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...the “Act”.2. The appeals relate to Assessment Years 1952-53 and 1954-55. The assessee is a public company incorporated under the Indian Companies Act, 1913. Article 37 of its...relating to Assessment Year 1952-53 was dismissed but with regard to the subsequent year it was allowed. The Appellate Tribunal upheld the contention that Article 37 of its Articles of Association did not...relating to Assessment Year 1952-53:“Whether on a true interpretation of Article 37 of the Articles of Association, the assessee company can be regarded as one...
...part are not enforceable by any court, the principles therein laid down are nevertheless fundamental for the governance of the country and Article 37 makes it obligatory on the part of the State to apply...the above noted contentions completely. The directive principles of the State policy, which by Article 37 are expressly made unenforceable by a court, cannot override the provisions found in Part III...applications under Article 226 of the Constitution complaining of breach of the petitioners' fundamental right to get admission into educational institutions maintained by the State...
...JUDGMENT:Muzaffar Hussain Attar.Different clauses of Article 37 of J&K Civil Service Regulations, 1956, (for short Regulations...such construction on them which would make them meaningful and effective. The Article 37 as it exists in the “Regulations” would require to be chisled in a manner which would make it purposeful and...result oriented. Article 37 would require to be read down so as to being it within the frame work of Article 14 of Constitution.In our constitutional scheme not...
...case has to be considered before proceeding further. The learned Subordinate Judge has referred to Article 75 of the Limitation Act, 1908, corresponding to Article 37 of the Limitation...indicating that Article 37 would not apply to the case, ultimately appears to have concluded that the proper Article applicable to the present case is none other than Article 37. Article ...-1964, the claim is barred by limitation, in case it is Article 37 that applies, as clearly the suit filed on 22-3-1968 was much beyond three years from the date of default. It is also clear that if...
...Directive Principles of State Policy, but it is now well settled that the fundamental rights and directive principles have to be read together, since it has been mentioned in Article 37, that the principles...Principles in Part − IV of the Constitution as they were said to be non-justiciable and non-enforceable in the Courts (vide Article 37), the subsequent decisions of the Supreme Court changed this trend...people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution. The Government, including the Revenue Authorities i.e...
...article 37 of the jammu & kashmir civil service regulations governs the determination of age, which provides that minimum and maximum age limit is to be determined as on 1st of January of the year...they produced before the authorities but were not given the appointment on the objection of being less than 18 years of age as on 01.01.2008 as required in terms of Article 37 of CSR. According to...the learned counsel, Article 37 of CSR is not applicable. Same position is supported by the judgment rendered in the case captioned "Mohammad...
...put forward by the defendants before the court below in defence to the suit was that the plaint claim was barred by limitation. It was contended by them that under Article 37 of the...more instalments the entire balance amount shall be payable in lump, it is Article 37 of the Act that applies to the case and the starting point for limitation is the date when default was committed...: (AIR 1975 Ker 18).3. In reply to the above arguments it was submitted by the counsel appearing for the respondent-plaintiff that Article 37 of...
...under Part IV of the Constitution, namely, the directive principles of State policy. In our view this flows from the mandate of Article 37 which provides that it is the duty of the State to apply the...Article 37 in the context of the duty of the judiciary, Mathew, J. in Kesavananda Bharati v. State of Kerala...(1973) 4 SCC 225 held:“1704. … I can see no incongruity in holding, when Article 37 says in its latter part ‘it shall be the duty...
...Shalidora. Besides seeking quashment of Article 37 of J&K CSR to the extent, it prescribes 18 years of age as on 1st January of the year of selection for entry into Government...considered, the petitioner is aggrieved of advertisement notice No. DIPK-1099 dated 3.5.2011, Article 37 of J&K CSR to the extent, so for it, directs that the person having...:1. “that Article 37 of J&K CSR is illegal, bad in the eye of law, violative of the Rules and regulations and is unconstitutional, the petitioner has been deprived of...
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PRAYER: Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order, dated 02.03.208, passed in I.A.No. 37 of 206 in O.S.No.7 of 2009 by the...aside the ex parte order under Order 9 Rule 7 of C.P.C., which is clearly barred by limitation under Article 37 of C.P.C.
4. The learned counsel for the petitioner...provides a residuary clause for such an Order which does not prescribe any limitation period. Now, it is a settled proposition that Article 37 of the Limitation Act would apply to all the applications...
...article 36 of the Limitation Act, 1963, and not article 37 thereof is applicable. Reliance has been placed on the observations made in V. Nara-yanaswami v. Sri Mohan..., learned counsel for the defendants, contended that article 37 of the Limitation Act, 1963, is clearly applicable to the suit and the plaintiff has no right to claim the...” used in article 37 of the Limitation Act, which applied to fee peculiar facts and circumstances of the instant case.9. Having heard the arguments advanced by...
...18 years. In addition contended that Article 37 of CSR, which prescribes minimum/maximum age for appointment, is not applicable. 4. The contention that Article 37 of CSR is not applicable in case of...date as notified in the advertisement notice. Answer has to be "no" because Article 37 of CSR prescribes minimum and maximum age to be determined on 1st January of the year in which advertisement...being de horse the rules i.e. runs contrary to Article 37 Note 7 of CSR, therefore, such condition, which is not in accordance with law is otiose. 7. Viewed thus, petitioner...
...contained in Article 37 according to which the directive principles are fundamental in the governance of the country and it is the duty of the State to apply those principles in making laws. It is for the...purpose of giving effect to the directive principles set out in clauses (b) and (c) of Article 39 in discharge of the constitutional obligation laid upon the State under Article 37 that fundamental...necessities of life and who are living below the poverty level.108. The directive principles are set out in Part IV of the Constitution and this part starts with Article 37 which...
...deciding LPA No. 168/2008 vide judgment dated 13-04-2010 reported in 2010(1) S. L. J. 253, has held that Article 37 of CSR is applicable to RET teachers. Para 39 and 40 are relevant to be quoted...under the scheme as well. The Article 37 of the CSR V. 1 will thus, get C. Rev. No.31/2013 MP No.284/2013 OWP No.1112/2014 MP No.1754/2014 Page 4 of 5 attracted and applicable to the...learned Single Judge in Mohammad Altaf Mirs case (2009) 1 SLJ 253 to the extent it holds that Article 37 of the CSR is not applicable to the engagement under the Scheme, is not...
...M. Gopal v. Sri Vetrivel Chit Funds (P) Ltd. (1997 (1) CTC 471 = 1997 1 L.W 830), Article ...M. Gopal v. Sri Vetrivel Chit Funds (P) Ltd. (1997 (1) CTC 471 = 1997 1 L.W 830) held that ...and 25 of the Tamil Nadu Chit Funds Act, 1961, and Article 37 of the Limitation Act.(ii) The question posed before the said...
...the learned District Judge who held that the suit was barred by limitation under article 37 of the Limitation Act. It is against that judgment this second appeal has been...instalments beginning with June, 1976, and ending with June, 1980. The defendant admittedly failed to pay the first instalment itself which was due in 1976. Now, article 37 of the Limitation...first instalment. For the purposes of article 37 of the Limitation Act, the question of subsequent defaults would not be material. The period of limitation would start running...
...suit to have been preferred under Article 37 or 55 of the Limitation Act, 1963 (for short 'the Act') whereas the repayment of the loan amount being secured by creating a...submit that the present suit for recovery of money would be governed by Article 37 or 55, therefore, the trial Court has not committed any error in dismissing the suit...issue Nos.1, 2A to 2C, 3 & 5, therefore, the only issue fallen for consideration in this appeal is the issue No.4 regarding the suit being barred by limitation.7. Article 37 of the Act...
..., 2020, as mandated in terms of Article 37 of the Jammu & Kashmir Civil Service Regulations. The petitioner has also sought a direction to the respondents to appoint/engage her against the post sought to...that for reckoning the age of eligibility, 1 of January of the year in which the Advertisement Notice is issued is the crucial date in terms of Article 37 of the J&K Civil Service Regulations (for CSR...). According to the petitioner, the aforesaid condition of the Advertisement Notice is in clear violation of Article 37 of the CSR.4. It is the case of the petitioner that her date of...
...principle may not be enforceable as such by virtue of Article 37 of the Constitution of India, it may be relied upon by the petitioners to show that in the instant case they have been subjected to hostile...for nearly ten years. They are rendering the same kind of service which is being rendered by the regular employees doing the same type of work. Clause (2) of Article 38 of the Constitution of India...untenable. There is clearly no justification for doing so. Such a classification is violative of Articles 14 and 16 of the Constitution. It is also opposed to the spirit of Article 7 of the International...
...mentioned " as far as possible" to fulfill the age qualification as prescribed by the State Government cannot be treated as directory condition and as per Article 37 of the J&K Civil Service Regulations...scheme Article 37 of the J&K CSR is held to applicable and in paragraph 39 it is held thus:-
"39. We accordingly for the above reasons and also in view of...against the posts under the government shall be deemed to be the lower and upper age limit fixed for seeking selection/ engagement under the scheme as well. The Article 37 of the CSR V.I will thus, get...