Court : Chennai
Decided on : Mar-13-2009
Reported in : (2009)6MLJ289
..... by the state that the petitioners were not entitled to consequential benefits in view of legislative provision and overriding effect under section 11 of the act. the court, however, negatived the contention. it observed that it is open to a competent legislature to remove a defect in a legislation. such enactment ..... v. arooran sugars limited reported in : air1997sc1815 held as follows:para 16. the scope of a non obstante clause and of validating act has been examined by this court from time to time. reference in this connection be made to the judgment in the case of shri prithvi cotton mills ltd. v. ..... with the aid of legislative power by making a provision which, in substance and in reality, overrides and overrules a decision rendered by a competent court. such process virtually renders a judicial decision ineffective by indirectly exercising appellate power over a judicial forum which is impermissible....22. mr. a.sivaji, ..... till date, no steps were taken to get the petition ordered by this court.8. while one set of writ petitions came up for hearing on 04.11.2008, w.p. no. 4083 of 1999 came up on 19.12.2008. since in all the writ petitions, identical contentions have been raised, they ..... were heard together and a common order is being passed.9. when orders were passed by the authorised officer, the said matter came up for consideration in a revision petition before this court. the decision in .....Tag this Judgment!
Court : Chennai
Decided on : Jul-09-2009
Reported in : (2009)6MLJ321
..... plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act or make such other order for the purpose of staying and preventing...or dispossession of the plaintiff or otherwise ..... can and must vindicate their claims before the independent and legitimate judiciary created there since the independence of 1947.the confidence reposed in the indian courts by an american judge can be reinforced only by the dismissal of these applications.31. the learned senior counsel except by reiterating the protest ..... by way of damages. the third condition also is that 'the balance of convenience' must be in favour of the granting injunction. the court while granting or refusing to grant injunction should exercise sound judicial discretion to find the amount of substantial mischief or injury which is likely to ..... or an organization is threatened from its very existence or their right to carry on business is curtailed, neither the state authorities nor the court will rush to prevent such actions through preventive orders or impose prior restrains.28. even multi national companies such as the plaintiff are allowed ..... so.14. the learned senior counsel also placed reliance upon the judgment of the madhya pradesh high court in dr. p.g. najpande v. state of madhya pradesh and ors. reported in : air 2008 madhya pradesh 55, to state that in the name of demonstration or protestation, the life in .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-16-2009
Reported in : (2009)3GLR1982
..... for rejecting the prosecution version in toto.39.2. again in the matter of dalbir singh v. state of haryana as reported in : 2008 (11) scc 425, the apex court in paras 12 and 13 observed as under:12. it is emphatically urged that the evidence is partisan, lacks cogency and credibility. acquittal of ..... another, handwriting of the former and the signature of the later have both to be proved in view of section 67 of the evidence act. a decision of this court in the case of jamla harisinh meda v. state of gujarat reported at 1999 (1) glr 584 has been relied upon.38.2. ..... herein, even the law permits to rely upon the retracted confession. in the matter of union of india v. satrohan as reported in 2008 (3) scc (cri.) 620, the apex court observed in para 16 that the confessional statement which was not retracted for considerable long time, could be relied upon. hence, so far ..... its full effect. (see u.co. bank and anr. v. rajinder lal capoor : 2008 (6) scale 1).107. section 53a of the act makes such a statement relevant for the purposes of the said act. the observations of the high court, thus, confession can be the sole basis of conviction in view of section 108 of ..... these persons were taken away by n.c.b., the relatives and the neighbours had gathered which also included shahpur ward municipal corporator raju momin, professor abdul rahim, judge mr. mohasin shaikh of labour court, social worker chandmiya and they had insisted on not taking these persons with them. he also denied the suggestion .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-30-2009
Reported in : AIR2009NOC2988(F.B)(P&H)
..... qualifying period, (b) is a sikh of not less than twenty-one years of age on qualifying date, shall, be entitled to be registered in the electoral roll for that ward: provided that no person shall be registered as an elector who- (a) trims or shaves his beard or keshas; (b) smokes; (c) takes alcoholic drinks. explanation.-for the purpose of ..... the shiromani gurdwara prabhandhak committee in response to the query raised by this hon'ble court in its order dated 29.9.2008, is as under: -- (i) the definitions of various words and phrases, used in the sikh gurdwara act , 1925 are provided in section 2 of the said act. these definitions are relevant for the purpose of the interpretation of the substantive provisions ..... of such "gurdwaras". the primary difference being the territorial jurisdiction of the two enactments. insofar as, the gurdwara act of 1925 is concerned, the same has jurisdiction over territories comprising the erstwhile state of punjab and pepsu (prior to 1.11.1956). the territorial jurisdiction of the gurdwara act of 1971, is limited to delhi, as is apparent from the title of the ..... act itself. 51. the limited examination of the instant statutory enactment at our hands, is to determine the sanctity of .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-18-2009
..... truck did not contest the proceeding but the appellant, the new india assurance company ltd., contested the proceeding with the leave of the court under section 170 of the act and filed the written statement denying the material allegations made in the application for compensation. according to the insurance company, there was ..... death of a passenger occurred due to explosion of a bomb within a bus but no precautionary measure was taken. in such circumstances, the supreme court was of the view that the claimants were entitled to get compensation as negligence of the respondent in not taking adequate measures for the safety of ..... another decision relied upon by mr. mondal, the accident relating to death occurred due to overturning of a bus. in such a situation, the apex court was of the opinion that in the absence of the explanation by the driver as regards the cause of overturning, the doctrine of res ipsa loquitur was ..... offending vehicle but for whom the accident would not occur. moreover, the requirements of application of the aforesaid principles as indicated by the apex court are absent because the cause of accident is the overtaking of the stationary truck by the maruti van and the negligence on the part of ..... the learned tribunal below was totally wrong in applying the said principle to the facts of the present case.25. as pointed out by the supreme court in the case of syad akbar v. state of karnataka reported in : air 1979 sc 1848, the principles of res ipsa loquitur can be made .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-09-2009
Reported in : (2009)156PLR489
..... commented on by us.34. we accordingly hold that notwithstanding the plain and literal meaning of sub-section  of section 3 of the 1971 act, every court while exercising its parens-patriae jurisdiction is competent to act or appoint guardian ad-litem of a mentally retarded major pregnant woman for the purpose of deciding the retention or termination of her pregnancy in ..... status' of the victim. the board met the victim, spent some time with her and submitted an evaluation report which reads as follows:ms._____[name withheld] was assessed in ward, where she was sitting up in her bed. she did not wish the committee members but smiled tentatively in response and told her name as '______'. she was dressed neatly ..... by the learned amicus-curiae.26. we now proceed to examine the medical evidence on record recommending termination of pregnancy of the victim, the approval whereof is sought from this court. the director-principal, government medical college and hospital, sector 32, chandigarh, vide his order dated 25th may, 2009 constituted a board consisting of an assistant professor, department of psychiatry, clinical ..... in charan lal sahu v union of india, : air1990sc1480 and neel rattan kundu and anr. v abhijit kundu, : (2008)9scc413 , shri gupta urged that while appointing a guardian the courts in india have consistently exercised the parens-patriae jurisdiction and, therefore, in the peculiar facts and circumstances of this case, where the victim is in the custody of the petitioner .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-04-2009
Reported in : 2009CriLJ3747; RLW2009(4)Raj3399
..... an express provision in a statute governing a particular subject matter there is no scope for invoking or exercising the inherent powers of the court because the court ought to apply the provisions of the statute which are advised to govern the particular subject matter. from this it will be clear that ..... ravi shankar srivastava, ias : (2006) 7 scc 188 : 2006 cri lj 4050; and (v) central bureau of investigation v. k.m. sharan : (2008) 4 scc 471 : 2008 cri lj 2027.5. while advancing the arguments further, the learned counsel for the respondent has submitted that there has been reasons why the inherent powers were given ..... . state of gujarat : (2007) 6 scc 156 : air 2007 sc 2522; (vii) b. suresh yadav v. sharifa bee : (2007) 13 scc 107 : 2008 cri lj 431.3. on the other hand, the learned counsel for the complainant respondent no. 2 has contended that in view of the fact that against the, impugned ..... verbatim to section 482 of the new code, held as under:the inherent jurisdiction of the court, which receives recognition in section . 561-a, criminal p.c. cannot be invoked for the purpose of doing an act which would conflict with any of the provisions of the law or the general principles of criminal ..... to the high court and for that purpose, he has placed reliance on the cases in ; (i) mary angel v. state of t.n. .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-05-2009
Reported in : RLW2009(2)Raj1460; 2009(1)WLN116
..... an interlocutory order. the revision can very well be maintained before the learned sessions judge as held by this court in natwarlal v. state reported in 2008(1) crlr (raj) 617.22. this court could have exercised the power under section 482 of the code, had there been a case from the ..... proceedings of trial is termed as final order. rest are said to be interlocutory orders. this view has been reiterated by the hon'ble supreme court in amamath v. state of haryana reported in : 1977crilj1891 in the following terms:.it is difficult to hold that the impugned order summoning the ..... according to the learned counsel, if the investigation is unfair or cognizance has been taken in disregard to the established principles of law, this court in exercise of its inherent powers, can quash the proceedings, even though the party has not preferred to choose the remedy of revision available ..... deposited and on the contrary, he purchased valuable cars from the foreign company in the name of tourism and thereby alleged to have committed an act of cheating. these allegations cannot be termed as purely of civil nature, but is an offence under section 420 ipc.25. in misc. petition ..... the learned magistrate has taken cognizance against the petitioner. hence this misc. petition.4. in criminal misc. petition no. 41/2008, a complaint under section 29(1) of the insecticides act, 1968 was filed by the assistant director of agriculture (extension) & insecticides inspector, hanumangarh junction, on 17.3.2006 alleging .....Tag this Judgment!
Court : Orissa
Decided on : Feb-03-2009
Reported in : 2009CriLJ2585
..... genuineness or otherwise of allegations made in the fir or complaint and the extraordinary and inherent powers of court do not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. however, the court, under its inherent powers, can neither intervene at an uncalled for stage nor it can 'soft- ..... rare exceptional case, but where the allegations on the face of the complaint do not constitute an offence, criminal proceedings may be unhesitantly quashed. the court held as follows:exercise of jurisdiction under the inherent power as envisaged in section 482 of the code to have the complaint or the charge-sheet ..... disclosing the offence.(emphasis added)19. in sarjudas v. state of gujarat : 1999 (8) scc 508 : 2000 cri lj 509 the hon'ble supreme court held that there must be cogent evidence of mala fides or malicious intention of the informant or the complainant for taking note of the allegations of mala fide ..... . anil kumar agarwal : (2007)7 scc 373 : 2007 cri lj 3735; didigam bikshapathi v. state of andhra pradesh : (2008) 2 scc 403 : 2008 cri lj 724 and sunita jain v. pawan kumar jain : (2008)2 scc 705.8. in pepsi foods ltd. v. special judicial magistrate : air 1998 sc 128 : 1998 cri lj 1 ..... a similar issue was considered and the hon'ble apex court held that the criminal law cannot be set into motion as a matter .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Dec-09-2009
..... arose the narrow issue of the interpretation of the relevant provisions of the 1991 act. at first instance, in a judgment delivered on 1 august 2008, wyn williams j found in favour of welsh water  ewhc 1936 (qb). his decision was reversed by the court of appeal on 28 november 2008  ewca civ 1552. barratts then proceeded to connect the development's sewer to ..... or undertaker can refuse to agree to the developer's proposals. there is no material difference between the 1936 and 1991 acts for this purpose. the 1936 act provided that disputes between developers and authorities should go to a magistrates' court. the 1991 act provides that a developer who argues that an authority's refusal is unreasonable can take the dispute to ofwat, which ..... vicinity of their development as the connection point. it is, i believe, significant that, in nearly a century and a half since the 1875 act was passed, this is the first occasion upon which the english court has been required to resolve a dispute between property owner and sewerage undertaker as to the point of connection of a private sewer or drain ..... inappropriate point could include pollution and risk to health, thereby infringing articles 2, 3 or 8 of the european convention on human rights. the court was bound, if possible, so to interpret section 106 of the 1991 act as to avoid these consequences see marsleasing sa v la comercial internacional de alimentacion sa (case c-106/89)  ecr 1-4135 and .....Tag this Judgment!