Court : Allahabad
Reported in : 2005(2)ESC978
..... being not in accordance with the prescription of the constitution the appointment of the person taking oath was vitiated. on the contrary, the attorney general appearing on behalf of the union of india stated that the form prescribed in the third schedule pursuant to the requirement of article 75(4) ..... and deputy minister and all the ministers cannot be treated to be equal even though, they are the part of council of minister.29. as section 2 of the salaries and allowances of minister act, 1952 defines 'minister' which mean a member of council of the minister by whatever name called and ..... under the chairmanship of the prime minister. historically, it evolved from the cabinet council, a committee of the privy council, under charles.18. in 'law lexicon' published by 'wadhwa and company nagpur' the word 'cabinet' means the select council of a sovereign or of an executive government; the collective ..... constitution for the executive powers of centre and state together extents to matters with respect to which parliament and legislature of a state may make laws.16. as averred above, the petitioners have not impleaded either union government or the state government as respondents otherwise rules made under article 77 ..... official to discharge any particular function.15. allocation of business under article 166(3) of the constitution is not made with reference to particular laws which may be enforced at the time the allocation is made. it is also made with reference to the three lists of the vii .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1980P& H1
..... legislature had no power to abolish it as part of the high court's general jurisdiction. it may, however, be observed that the learned judge left open the question whether the impugned law was a law relating to the general jurisdiction of the high court-or whether it was a law in respect of 'land' (entry 18 list ii) in respect of which the state legislature could ..... bill passed by the state legislature for the assent of the president does not arise. further, the legislature being competent to amend the existing law and the relevant central acts themselves envisaging the effecting of changes in the law governing the jurisdiction of the high court by the competent legislative body, the amendments effected by the punjab state legislature in the punjab courts ..... the judge who passed the judgment declared that the case was a fit one for appeal. on the amalgamation of the high court at allahabad and the chief court in oudh and the constitution of one high court by the name of the high court of judicature at allahabad (referred to in the u. p. high courts (amalgamation) order, 1948 as ..... the high court over the courts subordinate to it while exercising its legislative powers as the legislative power were subject to other provisions of the constitution, and that the impugned acts having taken away the first appellate jurisdiction of the high court completely, which had been conferred an the high court under its letters patent, were unconstitutional.i am afraid, i .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC609; 108CompCas652(SC); (2002)2CompLJ252(SC); JT2002(1)SC61; (2002)ILLJ1088SC; 2002(1)SCALE52; (2002)2SCC167; 1SCR37; 2002(1)SCT836(SC)
..... ' and, therefore, 'state' within the meaning of the expression in article 12."in chander mohan khanna vs ncert [1991(4) scc 578], this court while observing that there are only general principles but not exhaustive tests to determine whether a body is an instrumentality or agency of the government and those which are not, emphasized that the powers, functions, finances and ..... several officers, playing vital role in the day-to-day administration of the company can be done only with the prior permission or approval of the government of karnataka. the general manager also may be appointed on such terms andremunerations as may be fixed, only subject to the approval of the government of karnataka.(i) for any investment or expenditure above ..... of the high court by an order dated 4.3.98 granted stay of the order of transfer dated 27.11.97 confirming thereby the ex-parte interim order of stay earlier granted on 24.2.98 and rejecting the application of the appellant company for vacating the same. before the division bench, at the time of initial hearing of the appeals ..... inference that they become agents of thecentre/state government for all purposes so as to bind such government for all their acts, liabilities and obligations under various central and/or state acts or under private law."a careful consideration of the principles of law noticed supra and the factual details not only found illustrated from the memorandum as well as articles of association of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC937; [1991(61)FLR271]; JT1990(3)SC1; 1990(1)SCALE324; 1990Supp(1)SCC191; 1SCR687; (1990)1UPLBEC498
..... servants. since, according to him, the canteens are run for the benefit of the staff, the government has only a general responsibility to see that the labour laws are properly followed and not infringed. he further submitted that an indentical responsibility also devolves on the railways in regard to contractors ..... with in this appeal. prima facie we are inclined to agree that the high court decision is right. moreover, the learned attorney general agrees to apply the act as if it were applicable to canteen employees. in this view a final pronouncement on this question by this court need not ..... with in this appeal. prima facie we are inclined to agree that the high court decision is right. moreover, the learned attorney general agrees to apply the act as if it were applicable to canteen employees. in this view, a final pronouncement on this question by this court need not ..... and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.(2) without prejudice to the generality of the foregoing power, such rules may provide for-(a) the date by which such canteen shall be provided; (b) the ..... is correct. section 2(1) of the factories act defines 'worker' as follows:'worker' means a person employed, directly or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in cleaning any part of the machinery .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2007SC2688; 2007(5)ALD43(SC); (SCSuppl)2007(4)CHN27; 2007(2)JKJ77[SC]; 2007(3)KLT587(SC); (2007)6MLJ274(SC); 2006MPLJ226(SC)
..... to take any chances on the courts failing to do their duty. 24. judiciary is the bed rock and handmaid of democracy. if people lose faith in justice parted by a court of law, the entire democratic set up would crumble down. in this background, observations of lord denning m.r. in metropolitan properties ltd. v. lennon (1968) 3 all e.r ..... handle to the disgruntled litigants to malign the judges, leading to character assassination. a good name is better than good riches. immediately comes to one's mind shakespeare's othello, act ii, scene 3, 167:good name in man and woman, dear my lord is the immediate jewel of their souls; who steals my purse, steals trash; its something, nothing; 't was ..... court's environment; so also to enable it to administer justice fairly and to the satisfaction of all concerned. to similar effect were the observations of lord morris in attorney general v. times newspapers 1974 ac 273 . it was observed that when unjustifiable interference is suppressed it is not because those charged with the responsibilities of administration of justice are concerned ..... occasions tried to get the case mentioned in their respective courts. both said that only justice g.p. mathur can consider it.it is worth mentioning that hon'ble registrar general mr. jain himself told the deponent that hon'ble justice g.p. mathur who granted leave is only entitled to hear the civil appeal.but when the case was unprecedented .....Tag this Judgment!
Court : Rajasthan
Reported in : 2009ACJ2785; AIR2008Raj99
..... court shall be deemed to have refused such interest, and a separate suit there for shall not lie.9. black's law dictionary (fifth edition) defines the word 'interest' thus:the most general term that can be employed to denote a right, claim, title, or legal share in something. in its application to ..... the concept of interest thus:(para 8);words 'interest' and 'compensation' are sometimes used interchangeably and on other occasions they have distinct connotation. 'interest' in general terms is the return or compensation for the use or retention by one person of a sum of money belonging to or owed to another. in its narrow ..... which obviously would include the power to grant interest under section 34 of the code of civil procedure.17. the principle of law that would emanate is that although 1987 act does not specifically vest the tribunal with the authority to grant pendente lite interest, yet the power and authority to grant such ..... has fallen due, and thus, it is a charge for the use or forbearance of money. in this sense, it is a compensation allowed by law or fixed by parties, or permitted by custom or usage, for use of money belonging to an other, or for the delay in paying money after ..... of animals or goods entrusted to a railway administration for carriage by railway;(ii) compensation payable under section 82a of the railways act or the rules made thereunder; and(b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or .....Tag this Judgment!
Court : Kolkata
Reported in : 2009ACJ1549,AIR2008Cal59,2008(3)CHN753
..... .19. in the statute we are concerned, the word 'any' has been placed before a singular noun viz. person. according to section 13(2) of the general clauses act, unless there is anything repugnant in the subject or context, the words in singular shall include plural, and vice versa. therefore, injury or death ..... disfiguration of the face of the injured and as such, the compensation should be rs. 4,00,000/- in terms of item no. 5 of part-ii of the schedule providing compensation for 'very severe facial disfigurment', we are not at all impressed by such submission. in our opinion, the case before ..... incidents.- when in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been ..... is sufficient, whether or not, there had been any default, neglect or wrongful act on the part of the railway. the word 'any' according to the plain dictionary connotation means 'any or some or all'. in black's law dictionary, it is explained thus:word 'any' has a diversity of meaning and ..... killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable .....Tag this Judgment!
Court : Kolkata
Reported in : (1997)2CALLT128(HC)
..... said words have been communicated to anyone else other than the learned single judge but also happens to be a part of the high court.11. the learned additional solicitor general has further submitted that the learned single judge has referred the matter to the learned chief justice who has constituted ..... hesitation in holding that the alleged conversation between the appellant and the learned single judge would not amount to publication within the section 2(c) of the act and therefore the appellant cannot be held to have committed the contempt of the court.42. apart from the non-publication of the ..... agrarian reforms for removal of poverty what is the ultimate result. the nation did not exhibit the political will to implement the land reform laws. the removal of the maharajas and rajas and privy purses were criticised because of the view taken by supreme court which according to the ..... premise is the pride and the prejudice of a human instrument of a judge through which objectively the judge seeks to administer justice according to law. so, therefore, in a study of accountability if class composition of the people manning the institution is analysed it cannot be said that an ..... and ors. reported in : 1988crilj1745 may be taken note of. in the aforesaid decision the supreme court held that the speech made by the law minister did not hamper administration of justice. the supreme court further held that 'administration of justice and judges are open to public criticism and public scrutiny .....Tag this Judgment!
Court : Chennai
..... following crucial factors : (i) that the trust was created for the benefit of mazdoors working in the railway and the socially and educationally backward people in general; (ii) that thousands of railwaymen contributed their mite, both financially and otherwise, to the trust; (iii) that the very career and thinking of the founder ..... administration of the first defendant trust. thus it is seen from the written statement of the fifth defendant that despite being the brother-in-law of defendants 2 and 4, he has also prayed for framing a scheme.9. during the pendency of the suit, this court appointed mr.justice a. ..... the chairperson. vii. powers of the board of trustees: the trust board shall have the following powers:- (a) to frame rules and regulations, bye-laws as may be necessary for implementing this scheme. (b) to frame rules and regulations with reference to the service conditions of the teaching and non-teaching ..... filed as ex.d99. interestingly, the fifth defendant is addressed in the said letter, as a ".comrade".. the fifth defendant was the son-in-law of the founder and he was employed in the department of animal husbandry and veterinary sciences of the government of tamil nadu. but, the founder ..... 5 began to siphon the funds of the trust and the college and amassed wealth; (z) that there were acts of misfeasance and malfeasance on the part of defendants 2 to 5 and they also started demanding commission from the contractors, who undertook works and made supplies to the college; .....Tag this Judgment!
Court : US Supreme Court
..... by implied exceptions, it must be clearly shown that certain types of suits are not consistent with the statutory or constitutional scheme, [ footnote 3 ] that an implied restriction of the general authority is necessary to avoid grave interference with the performance of a governmental function, or that, for other reasons, it was plainly the purpose of congress to use the "sue ..... sued without its consent. there, no consent whatsoever to "sue and be sued" had been given. here, the situation is different. sec. 1 of title 1 of the national housing act (act of june 27, 1934, c. 847, 48 stat. 1246) authorized the president "to create a federal housing administration all of the powers of which shall be exercised by a federal ..... be. clearly the words "sue and be sued," in their normal connotation, embrace all civil process incident to the commencement or continuance of legal proceedings. garnishment and attachment commonly are part and page 309 u. s. 246 parcel of the process, provided by statute, for the collection of debts. [ footnote 4 ] in michigan, a writ of garnishment is a civil process ..... books of reference, and for paper, printing, and binding) as are necessary to carry out the provisions of this title and titles ii and iii, without regard to any other provisions of law governing the expenditure of public funds." sec. 2 gave limited authority to the administrator to insure financial institutions; 3, authority to make loans to such institutions. since the administrator could .....Tag this Judgment!