Court : Kerala
Decided on : Dec-17-2004
Reported in : 2005(1)KLT960
..... for such performance are generally directory rather than mandatory.9. in the decision reported in administrator, municipal committee, charkhi dadri v. ramji lal bagla, (1995) 5 scc 272, the question considered by the supreme court was whether section 44-a of the punjab town improvement act, 1922 as amended by the haryana legislature was mandatory or not. that section provided that any ..... . in the decision reported in sivarama pillai v. vice chancellor, kerala university, 1973 klt 769, namboodiripad, j. considered the scope of section 56(2b) of the kerala univeristy act, 1969. the relevant paragraph in the judgment reads as follows:principles of natural justice are essentially rules of procedure thought of in cases where prescribed procedure is not readily available ..... has raised two contentions:(1) the entire disciplinary proceedings and order of punishment are invalid in as much as there is violation of section 60 of the kerala university act. the disciplinary proceedings were not completed within the period of 3 months or within such further period as was allowed by the vice chancellor.(2) there is violation of ..... revision is punitive and could not have been made without an enquiry. the petitioner was directed to be reinstated as principal without prejudice to the right of the management to act in accordance with law.3. subsequently the management issued a show cause notice proposing disciplinary proceedings on 3.11.2001. the petitioner filed objections. thereafter memo of charges .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-2004
Reported in : I(2005)ACC51; AIR2005SC446; 2005(1)AWC220(SC); JT2004(10)SC173; 2004(10)SCALE28b; (2005)1SCC444
..... the operators, who have been granted permits under 1988 act has submitted that principle of res judicata can have no application if there is a statutory prohibition, and in support of his submission he has relied upon municipal committee, amritsar and ors. v. state of punjab and ors. : 3scr447 , mathura prasad ..... bajoo jaiswal and ors. v. dossibai n.b. jeejeebhoy : 3scr830 , nand kishore v. state of punjab : (1995)6scc614 and allahabad development authority v. nasiruzzaman and ors ..... the question as to whether the draft scheme dated 13.2.1986 had lapsed under sub-section (4) of section 100 of the 1988 act. a clear finding was recorded that the scheme had not lapsed and the relevant part of paragraph 11 of the said report is being ..... the state government published a notification on 29.5.1993 whereby the draft scheme published on 13.2.1986 under section 68-c of the old act was approved. the notification specifically mentioned that the same was being done in view of the directions given by supreme court in civil appeal nos ..... the competent authority and dismissed the writ petition. some of the existing operators challenged the grant of permits under section 80 of the 1988 act by filing writ petitions, but the same were also dismissed. the appeal against the decision of the high court was allowed by this court .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-22-2004
Reported in : ILR2004KAR4459; 2004(7)KarLJ356
..... (3) kccr 1953 rules which were before the court, this court said that the probation was deemed to have been extended. a similar view was taken in the case of municipal corporation v. ashok kumar misra, : (1991)iillj343sc although the rules prescribed that the probationary period should not exceed two years, and an order of confirmation was also necessary, the termination ..... be no deemed confirmation in such cases and the probation period will be deemed to be extended. in this category of cases we can place samsher singh v. state of punjab, : (1974)iillj465sc which was the decision of a bench of seven judges where the principle of probation not going beyond the maximum period fixed was reiterated but on the basis ..... for probation and either there is a rule proving for extension of probation or there is a rule which requires a specific act on the part of the employer (either by issuing an order of confirmation or any similar act) which would result in confirmation of the employee. in these cases unless there is such an order of confirmation, the period of .....Tag this Judgment!
Court : Allahabad
Decided on : May-10-2004
Reported in : 2004(3)AWC1900
..... alr 764, in bishan das's case (supra) dharamshala, temple and shops were constructed by one lala ramji das out of joint family fund. the municipal committee dispossessed the petitioner and opened its office then the writ petition was filed in the high court, which was dismissed. the apex court in the ..... sc 1076. the counsel for the petitioner in support of his submission, cited decision of the apex court in bishan das and ors. v. state of punjab and others, air 1961 sc 1570 and division bench judgment of this court in durga prasad and ors. v. state of u.p. and ors., 1999 ..... made thereunder involving decisions affecting rights of parties. when a contract is sought to be terminated by the officers of the state, purporting to act under the terms of an agreement between the parties, such action is not taken in purported exercise of a statutory power at all.'the same ..... public notice was issued or tender invited before allotting the land to respondent no. 4. respondent no. 3 being the instrumentality of the state cannot act arbitrarily in leasing out public property. the action of the respondents is arbitrary, unreasonable and is abuse of power.5. sri siddharth shanker ray, senior ..... insurance company again wrote to the state government to renew the lease for a further period of 30 years. the general insurance business (nationalization) act, 1972 was passed in pursuance of which a scheme was notified by the central government by which bharat insurance company was merged with oriental fire and .....Tag this Judgment!
Court : Chennai
Decided on : Dec-30-2004
Reported in : 124CompCas399(Mad); (2005)6CompLJ490(Mad); 2005(1)CTC249; (2005)1MLJ269; 60SCL604(Mad)
..... in nullification of the acquisition which has to be construed that those provision is only directory in nature despite use of the word 'shall' in section 44-a of punjab town improvement act, 1922.15. in mohan singh v. international airport authority of india, : (1997)9scc132 regarding the use of words 'shall' or 'may'. the supreme court held that the distinction of ..... p. datar has also relied on the following decisions to find out whether a particular provision is mandatory or directory. the first decision relied on by him is in administrator, municipal committee charkhi dadri and anr. v. ramji lal bagla, : air1995sc2329 wherein their lordships have held that absence of provision for consequence in case of non-compliance with the requirements prescribed ..... amendment made in the year 1965- 66 and sub-section (1-a), (1-b), (1-c) and (1-d) were introduced for the first time by the companies (amendment) act, 1965 [act 31/1965]. the learned judge has observed that the supreme court was interpreting the provisions of section 108 as it stood at the time of the impugned transaction therein and ..... corporation limited.6. after taking us through the company petition, counter, rejoinder, the details regarding civil suits, impugned order of the company law board and relevant provisions of the companies act, mr. a. alagiriswamy, learned senior counsel for the investors, and mr. p.h. aravindh pandian, learned counsel for the company, have raised the following contentions:(i) whether the company law .....Tag this Judgment!
Court : Delhi
Decided on : May-25-2004
Reported in : AIR2005Delhi7; 112(2004)DLT249; 2004(75)DRJ195
..... site in the absence of any agreement or covenant. now, thereforee, i, y.d. bankata, additional commissioner, municipal corporation of delhi, in exercise of powers delegated to me by the commissioner under section 491 of the delhi municipal corporation act, 1957 (66 of 1957), hereby order to cancel the allotment/license in respect of shop no.9 meena bazar, ..... been filed by the mcd:'before the estate officer, mcd, more sarai, delhiin re:municipal corporation of delhi ?.petitioner-versus-sh/smt.shop no.municipal marketred fort (meena bazar) delhi ?. respondentpetition under section 4, 5 & 7 of the public premises (eviction of unauthorised occupants) act, 1971sir:the mcd/land & estate department/ petitioner most respectfully submits as under:-1. ..... that shop no._____________ municipal market, red fort (meena bazar), delhi is owned by the petitioner/mcd which is a public premises within meaning of ..... section 2 of the public premises (eviction of unauthorisedunauthorised occupants) act, 1971.2. that the said shop was allotted to the respondent on the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-2004
Reported in : IV(2004)CPJ33(SC); JT2004(8)SC17; 2004(8)SCALE187; (2005)9SCC555
s. n. variava, j.1. leave granted.2. before this court a large number of appeals have been filed by the haryana urban development authority and/or the ghaziabad development authority challenging orders of the national consumer disputes redressal commission, granting to complainants, interest at the rate of 18% per annum irrespective of the fact of each case. this court has, in the case of ghaziabad development authority vs . balbir singh : air2004sc2141 , deprecated this practice. this court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. this court has held that the consumer forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. this court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. this court has held that the forum or the commission thus had to determine that there was deficiency in service and/or misfeasance in public office and that it has resulted in loss or injury. this court has also laid down certain other guidelines which the forum or the commission has to follow in future cases.3. this court is now taking up the cases before it for disposal as per principles set out in earlier judgment. on taking the cases we find that the copies of the claim/petitions made by the respondent/complainant and the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-12-2004
Reported in : (2004)138PLR651
..... is that there is no specific bar or prohibition stated in regard to various election processes under article 243(2)(g) relating to elections of municipalities as well as under article 329 which would by use of specific language oust the jurisdiction of the high court under article 226 of the ..... , declined to effect transfer of the deputy commissioner and other officers, as ac- cording to the letter of chief secretary, punjab the acts complained were of not such glaring acts of in subordination and misconduct on the part of these officers which would require their transfer and their transfers were unwarranted. it ..... of the petitioner is allowed in the above terms but with a specific direction to the chief commissioner gurdwara elections and the state government of punjab to ensure that free and fair election process is concluded in relation to this constituency, as early as possible, and in any case not ..... comments upon the order of the chief commissioner gurdvvara elections, as it was based on the legal advice received from the office of advocate general, punjab. to this a specific affidavit has been filed by the deputy commissioner. further more, it is also averred that the petitioner was an undischarged ..... order be conveyed to the government of india in the ministry of home affairs, new delhi and to the chief secretary to government of punjab for information.'3. in this order the chief commissioner took note of the conduct of the deputy commissioner, amritsar and other officers and also .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-04-2004
Reported in : (2004)138PLR647
n.k. sud, j.1. petitioner landlord filed a petition under section 13 of the east punjab urban rent restriction act, 1949 (for short 'the act') for the ejectment of nand kishore, the proprietor of the firm jagdamba tea factory, from a portion of the building situated in khasra no. 2418, outside ghee mandi gate, bagh ..... 11.2.1983 and thus could not have been questioned about the genuineness of the same.9. mr. sarin referred to the findings of the trial court that in the municipal records, the respondent nand kishore had been shown as an occupant of building as tenant @ rs. 200/- per month while the name of the owner was mentioned as scout club ..... up a false case that he had constructed the shed alongwith office room in question on the vacant site. he was not able to produce any sanctioned plan from the municipal committee nor did he produce account books to show the expenditure incurred on its construction. on the other hand, learned counsel pointed out that the ..... clearly shows that seth radha kishan had submitted the plan of the building on 11.4.1939 which was duly sanctioned by the executive officer, municipal committee, amritsar, on 4.5.1939 and necessary orders in this regard were issued on 9.5.1939. according to the counsel, it was clear from the entry in the .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-25-2004
Reported in : 2005(4)BomCR442
..... state government reposed in the principal secretary in conferring upon him the exercise of drastic power like removal of president of a municipality under section 22 of the act. to say the least what has been done is not what is expected to be done by a senior official like the ..... by vice president on 5th january, 2004 and by impugned order the collector disqualified the petitioner from holding the post of the councillor of the municipal council till the remaining period of the council. after this order was passed, it appears that on 1st october, 2004, the election commission has ..... he could not attend the meetings of the council and in view of his absence, the vice president smt. n.n. rode of the municipal council submitted an application on 5th january, 2004 bringing to the notice of the collector that the petitioner has incurred disqualification as he remained continuously ..... this petition the main challenge is to the order passed by the collector under section 44 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter referred to as the act).3. by consent of the parties, we take rule for final hearing forthwith.4. by this petition, petitioner ..... of this court, shri raghuwanshi has also relied on the judgment of the apex court in the case of terlochan dev sharma v. state of punjab and ors., reported in : 3scr1146 . shri raghuwanshi therefore submitted that the order passed by collector disqualifying petitioner is per say bad in law .....Tag this Judgment!