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Judgment Search Results Home > Cases Phrase: rationale Year: 1999 Page 47 of about 477 results (0.026 seconds)

Mar 06 1999 (HC)

Mahesh Muljibhai Mistre Vs. the State of Maharashtra and Others

Court : Mumbai

Decided on : Mar-06-1999

Reported in : AIR1999Bom404; 2000(2)BomCR846; 1999(3)MhLj844

ordern.p. chapalgaonker, j.1. this petition challenges the validity of section 51-1a and section 52 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965; and also of article 243-t(4) of the constitution of india.2. the terms of office of the chairperson of a municipal council was conterminous with the term of elected councillors. by maharashtra act no. 41 of 1994, the said term was reduced to one year. it is contended that, in most of the local bodies, the term of office of the chairperson is coterminous with the office of the members, and reducing such term in the case of municipalities in maharashtra would be unreasonable. the second proviso to section 52 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter referred to as 'the act'), which reads that, if a person is elected as a president to fill the casual vacancy of the office of the president, as provided in sub-section (8) of section 51, he shall continue in office of the president only so long as the person in whose place he is elected would have been entitled to continue, if such vacancy had not arisen. this proviso is also challenged on the ground that a person elected in a vacancy which is a casual one arising out of the death, or, resignation, removal, or, similar reason for removal of the president, would be entitled to continue only for the remainder of the term and he is denied opportunity to enjoy the office for the full .....

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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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Apr 05 1999 (SC)

Delhi Development Authority Vs. Skipper Construction and anr.

Court : Supreme Court of India

Decided on : Apr-05-1999

Reported in : 1999(3)SCALE11; (1999)6SCC18

order1. on 15th march, 1999, an order was passed by this court in this i.a. stating that prima facie, there was violation of the orders of this court by shri prabhjot singh sabbarwal and his wife harpreet kaur. we directed notice to be issued to the above said two persons and also directed the commissioner of police, new delhi to see that the notices were served on the abovesaid two persons. there was a further direction that shri prabhjot singh and harpreet kaur were to be present in this court today, the 5th of april, 1999 at 2 p.m. the commissioner of police was also directed to ensure the presence of the two persons today before this court.2. the office report dated 3rd april, 1999 shows that no compliance report has been received so far from the commissioner of police. however, the learned counsel appearing for smt. harpreet kaur submits that she is present in the court and on her behalf, time is requested for filing a reply to the show cause notice issued by this court. in the abovesaid order, we had also directed notice to be issued to m/s. shikha developers ltd., delhi. the office report shows that they have been served and their learned counsel seeks time to file counter affidavit.3. we grant two weeks time for filing counters.4. so far as prabhjot singh is concerned, he is not present in spite of the court's order, (though it was represented by a person who was present in the court that shri prabhjot singh was waiting outside for some time). be that as it may. he is .....

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Apr 08 1999 (SC)

Manoj @ Bhau and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Apr-08-1999

Reported in : AIR1999SC1620; 1999(1)ALD(Cri)744; 1999(1)ALT(Cri)231; 1999CriLJ2284; 1999(3)Crimes3(SC); JT1999(2)SC580; 1999(2)SCALE470; (1999)4SCC268; [1999]2SCR487

g.b. pattanaik, j.1. the three appellants, who are accused nos. 1, 2 and 3 respectively, along with 3 others who have not preferred any appeal were tried by the learned additional judge, nagpur in sessions case no. 70 of 1990 for the offences punishable under 147, 148 and 302 read with section 149 indian penal code on the allegation that they formed an unlawful assembly and mercilessly assaulted deceased raju by means of gupti, knife, hockey sticks and motor-cycle chain on account of which raju succumbed to injuries sustained by him. the learned sessions judge on the basis of the prosecution evidence convicted all of the under sections 147, 148 and 302 read with section 149 indian penal code and sentenced them to suffer r.i for one year and to pay a fine of no. 100/- and, in default of suffer r.i for one week for conviction under section 147, and for section 148 sentenced each one of them to suffer r.i. for two years and to pay a fine of no. 100/- each and, in default to suffer r.i. for one week and imprisonment for life for the conviction under section 302 read with section 149 ipc with the further direction that the sentences would run concurrently. against the conviction and sentences two criminal appeals were preferred; one by the present appellants which was registered as criminal appeal no. 237 of 1991 and the other by the rest 3 accused persons which was registered as criminal appeal no. 227 of 1991 and both the appeals were heard and were disposed of by the common .....

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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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