Court : Chennai
Decided on : Jun-13-2007
Reported in : 2007CriLJ3483; (2007)5MLJ67
..... judgment of the allahabad high court in a.c. datt v. rajiv gandhi and ors. : air1990all38 , wherein it has been held that 'challenge to general election after five years is not tenable'. 28. on direction by this court, the files connected to the issue on hand are produced before this court wherefrom ..... at. under article 139a the transfer can be if 'the supreme court is satisfied on its own motion or on an application made by the attorney general of india or by a party to any such case'. also if the provisions of chapter xxix of the criminal procedure code are looked at, it is ..... in the third, fourth constituencies, etc. shall not be maintainable in law in view of section 33(7) of the representation of the people act, 1951. 29. from the nomination paper of the 7th respondent submitted in 191-pudukkottai assembly constituency, part-iii, it is seen that the 7th respondent has declared that 'i ..... the apex court that in view of the provision of sub-section (2) of section 406 cr.p.c., the transfer petition is maintainable only when motion is moved by the attorney general or by the 'party interested' and therefore, only the attorney general or the 'party interested' has locus standi to file application and ..... letter no. 56/2001/js-ii/652 had clarified the above position; that as the commission was of the view that if ms. jayalalithaa had filed four nomination papers and had given declaration that she had not been or would not be nominated as a candidate at the general election from more than two .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-11-2007
Reported in : 2008(1)ALD237; 2007(6)ALT804
..... this clause shall apply to the founder or a member of the family of the founder who has been appointed as trustee.explanation :- the expression 'term' includes a part of the term.(2) before a trustee enters upon his office the commissioner, deputy commissioner or assistant commissioner or any other person authorized by him in this behalf shall administer to him the ..... the trustee.explanation i :- 'founder' means a person who has founded an institution or endowment and recognized as such by the authority competent to appoint trustees under section 15.explanation ii:- ...(2) ...(3) ...(4) ...(5) ...(6) ...19. disqualifications for trusteeship:(1) a person shall be disqualified for being appointed as, or for being, trustee of any charitable or religious institution or ..... may be deemed necessary to ensure that such institutions and endowments are properly administered and their income is duly appropriated for the purposes for which they were found or exist.(2) without prejudice to the generality of the foregoing provisions, the commissioner shall exercise the powers conferred on him and perform the functions entrusted to him by or under this ..... for review. the power of review provided under section 94 of the act is not a general power empowering the government to review any order passed under the act but it is confined only to an order passed under section 93 of the act on the grounds specified thereunder.18. the law is well settled that the power of review is not inherent and does .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-16-2007
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 : Mumbai
Decided on : Feb-14-2007
Reported in : 2007(4)ALLMR100; 2007(3)BomCR7
..... which dealt with public charities. section 92 provides that where the direction of the court is deemed necessary for administration of any trust, the advocate general or two or more persons having an interest in the trust and having obtained leave of the court may institute a suit, whether contentious or not ..... after authorisation is granted under clause (c), the trustees will be obliged to apply for sanction under clause (b). in our view, only this part of the reasoning adopted by the division bench is incorrect.under clause (c). the charity commissioner can authorise the trustees to sell the trust property only ..... what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust; (f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged; (g) settling a scheme, or (h) granting such further or other relief as ..... court of original jurisdiction or in any other court empowered in that behalf by the state government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree (a) removing any trustee; (b) appointing a new trustee; (c) ..... to the trustees. the trustees applied under section 24(2) of the said act of 1949 before the agricultural income tax board. ultimately a statement of case was drawn up by the board and was submitted to the high court. the question of law which was referred to the high court for decision was .....Tag this Judgment!
Court : House of Lords
Decided on : Jul-18-2007
..... different ways leading to different results. this creates the potential for dispute, which is one of the more important objections to its use generally. hence the law commission's recommendation that, if a power to award compound interest were to be introduced, the civil procedure rule committee should have power ..... sums paid but not owed, such claims being available for varying lengths of time, in some cases for the limitation period laid down under the general law (see, most recently, case c-228/96 aprile v amministrazione delle finanze dello stato  ecr i-7141, paragraph 17). 25 this ..... payments of act under a tax regime which contravened eu law. these are (1) an action for damages (in the nature of an action for breach of statutory duty: see r v secretary of state for transport ex parte factortame ltd (no. 7)  1 wlr 942, paras 143-158); (2) a ..... ) 3 ch. d. 351 and harsant v. blaine, macdonald and company (1887) 56 ljqb (ns) 511. in the former case, the claim failed because based on mistake of law. in the latter case, the only mistake ..... act. but he submits that that is not the end of the matter. equity itself possesses remedies enabling monies paid under a mistake to be recovered, even though they may be differently described, for example as involving an order for an account. court of appeal cases recognising that equity could in this respect mirror the common law are rogers v. ingham (1876 .....Tag this Judgment!