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Judgment Search Results Home > Cases Phrase: jurisprudence Page 1 of about 45,428 results (0.044 seconds)

Jan 22 2002 (HC)

Sabita Paul (Das) Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2002)1CALLT1(HC)

..... that the distinction between a temporary appointment in a permanent post and an appointment of a temporary nature in a temporary vacancy has to be borne in mind, service law jurisprudence recognizes such distinction. reference was made in that judgment to rule 3(d) of recruitment rules wherein provision has been made for appointment in temporary vacancies. the said rule is .....

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Mar 29 2000 (SC)

Shriomani Gurudwara Prabandhak Committee, Amritsar Vs. Shri Som Nath D ...

Court : Supreme Court of India

Reported in : AIR2000SC1421; JT2000(4)SC30; (2000)125PLR826; 2000(2)SCALE663; (2000)4SCC146; [2000]2SCR705; 2000(2)LC978(SC)

..... qualities to be recognised as such. holding otherwise would mean giving too restrictive a meaning of a 'juristic person,' and that would erase the very jurisprudence which gave birth to it.31. now, we proceed to examine the judgment of the high court which had held to the contrary. there was difference ..... a legal person' is any entity other than a human being to which the law attributes personality. it was stated:.let us be clear that the jurisprudence bearing on corporations is not myth but reality. what we mean is that corporate personality is a reality and not an illusion or fictitious construction of ..... person is that in which the corpus is some fund or estate devoted to special uses - a charitable fund, for example or a trust estate...jurisprudence by paton, 3rd edn. page 349 and 350 says:it has already been asserted that legal personality is an artificial creation of the law. legal persons ..... persons. such as are created and devised by human laws for the purposes of society and government, which are called corporations or bodies politic.salmond on jurisprudence, 12th edn., 305 says:a legal person is any subject-matter other than a human being to which the law attributes personality. this extension, for ..... statute. similarly, in the u.s. the african-americans had no legal rights though they were not treated as chattel.12. in roscoe pound's jurisprudence part iv, 1959 ed. at pages 192-193, it is stated as follows:in civilized lands even in the modern world it has happened that all .....

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Oct 26 2005 (SC)

State of Gujarat Vs. Mirzapur Moti Kureshi Kassab Jamat and ors.

Court : Supreme Court of India

Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)

..... . this formalistic a priori approach confines the law in a strait-jacket instead of permitting it to expand to meet the new needs and requirements of changing society (salmond on jurisprudence, twelfth edition, at p. 187). in such cases courts should examine not only the existing laws and legal concepts, but also the broader underlying issues of policy. in ..... are originally designed to fit social needs, develop into concepts, which then proceed to take on a life of their own to the detriment of legal development. the resulting 'jurisprudence of concepts' produces a slot-machine approach to law whereby new points posing questions of social policy are decided, not by reference to the underlying social situation, but by reference ..... union of india and ors., : (2002)10scc606, a three-judge bench of this court read article 48-a and article 51-a together as laying down the foundation for a jurisprudence of environmental protection and held that 'today, the state and the citizens are under a fundamental obligation to protect and improve the environment, including forests, lakes, rivers, wild life ..... bharati sripadagalvaru and anr. v. state of kerala and anr., : air1973sc1461, a thirteen-judge bench decision of this court is a turning point in the history of directive principles jurisprudence. this decision clearly mandated the need for bearing in mind the directive principles of state policy while judging the reasonableness of the restriction imposed on fundamental rights. several opinions were .....

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Mar 28 1969 (HC)

The Union of India (Uoi) Represented by the Secretary, Ministry of Com ...

Court : Chennai

Reported in : (1970)1MLJ19

..... be carried on only if the state permits. monopoly rights conferred by statutes came to be treated as in the nature of franchise in american jurisprudence. in california v. central pacific railway co. 127 u.s. 1, bradely, j., explaining franchise, said:no private person can establish a ..... first place the systematic expression of the degrees and forms of control, use and enjoyment, that are. recognised and protected by law. in paton's jurisprudence, 3rd edition, at page 481, we find that property necessarily includes the right to, contract : this may come in under article 19 (1) ..... in which the above observation is made in interpreting the expression 'property ' in section 51 (xxxi) of the australian constitution. in salmond's jurisprudence 12th edition at page 421, it is said that the subject-matter of right of property is either a material or immaterial thing, and that ..... perspective, so that article 19 (1) (f) applied equally to concrete as well as to abstract rights of property. it is a well-settled maxim of jurisprudence, on this part of the law, that ' nothing can be subject of property which is not recognised by law to be such ' : dwarkadas v. ..... ownership, or the object of a right of ownership, or valuable entities or rights which may be exchanged for the ownership of money. in salmond on jurisprudence (12th edition), the broad division is 'corporeal' and ''incorporeal', corporeal property comprising land, chattels, and incorporeal property having two broad division, namely, jura .....

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Feb 02 2006 (SC)

B.H.E.L. and anr. Vs. B.K. Vijay and ors.

Court : Supreme Court of India

Reported in : 2006(2)AWC1355(SC); [2006(108)FLR1113]; (2006)ILLJ1102SC; 2006(2)SCALE195; (2006)2SCC654; 2006(3)SLJ407(SC)

..... the salary of e-1 grade.21. in tarsem singh and anr. v. state of punjab and ors. : (1995)iillj104sc it was stated:promotion as understood under the service law jurisprudence means advancement in rank, grade or both.[see also state of rajasthan v. fateh chand soni : (1996)1scc562 ]promotion thus being not automatic, the high court committed a manifest error ..... v. ganeshayya, : air1965kant97 , 101. [indian evidence act (1 of 1872), section 41]in the language of jurisprudence status is a condition of membership of a group of which powers and duties are exclusively determined by law and not by agreement between the parties concerned. (roshan lal v ..... discussed term which, according to the best modern expositions, includes the sum total of a man's personal rights and duties (salmond, jurisprudence 253, 257), or, to be verbally accurate, of his capacity for rights and duties. (holland, jurisprudence 88).the status of a person means his personal legal condition only so far as his personal rights and burdens are concerned. dugganna .....

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Aug 23 1979 (SC)

Supdt. and Remembrancer of Legal Affairs, West Bengal Vs. Anil Kumar B ...

Court : Supreme Court of India

Reported in : AIR1980SC52; 1979CriLJ1390; (1979)4SCC274; [1980]1SCR323

..... ; and sullivan v. earl of caithness [1976] 1 q.b. 966.reference was also made to halsbury's laws of england, vol. 25, third edition, page 874, and salmond's jurisprudence, 11th edition.11. it was next contended that even if the term 'possession' in section 29(b) is susceptible of two interpretations, the one favourable to the accused be adopted ..... is impossible to work out a completely logical and precise definition of 'possession' uniformly applicable to all situations in the contexts of all statutes. dias & hughes in their book on jurisprudence say that if a topic ever suffered from too much theorizing it is that of 'possession'. much of this difficulty and confusion is (as pointed out in salmond's ..... jurisprudence, 12th edition, 1966) caused by the fact the possession is not purely a legal concept 'possession', implies a right and a fact the right to enjoy annexed to the right .....

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Oct 04 1985 (SC)

H. Anraj Vs. Government of Tamil Nadu

Court : Supreme Court of India

Reported in : AIR1986SC63; 1985(2)SCALE641; (1986)1SCC414; [1985]Supp3SCR342; [1986]61STC165(SC)

..... , 1959. after referring to the concept of copy-right both under the english as well as indian law the court observed thus:copy-right is referred to (in salmond's jurisprudence, 11th edition, p. 462) as an immaterial form of property recognised by law, being the product of human skill and labour or of a man's brains. in all the ..... being assigned or transferred. as opposed to personal rights, like life, liberty or reputation these would be proprietary rights and benefits and hence includible in property according to salmond's jurisprudence (see para 108 at page 412 of 12th edition under the heading 'proprietary rights - dominium and status'). counsel for the dealers, however, urged that this court has taken the view ..... on the assumption that lottery tickets are contractual documents that fact cannot militate against the tickets being goods and certain rights thereunder being transferred to the purchaser. in salmond's jurisprudence 12th edition at pages 338-339 under the heading 'the classes of agreements', the following passage occurs:agreements are divisible into three classes, for, they either create rights, or transfer ..... if all the elements are present, the scheme is a lottery, regardless of the fact that the purpose of its sponsor is to increase his business.in volume 38, american jurisprudence 2d at page 113 the further statement of law in para 6 is:in order to comprise a lottery, these three elements or ingredients (mentioned above) must be present; chance .....

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May 05 2006 (SC)

Municipal Council, Sujanpur Vs. Surinder Kumar

Court : Supreme Court of India

Reported in : [2006(110)FLR198]; [2006(3)JCR106(SC)]; (2006)IILLJ768SC; 2006(5)SCALE505; (2006)5SCC173; 2007(1)SLJ6(SC); 2006(1)LC761(SC)

..... v. ganeshayya : air1965kant97 air at p.101 [evidence act (1 of 1872), section 41]in the language of jurisprudence `status' is a condition of membership of a group of which powers and duties are exclusively determined by law and not by agreement between the parties concerned. (roshan lal tandon ..... discussed term which, according to the best modern expositions, includes the sum total of a man's personal rights and duties (salmond, jurisprudence 253, 257), or, to be verbally accurate, of his capacity for rights and duties. (holland, jurisprudence 88)the status of a person means his personal legal condition only so far as his personal rights and burdens are concerned. duggamma .....

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Apr 09 1980 (SC)

Shri Gurbaksh Singh Sibbia and ors. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1980SC1632; (1980)82BOMLR518; 1980CriLJ1125; (1980)2SCC565; [1980]3SCR383

..... inexorable formula in the matter of granting bail. the facts and circumstances of each case will govern the exercise of judicial discretion in granting or cancelling bail.'35. in american jurisprudence (2d, volume 8, page 806, para 39) it is stated :where the granting of bail lies within the discretion of the court, the granting or denial is regulated, to a ..... court of andhra pradesh : 1978crilj502 that 'the issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process. after all, personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established ..... for consideration is designed to secure a valuable right like the right to personal freedom and involves the application of a presumption as salutary and deep-grained in our criminal jurisprudence as the presumption of innocence. though the right to apply for anticipatory bail was conferred for the first time by section 438, while enacting that provision the legislature was not .....

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Mar 15 2004 (SC)

Esher Singh Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : 2004(2)ALD(Cri)270; JT2004(3)SC391; 2004(3)SCALE267; (2004)11SCC585

..... article 136 that it shall be exercised by the judges of the highest court of the land with scrupulous adherence to settled judicial principles, well established by precedents in our jurisprudence.32. it is manifest that article 136 is of composite structure, is power-cum-procedure-power in that it vests jurisdiction in this court and procedure in that it spells ..... is held to be continued and renewed as to encompass all its members wherever and whenever any member of the conspiracy acts in furtherance of the common design. (see: american jurisprudence vol.ii see 23, p. 559). for an offence punishable under section 120b, prosecution need not necessarily prove that the perpetrators expressly agree to do or cause to be done .....

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