Court : Punjab and Haryana
Reported in : AIR1963P& H9
..... order of bishan narain j. passed in a petition under article 226 of the constitution praying that the estate be released from the court of wards on the ground that section 5(2)(a) of the pepsu court of wards act (no. 1 of 2008 bk.) is ultra vires the constitution of india. this appeal came up before me while sitting with the chief justice on the 13th ..... was to govern. it is not necessary to notice the various provisions of the patiala court of wards act, 2000 bk. because, as i have already said, they are identical with the provisions of the pepsu act. both the acts relate to the same subject. the pepsu act by section 2 repealed the patiala act, 2000 bk., and provided :'provided that all rules and appointments made, notifications and orders issued, ..... pursuance of an order of the jind state government. in 1948 the jind state became a part of pepsu and the court of wards continued to function, presumably under the pepsu court of wards act. in 1956 the two states of pepsu and punjab were merged together and the court of wards came under the control of the punjab state. on the 3rd of october, 1956, the appellant filed ..... hostile, discriminatory, and with bad motive on, amongst others, the following grounds. in the grounds, all possible objections were raised including the objection as to the vires of the pepsu court of wards act and in the end the following prayers were made :'1. that the petitioner and respondent no. 3 being co-widows and owners in equal share of the property there is .....Tag this Judgment!
Court : Karnataka
..... prior sanction. even if sanction were sought, the complaint would fall foul of the above requirement, on the basis of which the sanctioning authority acts. therefore, the court having directed an investigation by the police is the proper course of action as it is only then material would be made available, either to ..... complaint filed in terms section 156(3) or section 200 crpc, the magistrate is required to apply his mind. (see: maksud saiyed v. state of gujurat, (2008) 5 scc 668 and pepsi foods ltd. v. special judicial magistrate, (1998) 5 scc 749.) when a magistrate receives a complaint, he is not bound ..... 197 of the code is a condition precedent for launching the prosecution is equally fallacious. this court has stated the legal position in s.r. munnipalli v. bombay (1955 (1) scr 1177) and in amrik singh v. state pepsu (1955 rd-sc 9) that it is not every offence committed by a public servant ..... , which requires sanction for prosecution under section 197 of the code, nor even every act done by him while he is actually engaged in the performance of his ..... section 190 crpc, it is held thus: the other contention of the learned attorney general is than in taking cognizance under the p.c. act the court is guided by the provisions under section 190 of the code and in support of that contention the learned attorney general relied on several judgments. however .....Tag this Judgment!
Court : Karnataka
..... prior sanction. even if sanction were sought, the complaint would fall foul of the above requirement, on the basis of which the sanctioning authority acts. therefore, the court having directed an investigation by the police is the proper course of action as it is only then material would be made available, either ..... filed in terms section 156(3) or section 200 crpc, the magistrate is required to apply his mind. (see : maksud saiyed v. state of gujurat, (2008) 5 scc668and pepsi foods ltd.v. special judicial magistrate , (1998) 5 scc749) when a magistrate receives a complaint, he is not bound to take cognizance ..... of the code is a condition precedent for launching the prosecution is equally fallacious. this court has stated the legal position in s.r. munnipalli v. bombay (1955 (1) scr1177 and in amrik singh v. state pepsu (1955 rd-sc9 that it is not every offence committed by a public servant, which ..... requires sanction for prosecution under section 197 of the code, nor even every act done by him while he is actually engaged in the performance of his ..... section 190 crpc , it is held thus : the other contention of the learned attorney general is that in taking cognizance under the p.c.act the court is guided by the provisions under section 190 of the code and in support of that contention the learned attorney general relied on several judgments. however .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2009(1)MPHT99
..... that since the investigations are being carried out pursuant to the firs already lodged and the one man commission of inquiry under the commissions of inquiry act, 1952 has been appointed by the state government, the court should not direct an investigation by the cbi.13. mr. dharmendra sharma, learned counsel appearing for the nca, submitted that no relief whatsoever has been ..... representatives of the petitioner organisation and considering that 686 fake registrations have been alleged under the srp, the state government has by notification dated 18-7-2008 issued under section 3 of the commissions of inquiry act, 1952, appointed shri n.c. nagraj, a retired district & sessions judge as a single man commission of inquiry, to make an inquiry into the allegations ..... court in the first and second narmada bachao's cases (supra), the supreme court has held that rehabilitation and resettlement of oustees of the sardar sarovar project is part ..... the state government and for information of the houses of the state legislature. hence, the high court will have virtually no role to play on the report of the one-man commission appointed by the state government under section 3 of the 1952 act by the notification dated 18-7-2008 if and when submitted.21. by the two judgments of the supreme .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1978AP354
..... could not be held that by necessary implication the panchayat board's remedy to recover the amount in a civil court was ousted. 35. in the pepsu case ( kartar singh v. pritam singh, air 1956 pepsu 78) under the pepsu panchayat raj act ( 8 of 2008 bk ) it was the adalat class i that could entertain civil suits where the valuation did not exceed rs. 500 but ..... the suit was filed by the plaintiffs therein in the court of the subordinate judge 2nd class, for recovery of a sum of rs. 450, and ..... the jurisdiction of the subordinate judge's court was barred by the provisions of the pepsu panchayat raj act and whether the decree passed by the subordinate judge's court was a nullity. the learned judge held that although the panchayat court were given jurisdiction in certain suits by the pepsu panchayat raj act, the jurisdiction of ordinary civil courts in such suits was not excluded or ..... taken away, that both courts had concurrent jurisdiction in such .....Tag this Judgment!
Court : Chennai
Reported in : II(2008)BC699
..... be held that notice to the firm will amount to notice to the partners and vice-versa.20. therefore, in the considered view of this court the contention of the learned counsel appearing for the petitioner merits acceptance and the contention of the learned counsel appearing for the respondent is liable ..... 2 ors. v. shasun chemicals and drugs ltd. (supra), the decision in girish chandra pandey v. kanhaiyalal chandak (supra), of the calcutta high court cannot be relied upon.19. it is pertinent to point out that admittedly the notice sent to the firm and other partners namely a1 and a2 were ..... drawer. only when that process fails, the cause of action, as envisaged in section 138, would arise against them, to enable the complainant to approach the court, within the stipulated time so. the starting of the process is, the service of notice on the persons, who represent the company, the drawer of the ..... the learned counsel appearing for the petitioner relied upon the following decisions, viz.:(i) b. raman and 2 ors. v. shasun chemicals and drugs ltd. ii (2008) bc 83 : ii (2008) clt 91 : 2006(2) lw (cri.) 775 (db).(ii) poppys spinning mills (p) ltd. v. c. visalakshi and anr. .9. in the ..... and it was placed before the court, but without rectifying the defect what was found in the notice issued to the opposite party. but, this would not satisfy the legal requirements. the legislative intent of a notice in a proceeding under section 138 of the negotiable instruments act is making the opposite party .....Tag this Judgment!
Court : Kerala
Reported in : 144STC409(Ker)
..... industries within the state of kerala, they would certainly be entitled to plead the rule of estoppels in their favour when the state of kerala purports to act differently. several decisions of this court were cited in support of the stand of the appellants that in similar circumstances the plea of estoppels can be and has been applied and the leading ..... the said notification to the four categories mentioned in paragraph 21 supra. these exceptions, as already noted, are based on the principle of promissory estoppels as considered by the supreme court in mahaveer oil industries' case  115 stc 29. the circumstances under which a unit can be considered to have taken effective steps were incorporated in notifications s.r. ..... exemption are to be taken into account for interpreting the words used in the notification. in bajaj tempo ltd. v. commissioner of income-tax : 196itr188(sc) the supreme court held that provision granting incentive for promoting economic growth and development in taxing statutes should be liberally construed and restrictions placed on it by way of exception should be construed ..... should be strictly construed. (state level committee v. morgardshammar india ltd. : air1996sc524 and novopan india ltd v. collector of central excise and customs : 1994(73)elt769(sc) ). the supreme court in pappu sweets and biscuits v. commissioner of trade tax, u.p., lucknow  111 stc 425 held that object of the relevant exemption notification and the intention of the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1981Mad318; (1981)2MLJ254
..... the add rajpramukh issued an ordinance applying all the laws obtaining in the state of patials, including the patiala recovery of state dues act 2002 bk. to the entire state of pepsu. after the promulgation of the constitution of india an january 26, 19w, pepau became pot of the indian union as a part b ..... this regulation stated:'whereas doubts have been entertained as to the liability of the estate of a minor not taken under the management of the court of wards, to be sold for arrears of revenue; and whereas it is considered expedient, for the due protection of the property of minors and other ..... 2) the collector on receiving the certificate shall proceed to recover the amount stated therein as an arrear of land revenue.' the supreme court observed (at p. 804) 'the act is passed with the object providing a speedier remedy to the state government to realise the loans advanced by it or by the uttar ..... x of 1831 was a regulation to prohibit the sale of estates belonging to minors not under the charges of the court of wards, and to extend the provisions of section 20, regulation v of 1804, to property of every description not subject to the jurisdiction of that ..... incapacitated persons, that the provisions of section 23, regulation v, 1804, should be extended to property of every description not subject to the jurisdiction of that court, the .....Tag this Judgment!
Court : Delhi
Reported in : 44CompCas228(Delhi); ILR1973Delhi322
..... and noticed before the term 'de facto' directors has been restricted to directors with defective appointment. no case has been cited in which the court has upheld the act of a 'pretended director' without any appointment. in other words, in no case the term 'de facto' director has been applied to a ..... their minds. a similar view was also taken by chopra, j. in fateh chand kad v, hindsons (patiala) ltd. a.i.r. 1956 pepsu 89. (42) without recording evidence it is hardly proper to go into the facts bearing on this contention. the materials on record do not show ..... which the decision to increase the capital was taken, was conducted would be possible only if detailed evidence is led on this question. in these circumstances bk. shiveharan singh vigorously concentrated on the sufficiency of the notice that was issued to the petitioner (and others) concerning the issue of right shares. ..... they were only de facto, did have notice of the alleged defects, and could not have validly allotted those right shares. probably realizing this difficulty bk. shivcharan singh mounted his attack upon the invalidity pertaining to the decision to issue right shares and to the illegality of the notice issued in this ..... informing the company of the restraint order, annexure b to the petition) that the allotment of right shares had been made on 4th december, 1972, bk. shiveharan singh wrote a long letter on the 9th december, 1972 (annexure d) informing yogesh c. gupta about his various legal contentions, also citing .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1968P& H499
..... the rules relating to conditions of service under those particular headsthe central government could not possible have amended the statutory provision it could only act under the provision and in pursuance thereof. a condition of service which a state government was precluded from prescribing because of the bar ..... may also be mentioned here that it appears on legal advice that the government of india cannot accord approval to rules under the states reorganisation act with retrospective effect.' the argument is that the abovequoted letter conclusively proves three things, i.e. :(i) that some rules framed by the ..... of proposals of state government is to impose new departmental tests or tests of a higher standard, on the employees allotted under the states reorganisation act, only on the following conditions being fulfilled: (i) additional time, which may be double that of the ordinarily permissible time of passing the ..... division bench to be 'a condition of service' which was to the manifest detriment of the pepsu employees.mr. bhagirath dass has on the other hand invited our attention to the judgment of the supreme court in state of mysore v. g. n. purohit. 1967 service law reporter 753 (sc). ..... their detriment and disadvantage, and were violative of the mandatory requirements of the proviso to sub-section (7) of section 115 of the 1956, act, inasmuch as the prior approval of the central government required by the abovesaid provision had not been obtained before framing the said rules, and .....Tag this Judgment!