Court : Supreme Court of India
Decided on : May-08-2012
..... meritorious students. the principle of merit cannot be so blatantly compromised. this was also affirmed by this court in the case of muskan dogra & ors. v. state of punjab & ors. [(2005) 9 scc 186].b. mid-stream admissions are being permitted under the garb of extended counseling or by extension of periods for admission which, again, is impermissible.c. the ..... arbitrary and colourable exercise of power by the concerned authorities/colleges. 5. therefore, we hereby direct initiation of proceedings against the following under the provisions of the contempt of courts act, 1971. let notice be issued to the following, to show cause why they be not punished in accordance with law. a. additional secretary, ministry of health & family welfare, ..... process with full cooperation and coordination between the government of india, state government, universities, medical council of india or dental council of india and the colleges concerned. they shall act in tandem and strictly as per the prescribed schedule. in other words, there should be complete harmonisation with a view to form a uniform pattern for concerted action, according ..... , department of health and family welfare, state of chhattisgarh had been requested to personally look into whether the allegations made by dr. anil khakharia under the right to information act, as mentioned above, were correct. letters dated 6thaugust, 2010 and 24th august 2010 were also exchanged between the parties. in response to the letter of the dghs dated .....Tag this Judgment!
Court : Delhi
Decided on : Oct-19-2012
..... was relied upon which observed that when a judgment is delivered by a single judge exercising the jurisdiction inherited from the punjab high court under section 5 (1) of the said act then the appeal against it lies under clause 10 of the letters patent and on the other hand, when a single ..... law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court of punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of ..... law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court of punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of ..... and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the territories by the high court of punjab. (2) notwithstanding anything contained in any law for the time being in force, the high court of delhi shall also have in respect of the ..... that the appeal would be maintainable in view of these two provisions read together. the same is the reasoning in sahil singh vs. harpreet singh 118 (2005) dlt 350, crocodile vs. lacoste 2008 (100) drj 547 and magotteaux industries pvtl ltd. and ors. vs. aia engineering ltd. 155 (2008) .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-2012
..... as the constitution (andaman and nicobar islands) scheduled tribes order, 1959. further, amendments had taken place as and when parliament reorganized states, through separate acts, such as the bombay reorganization act, the punjab reorganization act, andhra reorganisation act, states reorganization act (which led to large scale modification of the 1950 and 1951 presidential orders). similarly, when new territories were incorporated into india, such as pondicherry, ..... state occurring therein. this was clearly explained by a constitution bench in t.m. kanniyan v. ito [air 1968 sc 637]. in new delhi municipal council v. state of punjab [(1997) 7 scc 339] the majority has approved the ratio of t.m. kanniyan and has held that the union territories are not states for the purpose of part xi ..... . delhi subordinate services selection board (2009) 15 scc 458 is not a binding precedent, because a larger, three judge decision in s.pushpa and ors. v. sivachanmugavelu and ors. 2005 (3) scc 1 (hereafter pushpa) had held that unlike in the case of states, union territories are within the administrative control of the union government, in view of the express ..... the ambit of expression state occurring therein. this was clearly explained by a constitution bench in t. m. kanniyan vs. income tax officer 1968 (2) scr 103 (air 1968 sc 367). in new delhi municipal council vs. state of punjab 1997 (7) scc 339 the majority has approved the ratio of t. m. kanniyan and has held that the union territories .....Tag this Judgment!
Court : Delhi
Decided on : Dec-21-2012
..... faridaba, meerut, vadodra, gurgaon and jaipur. he further states that they are seeking to open new hospitals one in haridwar in uttarakhand and the other somewhere in punjab. the defendants cannot be allowed to continue to take advantage of the reputation which the hospitals of the plaintiff enjoy amongst the public. any person coming across ..... institute. similar empanelment was given by punjab & sind bank on 18.12.1997, by canara bank on 17.12.1997 by nbcc on 22.09.1997, by indian oil corporation on 1.12.1998 ..... lucknow sometime in the year 2001 and they claim to be running a hospital under the name metro hospital & trauma centre at lucknow in the year 2005. the learned counsel for the defendants states that the first document using the name metro hospital which the defendant has been able to locate is a receipt ..... from time to time highlighting the surgery and procedure carried out in the hospital of the plaintiff. vide order dated 10.06.1997, chief commissioner of income tax granted exemption to metro hospital and heart institute of the plaintiff at noida. vide letter dated 19.12.1997, paradeep phosphates ltd. empanelled metro hospital and heart ..... ,894, 13,49,147 2002-2003 36,17,85,901 28,70,757 2003-2004 50,69,97,749 33,65,565 2004-2005 73,94,01,136 36,92,905 2005-2006 87,34,97,248 19,43,528 2006-2007 cs(os) 3289/2012 revenues 105,36,61,287 & 2007-2008 125, .....Tag this Judgment!
Court : Delhi
Decided on : Dec-17-2012
..... in the language she understood. neither dr. a.j.s. juneja nor mr. rakesh mathur claims to have read over the contents of the will dated 14.10.2005 to mrs. veera malhotra. the case of defendant no.1 is that though mrs. veera malhotra could sign in english, she was not capable of reading and understanding ..... be seen from the will dated 14.5.2001 that it bears the address of the textatrix as b-303, rishi apartment, alaknanda whereas in documents such as income tax return (ex.dw2/11), invoice of purchase of fridge (ex.pw1/15), club bills (ex.dw2/55) and the record of the hospitals, her address has ..... the disposition dated 13.08.1995, however, there is no evidence of any such impairment in the financial condition of the plaintiff. the plaintiff filed an income tax return of rs.7,45,000/- in 1997-98. it has also come in evidence that she owns flat at posh napean sea road in mumbai and flat ..... by whom such a plea is set up. (madhukar d. shende v. tarabai aba shedage (2002) 2 scc 85.sridevi and ors. v. jayaraja shetty and ors., (2005) 2 scc 784.) it was observed by supreme court in bharpur singh and ors. v. shamsher singh, (2009) 3 scc 687.that though deprivation of due share to ..... . 1 is a forged and fabricated document executed under threat, pressure and coercion. the plaintiff also alleges that defendant no. 1, on the pretext of handling income-tax and other matters of his mother, had obtained her signature on blank papers which were used to type the will dated 07.06.2002 after her death. smt. .....Tag this Judgment!
Court : Kerala
Decided on : Aug-13-2012
..... prosecutrix does not have a strong motive to falsely involve the person charged, the court should ordinarily have no hesitation in accepting her evidence."20. in state of punjab v. gurmit singh and ors., this court made the following weighty observations at pages 394-396 and page 403: "the court overlooked the situation in which a ..... has not completed the age of 16 as on the date of commission of the offence. in the decision reported in dileep singh v. state of bihar (air 2005 sc 203) it was held as follows: "penal code does not define 'consent' in positive terms but what cannot be regarded as consent under the code is ..... w.30 became the owners of thai resort only in 2008. if so, p.w.31 could not have issued ext.p53 appointment letter carrying a date in 2005. learned counsel went on to point out that the definite stand of p.w.30 was that at the relevant time he had nothing to do with thai ..... , the first incident is said to have occurred in the dead of night and in box p.w.1 has no case that after the first incident in 2005 and before taking her to thai resort in august, 2008, she was ravished by the first accused. this glaring contradiction and inconsistency was omitted to be noticed ..... 12. it is well settled that mere acquaintance does not mean instigation. no positive act is proved on the part of accused no.12 to show that he was an abettor to the offence. in the decision reported in ranganayaki v. state (air 2005 sc 418) it was held as follows: "the instigation must be with reference to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-18-2012
..... tribunals qua article 323a; jurisdiction to decide disputes is also conferred on other tribunals under several enactments such as the industrial disputes act, the income tax act, the stamp act, urban and agricultural lands ceiling legislation and sales tax enactments of several states. section 9 of the civil procedure code confers wide jurisdiction on courts to adjudicate all disputes of a civil nature ..... post; and administered a warning. this noting was however not communicated to the appellant. a day after this noting, the state of pepsu merged in the state of punjab. after merger, the file pertaining to the appellants departmental inquiry was processed. eventually the chief minister passed an order sustaining the order of dismissal from service. this ..... conferred adjudicatory dispensation. in the above factual matrix, invalidating the impugned memo would neither revive nor operationalise the inherently sterile, unauthorised and in executable memos dated 6.5.2005 and 31.7.2004, in any event. invalidating the impugned memo would resultantly be an exercise in futility. gadde venkateswara rao v. the government of a.p. ..... ), consequential remedies could be pursued. the writ petitions were allowed with the following directions: operative position of the judgment under appeal: (a) the impugned memo dated 21-05-2005, is set aside, as violative of principles of natural justice; (b) the government, in its revenue department, shall pass fresh orders, after issuing notice to the petitioners. .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-03-2012
..... the attribute of finality can be predicated in favour of a litigant on the institution of the action. by the very terms of section 5-b of east punjab act 14 of 1947, finality attaches to it on the making of the order. even if there be, in law, any such right at all as the ..... , and the amendment effected in sub-section (3) of section 11 by u.p. sales tax act 8 of 1954 which came into force on april 1, 1954 was not retrospective in character and could not apply to proceedings which had been initiated earlier before ..... against a judgement and order dated 22nd december, 2009 passed by the learned additional sessions judge, fast track 3rd court, malda in sessions case no. 50 of 2005 corresponding to g.r case no. 1922 of 2003 arising out of gazole p.s. case no. 182 of 2003 dated 13th december, 2003 by which ..... law as follows:- 8. it was lastly submitted by mr chagla that a reference to the high court under section 11 of the act at the instance of the commissioner of sales tax was incompetent as the commissioner was neither a dealer nor a person aggrieved within the meaning of the section as it originally stood ..... right subsequently conferred? reference in this regard may be made to the judgment in the case of delhi cloth and general mills company, limited vs. the income tax commissioner, delhi and another reported in air 1927 pc 242. this judgment was cited by mr. moitra, learned counsel appearing for the accused-respondent. in that .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-17-2012
..... issuance of above mentioned circular. the respondents therein were not given the benefit of both these changes. they filed writ petition before the high court of punjab and haryana claiming the benefits conferred by the notification dt. 9-7-1985 and the circular letter dt. 24-11-1988 basing their claim on the ..... be given effect from 1-1-1997. 9. the learned counsel for the respondent-company relied upon the judgment of the apex court in state of punjab v. boota singh (2000) 3 scc 733) for the proposition that the persons who retired after coming into force of these notifications are governed by ..... effect from 1-1-1997. claiming arrears, in view of wage revision, the writ petitioner approached the authorities by way of a representation dt. 18-1-2005. according to him, though he retired from service of the company after revision of wages, still he is entitled to the benefits of wage revision. by ..... to ksrtc, an autonomous corporation, subject of course to any direction that may be issued by the state government under section 34 of the act." the supreme court thus held that mere adopting of part iii of kerala service rules does not therefore shackle or control the power of ksrtc to ..... held that the said letter which was issued by the ksrtc amounts to a direction in terms of the section 34(1) of the road transport corporations act. the apex court while finding fault with the high court observed as under: "......the question of revision or enhancement of pension to its employees is left .....Tag this Judgment!
Court : Delhi
Decided on : Dec-13-2012
..... said respectively issued in property. respect of the property bearing municipal no.3/55, east punjabi bagh, new delhi.9. 20. a property tax receipt dated march 21, 2005 ex.dw-1/6 issued in respect of the shop bearing municipal no.48, khursheed market, sadar bazar, delhi. the receipt records that the ..... is affirmed and so is the decision with respect to issue no.4 i.e. that evidence does not establish a partition or the brothers having acted there-under. but with respect to the conclusion arrived at, the impugned judgment and decree is modified : declaring that the estate of the deceased consisting ..... . it may be true that the award cannot be enforced because it was not made a rule of the court, a requirement under the arbitration act 1940, but the contents of the award and the letter referring the dispute to arbitration establish beyond reasonable doubt that three shops and a residential house ..... or not? opd (1 to6) 3. whether the plaintiff is entitled to partition of the properties mentioned in the suit? opp 4.whether the parties had acted upon the family settlement, if any, and whether the parties are in possession of their respective shares? opd (1 to5) 11. in support of their case ..... municipal nos.17, 123 and 123-a, khursheed market, sadar bazar, delhi should be partitioned between the parties as per the provisions of hindu succession act, 1956.7. it would be relevant to highlight that defendant no.6 made no reference to any family settlement arrived at, as was pleaded by defendants .....Tag this Judgment!