Court : Karnataka
Decided on : Apr-30-1986
Reported in : ILR1986KAR3095
..... estoppel expounded by the supreme court in union of india v. indo afghan agencies, air 1968 sc 718; century spinning and manufacturing company limited v. ulhasnagar municipal council, 1973 (3) scr 854; motilal padampat sugar mills company v. the state of uttar pradesh and ors., : 118itr326(sc) and union of ..... of the order drawn up and communicated to a person. on the ratio of this ruling and the ruling of the supreme court in state of punjab v. khemi ram, : 2scr657 on which sri poti placed great reliance, we will assume that sri poti is right in his submission that ..... and orders made in exercise whereof are not liable to be tested for their validity before the lawfully constituted courts. rai sahib ram jawaya kapur v. state of punjab : 2scr225 , jayantilal amritlal shodhan v. v.n. rana, : 5scr294 ; and halsbury's law of england, 3rd edn vol. 7 article ..... on or about 30-10-1984 the petitioner made an application in the prescribed form under section 53 of the karnataka state universities act, 1976 (karnataka act 28 of 1976) ('the act') to the bangalore university ('university') for grant of affiliation to a medical college called 'mahatma gandhi medical college' to he started ..... that the order made by government though referrable to section 53 of the act was still an order made in exercise of its executive powers only.19. in rai sahib ram jawaya kapur and ors. v. the state of punjab, : 2scr225 a constitution bench of the supreme court in examining whether .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-09-1986
Reported in : AIR1987SC294; (1987)89BOMLR65; JT1986(1)SC1071; 1986(2)SCALE977; (1987)1SCC227; 1SCR458; 1987(1)LC88(SC)
..... maharashtra, nilangekar patil, the appellant in the first appeal. the same principles in respect of affidavit evidence were reiterated in different context by this court in tara chand khatri v. municipal corporation of delhi and ors. : (1977)illj331sc . this court reiterated that the high court was not too wrong in dismissing the writ petition in limine in that case because a ..... without issuing notice. dr. singhvi submitted that precisely the same was the position in the instant case.40. reliance was also placed on sukhvinder pal bipan kumar v. state of punjab and ors. : 2scr31 where at page 40 of the report after dealing with the allegations in the writ petition, this court observed that the allegations in the writ petition ..... . after noting the alleged incidents, the chief justice rejected these events and indicated that from the affidavit evidence it could not have been said that the chief minister had committed acts of violence or intimidation and the entire afidavit evidence established beyond any measure of doubt that the allegations of the petitioner in that case imputing mala fides against the chief ..... by pratical examination which was held between 4th november and 9th november, 1985. the university had appointed four paper-setters and examiners in accordance with the necessary provisions of the act, two of which were internal examiners, namely dr. m,y. rawal as mentioned hereinbefore and one dr. s.n. mukherjee from indian navy. there were two external examiners who were .....Tag this Judgment!
Court : Delhi
Decided on : May-21-1986
Reported in : 1986(3)Crimes60; 30(1986)DLT21; 1986(11)DRJ121
..... reference was issued to the respondents. on the very first date of hearing unqualified apologies were tendered on behalf of the two news papers punjab kesari and jansatta. the unqualified apologies are in the form of affidavits of mr. ram babadur roy, chief reporter of 'janiatta' and of mr. ..... interfere in the judiciary.'(3) on publication of the aforesaid news items shri aggarwal filed a petition under section 12 of the contempt of courts act before the addl. district judge. it was stated that the petitioner namely vishambhar dutt sharma having lost the election in the year 1983 has been ..... petition had reached the stage of final arguments. in the issue dated 13-8-1985 of jansatta and 14-8-1985 of punjab kesari, almost similar news items were published. the sum and. substance ..... sheetal, sub-editor of 'punjab kesari'. in both the affidavits it is stated that the deponents while writing news items did not realize that any part of the article could ..... 15 of the contempt of courts act, 1971 has been made by the addl. district judge, delhi to this court for taking appropriate proceedings.(2) shri vishambhar dutt sharma filed an election petition challenging the election of the returned candidate shri jai parkash aggarwal to the municipal corporation of delhi. the election .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-21-1986
Reported in : AIR1987SC522; (1986)57CTR(SC)89; 162ITR888(SC); JT1986(1)SC684; 1986(2)SCALE626; 1986Supp(1)SCC700; 3SCR1072
..... capable of connoting interest less than absolute perfect legal title. see in this connection the observations of this court in raja mohammad amir ahmed khan v. municipal board of sitapur and anr. : air1965sc1923 . this court observed in that case that though the expression 'belonging to' no doubt was capable of denoting ..... 25. on this aspect, it may also be mentioned that our attention was drawn to some decisions which we shall presently note.26. the punjab and haryana high court in the case of smt. kala rani v. commissioner of income-tax, patiala-i had occasion to discuss this aspect of ..... -over to the purchasers belonged to the assessee for the purpose of inclusion in his net wealth? section 53a of the transfer of property act gives the party in possession in those circumstances the right to retain possession. where a contract has been executed in terms mentioned hereinbefore and ..... consideration money from the purchasers and the purchasers having been put into possession were protected in terms of section 53a of the transfer of property act and the term 'owner' not only included the legal ownership but also the beneficial ownership. the first question arises in the context of that ..... the matter. but the punjab and haryana high court was construing the meaning of the expression 'owner' under section 22 of the income-tax act, 1961. there, the division bench of the punjab & haryana high court held that the assessee occupied the property after the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-24-1986
Reported in : 1987(1)BomCR120; 1987(11)ECC166; 1986(25)ELT915(Bom); 1986MhLJ738
..... section 482 cr.p.c. read with article 227 of the constitution.17. the complainant's counsel relied on a case reported in the matter of municipal corporation of delhi v. ram kishan rohatgi and others : 1983crilj159 , wherein their lordships have observed as follows :-'it is therefore, manifestly clear that ..... my attention to a leading case on the question of exercise of inherent powers of high court in the matter of r.p. kapur v. state of punjab : 1960crilj1239 . in para 6 of the said judgment gajendragadkar j. (as he then was) speaking of behalf of three judge's bench has observed ..... to-day work of the company as such directors and not due to any positive act on their behalf.18. in other case relied upon by the complainant also reported in : 1983crilj172 pertaining to the food adulteration act, municipal corporation of delhi v. purushottamdas they refused to quash the proceedings against the directors ..... meeting of mind during the various steps which are taken to carry our unlawful object. all the facts stated together show that the alleged overt-acts of accused no. 1 company and its directors and officers were done during the period 1981 to 1984. the present petitioner was not a ..... period 1981 to 1984 accused no. 1 company alongwith its directors and executive officers, accused nos. 2 to 30 conspired together and did several acts with the unlawful object of evasion of excise duty. the charge of conspiracy signifies an agreement between accused persons to achieve a common unlawful object .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-29-1986
Reported in : 1988(2)BomCR351
..... if it so finds will grant approval of the order of dismissal... ...'. 15. mr. damania then emphatically relied upon a decision of the supreme court in the case of the municipal corporation of greater bombay v. p.s. malvenkar and others, : (1978)iillj168sc and invited my attention specifically to para 8 of the said judgment which reads as under :'but even ..... relevant standing orders and in either case it is open to the employer to justify his action before the labour tribunal by adducing all relevant evidence before it. see the punjab national bank ltd. v. its workmen : (1959)iillj666sc , management of ritz theatre (p) ltd. v. its workmen, : (1962)iillj498bsc , workmen of motipur sugar factory (p) ltd. v. motipur sugar ..... to appreciate the rival contentions raised by the learned counsel on both sides, it may be worthwhile to state here the relevant provisions of section 33(2)(b) of the act as under :'33. conditions of services, etc. to remain unchanged under certain circumstances during pendency of proceedings.---(1) during the pendency of any conciliation proceedings before a conciliation officer ..... from the same date for the reasons separately recorded. however, since an industrial dispute was pending before the second respondent-industrial tribunal-applications under section 33(2)(b) of the act were filed by the company before the said tribunal for approval of their action of terminating the services of the petitioners. it was alleged against the petitioners in the statement .....Tag this Judgment!
Court : Orissa
Decided on : Nov-14-1986
Reported in : AIR1987Ori82; 63(1987)CLT658
..... if the widow remarries, loss would be assessed only for the period she remained as a widow. a learned judge of the punjab and haryana high court in the case of municipal committee, jullundur v. jagdish kaur, 1978 acc cj 359 : (air 1978 punj & har 195), however, declined to make ..... thereto, may be rescinded by the court upon remarriage. (see sub-section (3) of section 25 of the hindu marriage act). the juristic principle is that the entitlement ceases upon remarriage. if wife would not claim financial contribution from the husband upon her remarriage, on pari ..... circumstances. but the obligation to maintain ceases on the remarriage of the daughter-in-law. (see section 19 of the hindu adoptions and maintenance act). similarly, a direction for payment of permanent maintenance given by the court while passing any decree for judicial separation or divorce or any time subsequent ..... thosepersons alone who are entitled to bemaintained and supported by the victim andthat they must be his legal representatives.the framers of the motor vehicles act whileusing the expression 'legal representatives' insection 110-a must be deemed to be aware of thisexpression in the c.p.c. and there ..... any rule to that effect, the definition oflegal representative' as in section 2(11) of thec.p.c. would be applicable to the proceedingsunder this act, and the expression wouldmean the same thing even for purposes ofsection 110-a. 1980 acc cj 116 (madh-pra)(bhagwatidin v. gheesabibi) and 1975 acccj .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-08-1986
Reported in : AIR1986SC833; (1986)2CompLJ1(SC); 1986CriLJ917; 1986(2)Crimes1(SC); 1986(1)SCALE859; (1986)3SCC67; 2SCR388
..... could only be exercised by government notification and not by notice.45. the power under section 482, criminal procedure code, has been examined by this court in municipal corporation of delhi v. ram krishan rohtagi and ors. : 1983crilj159 . it was laid down clearly that the test was that taking the allegations and ..... 10 crores. the letter of credit was to be operative for rs. 10 crores in the first instance in view of letter of guarantee of punjab national bank (hereinafter called as pnb) delhi. shri vinod kumar jain was alleged to have authorised to sign and execute all documents as would ..... stand trial.44. it may be mentioned that the import control order, 1955 passed by the central government under sections 3 and 4a of the act laid down restrictions on the import of newsprint (imprint of newspaper-dictated) which had been considered in the case of bennett coleman & co. and ..... said complaint.13. the complaint was under section 120b of indian penal code and the substantive offence alleged was under section 5 of the said act. it was stated that the complaint was being filed on the basis of investigation conducted by special police establishment, central bureau of investigation and ..... petitions arose out of a complaint under section 120b of the indian penal code and section 5 of the imports and exports (control) act, 1947 (hereinafter called the 'act') which had been made by the deputy chief controller of imports and exports, shri j.p. sharma of which the learned metropolitan magistrate .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-1986
Reported in : 1987(1)Crimes374; ILR1986Delhi280
..... dass chotte lal v. union of india, 2nd (1969) delhi 1196, (3) accepted the appeal and set aside the conviction and the sentence. 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 said ..... of the previous year of every person. a firm was thus an independent assessable unit for the purpose of 'the act'. thereforee, for income-tax law a firm was a legal entity, [see the state of punjab vs . jullundur vegetables syndicate : 2scr457 ].(1) (14) the firm, though a legal entity for the ..... 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'. (8) evidence of the complainant t. d. manchanda. read with the copy of the reply filed by the accused before him during the assessment proceedings ..... of delhi vs . j. b. bottling co. pvt. ltd., . (2) 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 ..... 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 corporation .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-07-1986
Reported in : AIR1986Raj131; 1986(1)WLN23
..... the same as the claim was time barred. the contention was allowed by the high court and the matter was taken up in appeal by the municipal committee before the supreme court. the supreme court dismissed the appeal. their lordships of the supreme court placed reliance on a decision of the privy ..... in my opinion the provisions of ss. 3 to 6 cannot be resorted to. reference may also be made to the division bench decision of the punjab high court in custodiangeneral of evacuee property in new delhi v. harnam singh air 1957 punj 58. their lordships were taking into consideration the provisions ..... the recovery of which has been barred by time, are recoverable under the provisions of dues recovery act, i960.11. it would be relevant here to refer to the decision of the supreme court in new delhi municipal committee v. kaluram air 1976 sc 1637. in that case the respondent kaluram was allotted one ..... under clause (i) of section 60a. the suit thus could be filed within three years from the date of the commencement of the electricity amendment act, 1966 (act no. xxx of 1966). so the extended period of limitation under section 60a had expired in the year 1969. in this view the suit for ..... days failing which the electricity supply would be disconnected without any further notice and the notice was sent under section 24 of the indian electricity act 1910 (central act no. ix of 1910). it was also stated in the notice that action will be taken to recover the outstanding dues under the rajasthan government .....Tag this Judgment!