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Judgment Search Results Home > Cases Phrase: rationale Year: 1999 Page 42 of about 477 results (0.011 seconds)

May 28 1999 (HC)

M.P. Jayashankar Vs. State of Karnataka and Others

Court : Karnataka

Decided on : May-28-1999

Reported in : 1999(5)KarLJ95

order1. the petitioner has sought for a writ in the nature of mandamus restraining the 3rd respondent-karnataka industrial areas development board (hereinafter referred to as 'the board') from filling up the post of development officer, treating the said post as a backlog vacancy and for a further direction to fill up the said post in accordance with the provisions of the karnataka industrial areas development board cadre and recruitment regulations (hereinafter referred to as 'the regulations') and for other reliefs.2. the petitioner joined the services in the board on 10-2-1982 as assistant engineer. thereafter, the petitioner, sri m. ramakrishnappa and the 4th respondent were selected and promoted as deputy development officers in the pay scale of rs. 2,200-4,070 by an order dated 19th october, 1989. in the select list the petitioner is at serial no. 1, whereas the 4th respondent is at sl. no. 3. consequent on the promotion, the petitioner and respondent 4 reported for duty on 20-10-1989 and 16-11-1989 respectively. the appointment of the petitioner and respondent 4 on promotion was confirmed by the board on completion of their probationary period satisfactorily.3. as per the regulations the next promotional post is that of development officer. the method of recruitment to the development officer as per the regulations is as follows.-'5. development officer:(a) by deputation 50% from public works department of the state government from the cadre of executive engineer;(b) .....

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May 26 1999 (HC)

Jata Shanker Misra and Others Vs. Benaras State Bank Ltd. and Others

Court : Allahabad

Decided on : May-26-1999

Reported in : 1999(3)AWC2416; (1999)IILLJ1090All

d.k. seth, j. 1. shri navin sinha, learned counsel for respondents at the outset has taken a preliminary objection that the writ petition is not maintainable. he further contends that the service condition of the petitioners is not governed by any statutory rules or regulations. the relation between the benaras state bank ltd. and the petitioners is that of an employer- and employee which is purely contractual. he also contends that in the case of writ petition no. 30753 of 1992, decided on 1.11.1995, vijay kumar v. general manager, benaras state bank ltd. andothers, division bench of this court had held that writ petition against the benares state bank ltd. is not maintainable. he produces copy of the said judgment.2. shri s.a. gilani, learned counsel for the petitioners contends that even though the benaras state bank ltd. is not a statutory authority and as such it is not a state within the meaning of article 12 of the constitution, yet it discharges public duty and there is an element of public function in the benares state bank ltd. and that if there is violation of principle of natural justice in relation to the condition of service of an employee, in that event, the writ jurisdiction can be invoked in order to establish his fundamental and non-fundamental rights. he relies on the decision in the case of air india statutory corporation etc. v. united labour union and others, jt 1996 (11) sc 109, in support of his contention. he had also addressed the court on the merit .....

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Aug 31 1999 (HC)

Vijay Pal Singh Vs. Vice Chancellor, Mahatma Jyoti-ba-phuley Roohelkha ...

Court : Allahabad

Decided on : Aug-31-1999

Reported in : 1999(4)AWC3267; (2000)2UPLBEC1170

a. k. yog, j.1. vijay pal singh, petitioner has filed this petition under article 226, constitution of india, praying a writ of mandamus commanding vice chancellor to release his marks sheet of b. a. part 1-1997 examination ; photostat of which has been filed as annexure-1 to the writ petition.2. at the outset, i would like to record that writ petition does not explain laches. the petitioner alleges that he filed certain representations before respondent no. 1. these averments do not inspire confidence.3. a counsel is under professional obligation both to the client and to the court. since counsel for the petitioner is relatively a junior advocate, i restrict myself by observing that he did not appear before court either on 30.8.99 or 31.8.99.4. there is no explanation why petitioner obtained certificate dated 7.8.1997 counter signed by inspector sanskrit pathshahala, u. p. allahabad on 29th september. 1997 (annexure-6 to writ petltion-p. p. 24 of the writ paper book). there is no explanation why petitioner obtained said certificate-signed by 'ved vrat arya' acharya-on 28.9.93 which is the date of mark sheet of poorva madhyma (annexure-1 to writ petition-pp 14 of writ paper book). petitioner has not disclosed the 'post office' the date when it is dispatched. no postal receipt is filed to support said averment. moreover when university had sent letter dated 12.9,97 of registered post. petitioner should have also sent representations by registered post. admittedly no .....

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Jan 21 1999 (SC)

A.K. Sarma and anr. Vs. Union of India anr.

Court : Supreme Court of India

Decided on : Jan-21-1999

Reported in : AIR1999SC897; JT1999(1)SC113; (1999)IILLJ387SC; 1999(1)SCALE98; (1999)2SCC178; 2000(1)SLJ257(SC); 1999(1)LC273(SC); (1999)1UPLBEC414

orders. rajendra babu, j.1. this appeal has been filed against the order of the central administrative tribunal, guwahati bench [hereinafter referred to as 'the tribunal'] dated august 3, 1995 in original application no. 54 of 1991. the brief facts leading to this appeal are as follows : 2. the first appellant was recruited as an office clerk in the year 1979 and posted under chief personnel officer, north frontier railway. he was promoted as senior clerk in 1981. the second appellant was recruited as clerk grade-ii and was posted to work under the financial advisor and chief accounts officer, north frontier railway, maligaon, guwahati. he was promoted as accounts assistant on april 1, 1988. a notification was issued on august 12, 1984 to fill the post of law assistant and applications were invited from the serving railway employees possessing a degree in law and having rendered five years service. the appellants offered themselves as candidates and participated in the written test in which they were declared to have been successful. they also took viva-voce examination. out of nine candidates three candidates were promoted as law assistants and two more candidates were promoted on ad-hoc basis. on january 30, 1987 a provisional seniority list of law assistants in grade rs. 1600-2660/- was published and the names of the law assistants as stated above were shown. that position was repeated and the appellants claimed that they were also promoted to the post of law assistant on .....

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Jul 19 1999 (SC)

M/S. Lokmat Newspapers Pvt. Ltd. Vs. Shankarprasad

Court : Supreme Court of India

Decided on : Jul-19-1999

Reported in : AIR1999SC2423; 1999(3)ALLMR(SC)701; JT1999(4)SC546; (1999)IILLJ600SC; 1999(4)SCALE109; (1999)6SCC275; [1999]3SCR907; 2000(2)SLJ144(SC); 1999(2)LC1201(SC)

orders.b. majmudar, j. 1. leave granted.2. we have heard learned counsel for the parties finally in this appeal. it is being disposed of by this judgment.3. the question involved in this appeal at the instance of the appellant-management pertains to the legality and validity of the discharge of the respondent-employee and also calls for the decision as to whether the said discharge order amounted to 'unfair labour practice' on the part of the management. a few relevant facts are required to be noted at the outset.introductory facts:4. the respondent was working in the composing department of the appellant at nagpur in maharashtra state when his services were terminated. he was a foreman in the composing department of the appellant. the appellant is a company engaged in the publication of a marathi daily named 'lokmat'. the appellant has its registered office at nagpur and lokmat is being published therefrom. in the year 1976, the appellant-company decided to start publication of jalgaon edition of the said paper and for that purpose set up an establishment at jalgaon in the eastern district of maharashtra state. the jalgaon edition was composed and printed at nagpur and was taken to jalgaon. the composing of both the editions was done by hand composing and printing was done on rotary printing machine. in 1978, the appellant decided to have composed and printed part of the jalgaon edition at jalgaon. since then the jalgaon edition was composed and printed partly at jalgaon and .....

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Jul 27 1999 (SC)

The Board of Trustees for the Visakhapatnam Port Trust Vs. the State o ...

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2552; JT1999(5)SC151; 1999(4)SCALE261; (1999)6SCC78; 1999(2)LC1352(SC)

orderd.p. wadhwa, j.1. a common question of law in both these appeals is : if the board, i.e., board of trustees of visakhapatnam port trust is exempt from taxation under article 285 of the constitution from levy of property tax by the visakhapatnam municipal corporation, constituted under visakhapatnam municipal corporation act, 1979 (civil appeal no. 1810 of 1988) and also from levy of non agricultural land tax by the visakhapatnam mandal under the non-agricultural lands assessment act, 1968. contention of mr. kailash vasudev, learned counsel appearing for the board is that the properties are not owned by the board and the vesting of the properties in the port trust is only for the purpose of administering them and they in fact remained the properties owned by the union of india and thus exempt from taxation under article 285 of the constitution. under this article property of the union of india is exempt from all taxes imposed by the state or by any authority within a state.2. the board of visakhapatnam port trust is constituted under the major port trust act, 1963. constitution of the board is described in section 3 of the act. under section 5 board shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold or dispose of property and may by name by which it is constituted, sue or to be sued. chapter iv of the act deals with 'property and contracts'. under clause (a) of section 29 all property .....

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Jul 27 1999 (SC)

East City Defence Personnel Welfare Association Vs. State of A.P. and ...

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2590; JT1999(5)SC145; 1999(4)SCALE262; (1999)6SCC130; 1999(2)LC1348(SC)

orderm. jagannadha rao, j.1. leave granted.2. this appeal has been preferred by the appellant - association - which consists of defence personnel - against the judgment of the division bench of the andhra pradesh high court in w.a. no. 1251/97 dated 2.3.98 whereby the judgment of the leaned single judge in w.p. no. 6468/97 dated 29.7.97 was affirmed. in this appeal, the appellant - association is aggrieved by the judgment of the learned single judge as affirmed by the division bench to the extent that the court enabled 5th respondent (andhra pradesh bhoodan board) to act as receiver in regard to the properties which are the subject matter of the writ petition.3. for the purpose of understanding the dispute in this appeal, it is necessary to refer briefly to the various proceedings taken out by the parties earlier namely, o.s. 238/89, pending before the iind additional judge, city civil court, hyderabad, judgment dated 3.12.92 of the learned single judge of the high court of hyderabad in w.p. 9211/90, judgment of another learned single judge of the high court dated 29.1.97 in w.p. 8280/95, w.p. 22745/94 which is said to be pending in the high court and finally the judgment dated 29.7.97 in w.p. 6468/97 out of which the writ appeal which is the subject matter of this appeal has arisen.4. we shall refer to the above proceedings to the extent necessary to highlight the limited issue that arises in this appeal before us.5. a landlord named chatur girijee of rangapur village .....

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Nov 01 1999 (SC)

V.K. JaIn Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-01-1999

Reported in : [2000]100CompCas827(SC); (2000)126PLR366; (2000)1SCC709

1. this writ petition filed under article 32 of the constitution for quashing various prosecution proceedings launched against this petitioner for the offence under section 138 of the negotiable instruments act merely on the ground that petitioner is unable to go to all the different courts where the cases are pending. he contends that he was not participating in the affairs of the company which issued the cheques. it is a defence which he can adopt in the prosecutions. but merely raising such a contention now is no ground for quashing the prosecutions.2. all the same, considering the plight of the petitioner in defending prosecution proceedings instituted at various places in india on the strength of the cheques issued by the company of which he was the director, we permit the petitioner to move the court concerned (before which the prosecution is pending in any of the cases) for exempting him from personal appearance. this can be done only after making the first appearance in the court concerned. if any such application is filed by the petitioner, we direct the court concerned to exempt him from personal appearance on the following conditions:1. a counsel on his behalf would be present in the particular court on days when his case is taken up;2. he will not dispute his identity as the accused in the case.3. he will be present in court when such presence is imperatively needed.with the aforesaid reliefs granted to the petitioner we dispose of the writ petition.

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Jan 12 1999 (SC)

S.S.M. Brothers (P) Ltd. and ors. Vs. Commissioner of Income Tax (Cent ...

Court : Supreme Court of India

Decided on : Jan-12-1999

Reported in : (2000)161CTR(SC)177; [2000]243ITR418(SC); (1999)3SCC229

order1. these appeals by special leave impugn the correctness of the view taken by a division bench of the high court at madras in tax case no. 146 of 1979 (see : [1985]155itr794(mad) and followed in tax case no. 140 of 1980. the questions before the high court were (page 796) :(1) whether, on the facts and in the circumstances of the case, it has been rightly held by the tribunal that the assessee was entitled to the higher rate of development rebate at 35 per cent, under section 33(1)(b)(b)(i) in respect of the machinery used by it in its business ?(2) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee-company was engaged in the construction, manufacture or production of the textiles (otherwise processed) so as to be entitled for the higher rate of development rebate ?2. the tribunal in its order had stated that the assessee-appellant purchased cloth and on that cloth embroidery work was done with the aid of imported machines. in some cases the cloth was thereafter dyed again to obtain an uniform colour. it said that, 'after the embroidery finished product is something which in the realm of textile would be considered to be cloth entirely different from the basic cloth on which such embroidery work was done'. upon this basis it came to the conclusion that the asses-see was entitled to the benefit of development rebate at an enhanced rate under the provisions of section 33(1)(b)(b)(i) of the income-tax act, 1961. .....

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Sep 28 1999 (SC)

Abid Hatim Merchant Vs. Janeb Salebhai Saheb SaifuddIn and ors.

Court : Supreme Court of India

Decided on : Sep-28-1999

Reported in : 2000(1)SCALE407

order1. leave granted.2. the appear arising out of special leave petition being slp (c) no. 7393 of 1994 to stand disposed of by consent of parties in the manner following:1. the orders of the city civil court at bombay in charity application no. 18 of 1976 dated 5.8.1991 and 22.10.1991 as modified by the order of the bombay high court dated 15th july, 1993 in letters patent appeal no. 103 of 1991 stand confirmed subject to the following:2. (a) twenty three (23) beds in the proposed saifee hospital shall be reserved for the dawoodi bohra community (inclusive of beds provided under the orders mentioned in para (1) above.(b) seven (7) beds in the proposed saifee hospital shall be reserved for those persons who claim to be dawoodi bohras but have not given misaq to the head priest of the dawoodi bohra community. (dai-ul-mustaq).(c) the persons covered under (a) and (b) above, shall be entitled to free beds facilities on the same lines as being provided by the state government in terms of section 41aa of the bombay public trust act, 1959.for those, however, who do not fulfill the criteria prescribed by the state government under section 41aa of the said act. their entitlement pertaining to concession if any, shall be determined by the trustees of the saifee hospital trust.(d) the directions as above and incorporated in these consent terms are in the peculiar facts of the matter in issue and the same shall not be treated as a precedent on any count whatsoever in any other case or .....

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