Part 7 of Sentences

< Previous Part Then there were three other public meetings claimed by the petitioner to havebeen held by the first respondent, namely one at 290 Katra Karim on 17th February, 1971, the other at Chuna Mandi near Imperial Cinema on 17th February, 1971 and the third at Tel Mandi on 19th [...]

< Previous Part But with the settlement of the society to peace and order and the recognition and enforcement by some superior power of the mutual rights of the people, the idea of family relationship received a better refinement and definition, and all the sons excepting the Aurasa, the [...]

< Previous Part We shall first take up for consideration Issue No. 6(c) which concerns the publication of seven advertisements, which according to the election petitioners were issued by the election agent of Respondent No. 1, Shri Sudhakar Deshmukh and Published on 18.6.1991 in Lok Mat, Lok [...]

< Previous Part 32 of the Constitution? Counsel for respon1120 dents 5 and 6 and through them the Sunni community contended that such an order is a judicial or quasi-judicial order passed by a Magistrate's Court after hearing parties (except in cases of emergency when it is passed ex-parte [...]

< Previous Part  Before we proceed to consider what procedure should be followed by the court in dealing with an application for appointment of a foreigner as guardian of a child, we may deal with a point of doubt which was raised before us, namely, whether the social or child welfare [...]

< Previous Part Learned Advocate-General also insisted that there is no fundamental right in the business of liquor; and that Rectified Spirit is nothing but alcohol which can be diluted and rendered fit for human consumption by additions of certain substances. It can also be utilised for [...]

< Previous Part iii) The doctrine of severability seeks to ensure that only that portion of the law which is unconstitutional is so declared and the remainder is saved. This doctrine should be applied keeping in mind the scheme and purpose of the law and the intention of the Legislature and [...]

< Previous Part An unamendable constitution, said Mulford, is the &&worst tyranny of time, or rather the very tyranny of time But he also notices The provision for amendment should be neither so rigid as to make needed changes practically impossible nor so flexible as to encourage [...]

< Previous Part Two points of substance were put before us by Mr. Tarkunde on behalf of the petitioners. The first point was that the Government of Punjab had throughout (a) sought to treat and treated both sections of teachers (provincialised cadre and State cadre teachers) as equal; (b) that [...]

< Previous Part  The basic rule of construction in these matters, as observed in Vrajlal Manilal & Co. & Ors. v. State of Madhya Pradesh & Ors.(1) is that a mere literal or mechanical construction is not appropriate where important questions such as the impact of an exercise [...]

< Previous Part As pointed out by Kania, C. J.,at p. 121 quoting Lord Finlay in Rex v. Halliday [1917] UKHL 1; (1917) A. C. 260, 269, the courtwas the least appropriate tribunal to investigate into circumstances of suspicion on which such anticipatory action must be largely based. But in that [...]

< Previous Part It is for the State to decide whether it should pay market price and buy or resort to Article 31 (2) and pay an amount which may be administratively feasible but less than the market price. It may take on hire and not buy at all, it may requisition without paying full [...]

< Previous Part in the language of Lord Denning M.R. in Regina v. Gaming Board, exparte Beniam that heresy was scotched in Ridge v. Baldwin (2) The second question, however, as to what are the principles of natural justice that should regulate an administrative act or order is a much more [...]

< Previous Part The decision in Emperor v. Jorabhai(1) was followed in Emperor v. Koya Partab(2) which extended the same principle to an appeal which had been presented from jail and was summarily dismissed under section 421 of the Criminal Procedure Code. While dismissing the same the Court [...]

< Previous Part  47. In Rajasthan Housing Board v. Shri Kishan (supra), this Court set aside the judgment of the majority of Full Bench of the High Court, which had quashed the acquisition of 2570 bighas land by the State Government by invoking Sections 17(1) and 17(4) of the Act for the [...]

< Previous Part If we now refer to the provisions of law relating to notice of meetings and business of the Mahapalika and its committees it is apparent that these provisions were not adhered to. There is no authority with the Mahapalika to constitute High Power Committee and to delegate its [...]

< Previous Part  57.It has been established by the evidence discussed above that A- 1 was the leader of the gang which indulged in illicit arrack and brothel business which are unlawful and most harmful to the society. He was responsible for spoiling the life of many girls. He used to [...]

< Previous Part (4) Excess payment of Rs. 98.88 lakhs to Messrs Balaji Engineering Company, in Hemavathi Project, in contravention of the terms of the contract with a view to favouring the contractor; (5) Under favour shown to Messrs Nechipadam Construction Company in Hemavathi Project, by [...]

< Previous Part That in clause (1) of Article 143, after the word 'head a comma be placed and the words 'who shall be responsible to the Governor and shall' be inserted and the word to' be deleted. So, that the amended Article would read. (1) There shall be a Council of [...]

< Previous Part  4 notifications which would have otherwise lost their efficacy and validates acquisitions including orders and see. 6 declarations purported to have been made on the basis of such sec. 4 notifications. Section 4, however, does not contain any provision retrospectively [...]

< Previous Part  We are clear that public orders, publicly made in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, or of what was in his mind, or what he intended to do. Public orders [...]

< Previous Part 37. Ms. Indira Jaising as mentioned hereinbefore on behalf of some other victims drew out attention to the background of the passing of the Act in question. She drew our attention to the fact that the Act was to meet a specific situation that had arisen after the tragic [...]

< Previous Part The assessee cannot escape liability to tax by omitting to make an entry or making a wrong entry in the accounts. The date of taxability of income 70 is the date when the appropriate entries are made or should be made in the accounts in accordance with the method of accounting [...]

< Previous Part The Act was intended to suppress bribery and corruption in public administration and it contains stringent provisions. Section 4 raises presumption unless the contrary is proved by the accused in respect of offence punishable under section 161 or section 165 of the Indian Penal [...]

< Previous Part  This is quite rational and understandable. One cannot be heard to say that he would not insist upon an inquiry in which he can participate which is his right, and then turn round and contend that failure to hold the inquiry in accordance with the principles of natural [...]

< Previous Part The proceedings of the meeting of the Board of Directors with respect to the confirmation of the purchase and sale of securities do not mention that action was taken on the basis of the office notes. Minutes with respect to other matters do refer to the office notes. This does [...]

< Previous Part  The High Court proceeded on a wrong premise to hold that the tax is levied only on the maximum demand, i.e., on the energy consumed. It is now accepted that the maximum demand indicator installed in a factory premises of a consumer of High Tension electrical energy shows [...]

< Previous Part Dr. Singhvi cited before us the well known decisions of this Court in Rohtas Industries Ltd. v. S.D. Agarwal, [1968] INSC 119; [1969] SCR 108; Barium Chemicals v. A.G. Rana, [1972] 2 SCR 752 and Mohinder Singh Gill v. Central Election Commission, [1978] 2 SCR 273 to urge that [...]

< Previous Part There is a natural temptation for people in executive position to regard the interest of the department as paramount forgetting that there is yet another Greater interest to be considered, namely, the interest of justice itself. Inconvenience and justice are often not on [...]

< Previous Part Our attention was invited by the Attorney-General to a large number of decisions of the Courts 82 in India and England in support of his plea that in the absence of a statutory provision a Judge is not prohibited from sitting in an a appeal or in an application against his [...]

< Previous Part 166. She then identified the appellant as the butka man who, along with his tall partner, had entered the Cama Hospital premises by jumping over its back gate. She identified the tall partner of the appellant from the photograph on the identity card, Article 61. She further [...]

< Previous Part 100. With reference to Article 29(2), the Court observed at page 1055, while dealing with an argument based on Article 337 that likewise Article 29(2) provides, inter alia, that no citizen shall be denied admission into any educational institution receiving aid out of State [...]

< Previous Part  A true judicial decision presupposes an existing dispute between two or more parties, and then involves four requisites :-(1) The presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between them is a question of fact, the [...]

< Previous Part 1. (2) It shall come into force on such date as the Provincial Government may, by notification in the Official Gazette, appoint in this behalf. 3. The Provincial Government may, by notification in the Official Gazette, establish for the Greater Bombay a Court, to be called the [...]

< Previous Part Davis in Principles of International Double Taxation Relief , points out that the main function of a Double Taxation Avoidance Treaty should be seen in the context of aiding commercial relations between treaty partners and as being essentially a bargain between two treaty [...]

< Previous Part The High Court however, fell into an error in splitting up the policy decision dated 30th December 1984 into two parts, one part relating to the grant for construction of new distilleries by the existing contractors and the other part relating to the grant of licences for [...]

< Previous Part 735 The English law on the doctrine of tenure at pleasure has now become fairly crystallized. Under the English law, all servants of the Crown. hold office during the pleasure of the Crown. The right to dismiss at pleasure is an implied term in every contract of employment [...]

< Previous Part 1. The criminal law of the Raj vintage has lost some of its vitality, notwithstanding its formal persistence in print in the Penal Code so far as s. 302 I.P.C. is concerned. In the post-Constitution period s. 302 I.P.C., and s. 345(3) of the Code of Criminal Procedure have to [...]

< Previous Part In addition to the above submission, reliance was placed on the dictum laid down in R.K. Dalmia v. Justice Tendolkar, [1959] SCR 279 at pages 296-297 holding, In order to pass the test of permissible classifications two conditions must be fulfilled, namely (i) that the [...]

< Previous Part Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the [...]

< Previous Part The Validity or otherwise of the orders of purchase made under s. 18 by the Collector in favour of Amar Singh and Indraj will be discussed a little later, at its appropriate place. Suffice it to say here, that in view of the law settled in Sahib Ram's case (supra), Amar [...]

< Previous Part The other alternative clause suggested by Shri M.Ananthasayanam Ayyangar was that a judge of the Supreme Court may be removed from office by the President on the ground of misbehaviour or of infirmity of mind or body, if on reference being made to it (Supreme Court) by the [...]

< Previous Part Mr. A.K. Ganguli controverted Mr. Sen's contention in this respect; he argued that Entry 3 of the Union List does not contemplate the levy of taxes by Parliament. With respect to Entries 47 & 54, he argued that these entries would be covered by Article 289(2) of the [...]

< Previous Part  43. The principles which emerge from the aforesaid decisions are that no man can be a Judge in his own cause and justice should not only be done, but manifestly be seen to be done. Scales should not only be held even but it must not be seen to be inclined. A person having [...]

< Previous Part  This apart, the application of Rota system at the stage of confirmation is beset with practical difficulties. For example, if vacancies in the quota of direct recruits cannot be filled for 2 or 3 years for the not uncommon reason that direct recruits are not available, [...]

< Previous Part 7.2 India has suffered in the past because of severe under investment in higher education. This has been caused partly by the thinking that looks at primary and higher education in an either or manner. It is very clear however that large public investment is needed in both [...]

< Previous Part The argument based on the provision of the Acts relating to Reorganization of States does not carry the matter further at all. Obviously, at the time of creation of new States, the existing members of the Council of States had to be allocated to the old or new States. This was [...]

< Previous Part Counsel submitted that the deceased was a hapless lady; qua her, the appellant was in a dominating position; the appellant always ill-treated her and refused to acknowledge her as his wife though she was residing with him; his plea was held to be false; he showed no remorse [...]

< Previous Part Yet the nature of the purpose controls in some degree the mode which is open for carrying it out. If the purpose is charitable in reality, the mode adopted must be one which is directed to carrying out the charitable purpose. It would include, in my opinion, a business engaged [...]