Court : Supreme Court of India
Decided on : Dec-20-1986
Reported in : AIR1987SC877; 1987CriLJ793; JT1986(1)SC832; 1986(2)SCALE1099; (1987)1SCC288; 1SCR702
..... again emphasise that the imperative of public justice provides the only relevant consideration for determining whether consent should be granted or not. it is not possible to provide an exclusive definition of what may be regarded as falling within the imperative of public justice nor is it possible to place the concept of public justice in a strait-jacket formula. every ..... state or in the country? the court is not in a position to know such situations." it will thus be seen that the position in law in regard to the degree of autonomy enjoyed by the public prosecutor vis-a-vis the government in filing an application for with- drawal of the prosecution is rather confused and it would be desirable ..... before us in regard to the position of the public prosecutor in relation to an application for withdrawal from the prosecution and the issue was as to what is the degree of autonomy conferred on the public prosecutor vis-a-vis the government whilst filing an application for withdrawal. this issue can be operationa- lised into three different questions: (1) does ..... by the state of bihar against the respondents on 19th february, 1979, was for offences under sections 420/466/471/109/120-b of i.p.c. and under sections 5(1)(a), 5(a)(b) & 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. the charge against the second respondent was that he, who at all mate- rial .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-04-1986
Reported in : AIR1986SC842; [1986(52)FLR621]; 1986LabIC850; (1986)IILLJ217SC; 1986(1)SCALE637; (1986)2SCC614; 2SCR169; 1986(3)SLJ63(SC); 1986(2)LC339(SC)
..... above decision, cannot be dismissed so lightly, because this court extended the benefit of this section to a dispute that existed before the section came into force, notwithstanding the fact that the section used future tense regarding the dispute. we agree that section 2-a is a definition section. still this court gave it a retrospective construction. we feel, some support is available to ..... the appellant from this decision.15. the respondents' counsel relied heavily upon two decisions of this court, referred above, dealing with section 11-a of the act. section 11-a reads as follows: where an ..... are in the future tense, denoting something to happen in future, the section was held to operate retrospectively also and that similar is the case with section 17-b. the learned counsel for the respondents met this argument with the plea that section 2-a was only a definition section and no support could be drawn from the above judgment for the purpose ..... invited our attention to a decision of this court in rustom & hornsby (i) ltd. v. t.b. kadam, where this court was considering the scope of section 2-a of the act. section 2-a provides thus: where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-20-1986
Reported in : I(1987)ACC157; AIR1987SC1086; (1987)1CompLJ99(SC); JT1987(1)SC1; 1986(2)SCALE1188; (1987)1SCC395; 1986Supp(1)SCC562; 1SCR819
..... activities of which affect the country as a whole and the development of which must be governed by economic factors of all india import. section 2 of the act declares that it is expedient in the public interest that the union should take under its control the industries specified in the first schedule. ..... or public functions are by virtue of the nature of the functions performed government agencies. activities which are too fundamental to the society are by definition too important not to be considered government functions.'16. the above discussion was rounded off by the court in r.d. shetty's case (supra ..... of four days, on 19th december 1986. we are therefore of the view that this is not a question on which we must make any definite pronouncement at this stage. but we would leave it for a proper and detailed consideration at a later stage if it becomes necessary to do ..... exclusively run under its industrial policy, not be subject to the same limitations. but we do not propose to decide this question and make any definite pronouncement upon it for reasons which we shall point out later in the course of this judgment.29. we were during the course of arguments, ..... has considerable measure of control under its police power over all types of business organisations. but a finding of state financial support plus an unusual degree of control over the management and policies of the corporation might lead to the characterisation of the operation as state action.15. whilst deliberating on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-09-1986
Reported in : AIR1987SC203; 1987(1)KLT53(SC); 1986(2)SCALE1004; (1987)1SCC183; 1SCR485; 1987(1)LC79(SC)
..... the conditions laid down under sub-section (l)(b) of section 18 of the act. from the appellate authority a revision in certain circumstances lies in case where the appellate ..... conclusive and no further appeal lay. this court was construing sections 39 and 43 of the delhi rent control act, 1958 and the effect thereof in the context of letters patent appeal. there sections 39 and 43 provided as follows: section 39(1) subject to the provisions of sub-section (2), an appeal shall lie to the high court from an order made by the tribunal ..... of the cpc. 15. under the scheme of the act it appears that a landlord who wants eviction of his tenant has to move for eviction and the case has to be disposed of by the rent control court. that is provided by sub-section(2) of section 11 of the act. from the rent control court, an appeal lies to the appellate authority under ..... within sixty days from the date of such order. (2) no appeal shall lie under sub-section (1), unless the appeal involves some substantial question of law. section 43. save as otherwise expressly provided in this act, every order made by the controller .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-01-1986
Reported in : ILR1987KAR1673; 1986(2)KarLJ165
..... rent, tree tax and tree rent, is well founded.'at page 92, it is held thus :-'he also referred to section 2(11) of the mysore excise act, 1965, in which the definition of 'excise revenue' is the same as in the 1901 act. the learned special government pleader further argued that even if shop rent is not a duty of excise, it is still ..... derivable from any duty, fee, tax, rent, fine on confiscation imposed or ordered under the provisions of this act or any law for the time being in force relating to liquor or intoxicating drugs - [section 2(11)].section 24 states that notwithstanding anything contained in sections 22 and 23, the sum accepted in consideration of the grant of any lease relating 10 any excisable article ..... for personal grievance. he submitted that acceptance of bids/contracts is a day-to-day affair in state function and in almost all the departments viz., public works department, forest, medical including excise, contracts are accepted for supply or to get work done. validity of acceptance of bids or contracts cannot be agitated in the form of a public interest litigation ..... ]2scr365 ; people's union for democratic rights v. union of india, : (1982)iillj454sc ; bandhua mukti morchav.union of india, : 2scr67 and state of h.p. v. student's parent medical college, shimla, : 3scr676 submitted that 'public interest litigation', as explained by supreme court is meant to ventilate grievances of vulnerable class, who, by reason of poverty, helplessness, socially or .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-01-1986
Reported in : AIR1987Raj174; 1987(1)WLN548
..... so that prescribing of different conditions of eligibility does not ipso facto result in violation of article 14 of the constitution. moreover, for entry into medical colleges there is a definite recommendation of the medical council of india prescribing the minimum age limit, while no corresponding recommendation of any body of experts relating to the engineering colleges has been shown to ..... the field, is also required to prescribe the minimum standards of medical education. it is also empowered by the act to make regulations generally to carry out the purpose of the act and particularly for the matters specified expressly in section 33 of the act. one of the recommendations made by the medical council of india in exercise of its statutory power is that ..... minimum age limit prescribed for the purpose and a candidate should be eligible for admission on passing the qualifying examination, which is the first year of the three years degree course after passing the higher secondary examination. based on the normal calculation, learned counsel concedes that ordinarily minimum age of a candidate at the time of passing the qualifying ..... since the division bench deciding pramil gupta's case (supra), or cannot be read in the manner suggested by the learned single judge making this reference. the aforesaid questions nos. 2 and 3 need not, therefore, be answered.11. consequently, our answers to the questions referred to us for decision are as under : --(1) the impugned provision prescribing the .....Tag this Judgment!
Court : Delhi
Decided on : Oct-31-1986
Reported in : AIR1987Delhi174; 31(1987)DLT166; 1987(12)DRJ107
..... call the petitioner folish, illiterate, stupid and insulted her even in the presence of mother and others. sometimes he used to ask meaning or spelling or definition of difficult words of english language. on the petitioner's inability to tell he used to get infuriated and used to scold the petitioner for hours altogether ..... no longer a virgin. he further stated in the written statement that in order to ascertain the facts, the appellant may be directed to undergo a medical test to determine the truth or falsity of these allegations by a board of doctors/specialists, constituted for the purpose of determining the virginity of the ..... . he used to say that the petitioner has got all fake degrees and she is a fool and stupid. 7.that the petitioner is working in a bank as a clerk. the respondent used to ask her to ..... a nursing home. in the cross-examination she stated that she got her virginity test done on 13/12/1983 from gupta medical centre, moti bagh part ii. new delhi and the medical report marked 'a' was shown to the counsel for the respondent and is on the record. no initiative was taken either ..... the petition was dismissed by the order dated 19/10/1985. the present appeal under section 28 of the act seeks the reversal of the decree of the trial court and for grant of the decree of dissolution of marriage.(2) the respondent is appearing in person and, thereforee, it has taken three hearings in .....Tag this Judgment!
Court : Kerala
Decided on : Mar-10-1986
Reported in : I(1987)ACC461; AIR1987Ker47; 68CompCas192(Ker)
..... thinks fit. it shall have all the powers of a civil court for the purpose of taking evidence on oath and other matters enumerated in sub-section (2). section 110-d deals with appeals. any person aggrieved by an award of a claims tribunal may, within ninety days from the date of award, prefer ..... appeal. we have heard learned counsel for the appellant and other members of the bar interested in the question.2. sections 110 to 110f were substituted for former section 110 by central act 100 of 1956. section 110 deals with power of the state government to constitute motor accidents claims tribunals for the purpose of adjudicating ..... of the provisions of rule 11 of order xli of the code, high court has the power to scrutinise an appeal filed under section 110-d of the act at the threshold to satisfy itself that there is a prima facie case which the respondent must be called upon to answer and to ..... of appeal. it does not specifically confer a right to file cross objections. the question is whether the respondent in an appeal under section 110-d of the act could file cross objections and whether the high court could entertain such cross objections. the near unanimous view of the high courts in india ..... right of appeal from its decision, remain the same.' 8. in secy, of state v. chellikani rama rao, air 1916 pc 21, the privy council considered the provision in the madras forest act laying down right of appeal to the district court in respect of rejection of a claim put forward before the forest .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-01-1986
Reported in : 1989(44)ELT29(Bom)
..... the tobacco plant and various rates of duties are set forth in the second column of the schedule. section 4 of the act describes the manner in which the excisable goods are to be valued depending on the place of sale. sub-section (2) of section 4 takes care of the situation when excisable goods are sold at a place other than the place of ..... was not made available to the accused for inspection and that accused 4 if he had to evade the excise duty could do so by taking his trucks through the medical college road. in these circumstances, i find that the trial court was wrong in finding accused no. 1 deshmukh guilty of the offences charged.22. the appeal therefore succeeds and ..... one of the other naka. what is more, if the truck driver is a more adventurous one he may evade octroi altogether by taking a kacha route lending to the medical college.11. this type of negative evidence led by the prosecution to prove that none of these trucks except the first one have actually arrive in the municipal limits of ..... . for which octroi of rs. 523.20p. was paid.9. on 22-5-1974, one inspector s. s. kale accompanied by borade, wale and madane all inspectors, visited the record section of the corporation and verified and checked the octroi receipts books of bijapur naka, poona naka, hyderabad naka and akkalkot naka to find only one receipt of octroi for 144 .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-28-1986
Reported in : AIR1987All362
..... not bar even appointment of a person who may be a non-hindu. learned counsel further submitted that although under the act he was responsible for management of the secular affairs but in fact power given to him under sub-section (2) of section 17 enlarges his activities and it amounts to interference with religious affairs of the temple. it was also urged that ..... of the expressions 'religion' and 'religious denomination'. the word 'religion' has not been defined in the constitution and : indeed it is a term which is hardly susceptible to any rigid definition. the word 'religion' also does not occur in the preamble to the constitution, but the preamble does promise to secure to its citizens 'liberty of thought, expression, belief, faith ..... therein. it only reiterated what had been said in shirur math's case. the hon'ble court did not modify or alter the law developed on the first part of definition of denomination including hindus, zorastrians, christians, etc., in ambit of religious denomination provided they were collection of individuals having a common faith. nor the principles laid down in it ..... of guruvyar andchedambaran temples. but the hon'ble supreme court was concerned only with shirur math which was a religious body and satisfied all the requirements of second part of definition of denomination. the occasion to consider if collection of individuals being believers of one faith or religion or cult, having same name without anything more constituted religious denomination or .....Tag this Judgment!