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...individual institution the residents of the State also are discriminated, but it is justified on the ground that such institution constitutes a class by itself. It is fairly established that a single ...permissible for the Government to exempt the goods of a single individual unless such goods or persons form a class by themselves. He drew our attention to the meaning of the word ‘class’ given in...classification in favour of a State or in favour of a Corporation owned and controlled by the State can validly constitute a class by itself as opposed to the individual traders or the manufacture...
...situation, a single case may constitute a class or a particular type of cases may constitute a special category. The Board may in a given case...provision to safeguard the interest of assessees against harsh operation of various provisions including sections 234A to 234C of the Act. Whether in a given case or a class of cases, the Board may or may...absence of the expression “in any case” before the words “any class of incomes or class of cases” means that the Board can under no circumstances deal with an individual case. In our opinion, in a given...
..., exercise the power and grant relief from the provisions of sections 234A to 234C of the Act. It was observed by the court that (headnote): “In a given situation, a single case may constitute a ...of cases in section 119(2)(a) includes individual cases, as a single case can also in certain circumstances constitute a class even for the purposes of article 14 of the Constitution..... An individual assessee, it was contended, can therefore constitute a class in respect of whom the Board can make an order under section 119(2)(a) and grant relief.4. Counsel also relied...
...to relax the requirement of rules in respect of an individual or class of individuals to the extent it may consider necessary for dealing with the case in a just and equitable manner. The power of...particular individual or a set of individuals may suffer undue hardship and further there may be a situation where requisite qualified persons may not be available for appointment to the service. ...interpreted in a manner to defeat the very object and purpose of such power. Power to grant relaxation may be exercised in case of an individual to remove hardship being caused to him or to a number of...
...) of the Act and it was of opinion that these words were used disjunctively and the “individual” referred to in Section 16(3)(a) of the Act may have a wife and minor child or may not have a wife b...have a minor child”. If the individual assessed to income tax is a female that individual will have no wife but she may have a minor child and therefore Section 16(3)(a) of the Act does n...therein mentioned, though, it may be observed that the user of the words “such individual” would not have made the slightest difference to the position. Sub-clauses (ii) and (iv) which deal with a...
...her marriage is not relevant for the purpose of availing of the benefit of Articles 16(4) and 15(4). Acceptance may be only for recognition as a legally wedded wife of a Backward Class citizen and.... Lowlier the occupation, lowlier the social standing of the class in the graded hierarchy. In rural India, occupation-caste nexus is true even today. A few members may have gone to cities or even abroad...(DCH) under the quota reserved for Backward Class — A Group. Her writ petition was allowed by a learned Single Judge holding that a marriage was not an agreement. It is a sacrament. After marriage...
..., a single case may constitute a class or a particular type of cases may constitute a special category. The Board may in a given case issue an...and 234C will apply less harshly, it will be immaterial whether one or more cases fall in any such class prescribed by the Board. There may be instances where even a single case may constitute ...provide for such remedies either by way of relaxation or otherwise as may, in its wisdom, be justified in a given class of cases. When seen in this light, an individual assessee facing hardship by reason...
...own separate ranking for seniority and channel of promotion. The post of District Medical Officer of Health was a post in Class II of the Public Health Service, while the post of Assistant Director...Health Services was a post in Class I of that service. The appellant and one Dr Jagjit Singh were, until their promotion with retrospective effect from April 25, 1964, District Medical Officers of Health...the higher posts of promotion on different dates between April 27, 1964 and May 11, 1964. It may be pointed out that under the order dated April 8, 1964 several other officers belonging to Class II...
...specifically the grandson, being, a son of a son living. Therefore, the short question, is, when the son as heir of Class I of the Schedule inherits the property, does he do so in his individual capacity or...credit of late Rangi Lal was inherited, after his death, by Chander Sen in his individual capacity or as a karta of the assessee-joint family consisting of himself and his sons...the income or asset which a son inherits from his father when separated by partition the same should be assessed as income of the Hindu undivided family of son or his individual income. There is no...
...shall be required to undergo a period of training as may be prescribed by the President.28. Rule 132 provides for recruitment to Railway Service, Class II...Assistant Engineer who is temporarily promoted to hold the post of an Assistant Engineer Class I may be described as a Temporary Assistant Officer but he certainly would not be a ‘Temporary Assistant..., constituting a special class and service by themselves, and were not appointed to the Indian Railway Service of Engineers, Class I at all.4. It appears that from the...
...investigating agency that the land mentioned in the gift deed was non-existent. By order dated 1-7-2002 a learned Single Judge of the High Court quashed the first information report in the case...bare reading of the impugned orders would show that the learned Single Judges have not kept in view the parameters of Section 482 CrPC in view. Though, Bichitrananda was not a party in any of the...does not end there. The learned Single Judge has even directed renewal of the contractor's licence issued to Zerina Marines Pvt. Ltd. where Nalinikanta is a Director. The allegations are of a very...
...under sub-section (2), may take cognizance of any offence—(a) upon receiving a complaint of facts which constitute such offence;(b) upon a police...offence. If he is a Magistrate of the First Class his power to take cognizance of the offence is not impaired by territorial restrictions. After taking cognizance he may have to decide as to the court...K.T Thomas, J.— Leave granted.2. Chairman of the appellant Company filed a complaint before the Judicial Magistrate of the First Class, Gandhidham...
...; we deal with those allegations as they constitute offence for which the Judicial Magistrate, Ist Class, could take cognizance. In paragraph 2 it is narrated that the complainant-respondent was a...and the witnesses….”7. The High Court may take cognizance of any offence under Section 190(1)(a) upon receiving a complaint containing facts which constitute...community and also defamed the members of Marwari community as a class. In the complaint filed at Pune, what he has stated is as under:“The complainant submits that in...
...statement of facts and the allegation may not be specific in charge-sheet but may be crystal clear from the statement of charges, in such a situation as both constitute the same document, it may not.... Learned Single Judge issued a direction to the disciplinary authority to pass a fresh order imposing minor punishment on the said proved Charges 4 and 5 for not accepting the “memo” sent by the superiors...(g)
Soma Salu
P. Man
Rs
92.753. While you were on duty on 24-11-1979, in a first class compartment, Train No...
...between the principal seat and the Bench seat, shall be an issue to be decided in an individual case by the Judge or Judges hearing the matter if a question may arise in that regard. The impugned...:1. Short title and commencement.—(1) This Order may be called the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976..., Dungarpur, Ganganagar, Jaisalmer, Jalore, Jodhpur, Nagaur, Pali, Sirohi and Udaipur (except such case or class of cases as may by special order be transferred to the Jaipur Bench) shall be disposed...
...appointed as a Temporary Engineer on an ad hoc basis w.e.f May 19, 1969 by calling his name through the Employment Exchange i.e subsequent to the coming into force of the Class II Rules. Their...;Provided that government may waive this qualification in the case of a particular officer belonging to Class II service;(b) In cas...contrary, they clearly proceed on the principle that persons appointed on an ad hoc basis or for fortuitous reasons or by stop-gap arrangement, constitute a class which is separate and distinct from those...
...constitute a class by themselves.”(emphasis supplied)26. Thus from the scheme of the Constitution, Article...may be more backward on account of their social or economic backwardness and, thus, would form a distinct class from the general body of the civil society.58. Relying on or...for conglomeration of castes and tribes and, thus, must be treated as a distinct and separate class for the purpose of the Constitution. We may notice that there is no such express provision in the...
...constitute a special police force to be called DSPE for the investigation in any Union Territory of offences notified under Section 3. Under Section 5(1) of the DSPE Act the Central Government may by order...Arijit Pasayat, J.— The Central Bureau of Investigation (in short “CBI”) questions legality of the judgment rendered by a learned Single Judge of the Rajasthan High Court...proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible...
...reduction of the coparcenary unit to a single individual, who possesses rights which an owner of property may possess. A similar view was taken by this Court in Narendranath case which raised a qu...family may consist of a single male, a wife and daughter which means that it assumed that the appellant was a member of a joint Hindu family consisting of himself, his wife and daughter. However, ...single male can constitute a “joint family” with his wife and daughter but if that male has no son, there can be no “undivided family”. In the first place, joint family and undivided family are...
...inadequacy of representation of a class in the service under the State. The question of adequacy of representation does not and cannot arise in a single post cadre because only one person can be accommodated...G.N Ray, J.— In all these matters a common question arises for decision as to whether in a single cadre post reservation for the backward classes, namely, Scheduled Castes...single cadre post.2. The learned counsel for the parties in all these matters have agreed that the question of law as to the constitutional validity of reservation in a...