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Others Judgments and Orders

Proviso to Article 311(2) of the Constitution of India

 07 April 2011

The present appeal is directed against the judgment and order dated 27.09.2010 whereby the Delhi High Court partly Page 1 of 18 allowed the writ petition filed by the respondent herein by issuing a direction to the appellants to pass a speaking order..

Posted in Others |   8356 hits

Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985

 07 April 2011

This criminal appeal has been preferred against the judgment and order dated 19.5.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1711-SB/2005, by which the High Court has affirmed the judgment and order dated..

Posted in Others |   5988 hits

Chapter IVA of the Railways Act, 1989

 07 April 2011

The first respondent filed W.P.No.14945/2010 for quashing the award dated 8.2.2010 and for a declaration that the entire acquisition proceedings stood lapsed under section 20F(2) of the Act, as the award was not made within one year from the date of ..

Posted in Others |   2516 hits

Indian Council for Agricultural Research (hereinafter referred to as `ICAR')

 07 April 2011

The controversy in this appeal pertains to the promotion to the post of Principal Scientist under the "Career Advancement Scheme" formulated by the Indian Council for Agricultural Research (hereinafter referred to as `ICAR'). There are two streams fr..

Posted in Others |   3349 hits

Articles 14 and 16 of the Constitution of India

 07 April 2011

The respondent has a degree of B.A.M.S.(Bachelor of Ayurvedic Medicine and Surgery). She alleged in her writ petition filed in the High Court that she had all the requisite qualifications to be appointed as Medical Officer in the U.P. State Services...

Posted in Others |   8246 hits

Drugs (Price Control) Order, 1970 [in short, "DPCO 1970"]

 07 April 2011

The issues that arise for our consideration and decision in this appeal are :- i. Whether the Central Govt. was justified in issuing a demand based on Drug Prices fixed on 02.01.1989, instead of drug prices fixed on 20.11.1986. ii. Whether the Ce..

Posted in Others |   4391 hits

Tirumala Tirupathi Devasthanam Act, 1932 (in short `TTD Act')

 05 April 2011

This appeal by special leave is directed against the judgment of the High Court of Andhra Pradesh at Hyderabad rendered in Writ Petition No. 24124 of 2009 dated 28th April, 2010 whereby the High Court set aside the extension granted to the appellant ..

Posted in Others |   8259 hits

HC took suo motu action on basis of some information which has not been disclosed in impugned order

 05 April 2011

The High Court took suo motu action on the basis of some information which has not been disclosed in the impugned order. The cause title in the impugned judgment reads: "Court on its own motion vs. State of Maharashtra through its Secretary, Educatio..

Posted in Others |   2957 hits

Section 29A of the Representation of the People Act, 1951

 28 March 2011

The common challenge in these eleven Writ Petitions and three Special Leave Petitions is to the provisions of Paragraph 6A(i) & (ii), Paragraph 6B(A)(ii), Paragraph 9(a) and (b), Paragraphs 10A, 11, 12(1)(c) and Paragraph 12(3)(a) of the Election Sym..

Posted in Others |   3732 hits

Rule 27(c) of the Kerala State and Subordinate Services Rules, 1959

 28 March 2011

Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment/order of the Full Bench of the High Court of Kerala at Ernakulam dated 24th May, 2006 passed in Writ Appeal No. 1774 of 2003. By that judgment the writ ap..

Posted in Others |   9100 hits

Section 29 of the State Financial Corporations Act, 1951

 21 March 2011

The Kerala Financial Corporation (in short "the KFC"), a Public Sector Undertaking, is a State Financial Corporation. On 24.10.1977, a loan of Rs.50 lakhs was sanctioned by the KFC to a firm called Cable India (hereinafter referred to as "the Firm") ..

Posted in Others |   3718 hits

Delhi Development Authority Vs. Ram Prakash

 21 March 2011

The respondent herein, along with his mother and wife, purchased a property in No.7, Community Center, East of Kailash, New Delhi, in an open auction conducted by the DDA on 10.8.1969. Possession of the plot was made over to the purchasers on 5th Mar..

Posted in Others |   3370 hits

Construction Workers' Welfare Cess Act, 1996

 21 March 2011

The petitioner has impleaded the Union of India and all the 36 States/Union Territories as party-respondents to the present petition. This Court, vide its order dated 28th July, 2006 issued notice to all the respondents. Some of the States and the Un..

Posted in Others |   6407 hits

Full Court recommended for invocation of the proviso (b) to Article 311(2) of Constitution of India

 16 March 2011

The appellant herein challenged the legality of the aforesaid order before the Jharkhand High Court by filing a writ petition contending inter alia that the High Court does not have any power to dispense with an enquiry as envisaged for the purpose o..

Posted in Others |   3568 hits

Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985

 16 March 2011

The appellant Jagdish Rai, along with another accused Ajaib Singh is convicted under section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short “the Act”) and sentenced to 10 years’ rigorous imprisonment and a fine of Rs.1 lak..

Posted in Others |   2586 hits

State of Uttar Pradesh & Ors. Versus J. P. Saraswat

 16 March 2011

The respondent, a veterinary surgeon, was in the service of the State Government of Uttar Pradesh. On December 23, 1991, he made an application for no-objection certificate for obtaining visa for going to the United States of America. The no-objectio..

Posted in Others |   2555 hits

Court under the provisions of Article 32 of the Constitution of India

 16 March 2011

. The petitioner has approached this Court under the provisions of Article 32 of the Constitution of India with a prayer that the respondents be directed not to demolish Shop No. D/4, Peeragarhi Relief Camp, New Delhi-56 till another shop is given to..

Posted in Others |   3150 hits

National Council for Teacher Education Act, 1993

 14 March 2011

The facts very briefly are that the Government of Bihar in the Department of Human Resource Development granted temporary recognition to the Champaran Physical Training College (for short ‘the College’) for C.P.Ed. (Certificate of Physical Education)..

Posted in Others |   2954 hits

Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices

 14 March 2011

The facts of the case are that the petitioners filed complaints under section 28 read with items l (a)(b), (d) and (f) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, l97l (hereinafter refe..

Posted in Others |   9555 hits

Ramdeo (D) by LRs. & Ors. Versus Board of Revenue, U.P. & Ors.

 14 March 2011

Being aggrieved by an order dated 5th November, 2003 passed in Writ Petition No. 7435 of 1979 by the High Court of Judicature at Allahabad, this Special Leave Petition has been filed by the heirs of the Original Plaintiff, who had filed a suit for a ..

Posted in Others |   2926 hits