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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Year: 2009 Page 1 of about 43 results (0.060 seconds)

Jan 16 2009 (HC)

Mohan Kumar Rayana Vs. Komal Mohan Rayana

Court : Mumbai

Decided on : Jan-16-2009

Reported in : 2009(3)BomCR308; 2009(111)BomLR979; 2009(2)MhLj868

..... that was cited before us was in (srimati) kamini mayi debi v. bhusan chandra ghose air 1926 cal 1193. the provisions of section 19 of guardians and wards act were under consideration before the court. it was observed that what is meant by section 19 is that where the father of the minor is living and is not incompetent to be the guardian ..... 's over all development.10.12. in nil ratan kundu v. abhijit kundu (civil appeal no. 4960 of 2008, decided on 8th august 2008), the supreme court after considering english law, american law and indian law so also the various other judgments of the supreme court, in paragraph 56 thereof held thus:56. in our judgment, the law relating to custody of a child ..... and above physical comforts, moral and ethical values cannot be ignored. they are equally, or we may say, even more important, essential and indispensable considerations.10.13 recently, the supreme court in gaurav nagpal v. sumedha nagpal jt 2008 (12) sc 115, had an occasion to deal with a situation where the father had flouted orders of the ..... court and managed custody to the point that contempt proceedings were initiated against him. the supreme court held that he cannot be beneficiary of his own wrong and thus confirmed the order passed by the high court granting custody to the .....

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Jun 08 2009 (HC)

K.H.V. Prasad and ors. Vs. Govt. of Andhra Pradesh Rep. by Its Princip ...

Court : Andhra Pradesh

Decided on : Jun-08-2009

Reported in : 2009(4)ALT71

..... . learned counsel for the petitioner, mr. s. ramachandra rao, submitted the following points for consideration and relied upon several decisions of the supreme court.1. sections 452-a, 455-a and 455-aa introduced by act 9 of 2008 enable regularization of structures which are in violation of floor area or which are constructed without sanctioned plan or which are in deviation of ..... tribunals within the respective jurisdiction are held to be subject to judicial superintendence of the high court and the supreme court.wp. no. 7542 of 2008 & wp. no. 4409 of 2006:31. in these writ petitions neither ap act 9 of 2008 nor no. 901 is questioned and as such these writ petitions are deleted from this batch to be heard separately ..... sc 628 as well as in later decision in satyawati sharma v. union of india : 2008 (7) scj 890 : (2008) 5 scc 287. in the last of the decisions referred to above the supreme court had occasion to consider section 14(1)(e) of the delhi rent control act, 1958 making distinction between premises let for residential and non-residential purposes by restricting landlord ..... from the order of this court dated 27.07.2006 extracted above.15. based on the above recommendations, steps were taken by the government to amend hmc act, ap municipalities act, ap municipal corporations act and ap urban areas (development) act including amendment to the schedule u and v of hmc act and urban areas (development) act and consequently ap act 9 of 2008 was enacted.16. in the .....

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May 08 2009 (HC)

State Vs. Raj Kumar Khandelwal

Court : Delhi

Decided on : May-08-2009

Reported in : 164(2009)DLT713

..... , the evidence on record was that the accused had rushed his wife to the hospital when he saw her vomiting. the reasoning of the trial court and the high court that the act of rushing the wife to the hospital was 'merely to cloak his guilt' was held to be 'a perverse view of the matter'. it is ..... scc467 : [1994] 1 scr 559machhi singh v. state of punjab[1983] 3 scc 470-------------------------------------------------------------------------------5. probability of the offender'srehabilitation, reformationand readaptation in miller [2008] ewhc 719 (qb) :[2008] all er (d) 357 (apr)-------------------------------------------------------------------------------2. pre-offence conduct of the offender- in particular the motive of the offence-------------------------------------------------------------------------------sr. mitigating factors aggravating factorsno.-------------------------------------------------------------------------------1. a ..... re butters' [2006] ewhc 1555 holiram bordoloi v. state of(qb) : [2006] all er (d) 128 (jul) assam air 2005 sc 2059in re rock [2008] ewhc 92 (qb) :[2008] all er (d) 290 (feb)-------------------------------------------------------------------------------5. role of the victim in commission of the crime-------------------------------------------------------------------------------sr. mitigating factors aggravating factorsno.-------------------------------------------------------------------------------1. that the victim provoked or that .....

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Jul 22 2009 (HC)

Mrs. Mangala W/O Sharad Mutha and ors. Vs. the State of Maharashtra Th ...

Court : Mumbai

Decided on : Jul-22-2009

Reported in : 2009(111)BomLR3186

..... functuous officio and refused to issue the order or clarify and refer the proceeding to the collector. it was observed that it was duty of the civil court to see that the collector had acted in accordance with the decree holders mandate. the relevant portion of para 18 of the said judgment is reproduced below:18. perusal of the impugned order passed ..... held that he became functuous officio and refused to issue order or clarify and refer the proceeding to the collector. it was further observed that the civil court can see, if the collector had acted in accordance with the decree holders mandate. it was further observed that the collector was required to execute decree by adjusting equities, to the extent of they ..... the orders which were impugned in the writ petition, it is clear that neither the collector, nor the civil court has dealt with any of the objections raised by present appellants/objectors. they have acted in complete ignorance of the directions given by this court on three occasions, which are reproduced earlier. the appellants are being put to run from piller to post ..... .01.2008.2. the facts in detail giving rise to the instant appeal are as under:one maheboob zarekari was the owner of survey nos. 46/2, 47/6, 48/6, 53/1b, 133/3, 52/1, 52/2, 131, 50/4 situated at chahurna (bk), taluka and district ahmednagar and the house property bearing no. 5106 city survey no. 4097 ward no .....

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Jan 05 2009 (HC)

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

Court : Mumbai

Decided on : Jan-05-2009

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

..... in paragraph 28 and 29 of the reported judgment letters written by government of india purported to the under section 12 (3) of 1971 act are reproduced and in paragraph 30, hon apex court has given reasons for holding it not to be a binding decision in terms of section 12 (3). in paragraph 34 of this judgment, ..... yavatmal is made in w. p. 3430/2007 and in it in paragraph 12 same statement has been made about the source of land. w. p. 2604/2008 is about lands in nagpur in paragraph 12 again general statement on same lines has been made. annexture i with this writ petition shows that lands have come ..... dated 30/11/2007 by addl. collector, nagpur in further rev. appeal 114/mrc--81/2006-07(of pipti, kandri, tekadi & gondegaon) and order dated 2/4/2008 in appeal no. 1/mrc-81/2007-08 by the additional commissioner, nagpur division. as the bone of contention between parties is competence of state government to recover non- ..... ukani) and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 (of kolera) by the additional commissioner, amravati division. in w. p. 2604/2008 challenge is to demand notices dated 21/12/2001, 15/2/2006, 17/2/2006, 16/3/2006 by tahasildar, parseoni (district nagpur). it also challenges order dated ..... 70/2/2004-05 and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 by the additional commissioner, amravati division. in w. p. 19/2008 challenge is to demand notices dated 16/1/2001,18/1/2001,30/1/2001, 1/2/2001, 5/2/2001 & 1/3/2001 by tahsildar, wani (district .....

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May 01 2009 (HC)

Kommisetty Nammalwar and Co. Rep. by Its Proprietor Kommisetty Nammalw ...

Court : Andhra Pradesh

Decided on : May-01-2009

Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).

..... also settled that where the language of the legislature admits of two constructions and if constructions in one way would lead to obvious injustice, the courts act upon the view that such a result could not have been intended, unless the intention had been manifested in express words. out of the ..... of income tax v. lakshmi machine works (2007) 11 scc 126 and k.p. mohammed salim v. commissioner of income tax : (2008) 11 scc 573, supreme court held that a statute or any enacting provision therein must be so construed as to make it effective and operative on principle expressed in the ..... enumerated items of agricultural produce within the sweep of the legislature is not a principle of interpretation of the statute and the court cannot strike down the act on its basis.the inclusive definition in section 2(1)(a) under the caption animal husbandry products, cattle has been specified as ..... the establishment of market area and facilities and conveniences not available on the date of notification under the maharashtra agricultural produce marketing (regulation) act, 1964, the apex court observed at paragraph no. 15 as follows;it was also said that neither the gultekdi market nor the turbhe market had any convenience ..... in b.s. council of ayurvedic and unani medicine v. state of bihar : air 2008 s.c. 595 the apex court at para-24 held:in our opinion, where the legislature has used words in an act which if generally construed, must lead to palpable injustice and consequences revolting to the mind .....

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Mar 31 2009 (HC)

Mspl Limited, Rep by Its Executive Director. Vs. the State of Karnatak ...

Court : Karnataka

Decided on : Mar-31-2009

Reported in : 2009(1)KCCR5(SN)

..... nor even the need for conserving rare plant species and animal species in existence in the notified areas. in fact the affidavit placed before the court on 11-1-2008, the affidavit of the present commissioner and director of mines and geology, department of mines and geology sri k.s prabhakara, while does ..... state government as to whether it is a fair and non-arbitrary action and as to whether it is in consonance with the act and the rules, nevertheless, this court cannot help but to observe that the applications of the aspirants for grant of mining leases having not been treated in a fair ..... upon the state government to exhibit due awareness of this fact and to take into consideration all the requisite aspects from the context of the conservation acts, protection acts and then to embark upon the issue of notification. it is also necessary on the part of the state government to weigh the competing interest ..... regulate non-forest activities in forest areas and to conserve forests by declaring them as reserved and such is the avowed object in the state act, forest [conservation] act, 1980 seeks to provide a better safeguard for the retention and protection of the forest and to minimize the scope for diversion of forest ..... that in the exercise of this power and jurisdiction, as to the manner in which the judge is expected to act.103. the present writ petition is a matter before this court and which is being heard for a considerable length of time. an order that that is required to be passed .....

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Jul 20 2009 (HC)

Sanjeev Nanda Vs. the State

Court : Delhi

Decided on : Jul-20-2009

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 .....

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Jul 31 2009 (HC)

Footpath Khyudra Byabasai Sangha Vs. State of Orissa and ors.

Court : Orissa

Decided on : Jul-31-2009

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 .....

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May 15 2009 (HC)

Satish Chandra Agarwal Vs. Hariraj Saran Agarwal and ors.

Court : Allahabad

Decided on : May-15-2009

Reported in : 2009(4)AWC4128

..... (1996) 5 scc 353.18. in joginder pal v. naval kishore behal : (2002) 5 scc 397, the apex court with a reference to the provisions of east punjab urban rent restriction act, on the question of bona fide need, after surveying its earlier pronouncement, has held that the requirement of a major son and ..... measuring 103.94 sq. mtrs. at radha krishna market has been purchased by the tenant respondent by means of a sale deed dated 19.5.2008 from its owner dr. atul mehrotra. in reply, the respondent has stated that it is only in the form of an open piece of land ..... space for workshop. according to the landlord since the shops as then existed, did not fulfil his requirement, he did not occupy them and the courts below were not justified to treat these shops as an alternative accommodation. the said argument, looking to the nature of the need as disclosed in the ..... landlord submits that the said accommodation is not suitable for his godown purposes for which the release was sought. a suggestion was given by the court that the said accommodation may be given to the respondent-tenant in exchange of the disputed accommodation.the parties may obtain necessary instructions in this regard ..... petitioner landlord needs additional accommodation to run his business. had it been not so, no prudent person would have taken a shop on rent. the courts below were, therefore, not justified in drawing an adverse inference regarding the concealment and non-disclosure of the said shop in the release application. a .....

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