Court : Supreme Court of India
Reported in : AIR1993SC477; Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... backward classes and bring about an acceptance of the same by all the state concerned.' the hon'ble minister referred to certain difficulties the government was facing in implementing the recommendations of the commission on account of ..... stage of promotion. once appointed in a service, any further discrimination in matters relating to conditions of service, such as salary, increments, promotions, retirement benefits, etc. is constitutionally impermissible, it being the very negation of equality, fairness and justice ..... issued by the second backward classes commission, the state of assam, andhra pradesh, bihar, gujarat, karnataka, kerala, maharastra, punjab, rajasthan and uttar pradesh stated that caste should be used as one of the criterion for identifying backwardness. delhi, dadra ..... us illustrate the point. a member of backward class, say a member of carpenter caste, goes to middle east and works there as a carpenter. if you take his annual income in rupees, it would be fairly high ..... under the heading 'race, tribe or caste'. it is pointed out that when the said schedule was substituted in 1947, the basis of classification still remained the caste, though the heading 'races, tribes and castes' was removed. mr ..... united state citizens 'who are negroes, spanish-speaking, orientals, indians, eskimos and aleuts'. regulations were framed under the act and guidelines issued requiring the grantees and private contractors to seek out all available qualified bona fide minority business enterprises .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1953Cal188,57CWN767
..... service rules and regulations, that the order purported to have been made on the basis of confidential inspection notes, that the plaintiff sent petitions to the minister, civil supply department and a memorial to the governor but to no effect. the plaintiff then served a notice under section 80, civil procedure code. the plaintiff ..... the province of bengal. the material allegations in the plaint were that the plaintiff was appointed a rationing officer by the province of bengal on a salary of rs. 400/-per month, that his appointment was duly notified in the calcutta gazette by an order of the governor, that by a letter ..... present where the order of discharge is altogether void. i may refer in passing to the decision of the federal court in the case of the -- 'punjab province v. tara chand', 52 cal w n (fr) 2. i refrain from expressing any opinion on this question, as it is not necessary for ..... of temporary servants, an order of discharge could be made under section 241(2)(b), government of india act, 1935; but as no notice had been given, the plaintiff was entitled to one month's salary viz., rs. 400/-. 8. the learned subordinate judge further held that the plaintiff was not entitled to ..... was partitioned. by virtue of section 3, indian independence act, (10 & 11, geo vi c 30), the old province of bengal ceased to exist as from 15-8-1947, and in lieu thereof two new provinces, to be known as west bengal and east bengal, were constituted, 11. a question, therefore, arises as to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC1389; (1974)1SCC717; 1SCR173
..... of 1961, the result of which was that the petitioning college there ceased to be affiliated to the university constituted under the punjab university act of 1947 and was compelled to become affiliated to another university, the punjabi university under the act of 1961. the consequence was that, if this compulsory affiliation was valid, a notification of the punjabi university, declaring that punjabi ' ..... contribution to the development of science and humanities. in pre-independent india there were a number of unaffiliated and unrecognised educational institutions of good repute. one of our late prime ministers was a product of one of those institutions. the vast area of private sector employment would be open to students coming out of unaffiliated educational institutions, if they are ..... ) are, however, objected to as going much beyond the permissible limit.. . it is said that by taking over the collections of fees.. . etc. and by undertaking to pay the salaries of the teachers and other staff the government is in reality confiscating the school, for none will care for the school authority. likewise clause 11 takes away an obvious item ..... made it obligatory on all aided schools to hand over the fees to the government. clauses 9 to 13 made provisions for the regulation and management of schools, payment of salary to die teachers and the terms and conditions of their appointment. the bench which heard the reference consisted of 7 judges. six members of the bench speaking through das cj .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1965Cal570
..... endowments was statu-torily asserted and supervision of religious and charitable endowments was attempted to be vested in the government. by the time the charter act of east india company was renewed in 1833, the british had firmly entrenched themselves. in 1839 agitation was started in the united kingdom that the function of ..... the temple and the debottar house shall be repaired and rent and taxes of the debottar pro-perty shall be paid. out of the residue the salary of the priests and daily expenses of thedeb sheba and expenses on festivals shall be incurred according to the scale as i have been doing. ..... land ceiling, while certain other states like bihar have fixed a higher acreage as the ceiling area for these institutions. a few states like mysore, punjab and rajasthan have not exempted these institutions from the ceiling provisions at all. in certain states again, provision has been made in the relevant enactments for ..... federal court in chatturum v. commissioner of income-tux, bihar, reported in 1947 fcr 116 at p. 125: (air 1947 fc 32 at p. 35). 'the liability to pay the tax is founded on sections 3 and 4 of the income-tax act which are the charging sections''. sub-section (3) ol section 4 exempts ..... act and the question raised in the reference i accept the other view, namely, that the individual can only mean a natural person i.e., a living human being. the view i take, is supported by the decision of the canadian supreme court in the case of settled estates ltd. v. minister of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,1SCR686
..... not be popular with the party whips.the second complication is caused by a special aspect of parliamentary conduct which not frequently transcends party lines. members, who are neither ministers nor front-bench opposition spokesmen, do regard as an important part of their function the general scrutiny of governmental activity. this is particularly the role of select committees which ..... out of 210 defecting legislators of the states of bihar, haryana, madhya pradesh, punjab, rajasthan, uttar pradesh and west bengal, 116 were included in the council of ministers which they helped to bring into being by defections. the other disturbing features of this phenomenon were: multiple acts of defections by the same person or set of persons (haryana affording a conspicuous ..... of one year or till such time as he resigned his seat and got himself re-elected from appointment to the office of a minister including deputy minister or speaker or deputy speaker, or any post carrying salaries or allowances to be paid from the consolidated fund of india or of the state or from the funds of government undertakings in public ..... the medieval 'high court of parliament' in england, that a judicial power also devolved upon our parliament through the constituent assembly, mentioned in section 8 of the indian independence act of 1947. as already indicated by me, the constituent assembly was invested with law making and not judicial powers. whatever judicial power may have been possessed once by english kings, .....Tag this Judgment!
Court : Mumbai
Reported in : (1947)49BOMLR697
..... department. while it would, no doubt, be competent to his majesty by appropriate legislation to confer on his servant a right of action against his appropriate minister or department, the conference of such a right would be unusual, and one would expect to find it provided for in the most explicit terms. to ..... of clause (1) derived by a person from his employment whether on duty or on leave.23. it is clear that this section treats all salaries including salaries of servants of the crown as debts and as such liable to attachment. if the section had no proviso or explanation attached to it, its effect ..... would have been merely to continue the law as it had stood under act viii of 1859, that is to say that the whole of the salary of a public servant was liable to attachment but could be attached only after it had become payable. the effect ..... are no longer relevant the facts of this case are as follows: the respondent was appointed sub-inspector of police by the deputy inspector general of police, punjab, on january 2, 1911. on march 19, 1938, the superintendent of police, amritsar, an officer subordinate to the deputy inspector general of police, recorded ..... of any territories may be collected from treaties, charters, regulations, statutes or other circumstances was recognised in the mayor of the city of lyons v. the hon. east india co. (1836) 1 m.i.a. 175 et seq..20. in lucas v. lucas and high commissioner for india, pilcher j. had to consider .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1975P& H265
..... articles 226 and 227 of the constitution claiming a direction that a posting order be issued and the petitioner be paid full salary including the salary for the period of suspension. other consequential orders were also sought in this petition.25. before proceeding to examine the various aspects ..... supreme court in jagannath prasad v. state of uttar pradesh, air 1961 sc 1245, and moti ram deka v. general manager, north east frontier rly.. air 1964 sc 600. in the first of these cases, one of the rules relating to disciplinary proceedings provided that the ..... it was noticed that bo specific attention was paid to the subordinate iudiciary and neither the draft constitution prepared by the constitutional adviser in 1947 nor that prepared by the draftinp committee in 1948 contained any specific provision on the subject. the omission to orovide specifically for the ..... appears from the following observations-'however, we do not pursue this question further since, in the present case. government has agreed with and acted on the high court's 'recommendation' and moreover, the methodology of conflict resolution, when the view of the high court is unpalatable to ..... punjab on the recommendation of the high court. the principal question which had arisen for decision in this case was whether under article 234 of the constitution the appointment as well as termination of the services of the subordinate judges was to be made by the governor personally or on the aid and advice of the council of ministers .....Tag this Judgment!
Court : Chennai
Reported in : AIR1988Mad275
..... state of kerala had, at a party convention held by the kerala congress, in a speech aggressively exhorted for a punjab model agitation directed against the central government and three other ministers stood by him. in writ proceedings for a writ of quo warrant to it was contended that the speech undermined ..... of dishonourable conduct. mr herbert morrison moved a second motion that allighan be suspended from the service of the house for six months and his salary as a member of the house be suspended for that period. this was not accepted and it was i resolved that allighan be expelled ..... not in actions in the courts of law(see on this subject the observations of lord ellenborough and beylay, j. in burdett v. abt)ott. 14 east 1, 150, 151 and 160, 161), but by an appeal to the constituencies whom the house of commons represents.' stephen, j. who delivered the ..... elections, and conviction for certain crimes. under the heading other crimes' in chapter iii, it is pointed out that the statutory disqualification which the forfeiture act, 1870 imposes on any person convicted of treason previously extended to any person convicted of felony and sentenced to death, preventive detention or corrective training or ..... with them. action for breach of privilege was taken and the member was admonished.54. then in 1947 arose the case of mr. garry allighan, generally known as alligharfs case. on 16th april, 1947 mr. garry allighan, a member of the house of commons had written an article which was published .....Tag this Judgment!
Court : Chennai
Reported in : (1956)IILLJ347Mad
..... held that a suit by a sub-inspector of police to recover salary wrongfully withheld is governed by article 120. in the punjab province v. thara chand a.i.r. 1947 f.c. 23, it has been held that the article of the limitation act applicable for a suit for recovery of arrears of pay will be ..... the defendant, the province of madras, represented by the collector of tanjore, to pay the plaintiff the sum of rs. 9,071 as arrears of salary and allowance or damages up to the date of plaint and to direct the defendant to pay to the plaintiff till the date of his retirement ..... air1951all257 (2) a person must not be condemned unheard: reg v. huntingdon confirming authority (1929)1 k.b. 698; errinqton v. minister of health (1935) 1 k.b. 249; and horn v. minister of health (1937) 1 k.b. 164.(3) the decision must be made in good faith: marshall v. corporation of blackpool 1935 ..... of this case to the inspector-general of police and enclosed copies of the judgments of the joint magistrate of nagapattinam and of the sessions judge of east tanjore. he directed the deputy superintendent of police, nagapattinam, to give a personal hearing to the plaintiff and the sub-inspector ignatius, the head ..... examined as a witness and had no opportunity to meet the accusations that were levelled against him, though based upon reliable testimony, the learned sessions judge of east tanjore, mr. barter, who heard the appeals preferred by the accused, against their convictions and sentences in c.c. no. 296 of 1941, expressed .....Tag this Judgment!
Court : Mumbai
Reported in : (1972)74BOMLR320; 1972MhLJ618
..... servants and agents shall forbear from taking any action in furtherance of the said order dated july 21, 1971 and shall further pay to the petitioner his salary and all other emoluments, including the increments due, on the basis that he continued in service notwithstanding the impugned orders, as inspector of police.44. ..... claims to have held. in any event, the burden cast upon a person seeking to impugn such an act or decision is likely to be very difficult to discharge if the competent authority is a minister armed with the protection of crown privilege.37. after the publication of the book, there have been ..... of documents which are relevant to the issues in the suit.32. we do not find anything in the decision of the supreme court in state of punjab v. s.s. singh, to compel us to order the government to disclose all the confidential sources, which it has not chosen to disclose in ..... rajasthan high court in deciding the matter. he held by relying on the observations of lord greene, m.r., in picture houses v. wednesbury corporation  2 all e.r. 680.:where a statute confers a discretionary power on a certain functionary then there is no manner of doubt that the discretion ..... years' service to the government servants, and hence it was unreasonable; and(b) the enforcement of the rule resulted in punishing the government servants and easting a stigma on them as the rule was required by the circulars to be applied only when the work of the government servants was found unsatisfactory .....Tag this Judgment!