Court : Karnataka
Reported in : (2003)IIILLJ300Kant
..... under article 226 may now be examined. it is argued that the management of the college being a trust registered under the bombay public trust act is not amenable to the writ jurisdiction of the high court. the contention in other words, is that the trust is a private institution against which no writ of mandamus can be issued. in support of ..... is an established procedure to remedy a wrong or enforce a right. a party may not be allowed to bypass the normal channel of civil and criminal litigation. the high court does not act like a proverbial 'bull in a china shop' in the exercise of its jurisdiction under article 226.'11. a three-judge bench of the supreme ..... is not maintainable in order to defeat the legitimate rights of the workmen under the settlement. we say this, because, the workmen acting on the solemn promise of the management withdrew industrial disputes instituted by them before the labour court, hubli, and the resultant position is that they are neither here nor there and they are now placed in 'trishanku swarga' and ..... mete out justice in given facts. on finding that either the workmen were engaged in violation of the provisions of the act or were continued as contract labour, despite prohibition of the contract labour under section 10(1), the high court has, by judicial review as the basic structure, constitutional duty to enforce the law by appropriate directions. the right to judicial .....Tag this Judgment!
Court : Supreme Court of India
..... appellant's remarks could reasonably amount to offence of defamation as defined under section 499 ipc. in the impugned judgment dated 30.4.2008, the high court observed that as to whether the appellant could claim a defence against the allegations of defamation was a factual question and thus would be ..... attorney general for canada air 1931 pc 94; thomas dana v. state of punjab : air 1959 sc 375; jawala ram and ors. v. the state of pepsu (now punjab) and ors. : air 1962 sc 1246; and standard chartered bank and ors. v. directorate of enforcement and ors. : air 2006 sc 1301. ..... against any individual. accordingly, it was held that the complainant was not a 'person aggrieved' within the meaning of section 198 crpc, 1898. the court also took note of explanation 2 to section 499 ipc which contemplates defamation of 'a company or an association or any collection of persons as such'. ..... directed that all the criminal proceedings pending against her be consolidated and tried by the chief metropolitan magistrate at egmore, chennai. however, the high court also proceeded to record its own views regarding the contents of the appellant's statements and even made some strong observations condemning the incidence of ..... 505(1)(b) and 509 ipc read with section 3 and 4 of act 1986. similarly, in the appeal arising out of slp (crl.) 6127 of 2008, the complainant is a lady advocate who has been practicing in the trichy district courts for more than 10 years. she has quoted some portions from the statements .....Tag this Judgment!
Court : Chennai
..... seen. the facts are that a reasoned award given in a dispute between the contractor and the government corporation was challenged under section 30 and 33 of the act, 1940 before the high court. originally, the original petition was rejected by the learned subordinate judge and on appeal, the division bench set aside the award. challenging the same, the contractor preferred an ..... the date of receipt of a copy of the order. the order under appeal now before this court is consequent on the order passed on remand from this court. 10. a perusal of the order passed in o.p.no.60 of 1997 dated 27th june, 2008, now the subject matter of the present appeal, shows that it confirmed the findings of the ..... indian bank, high court, madras and the deposit receipt to be kept in the custody of the registrar ..... aspect of liquidated damages, i have no hesitation in confirming the orders of the court below. in the circumstances, the appeal stands dismissed. no costs. consequently, m.p.no.1 of 2008 is also dismissed. 40. it is seen from the orders of this court dated 30.09.2008 that the appellant was directed to deposit a sum of rs.16.00 lakhs in .....Tag this Judgment!
Court : Kolkata
Reported in : (2008)2CALLT468(HC),2008(3)CHN507
..... on record are necessary to arrive at the conclusion whether or not the delinquent has committed misconduct.17. while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or violation of principles ..... . 11 sought leave and filed a supporting affidavit on such day. in the order of march 5, 2008, it was provided, inter alia, as follows:the substance of the affidavit filed by the respondent no. 11 may be dealt with by the university in its affidavit-in-opposition ..... that the two sail on the same boat and have either to stand or fall together. an order passed by this court at the initial stage of the proceedings is placed on behalf of the respondent no. 11. on march 5, 2008 when this matter was first called on, the university sought two weeks' time to use an affidavit. the respondent no ..... thinking. the university's affidavit was not filed within two weeks, or even after three weeks. on march 28, 2008 the university sought a further adjournment of two weeks to file its affidavit. the university was allowed time till april 12, 2008 and the petitioner was permitted two days' time to use a reply.32. the respondent no. 11 submits that the .....Tag this Judgment!
Court : Guwahati
..... notification dated 1.3.2003 is conspicuous by itslanguage to be effective from 1.5.2001. the period ofexemption/reduction is limited by the act to be for a period ofthree years. in the comprehension of this court though section9(3) does not as such in express words permit the stategovernment to issue a notification with a back date, thewords 'date of ..... aconstruction of the notification by the respondents is, according tomr. dutta, wholly untenable in law.25. referring to the decision, in mangalam timber productsltd. v. state of orissa, reported in (2008) 18 vst 1 (orissa), mr.dutta submits that in similar circumstances, orissa high courthas decided that the notification could not be retrospective, whenthe legislation is prospective in nature and the ..... thebenefit of concesssional rate of tax, while making payment of taxfor the year 2004-2005.14. as regards the contention of the respondent no. 4 in itsletter, dated 06.11.2008, aforementioned, that the notification, inquestion, was effective from 01.05.2001, and, therefore, oncompletion of three years, elapsed, by efflux of time, on30.04.2004, the appellant contended that ..... 02.2006, by allowing payment of tax by the appellant at a concessional rateof 4%.12. however, the problem for the appellant started, when anotice was issued, on 06.11.2008, to the appellant by respondentno 4 herein, namely, superintendent of taxes, contending therein,inter alia, that the appellant had been wrongly allowed payment oftax at the concessional rate of 4 .....Tag this Judgment!
Court : Delhi
Reported in : 160(2009)DLT775
..... facts as highlighted above, the inevitable conclusion is that section 304a has no application.208. while drawing the distinction even between rash act and negligent act, the apex court in bhalachandra waman pathe v. the state of maharashtra 1968 acj 38, held as under:an offence under section 304a indian penal code ..... all that can be put in the realm of canons of judicial ethics. the legal maxim 'actus curiae neminem gravabit' which means an act of the court shall prejudice no man depicts the duty of a judge to be just. the notions of fairness and impartiality give rise to certain special ..... without taking meals and without spending night with him, but unfortunately the shot hit the mahant resulting into his death. the apex court held that such an act on the part of the accused was wholly rash and negligent and no intention of causing death or intention of causing such bodily ..... i have heard learned senior counsel mr. ram jethmalani, led by battery of lawyers representing the appellant mr. sanjeev nanda in criminal appeal no. 807/2008; and mr. pawan sharma, additional public prosecutor for the state.94. very extensive arguments were addressed by mr. ram jethmalani, senior counsel appearing for ..... before any discussion is made in this regard, i find support from the following observations made by the hon'ble supreme court in sadhu singh harnam singh v. state of pepsu : air1954sc271 :10. on a careful reading of the evidence of the eye-witnesses and the different statements that have been .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2011SC1254
..... to do so as and when such recording is disclosed. f) he filed the affidavit pursuant to the direction given by this hon'ble court on 28th february, 2008 and without prejudice and would deal only with the allegations contained in paragraphs 25 and 26 of the writ-application and paragraphs 6, 8 ..... of and at the same time, the cbi has been permitted to submit such report as charge sheet in the criminal court and the state has been given liberty to act according to its discretion on the basis of such recommendations as the final outcome of the writ-application, we are of ..... g.r.p.s., dum dum was received by the karaya police station. the said letter dated september 21, 2007 from the kolkata nagarik sammelan, 65 ward committee was recorded vide g.d. entry no. 2212, dated september 21, 2007 at 23:20 hours. this letter from kolkata nagarik sammelan as also ..... called by issuing notice under the provisions of the code. mr. bandyopadhyay contends that if no criminal case was registered against rizwanur, the police authorities acted arbitrarily and with mala fide intention in repeatedly calling him in lal bazar for the purpose of breaking the matrimonial relationship between the couple at the ..... herein justified? is respondent no. 3 responsible in any manner? (iv) did any of the city police officers (respondents 5, 7, 8 and 9) act ultra vires in discharge of official duties? (v) whether investigation conducted by the state police agencies was in accordance with law? (vi) whether the facts and .....Tag this Judgment!
Court : Delhi
..... . shri prabhakar kishan khandare & anr.(supra), on the issue of costs, it was held that :-"17. it is also necessary to notice the observations of the apex court while considering another act of fraudulent concealment of the material facts and filing of fraudulent litigation. in the pronouncement reported at 2000(4) scale 692 rajappa hanamantha ranoji v. sri mahadev channabasappa & ..... the petitioner admits knowledge of the information on the website which would manifest that the petitioner was aware of the proposal of the respondent no. 2 right from may, 2008. the petitioner has also not reacted to the request for proposals and waited till six days before the closure/last date for submission of bids before writing its first ..... also pointed out, that the advertisements were issued notifying applications for the request for qualification ('rfq' hereafter) by public advertisement which were published and circulated on 29th may, 2008 in national dailies including the hindustan times and the financial express for two major highway projects including the project in question. additionally the rfq document was also posted on the ..... 2 herein (also referred to as the 'nhai' hereafter), issued an advertisement in leading newspapers including the hindustan times and the financial express both dated the 29th of may, 2008 inviting requests for qualification ('rfq' for brevity hereafter) to undertake inter alia the work involving the talegaon-amravati km 100 to km 166.725 (length- km 66.73) section .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2008)151PLR297
..... learned single judge were:(i) provision of section 11(7) would be attracted to all cases of surplus area declared under the punjab law, pepsu law or this act but it envisages that stage of determining by snapping or de-linking the ties of the landowner by divesting him of the possession and title ..... area had to be determined again in the hands of the heirs of the original landowner. the collector had placed reliance upon the decision of the supreme court in bhikoba shankar v. mohan lal punchand : 3scr218 , a case under the maharashtra law wherein it had been held that the proceedings could not ..... state of flux and there would be no finality.24. the learned counsel, taking a clue from ajmer kaur's case, argued that the supreme court had not finally interpreted the provision of section 11(7) because the matter was decided on the basis of the collector's order which had attained finality ..... determination is the stage when calculation of surplus area has been completed, whether by the collector or in appeal/revision by the hierarchy of the revenue courts upto the financial commissioner. it would be only when the remedy of final appeal/revision has been exhausted that it could be said that surplus area ..... on to every piece of their holding and did not surrender even a fraction of an acre, without a legal fight right up to the supreme court. therefore, the question which arises in the mind is; which is that precise moment when the landowner well and truly gets divested of his surplus .....Tag this Judgment!
Court : Orissa
Reported in : 108(2009)CLT241
..... dated 07.02.2005 and 14.02.2005 were in force, opposite parties 3 and 5 in clear violation of the order of this court on 24.02.2008 forcibly demolished the structures and evicted the members of the petitioner-society from the plots where they were having their shops. the opposite ..... in general administration department wherein it was stated that unauthori-zed encroachments, are liable to be evicted under the public premises (eviction of unauthorized occupants) act, 1972. in the said order it was further.stated that as the plots in question are used by thousands dwellers and those are busiest roads ..... constructing the kiosk in question over the case land. bhubaneswar municipal corporation is a nodal agency for maintenance of public road and orissa municipal corporation act empowers bhubaneswar municipal corporation under section 407 to evict encroachers from the public roads. the case land being a part of the public road is ..... is erected or set up on or upon or over any street or any open channel, drain or well or tank. section 408 of the said act requires the commissioner to give a written notice to the owner-or occupier of any premises, wall, fence, rail, post step, booth or other ..... and cabin owners every day at the rate of rs.1 per shop since 1983 in accordance with section 307 of the orissa municipal act, 1950 (hereinafter referred to as 'act 1950).there were 161 shopkeepers dealing in readymade garments, small betel shops, plastic goods shops, leather bag shops and other daily utility .....Tag this Judgment!