Court : Mumbai
Decided on : Apr-29-1986
Reported in : 1986(2)BomCR603; (1986)88BOMLR219; 1986MhLJ540
..... the court feels that it would, sitting as a trial judge, have taken the other view of convicting the accused instead of acquitting him. (see labh singh v. state of punjab : 1976crilj21 ; muluwa v. state of m.p. : 1976crilj717 ; j. h. bharucha v. state of maharashtra air 1977 sc 1213 : (1977 cri lj 969); dinanath singh v. state of bihar, : 1980crilj921a ..... the trial judge. for that, reliance was placed mainly on two decisions of the supreme court reported in the cases of ramesh chandra v. a. p. jhaveri : 1973crilj201 , and delhi municipality v. girdharilal sapuru : air1981sc1169 .4. reading of those two judgments does not indicate that such a course is permissible. the latter judgment (delhi ..... municipality v. girdharilal sapuru : air1981sc1169 dealt with the case of an order of the discharge, while the 1973 judgment (ramesh chandra v. a. p. jhaveri : 1973crilj201 dealt with the case where .....Tag this Judgment!
Court : Orissa
Decided on : Dec-10-1986
Reported in : 1987CriLJ2025
..... the specimen impression received separately as is the mandate under r. 7(1) of the rules. in air 1968 mys 196: (1968 cri lj952) (belgaum borough municipality v. shridhar shankar kundri) and 1971 cri lj 129 (pat) (daitari mehto v. state), the division benches of the mysore high court and the patna high ..... the facts of the case before the institution of complaint arises. but it has to be remembered that the pointed question before their lordships was whether the municipal board could be regarded as the complainant for the purpose of section 471(3) of the cr. p. c. that apart, the earlier decision ..... not at all arise. in (1973) 1 cut wr 48: 1973 fac 57, (sanatan sahu v. the puri municipality) this court held that the written consent required under section 20 of the act is not an empty formality. it should indicate that the authority or the person giving the written consent was himself satisfied ..... the first part is concerned, which relates to the sending of the memorandum separately, there can be no doubt that it is of a mandatory character.the punjab and haryana high court in two decisions reported in (1982) 1 fac 8 (gian chand v. state of haryana) and (1982) 1 fac 292 (guranditta ..... consent does not, in our opinion, follow.in a later decision reported in : 1970crilj492 (dhian singh v. municipal board, saharanpur), it was held as follows :under section 20 of the prevention of food adulteration act, 1954, no question of applying one's mind to the facts of the case before the institution of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-23-1986
Reported in : AIR1986AP332
..... are bound to obey it. a violatin may even result in taking disciplinary action. secondly in the absence of any stututory power under local acts, the government cannot issue such directive to the municipal corporations and other public corporations, panchayat samithes and gram panchayats which are local authorities. the circular is quite destructive of the corporate status of ..... by the government and we can fairly assume that if this g. o., is implemented effectively the result would be that the entire government departments, companies, corporations, municipal authorities, panchayat samities and gram panchayats shall not purchase the other light commercial vehicles except the product of the 2nd respondent. that is the first part of the offending ..... cabstar' in the follwing terms as set out in paras, 4 to 6 of the said g. o. 'government hereby accordingly direct that all the government departments/companies/corporations/municipal corporations, panchayat samities and gram panchayats shall in future meet their purchase requirements of ligh commercial vehicles only by purchase of 'cabstar' from m/s. allwyn nissan limited. such ..... impugned order can be challenged by the petitioners. we take up first two contentions of the counsel to gether. in thewell known textbooks cae ram jawaya v. state of punjab, : 2scr225 mukherjea, chief justice held that the specific legislation may indeed be necessary if the government require certain powers in addition to what they possess under ordinary .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-05-1986
Reported in : AIR1986SC2105; (1986)88BOMLR565; 60CompCas943(SC); (1986)57CTR(SC)100; 161ITR835(SC); 1986(2)SCALE258; (1986)4SCC31; 3SCR458; 63STC361(SC); 1986(2)U
..... mahabir jute mills v. shibbon lal : (1975)iillj326sc . the same view was also reiterated in siemen engineering & manufacturing co. v. union of india : air1976sc1785 and bachhan singh v. state of punjab : air1980sc1355 and it was observed that where an authority made an order in exercise of a quasi-judicial function it must record its reasons in support of the order it ..... one of the nominees in the enquiry committee was the headmaster of the institute who was the original complainant against the petitioner and therefore he was nominated by management to act as a judge of his own cause. it was also submitted that the high court of bombay did not at all consider and decide both the writ petitions i.e .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-01-1986
Reported in : AIR1987SC537; 1986(1)SCALE1077; (1986)2SCC679; 2SCR17; 1986(2)SLJ1(SC)
..... 16(4) can be made not merely in respect of initial recruitment but also in respect of posts to which promotions are to be made : (see, for instance : state of punjab v. hiralal and ors. : 3scr267 and akhil bharatiya soshit karamchari sangh (railway) v. union of india and ors. : (1981)illj209sc .25. the question which now falls to be considered ..... with respect to the scope and applicability of an item in schedule i to the imports (control) order, 1955, made under section 3(1) of the imports and exports (control) act, 1947, and the customs authorities have adopted a reasonable view relating thereto which is favourable to the revenue, such finding of the authorities cannot be interfered with by the high ..... , the minister's discretion was not unlimited and if it appeared that the effect of his refusal to appoint a committee of investigation was to frustrate the policy of the act, the court was entitled to interfere by an order of mandamus. in halsbury's laws of england, fourth edition, volume i, paragraph 89, it is stated that the purpose of ..... .14. chapter v of the said manual deals with the sas. paragraph 176 provides that the sas is a central subordinate service under the rule-making control of the president acting in consultation with the comptroller and auditor-general constituted for the subordinate supervision of the working of the indian audit and accounts department. it is divided into several branches. under .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-20-1986
Reported in : 1986(3)BomCR33; 1986MhLJ414
..... same or a similar house in similar circumstances during the twelve months immediately before that date and to the rental value as entered in the municipal or local board assessment registers, as the case may be, relating to that period and shall increase the rent so determined by 121/2 per ..... the same and hence article 14 was not attended. supreme court in this connection recorded approval to the following observations of the full bench of the punjab high court in the case of g.d. soni v. s.n. bhalls .'for these reasons i am of the opinion that the criteria ..... : 1scr74 .3. in the case of prabhakar rokde (supra) short legislative history of the c.p. & berar regulation of letting of accommodation act, 1946 (the act) under which the hrc order is made, has been noticed. it is stated : 'to appreciate this point, it would be necessary first to trace in ..... persons, or in specified circumstances, and (d) for collecting any information or statistics with a view to regulating any of the aforesaid matters.the act has barely nine sections. in exercise of the authority conferred by the above provisions, the central provinces and berar collection of information and letting of ..... point arose as to whether there was any valid justification for continuation of that exemption for years together despite changed conditions. accepting that when the act was brought into force in 1960 exemption to houses constructed 3 years before was valid. it is held :'what may be unobjectionable as a transitional .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-07-1986
Reported in : ILR1986KAR1962; 1986(2)KarLJ313
..... committee in accordance with their orders and interfere with the management and the school can claim protection under article 40(1).49. in d.a.v. college v. state of punjab, 1971 supp. s.c.r. 688 clause 17 of the statute framed by the gurunanak university provided that the staff initially appointed shall be approved by the vice-chancellor ..... who brought the aligarh university into existence and held that the aligarh university was neither established nor administered by a minority community but was established by the aligarh muslim university act, 1920.65. a science college should necessarily have a building, teaching and non-teaching staff, furniture, library, laboratory etc. there cannot be a science college without a building ..... enabled political parties to come into the picture of administration. the minority thereby lost the right to administer and manage the institution it established and the provisions of the act vested the management and administration with the bodies with mandate from the university. these provisions interfered or infringed with the right to administer or manage an institution established by ..... amounted to appropriation of the schools and amount to surrender of the right to manage under article 40(1).47. in proost case11 section 48-a of the bihar university act which provided inter-alia that appointments, dismissals, removals, termination of service, by the governing body of the college were to be made on the recommendation of the university service .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-1986
Reported in : 167ITR49(Delhi); 34TAXMAN305(Delhi)
..... rameshwar dass chottey lal v. union of india, 2nd  delhi 1196, accepted the appeal and set aside the conviction and the sentence. the municipal corporation of delhi came up in appeal after obtaining the special leave of this court. the appeal came up for hearing before a division bench. the ..... of the previous year of every person. a firm is thus an independent assessable unit for the purpose of the act. thereforee, for income-tax law, a firm is a legal entity. (see state of punjab v. jullundur vegetables syndicate : 2scr457 .the firm, though a legal entity for the purpose of income- ..... who is responsible for paying or crediting the interest amount. the breach or contravention of this requirement attracts prosecution and punishment under section 276b of the act.evidence of the complainant, i. d. manchanda, read with the copy or the reply filed by the accused before him during the assessment proceedings, prima ..... corporation of delhi v. j. b. bottling co. pvt. ltd. . it was a case under the prevention of food adulteration act, 1954. under section 16 of the said act, if any person, whether by himself or by any other person on ..... the act, as noticed above, provides a minimum punishment for a term which shall not be less than six months or three months, as the case may be. is the firm still liable to be prosecuted for such an offence similar question was examined by a full bench of this court in municipal .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-05-1986
Reported in : AIR1987Raj83; 1987(1)WLN272
..... was decided and in those circumstances their lordships held that s. 362 will operate as a bar. a reference has then been made to ajit singh v. state of punjab, (1983) 2 crimes 60 : (air 1982 noc 219) (punj & har) (fb) wherein it has been held as under :'it seems to be more ..... of habeas corpus or other appropriate writ.there are indignant critics who charge that by an over-expansive interpretation of article 21, the supreme court is acting as a super-legislature and is dabbling in matters outside its legitimate sphere. these critics forget that it is the proverbial tardiness of legislatures and the ..... habeas corpus was not available even in the case of an order of detention proven to be mala fide. fortunately, after the constitution (forty-fourth) amendment act, which has made article 21 non-suspendable even during an emergency, no court can now deny to any person, at anytime, the full amplitude of article ..... of the legislature may go in vain or be left to evaporate into thin air. where that intent is clearly expressed in the language of the act, there is little difficulty in giving effect to it. but where such intent is covert and couched in language which is imperfect, imprecise and deficient ..... sworn in is unknown to the fair practice and the law concerning swearing in of the affidavits. neither the oath commissioner nor the learned counsel has acted in accordance with law and in fact it amounts to making a false record. however, looking to the extreme youth of the learned counsel and .....Tag this Judgment!
Court : Guwahati
Decided on : Dec-18-1986
..... civil) no. 2782 of 1984 decided on 15th october 1986 and reported in 1986 iv svlr (1) 10, where the petitioner, a driver in punjab roadways, was charge-sheeted for failing to discharge his duties as a driver properly by not plying his bus on his route was found guilty on inquiry ..... evidence on the ground that they disclose total non-application of mind. it was ruled in rasiklal vaghajibhai patel v. ahmedabad municipal corporation 1985 i llj 527 at p. 528 that it is well settled that unless either in the certified standing order or in the service ..... of vindictiveness, intimidation or resorting to unfair labour practice and there must be no infraction of the accepted rules of natural justice. when the act alleged is connected with vital interest of the workman regarding their earnings, the management should not treat it as misconduct. as was ruled in ..... resulting in damage to the employer's property which might be compensated by forfeiture of gratuity or part thereof, and (3) serious misconduct such as acts of violence against the management or other employees or riotous or disorderly behaviour in or near the place of employment, which, though not directly causing ..... 5 dated 19th december 1974, the state of assam referred the dispute to the labour court, dibrugarh under section 10 of the industrial disputes act, hereinafter called 'the act', for adjudication of the following issues:(1) whether the management, tanganagaon tea estate, p.o. doom dooma are justified in dismissing shri .....Tag this Judgment!