Court : Andhra Pradesh
Decided on : Apr-30-2007
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... 's case (supra), considered the effect of the amendment made to section 15 of the punjab pre-emption act 1913 by haryana act 10 of 1995 by substituting section 15 with a new provision. section 15 which originally stood gave right of pre-emption in respect of sale of agricultural land and immovable property to the co-sharers. when one of the co-sharers sold ..... into force, a view could be taken that the amendment applied retrospectively.45. in shyam sunder's case (supra), section 50 was introduced, by haryana act 10 of 1995, in the punjab pre-emption act, 1913. the amendment came into force during the pendency of the appeal. the questions which arose for consideration before the supreme court were whether the right and remedy of ..... case (supra), manohar lal v. vinesh anand : 2001crilj2044 ). when the legislative intent is found specific mention and expression in the provisions of the act itself, the same cannot be whittled down or curtailed and rendered nugatory (bharathidasan university v. all india council for technical education (2001) 8 scc 676). effect should be given to all the provisions and a construction that reduces ..... thereto. this is not to detract from the great weight to be given to the language actually used by that most distinguished judge....in home office v. dorset yacht co. (1970) 2 all er 294 (all er p.297g-h) lord reid said, 'lord atkin's speech... is not to be treated as if it were a statutory definition. it will .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-23-2007
Reported in : 2007(6)ALD421; 2007(3)ALT145
..... the absence of any statutory rules would general principles be applicable. there was no statutory rule determining inter se seniority. the punjab & haryana high court in exercise of its power of control under article 235 of the constitution had been determining inter se seniority of the ..... observations in b.s. yadav (22 supra). in a different factual context though, the constitution bench spelt out a principle of universal application pertaining to the limits of the jurisdiction of the high court in areas covered by statutory rules made under the proviso to ..... case the respondent was appointed to the post of senior chemical assistant, research (chemistry branch), a post in the subordinate agriculture service, group-i, through the public service commission. the eligibility criterion for consideration for the next higher promotion under the rules is ..... ors. : (1985)iillj309sc chief justice chandrachud, speaking for the majority observed (interpreting the provisions of the delhi higher judicial service rules, 1970), that it is difficult to appreciate whether any distinction can be made between direct recruitees who are appointed to substantive vacancies in the service ..... for ensuring that settled seniority is not disturbed. there are several public policy considerations subtrating such policy of discretion. employers and employees act upon a seniority list over a number of years and covering several employees. unsettling such positions would result in administrative chaos, inconvenience .....Tag this Judgment!