Court : Mumbai
Decided on : Mar-12-2007
Reported in : 2007(3)ALLMR12; 2007(3)BomCR607
..... p. reported in : air2000sc1816 (iv) registrar, high court of gujarat v. c.g. sharma reported in : air2005sc344 . (v) municipal committee, sirsa v. munshi ram reported in : (2005)illj1077sc . (vi) state of punjab v. sukhwinder singh reported in (2005) 5 scc 447 (vii) rajasthan state road transport corporation v. zakir hussain reported in : ( ..... as under:6. we find considerable force in the submission made on behalf of the respondents. in our opinion, section 5(3) of the said act which provides for termination of services of an employee speaks of 'work' or 'behaviour' of any probationer not found satisfactory. even assuming that the ..... consequential provisions; it is hereby enacted in the twenty-eighth year of the republic of india as follows:16. the definitions that are contained in the act are of 'private school', 'school' and the word 'teacher' as well. section 4 deals with the terms and conditions of service of employees of ..... and the decisions brought to my notice.14. for properly appreciating the rival contentions, a reference can usefully be made to the m.e.p.s act and the relevant rules.5. certain obligations of management of private schools : (1) the management shall, as soon as possible, fill in, in ..... in the school are hereby terminated with effect from 12th june, 1995 under section 5(3) m.e.p.s. (conditions of service) regulation act 1977). you are entitled for salary upto the date 12th june, 1995. kindly therefore return all the books and the articles science materials, fee of .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-2007
Reported in : (2007)109BOMLR1583; 2008CriLJ1; 2007(4)MhLj7; 2008(1)AIRKarR465(FB)(Bom)
..... of subhash chand (supra) in fact are the grounds specifically incorporated by the legislature under sections 3 and 4 of the punjab good conduct prisoners (temporary release) act. this act is limited in its operation and scope. thus, to us it appears that these provisions are ancillary to the basic provisions ..... statute or being not in conformity with the statutory provisions would not be a binding precedent as it is said to be given through inadvertance refer municipal corporation of delhi v. gurunath singh : air1989sc38 . another legal facet of the stated principle would be that various judgments of the supreme court ..... regard reference can also be made to the cases of fitrat raza khan v. state of uttar pradesh and ors. : 1982crilj338 , bachan singh v. the state of punjab etc etc. : 1scr145a , and a.r. antulay v. r.s. nayak and anr. : 1988crilj1661 .20. the observations of the hon`ble bench ..... by implication would not be in conformity with the basic rules of interpretation of statutes. reference can be made to a division bench judgment of the punjab and haryana high court in the case of pardeep etc. v. state of haryana, cri. misc. no. 7268 of 1997, where it was ..... a police officer in charge of police station to reduce in writing every information relating to the communication of cognisable offence. in his default to act, the aggrieved party normally should approach the superintendent of police of the concerned area, who, if satisfied that the complaint discloses commission of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-27-2007
Reported in : AIR2007SC3124; 2007(6)ALD5(SC); 2007(4)AWC3562(SC); [2007(4)JCR72(SC)]; JT2007(10)SC454; (2007)6MLJ1083(SC); 2007(10)SCALE375; (2007)7SCC609
..... lands are held in severalty by several owners. even then suitable adjustments had to be made while determining the land value. lands in the periphery of a municipal town have been acquired and while adjudging the compensation, the necessary adjustments will have to be made for determining the compensation payable while taking note of such ..... the state that the award was a generous one, but then, the state is bound by the award in the light of section 25 of the act. suffice it to say that, we are not satisfied that any enhancement of land value for the lands in estate hisar is justified.8. coming to ..... conclusion that the land value awarded was fair and there was no scope for further enhancement.6. normally, this court interferes with the award made under the act by the high court only if any error in principle is involved in the adjudging of the compensation. after all, every award involves some guess work. ..... as residential in sectors 9 and 11 by the haryana urban development authority. on 18.5.1993, a declaration under section 6 of the land acquisition act was made. the area in respect of which the declaration was made was of 478.44 acres.3. the land acquisition collector passed an award on ..... no. 9355 of 2007 and application for substitution is allowed. heard learned counsel on all sides.2. a notification under section 4 of the land acquisition act was issued on 19.5.1992 notifying the proposal for acquisition of an extent of 504.27 acres of land in the revenue estates of hisar, satrod .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-31-2007
Reported in : 2007(12)SCALE747
..... moola etc. filed c.a. no. 315 of 2000 in the court of district judge, narnaul. the district judge relying on rule no.16 of the punjab village common lands (regulation) rules, 1964 directed the addl. senior sub-judge to try the case i.e. civil suit no. 267/2000/1992 from the ..... 1961 (hereinafter referred to as '1961 act') came into force and pepsu village common lands act, 1953 was repealed. section 443 of 1961 act makes it clear that in case mortgagee is in possession of shamlat deh land ..... year 1900 a.d. the said land belonged to the proprietary body of village daroli jat prior to the commencement of the pepsu village common lands act, 1954. the proprietors orally mortgaged the said land to moola for a consideration of rs.500/-. possession was also delivered to mortgagee. mutation was also ..... village common lands act, ..... act') came into force. as per section 4 of the act, all the land which was shamlat deh vested in gram panchayat. but the gram panchayat did not and could not disturb the possession of the l.rs. of moola from the said land as 30 years had already elapsed for redemption of the mortgaged land. in 1961, punjab .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-02-2007
Reported in : (2007)3GLR2597
..... . 50,000/- and rs. 16,000/- respectively. the certificate issued by chief officer, modasa municipality dated 20th april, 2002 clearly shows that the business premises were set on fire and therefore the municipality had not charged for use of firefighter to the victim. of course, this is a business ..... is concerned, had granted benefit of section 360 of criminal procedure code to an accused who found guilty of the offence punishable under the essential commodities act. in subsequent decision of this court, the benefit of section 360 of the code of criminal procedure has been recorded to victims by ..... reasons. when the court otherwise is competent to reduce punishment than the minimum prescribed, then whether this is a case where the court should act in reformative manner and exercise powers vested with the court under the provisions of section 360 of the code of criminal procedure, is the ..... substantive punishment imposed by the trial court, this court should think whether the appellant-accused can be given the benefit of probation of offenders act under the provisions of section 360 and 361 of the code of criminal procedure, because though minimum punishment is prescribed for the offence held ..... concentrate firstly on the part of minimum punishment prescribed in the act for the offence punishable under sections 3 and 7 of the essential commodities act.12. the apex court in case of gurmukh singh etc. v. the state of punjab reported in : 1972crilj654 wherein the apex court has decided to .....Tag this Judgment!
Court : Chennai
Decided on : Apr-27-2007
Reported in : (2007)6MLJ935
..... highways authority of india has no objection to instal the retail outlet. thereafter, the fifth respondent has obtained approval from chief town planner, superintendent of police, commissioner of municipalities, divisional fire officer and spent substantial amount for infrastructure facilities and commenced their operation in the month of may 2004. on 08.04.2004, the fifth respondent had submitted ..... sydney v. campbell it was observed that irrelevant considerations on which power to acquire land is exercised, would vitiate compulsory purchase orders or scheme depending on them. in state of punjab v. gurdial singh acquisition of land for constructing a grain market was challenged on the ground of legal mala fides....ii) express newspapers (p) ltd. v. union of ..... authority of india erected the petrol bunk and energised it. the person seeking to invoke the doctrine of legitimate expectation must be aggrieved and should have altered his position acting upon the states action/inaction. legitimate expectation has to be determined keeping in view larger public interest and not according to claimant's perception. on facts, the plea ..... have taken due care and attention taking into consideration of several factors and keeping in mind the public interest, hence, the averment that the respondents 1 to 4 acted with malafide is without any substance.17. the petitioners canvassed the pleas of promissory estoppel and legitimate expectation. it is averred by the petitioners that originally the alleged .....Tag this Judgment!
Court : Chennai
Decided on : Oct-04-2007
Reported in : (2007)6MLJ419
..... quiet for a number of years, the petitioners cannot raise this contention in writ petitions filed at a stage when the awards were about to be passed.16. further, in municipal corporation of greater bombay v. the industrial development investment co. pvt. ltd. and ors. : air1997sc482 , their lordships of the honourable apex court have held:where no objection was raised ..... by the requisitioning body are not maintainable. in support of their arguments, the learned counsel for the respondents have relied on a judgment of the honourable apex court in the municipal corporation of the city of ahmedabad v. chandulal shamaldas patel and ors. : (1971)3scc821 . in the above said judgment, the lands were notified for acquisition for the use of ..... the municipal corporation and when the said notification was quashed by the court, the municipal corporation, which was impleaded as fourth respondent before the high court, has appealed to the supreme court and the honourable apex court has held ..... 1mlj381 (cited supra), the division bench of this court, following the judgment of the honourable apex court in state of punjab v. sadhuram : (1997)9scc544 has held that 'after taking possession of the land, by operation of section 16 of the act, the right, title and interest of the erstwhile owners should extinguish and the government became absolute owner of the property .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-21-2007
Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247
..... exercisable under sections 3 and 4 of the [punjab gram panchayat] act (1952) respectively is legislative in character, the question that arises is whether the state government, while exercising that power, the rule of natural justice ..... vesting the person of civil consequences, the principles of natural justice should be adhered to. in the case of raj restaurant and anr. v. municipal corporation of delhi : air1982sc1550 , the supreme court held as under:wherein in order to carry on business a licence is required, refusal to give ..... such sequitur. the silence of a statute has no exclusionary effect except where it flows from necessary implication.20. in the case of state of punjab v. tehal singh and ors. : 1scr27 , the apex court enunciated the following principle:9. once it is found that the power ..... the principles of natural justice. reference can be made to the cases of maneka v. union of india (1978) 1 scc 48 and state of punjab v. gurdayal : 1scr1071 . the provisions of regulation 20(2) clearly indicates exclusion of principles of natural justice, at least at the initial ..... faulted. the respondents were not required to hold an independent inquiry where the petitioner should have been associated. the respondents, in fact, had acted very fairly by granting registration to the petitioner, and it was only at the post-verification stage that adverse reports were received, and the .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-29-2007
Reported in : ILR2008KAR326; 2008(1)AIRKarR247; 2008LabIC(NOC)233(Kar)
..... closure and inquire into the question whether the business was in fact closed down by the management.55. the supreme court in the case of municipal committee tauru v. harpal singh and anr. reported in 1998(80) flr 681 has held as under:even in labour matters a claimant ..... misconduct when the same is not stipulated so in the certified standing orders of the company. the supreme court in the case of state of punjab and ors. v. ram singh ex.constable reported in 1992 lab.i.c. 2391, had an occasion to consider what a misconduct means. ..... contending that these applications have become infructuous. of course the management has endorsed on the said memo by 'no objection'. the management cannot be blamed for this act.47. this court in the case of sri parushuram nemani kuduchakar, shahapur, belgaum and ors. v. smt. shantabai ramachandra kuduchkar, shahapur, belgaum and ors ..... 16. the supreme court in the case of rasiklal vaghajibahi patel v. ahmedabad municipal corporation and anr. reported in : (1985)illj527sc , has held that unless either in the certified standing order or in the service regulations an act or omission is prescribed as misconduct, it is not open to the employer ..... concerned four workmen.5. challenging the aforesaid order of dismissal all the four workmen raised industrial dispute under section 2a of the industrial disputes act. apprehending that similar disciplinary action may be taken against the other workmen the new office bearers of the union accusing that the settlement and .....Tag this Judgment!
Court : Delhi
Decided on : Feb-27-2007
Reported in : 2007(2)ARBLR256(Delhi)
..... the matter. (action: commissioner (mcd); commissioner (transport), cmd, (dtc).14. one thing is amply clear. the decision was taken at the level of the chief minister, in consultation with the municipal commissioner to:(i) upgrade the bqs int eh city with modern design; and(ii) they be given on but basis.it appears that with this purpose in mind, the chief ..... experts in the field. reliance was placed on the judgments of the supreme court in the case of orix auto finance (india) ltd. v. jagmander singh and anr. : (2006)2scc598 ; punjab communications ltd. v. union of india : 2scr1033 ; and narmada bachao andolan v. union of india and ors. : air2000sc3751 . it was also submitted that once public purpose was established, even ..... the specific relief act, 1963, submitted that none of the clauses mentioned therein could be attracted in the present case. in support, reliance is placed upon the judgment of a learned single judge of ..... terminate the contract without assigning any reason, by way of three months' notice, the dtc being instrumentality of the state under article 12 of the constitution of india, is to act fairly and there cannot be the termination of the contract without any justifiable cause. mr.chandhiok, learned senior counsel appearing for the petitioner, referring to provisions of section 14 of .....Tag this Judgment!