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India

This tag is associated with 357 posts

Education – All India Institute of Medical Sciences (AIIMS) – allegations that the ALLMS is not strictly adhering to the reservation policy – Apex court dismissed the writ as there is no merits in allegations = Samta Aandolan Samiti & Anr. …..Petitioners Vs. Union of India & Ors. …..Respondents = Published in/Cited in / Reported in judis.nic.in/supremecourt/filename=41069

Education – All India Institute of Medical Sciences (AIIMS) – allegations that the ALLMS is not strictly adhering to the reservation policy  – Apex court  dismissed the writ as there is no merits in allegations =        The petitioners have approached  this  Court  by  way  of  filing  the   present Writ Petition filed under … Continue reading

Contempt of court – 2 G spectrum scam – Respondents attempted to interfere with an investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable = Rajeshwar Singh …Petitioner Versus Subrata Roy Sahara & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41054

Contempt of court – 2 G spectrum scam –  Respondents attempted to interfere with an     investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable =   Whether the contempt petition is maintainable =    This   contempt  petition  has  been  preferred  under  Article  129, … Continue reading

Jurisdiction of TDSAT -Challenge to the Regulations framed under sec.36 of Telecom Regulatory Authority of India Act for rapid developement of Telecommunication – Apex court held that TDSAT has no jurisdiction – view taken by TDSAT and the Delhi High Court does not represent correct law. – aggrieved person shall be free to challenge the validity of the regulations framed under Section 36 of the Act by filing appropriate petition before the High Court. = Bharat Sanchar Nigam Limited … Appellant versus Telecom Regulatory Authority of India and others … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41056

Jurisdiction of TDSAT -Challenge to the Regulations framed under sec.36 of Telecom     Regulatory Authority of India Act for rapid developement of Telecommunication – Apex court held that TDSAT has no jurisdiction – view taken by TDSAT and  the Delhi High Court does not represent correct law. – aggrieved person shall be free to challenge  the  validity of the … Continue reading

Service matter – Appointment for the post of District judge – whether a public prosecutor is eligible for the post of Judiciary – Apex court held yes = Lakshmana Rao Yadavalli & Anr. …..Appellants. Versus The State of Andhra Pradesh & Ors. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41050

Service matter – Appointment for the post of District judge – whether a public     prosecutor is eligible for the post of Judiciary – Apex court held yes =       whether   a   Public   Prosecutor/Assistant    Public           Prosecutor/District  Attorney/Assistant  District   Attorney/Deputy       … Continue reading

Minimum age limit for appointment of District & Sessions Judge in A.P. = no minimum age limit = it was not necessary for the appellant to have completed the age of 35 years for being appointed to the post in question as there is no provision in the Andhra Pradesh State Judicial Service Rules, 2007 = Sasidhar Reddy Sura …..Appellant Versus The State of Andhra Pradesh & Ors. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41044

 Minimum age limit for appointment of District & Sessions Judge in A.P. = no minimum     age limit =  it was not necessary for the appellant to have completed the age of           35 years for being appointed to the post in question as there is no         … Continue reading

Land acquisition Act – Under sec.51 A no court can discard the comparable registered sale deed merely because no one belongs to the sale deed not examined = ] Court should considered the highest sale value if not discard for any reasons = when acquisition was not for house sites, no deduction can be done for amenities = claimants are entitled interest on solatium also = Since claimed less amount , the apex court fixed compensation as prayed by claimant= Himmat Singh and others ….Appellants versus State of M.P. and another ….Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41038

Land acquisition Act –  Under sec.51 A no court can discard the comparable registered sale deed merely because no one belongs to the sale deed not examined = ] Court should considered the highest sale value if not discard for any reasons =  when acquisition was  not for house sites, no deduction can be done … Continue reading

Sec.138 N.I.Act – Sec.201 of Cr.p.c. – Power of magistrate to recall it’s orders – Jurisdiction of court for cheque bounce case = (i) Whether the Magistrate after having found sufficient ground for proceeding in case and issued summons under Section 204 Cr.P.C. has the jurisdiction to recall or review the order by exercising its power under Section 201 Cr.P.C.; = Apex court held – No. (ii) Whether the petition under Section 138 of the N.I. Act was maintainable at Mumbai on the ground that goods were supplied from Mumbai to Delhi and cheques were handed over at Mumbai and legal notice was issued from Mumbai. = Apex court held – Yes = DEVENDRA KISHANLAL DAGALIA … APPELLANT VERUS DWARKESH DIAMONDS PVT. LTD. AND ORS. … RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40991

Sec.138 N.I.Act – Sec.201 of Cr.p.c. – Power of magistrate to recall it’s orders – Jurisdiction of court for cheque bounce case = (i)   Whether the Magistrate after having found sufficient ground  for       proceeding in case and issued summons under Section  204  Cr.P.C.  has       the jurisdiction to recall … Continue reading

Licence is must under sec.394 (1)(e) of the Bombay Municipal Corporation Act, 1888 for running a Eating house/Catering establishment by any club whether for it’s members or for commercial purpose = Brihanmumbai Mahanagarpalika and another ….Appellants versus Willingdon Sports Club and others ….Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40987

Licence is must under sec.394 (1)(e) of the Bombay Municipal Corporation Act, 1888 for     running a Eating house/Catering establishment by any club whether for it’s members or for commercial purpose =        Section 394(1)(e) and relevant extracts of Schedule  ‘M’,  which  have   bearing on this case read as under:       … Continue reading

Specific Relief Act, 1963 – Agreement to sell land – Non-execution of – Suit for specific performance – Grant of decree and plea of seller that time was essence of contract rejected – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited upon failure to execute agreement within stipulated period makes it clear that parties never intended time to be essence of contract – More so, seller did not prove his plea – Thus, decree granted by trial court upheld – Buyer directed to deposit balance consideration amount and seller would execute sale deed. = PETITIONER: Balasaheb Dayandeo Naik (Dead)through LRs & Ors RESPONDENT: Appasaheb Dattatraya Pawar = published in http://judis.nic.in/supremecourt/helddis.aspx

Specific Relief Act, 1963 – Agreement to sell land – Non-execution of – Suit for specific performance – Grant of decree and plea of seller that time was essence of contract rejected – However, High Court setting aside the decree – Validity of – Held: Recital in the agreement that earnest money would be forfeited … Continue reading

MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CATEGORY (REGULATION OF ISSUANCE AND VERIFICATION OF) CASTE CERTIFICATE ACT, 2000: = a third party can not challenge caste certificate issued and approved long back itself to wreck his vengeance = Ayaaubkhan Noorkhan Pathan … Appellant Versus The State of Maharashtra & Ors. … Respondents = published in http://judis.nic.in/supremecourt/helddis.aspx

MAHARASHTRA SCHEDULED CASTES, SCHEDULED TRIBES, DE-NOTIFIED TRIBES, (VIMUKTA JATIS), NOMADIC TRIBES, OTHER BACKWARD CATEGORY (REGULATION OF ISSUANCE AND VERIFICATION OF) CASTE CERTIFICATE ACT, 2000: Caste certificate – Appellant given employment on the basis of a caste certificate showing that he belonged to Bhil Tadvi (Scheduled Tribe) – Validity certificate issued by Caste Scrutinity Committee – … Continue reading

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