Court : Andhra Pradesh
Decided on : Jul-31-2002
Reported in : 2002ACJ1846; AIR2002AP441; 2002(4)ALT525; 2002(3)CTC385
..... to interest at 9% per annum, on one hand, and the decisions of the supreme court in smt. chameli wati vs . delhi municipal corporatioin of delhi, : air1986sc1191 , jagbir singh vs . general manager, punjab roadways, : 3scr1095 , dr. k.r. tandon vs . om prakash, : (1998)8scc421 and a division bench decision of ..... the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. 37. section 2(b) of the interest act, 1978 (act no.14 of 1978) defines 'current rate of interest' as under:'current rate of interest' means the highest of the maximum rates at ..... date of application and not from the date of its order enhancing the amount. 65. interest is also allowed under the enactments, namely, contract act, 1872. section 73 of the contract provides for payment of compensation for breach of contract. it does not provide for payment of interest on ..... interest on agricultural advances. the high court after considering english and indian decisions in the light of section 21-a of the banking regulations act, 1949 as also circulars issued by the reserve bank of india held that the concept of compound interest was strange to agricultural financing ..... implied. 50. awarding of interest also depends upon statutory provisions, mercantile usage, interest on equitable grounds etc. section 80 of the negotiable instruments act, 1881 enacts that where no rate of interest is specified in a negotiable instrument, the court shall award interest at the rate of six per .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-28-2002
Reported in : 2002(6)ALD233
..... the second respondent adopted a discriminatory method. the licence is also challenged on the ground that having regard to the act and the rules, the second respondent has no jurisdiction or power to grant licence within five kilometers belt of visakhapatnam municipal corporation. thus, the petitioner has locus standi to question the action of the second respondent. this view is supported by ..... thereof), c.p. and berar general clauses act, 1914 (section 10 thereof), jammu and kashmir general clauses act, 1977 (section 11 thereof), karnataka general clauses act, 1899 (section 11 thereof), kerala interpretation and general clauses act, 1950 (section 10 thereof), madhya pradesh general clauses act, 1957 (section 9 thereof), orissa general clauses act, 1937 (section 11 thereof), punjab general clauses act, 1898 (section 9 thereof), rajasthan general clauses ..... act, 1955 (section 12 thereof), uttar pradesh general clauses .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-10-2002
Reported in : AIR2002SC2256; 2002(4)ALD24(SC); JT2002(Suppl1)SC219; (2002)2PLR625; 2002(4)SCALE560; (2002)5SCC397; 3SCR1078
..... , j.1. leave granted.2 .an eviction petition filed by the landlord-respondent urging the ground for eviction under section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 (hereinafter the act, for short), was dismissed by the rent controller but allowed by the appellate authority. the decree has been maintained in civil revision preferred by the tenant in ..... the case of a non-residential building or rented land, if-(a) he requires it for his own use;4. incidentally, it may be mentioned that the east punjab urban rent restriction (amendment) act, 1956, by section 2 thereof deleted the words 'a non-residential building or' from the abovesaid provision. however, this amendment was held ultra vires the constitution in harbilas ..... . our conclusions are crystallised as under:(i) the words 'for his own use' as occurring in section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 must receive a wide, liberal and useful meaning rather than a strict or narrow construction.(ii) the expression -- landlord requires for 'him own use', is not confined in its ..... rai bansal v. state of punjab and anr. - : air1996sc857 , and this court directed that as a consequence of the amendment having been declared constitutionally invalid the original provision of the act as was operating before the amendments stands restored and a landlord - under the act - can seek eviction of a tenant from a non-residential building .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-05-2002
Reported in : 2003(1)ALD813
..... involved, namely road widening and traffic island, rejection of corporation's request and the issuance of notification for acquisition cannot be faulted with.12. learned additional advocate general appearing for municipal corporation of hyderabad drawn my attention to the counter filed by the petitioner- corporation in w.p. no. 14060 of 2000, wherein its agreement for the proposal of road ..... a public purpose. on the contrary, the supreme court has ruled in abdul hussain v. state of gunjarat, : 1scr597 , following its earlier decision in somawanti v. state of punjab, : 2scr774 , that land used for one purpose can be acquired for serving another public purpose. learned counsel for the respondents brought to our notice the decision of the supreme ..... land consult the senior agricultural officer of thedistrict whether or not such land isgood agricultural land; (ii) determine, having regard to the provisions of sections 23 and 24 of the act, the approximate amount of compensation likely to be payable in respect of the land, which, in the opinion of the collector, should be acquired for the company; and (iii) ..... do not confer any right on the petitioner-corporation to insist that the land should be acquired for the company only unless the procedure contemplated under part-vii of the act has been followed. unless by entering into agreement by the corporation with the government and the said agreement is gazetted, the petitioner-corporation cannot derive any right over acquisition .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-15-2002
Reported in : 2003(3)ALD377; 2003(4)ALT270
..... , the original owner of the suit schedule property. gsm was put in possession of the same, who constructed a compound wall with permission from the municipal corporation of hyderabad dated 13-12-1951. whatever be the reason, snj later gifted the property to the defendants: government of andhra pradesh, district collector ..... while reducing his pay excess amount was paid. the plaintiff issued a notice. the trial court found it defective. a learned single judge of punjab high court came to a conclusion on facts that notice issued by wallu ram sufficiently satisfies the requirements of section 80 cpc. 31. the decision ..... his possession was hostile to the real owner and in deciding such claim, the courts must have regard to the animus of the person doing those acts. 18. in marwari kumar v. bhagwanpuri guru ganeshpuri (supra) also, the supreme court reiterated its earlier view and observed that in the absence ..... was delivered to gsm it is also required to be considered whether pursuant to the gift executed by snj in their favour, the government acted upon the gift and exercised their rights of ownership and whether they permitted dr.gsm to construct a clinic on payment of annual rent and ..... vendee cannot plead adverse possession. in such an event, the vendee is entitled only to protection under section 53-a of the transfer of property act against third parties but not against the real owner. the learned government pleader also submits that the plaintiffs did not challenge the gift deed which .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-04-2002
Reported in : 2003(2)AWC1434
..... catena of decisions that a disciplinary authority is not required to give reasons in support of its order if it agrees with the enquiry report. in tara chand v. delhi municipality, air 1977 sc 567, it was held that while it may be necessary for disciplinary authority or administrative authority exercising quasi-judicial functions to state reasons in support of its ..... where the law specifically so provides is the ultimate responsibility for the exercise of such power ;as pointed out by the house of lords in 'board of education v. rice', 1911 ac 179 at p 182 (c), a functionary who has to decide an administrative matter of the nature involved in this case, can obtain the material on which he is ..... .) is associated with the commission which is provided in regulation 3 of regulations, 1985. the management committee of an institution after completing proceedings in accordance with u. p. intermediate education act, the rules and regulations made thereunder and also in accordance with the orders issued by the education department from time to time forwards the papers to the commission through the ..... ') to make regulations with the prior approval of the state government and section 35 confers powers upon the state government to make rules for carrying out the purposes of the act. in exercise of the aforesaid power, the commission made the uttar pradesh secondary education services commission (procedure and conduct of business) regulations, 1983, (hereinafter referred to as the regulations, 1983 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jun-26-2002
Reported in : 2003ACJ971; AIR2003MP156; 2003(1)MPHT371
..... concerned in the operation of nature' as observed in spensley v. lancashire ins. co., 11 n.w. 894, 897, 54 wis. 433.11. in nainital hotel co. ltd. v. municipal board, nainital, air 1946 all 502, it was held that electric energy is 'movable property' and therefore 'goods' within the meaning of article 52 of the limitation ..... 1897 that in fact atoms consist of smaller particles, and one of such smaller particles are electrons. the basic concept of the atomic model was subsequently propounded by rutherford in 1911 who established that atoms consist of a heavy nucleus (consisting of protons, neutrons, etc.) with electrons orbiting it (analogous to the planets orbiting the sun). these electrons contain ..... canvas. the dictionary clause does not lay down a postulate that unless a substance is notified it cannot be regarded as a hazardous substance. the definition in the act refers to environment (protection) act, 1986. i have reproduced the aforesaiddefinitions hereinabove. the said definition is in a broad spectrum. it cannot be encompassed in a small region. if both the definitions ..... or activity in relation to an industry specified in the first schedule. the first schedule mentions the power generating industries. 'manufacturing process' is defined in section 2(k) of factories act, 1948 which means any process for 'generating, transforming or transmitting power'. the process for manufacture is involved before the electricity is transmitted after being generated. electricity may be sent. .....Tag this Judgment!
Court : Orissa
Decided on : Apr-06-2002
Reported in : 93(2002)CLT633; 2003CriLJ105; 2002(I)OLR618
..... the accused persons above named were dragging the deceased along the street, other six accused persons being armed with swords, tangi, gurkha knife joined them near municipal high school no. 1. accused manoj padhi, sana gantayat, dambaru nayak and bulu were armed with swords whereas accused sarat sahu was armed with tangi ..... who are interested, related and partisan cannot be relied upon in a case ofthis nature. in this regard air 1995 sc 1727 (ramnath v. state of punjab) can be relied upon. in the case at hand, the prosecution witnesses are not only interested, related and partisan in spirit, but also their evidence ..... be examined for the reasons recorded above, the post-mortem report (ext. 13) can be admitted into evidence under section 32 of the indian evidence act and the same cannot be brushed aside merely for the reasons that the doctor conducting autopsy over the dead body of the deceased has not been examined ..... sc 702, wherein their lordships laid the law that section 32 of the evidence act provides that when a statement written or verbal is made by a person in discharge of professional duty and his attendance cannot be procured without an ..... to the accused, the post-mortem report was marked as ext. 13 which has been admitted into evidence under section 32 of the indian evidence act in support of which reliance can be placed on the ruling in the case of prithiv chand v. state of himachal pradesh reported in air 1989 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-24-2002
Reported in : AIR2003SC43; JT2002(8)SC560; (2003)1SCC364; SUPP3SCR306; 2003(1)SLJ164(SC)
..... which they would derive as a result ofthe judgments of the courts are taken away. 51. now, in 1978 before the amending act waspassed, thanks to the provisions of the principalact of 1961, the ex-municipal employees who hadbeen allocated to the panchayats service assecretaries, officers and servants of gram andnagar panchayats, had achieved the status ofgovernment servants. ..... c. arora and anr. v. state ofharyana and ors. : (1984)iillj362sc the principles laiddown by the above constitution bench were followed, whilestriking down an amendment to the punjab government nationalemergency (concession) rules taking away acquired or accruedfundamental rights with retrospective effect, as offendingarticles 14 and 16 of the constitution of india. theretrospective amendment of the rules in ..... theobject sought to be achieved. it is to navigatearound these two obstacles of articles 311 andarticle 14 that the amending act is sought to bemade retrospective, to bring about an artificialsituation as if the erstwhile municipal employeesnever became members of a service under the state.can a law be made to destroy today's accruedconstitutional rights by ..... ', who are, so to say,pushed out of the panchayat service and are to bedenied the status of government servants and theconsequential benefits. the ex-municipal employeesare virtually the 'poor relations', the castle, thepanchayat service, is not for them nor theattendant advantages, privileges and perquisites,which are all for the 'pedigree descendants' .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-02-2002
Reported in : 2002(3)ALLMR368; 2002(5)BomCR128; 2002(2)MhLj940
..... the hearing and final disposal of the petition, the respondent no. 3 may be prevented by an order and injunction of this hon'ble court from posing herself or acting as the municipal councillor and the respondent no. 1, their officers, servants, agents and employees may be prevented from sanctioning the amount from the councillors development funds;(c) that ad-interim reliefs ..... to be found by the learned judge for consideration of grant of interim reliefs to the aggrieved party. as has been rightly observed by the learned judge that the bombay municipal corporation act has provided a complete code for election petition and it lays down the manner of trial of the election petition and even the degree of proof required. it is ..... hearing and final disposal, of the petition, the respondent no. 3 be prevented by an order and injunction of this hon'ble court from posing of acting as the municipal corporator from ward no. 108 and/or acting as a member of the statutory committee and contesting for the post of mayor/dy. mayor, or drawing allowances, honorarium, development fund or any other ..... vest with powers and jurisdiction which the legislature has otherwise not conferred on the court. i am in respectful agreement with the decision of the learned single judge of the punjab and haryana court, in the case of nirmal singh v. the joint registrar, co-operative societies, patiyala and ors., reported in . the learned judge had followed the division bench of .....Tag this Judgment!