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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Year: 2008 Page 1 of about 112 results (0.061 seconds)

Aug 21 2008 (HC)

Narmada Bachao Andolan Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Aug-21-2008

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 .....

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Aug 14 2008 (HC)

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Aug-14-2008

Reported in : 2008(3)CHN857

..... ; they started living separately as a result of estrangement between them; while the son was in the custody of the respondent pursuant to an order passed under the guardians and wards act, the son escorted by his grandmother was waiting at a bus stop when the appellant accompanied by three or four persons forcibly took him away, on the respondent's complaint ..... affidavit to the petition as noted above, affidavits which have been filed do not clear the position. according to the learned advocate general, the order dated 28.2.2008 passed by this court was misconstrued and as such an affidavit touching only the point on which affidavit was invited thereby was filed. be that as it may, he contended that the cid ..... of west bengal, reported in : (2001)2callt526(hc) ; association for protection of democratic rights (supra) and state of west bengal v. jawahar singh reported in : 2008(1)chn559 are the division bench decisions of this court which were relied upon for the same effect, reliance was also placed on the decisions in 1994 supp (1) scc 145, mohammed anis v. union of ..... good extent by subsequent decisions. one may profitably refer to the decision in state bank of india v. s.n. goyal reported in 2008 air scw 4355 wherein it has been held that in writ proceedings, the high court can call for the record of the case, examine the same and pass appropriate orders after giving an opportunity to the state/ the .....

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Dec 19 2008 (HC)

People for Elemination of Stray Troubles by Its Convener Dr. Rosario M ...

Court : Mumbai

Decided on : Dec-19-2008

Reported in : 2009(1)BomCR501

..... and that the mcgm has began disbursement to the ngo's for the first time only in 2007-2008 pursuant to the orders/directions made by this court. referring to the application under the right to information act made by one prerna vaswani, the learned senior counsel mr. chinoy has submitted that it has been ..... catch such dogs, suspected to be rabid.(2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward.(3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e.(i) a veterinary surgeon appointed by ..... catch such dogs, suspected to be rabid.(2) the caught dog would then be taken to the pound where it would be isolated in an isolation ward.(3) the suspected rabid dog would then be subjected to inspection by a panel of two persons i.e. (i) a veterinary surgeon appointed by the ..... state legislature under concurrent list iii of seventh schedule to the constitution of india. the above legal position has been clearly enunciated by the hon'ble supreme court in the case of bar council of india v. board of management dayanand college : air2007sc1342 .137. another important aspect to be noted is that ..... regard to the matter covered in the proposal. in support of this contention mr. vahanvati, the learned solicitor general has referred to the constitution bench of the apex court in the case of kaiser-i-hind pvt. ltd. and anr. v. national textile corporation (maharashtra north) ltd. and ors. : [2002]supp2scr555 , wherein .....

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May 08 2008 (HC)

Maqbool Fida HusaIn Vs. Raj Kumar Pandey

Court : Delhi

Decided on : May-08-2008

Reported in : 2008CriLJ4107

..... that any particular case or appeal be transferred from high court to another high court or from a criminal court subordinate to one high court to another criminal court of equal or superior jurisdiction subordinate to another high court.(2) the supreme court may act under this section only on the application of the attorney ..... argue the matter for the respondents in crl. rev. p. 114/2007 and crl. rev. p. 280/2007, thus this court vide order dated 20-03-2008 closed the right of the said respondents to advance any further submissions. however, the gpa holder of the respondent in crl. rev. ..... the position of law on obscenity and summarized the various tests laid down of obscenity. 43. recently, in vinay mohan v. delhi administration 2008 ii ad (delhi) 315, pradeep nandrajog j. while dismissing the petition against framing of charge held that it is a recognised principle of law ..... interest in protecting children from exposure to harmful material was held not to justify 'an unnecessarily broad suppression of speech addressed to adults'. the court observed that the undefined terms 'patently offensive' and 'indecent' were wide enough to cover large amounts of non-pornographic material with serious educational ..... p. 280/2007 entered appearance on 31-03-2008 and requested to make further submissions in that behalf which was permitted. 8. india has embraced different eras and civilizations which have given her .....

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Sep 19 2008 (HC)

Hemant Jalan and anr. Vs. Om Prakash Jalan and 3 ors.

Court : Andhra Pradesh

Decided on : Sep-19-2008

Reported in : 2010(1)ALT297

..... similarly in maharashtra industrial development corporation ltd. v. govardhani construction co. appeal no.903/2006 in arbitration petition no. 159/2006 dt.27-02-2008 the bombay high court refused to interfere with the award passed by the arbitrator except reducing interest and fixed at 9% as against 18% awarded by the arbitrator for ..... only that part of the arbitral award which contains decisions on matters not submitted to arbitration. sub-section (4) of section 34 of the act further authorizes the court where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order ..... period and for the period for which they claimed are entitled to.39. sub-section (2)(iv) of section 34 of the act, referred to above, authorizes the court to set aside the award dealt with a dispute not contemplated by or not falling within the terms of the submission to arbitration, ..... award shall be enforced under the code of civil procedure, 1908 in the same manner as if it were a decree of the court under section 36 of the act.26. what is manifest from the above provisions is that an arbitral award is not open to challenge on the ground that the ..... kavaerner consruction india limited 2000 ar.w.l.j. 416 (bom) held that where the petitioner while objecting to the award under section 30 of the act of 1940, accepted benefit thereunder which accrued because of the award, has acquiesced to the award and as such, precluded from impugning the same.50. in .....

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Dec 19 2008 (HC)

Reckitt and Benckiser (India) Ltd. and anr. Vs. the State of Andhra Pr ...

Court : Andhra Pradesh

Decided on : Dec-19-2008

Reported in : 2009(2)ALT562; 2009CriLJ2346

..... or otherwise of the allegations made in the fir or the complaint. it has been held that the extraordinary or inherent powers did not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.7. in zandu pharmaceutical works ltd. v. mohd.sharaful haque : 2005crilj92 on which reliance is placed by petitioner, the case arose out of ..... criminal case is made out. it is also axiomatic that while exercising power under section 482 cr.p.c. or article 227, the high court does not act as an appellate authority or inquisitorial/ investigatory authority. high court cannot even give directions to the police to initiate criminal action and/or investigate the case in particular manner (see divine retreat centre v. state ..... for contravention of rule 2(ii) of condition in form-20b read with section 18(a)(iv) of the act, punishable under section 27(d) of the act. this court having regard to entry/item no. 12 of schedule 'k' quashed the proceedings in c.c. no. 473 of 2003 observing as under.14. the certificate issued by the drugs ..... sample portion of the drug requesting to furnish information and attested documents under section 18b of the act. the documents were allegedly not furnished to the complainant and therefore, a complaint was filed in the criminal court on 05.05.2002. according to petitioner, criminal court took allegedly cognizance of the offence on 23.08.2004 under section 18(a)(i) read with .....

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May 30 2008 (HC)

Punjab Beverages Pvt. Ltd. Vs. G.T. Agencies

Court : Punjab and Haryana

Decided on : May-30-2008

Reported in : (2008)151PLR496

..... herein filed an application for framing an additional issue regarding the competency of a person filing the application under section 5 of the limitation act. the court, after receiving reply to this application, viewed that issue about the locus of ajit singh son of late shri daljit singh to file the ..... would be a ground for equitable relief.26. it may be observed, as stated by hon'ble supreme court, that the law in india is not different. section 44 of the evidence act enables a party otherwise bound by previous adjudication to show that it was not final or binding because it ..... record of civil appeal and that of a suit and dispose of the application under section 5 of the limitation act on the basis of documents available before the trial court on record. it is in this context that debate about the scope of article 227 ensued when mr. chandhiok pleaded ..... fraud which is extrinsic or collateral. it would thus vitiate the most solemn proceedings of courts of justice. it is an universally acceptable and sufficient reason to vacate such a judgment obtained by fraud. by act of this fraud practised by respondent, the petitioner was prevented from having a fair trial ..... . i would accordingly allow this revision petition and would set-aside the impugned order, whereby the lower appellate court, has framed issue to decide the application under section 5 of the limitation act. while allowing this revision petition, the delay in filing the appeal would stand condoned with direction to the .....

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Apr 25 2008 (HC)

Subhamoy Singha Roy Vs. Jadavpur University and ors.

Court : Kolkata

Decided on : Apr-25-2008

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 .....

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Mar 26 2008 (HC)

Sardara Singh and ors. Vs. the Financial Commissioner and ors.

Court : Punjab and Haryana

Decided on : Mar-26-2008

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 : [1982]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 .....

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Jun 30 2008 (HC)

Kifayat HussaIn Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jun-30-2008

Reported in : RLW2008(4)Raj3695

..... inadequacy of facilities available at sms, and regarding incorrectness of the report of sms lead to serious disputed question of facts; and ordinarily this court would not have entered into such questions in the writ jurisdiction; however, the petitioner has maintained in his rejoinder that such questions could be decided ..... . thus, it was found that he required immediate treatment though it was mentioned that such treatment was available in sms hospital at jaipur. this court found the petitioner entitled to medical reimbursement if his treatment elsewhere was necessitated on account of circumstances beyond his control. however, the division bench observed ..... learned counsel for the petitioner referred to the fact situation of the case and submitted that the petitioner had to go to escorts in the act of self-preservation when the facilities at sms were not found satisfactory. according to the learned counsel, when neither angiography was proper nor its ..... the petitioner instead of waiting in queue and spending time in seeking a clarification from a local hospital has decided to act with promptitude in the interest of self preservation by taking his wife immediately to an institute approved by the state govt.23. similarly, the ..... the diagnosis and the availability of facilities at sms. of course, the petitioner cannot be denied his choice in the act of self preservation to have himself treated by the doctors and by institute he would prefer but then, as pointed out by the hon'ble .....

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