...offered to pay stamp duty by demand draft and sought confirmation that the stamp duty payable wilt be under Article 28(b) of the Schedule to the Karnataka Stamp Act, 1957 (‘Act.... 10 lakhs. According to the petitioners, the Sub-Registrar informed them that the stamp duty will have to be paid under Article 28(a) and not under Article 28(b). Feeling...aggrieved, petitioners have filed this petition for the following reliefs:(a) for striking down the explanation to sub-article (b) of Article 28 of the schedule to the...

...India AIR 2002 SC 3176 the Supreme Court has held that expression "religious instruction" used in Article 28(1) has a restricted meaning and conveys that teachings of customs, ways of worship, practices...and rituals cannot be allowed in educational institutions wholly maintained out of State funds. On reading of Clause (1) of Article 28 we find that it does...

...right to information (which have all been read into the right to life under Article 21) and also Articles 27 and 28 of the Constitution of India.Non-consultation...2825. Learned counsel for the petitioners vehemently objected and pointed out that NCFSE pertaining to education for value development is violative of Article 28 of the...all religions”. It is contended that giving education about religions would be violative of Article 28 and also it would offend the basic structure of the Constitution, namely, secularism...

...to be recovered by the plaintiff is less than Rs. 500. The learned Vakil for the appellants contends that the cognizance of this suit by the Small Cause Court is barred by Article 28 of...claim the property as heir of any person then apparently Article 28 would apply. The maintainability of the second appeal therefore depends on the construction to be placed on the plaint. As we read...the revival of the original right of ownership and, not a case of inheritance from the person to whom the presents were given. Article 28 is therefore not applicable and as no other article bars the...

...1. A preliminary objection was taken by the respondent to this appeal. His contention is that the suit is one cognizable by a Small Cause Court, and Article 28 of the Act does not apply...to a case like this; and the amount in dispute being less than Rs. 500, the second appeal is incompetent. The plaintiff sues as the heir of his wife; and Article 28 exempts a suit for a share of an...as an executor in order to bring, the case under Article 28 and relied upon Chedi v. Gulabo (1905) 27 All. 622 and Tika Shahu v...

...said order in para 7 and 8, reference is made to Article 28 of the Term Deposit Account. It is found by the State Commission that by virtue of the said Article, the petitioner had agreed that the fixed...is stated that the review petition filed was also rejected. Subsequently, petitioner made various requests to the Bank requesting for a copy of Article 28 relied on by them and the State Commission.... There was no response from the Bank. It is at that stage, this original petition was filed challenging Article 28 relied on by the State Commission against him.4. Counter affidavit has...

...reliance on Article 28 of the Statutes, regarding Governing Body of the affiliated colleges, as assented by the Vice Chancellor, by letter no. MLU 30/80-450 G. S. (1), dated 12. 02. 1982, to submit that the...power of suspension and dissolution of the Governing Body is there under the said provision.7. Article 28 of the Statutes reads thus...suspension or the reconstitution of the Governing Body, as the case may be. "8. On plain reading of Article 28 of the Statutes, I am of the view that learned...

.... 8, have placed reliance on Article 28 of the Statutes, regarding Governing Body of the affiliated colleges, as assented by the Vice Chancellor, by letter no. MLU – 30/80-450 G.S. (1), dated...12.02.1982, to submit that the power of suspension and dissolution of the Governing Body is there under the said provision. 7. Article 28 of the Statutes reads thus.../6 8. On plain reading of Article 28 of the Statutes, I am of the view that learned Counsel for the respondents are correct in their submissions. The Syndicate has the power on its own...

...a minority-run institution. As in the case of a majority-run institution, the moment a minority institution obtains a grant of aid, Article 28 of the Constitution comes into play. When an educational...institution is maintained out of State funds, no religious instruction can be provided therein. Article 28(1) does not state that it applies only to educational institutions that are not established...or maintained by religious or linguistic minorities. Furthermore, upon the receipt of aid, the provisions of Article 28(3) would apply to all educational institutions whether run by the minorities or...

...separatism. The adoption of the wheel from the Ashoka Pillar of Saranath on the Indian National Flag is an assertion of the spiritual emphasis of Indian secularism. While Article 28 (1) prohibits...religious instruction in an educational institution wholly maintained out of State funds obviously because peoples of different religious would attend such institutions. Article 28 (2) allows religious...instruction to be given in State aided institutions established under any endowments or trusts which requires religious instruction to be given though Article 28 (3) takes away the compulsory element from...

...Scheduled Tribes in the matter of admission in the educational institutions maintained by the State or receiving aid from the State.Article 28(3..., if such person is a minor, his guardian has given his consent thereto. Obviously, Article 28(3) prohibits a religious minority establishing and administering an educational institution which receives...be disputed that the right of a religious minority to impart religious instruction in an educational institution forms part of the right to administer the institution. And yet Article 28(3) curtails...

...under Article 28, Sch. 2, Provincial Small Cause Courts Act. There is a decision of this Court, Samu Asari v...Article 28. Even if the objection had not been taken in the lower Court, Ram Prosad v. Sricharan Mandal . 1917 41 IC 276. which followed...

...Small Court Court Judge was competent to decide the case having regard to Article 28, of the Second Schedule to the Provincial Small Cause Courts Act.3. It seems that it is not a case...

...Article 28 of Sch. II of Act IX of 1887 which exempts a suit “for a legacy or for the whole or a share of a residue bequeathed by a testator, or for the whole or a share of...are of opinion that the suits contemplated by the said words in Article 28 are suits for the recovery of the property of an intestate, between rival claimants to the estate, or against persons...considering Article 28 of Sch. II of the present Provincial Small Cause Courts Act, agreed with the view taken in the above two cases [see the case of Chhedi v. Gulab...

...article 28 of the second schedule to the Provincial Small Cause Courts Act. The question is whether this a suit for the whole or for a share of the property of an intestate.... If the plaintiff seeks to claim the property as hair of any person then apparently article 28 would apply. The maintainability of the Second Appeal therefore depends on the construction to be placed...determination of the right granted and the revival of the original right of ownership and not a case of inheritance from the person to whom the presents were given. Article 28 is therefore not...

...suit is governed by Article 28 or Article 36 of the Limitation Act. The latter Article applies to a suit“for compensation for any malfeasance, misfeasance or non...otherwise fall within the general provisions of Article 36. They are Articles 28 and 29. Article 20 applies to a suit for compensation for the wrongful seizure of moveable...wrongfully under legal process, and it has been held that, for the purposes of this Article, standing crops are not moveable property. Article 28 applies to a suit for compensation for an illegal, irregular...

...difference of opinion, the two learned Judges directed that the case may be placed before the Hon'ble the Chief Justice for reference of the point of difference to another Bench under Article 28 of the...to be placed before the Chief Justice for reference of the point of difference to another “Bench” under Article 28 of the Letters Patent and, consequently, the reference made subsequently by the Chief..., include a Single Judge. The second aspect is that the order of reference mentions that the case is to be placed for reference under Article 28 of the Letters Patent. Article 28 of the Letters Patent...

.... The prosecution has also examined and relied upon the evidence of Govindlal Shantilal Joshi, PW 26 (Ext. 338), who is the panch witness of the discovery panchnama of the muddamal knife (Article 28) recovered...the discovery panchnama of the recovery of knife (Muddamal Article 25) at the instance of A-3. The prosecution has also examined and relied upon the evidence of Navinchandra Parshottam Shah, PW 15 (Ext.... 302), who is panch witness of the panchnama of recovery of knife (Muddamal Article 37) recovered at the instance of A-2. The other witness examined and relied on by the prosecution is Bhavanbhai...

...petition.Articles 13, 14 and 15 shall only apply and not article 28 to the impugned transfers. The object of article 14 is that any transfer to a relative is not to be rejected. While...uncle should fall within the ambit of article 14. Article 28 negates the other articles and hence not permitted. Article 28 should be subservient to articles 13 to 15 and...does not take away the earlier articles. Article 28 does not contain non-obstante clause and regulates the earlier articles, namely, articles 13 to 15, which would become redundant in the light of...