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Constitutional Law Judgments and Orders

NOC nor required for erection of tower by local body

 26 February 2009

Municipality is directed to consider the application for licence submitted by the petitioner without insisting on production of any No Objection Certificate or permission from the Atomic Energy Commission. In other words, if the petitioner is having ..

Posted in Constitutional Law |    hits

radiation emanating from the towers

 26 February 2009

It has, therefore, to be found that the apprehension of the local public that there will be serious health hazards on account of the installation and energisation of the B.T.S by the petitioner is irrational...

Posted in Constitutional Law |    hits

sound pollution

 26 February 2009

if the installation of generator would cause any sound pollution, evidently Pollution Control Board can give appropriate direction and the petitioner will have to obtain necessary consent from the Pollution Control Board for installation of generato..

Posted in Constitutional Law |    hits

conversion of land reserved for public purpose in a layout

 25 February 2009

The portion of land reserved for public purpose in a layout or in a development plan or master plan approved by the local body cannot be used for any other purpose than the one specified therein..

Posted in Constitutional Law |    hits

Green Park Extension RMunicipal Corp. of Delhi anesidents V

 24 February 2009

Costs of Rs.25,000/- is also imposed on the MCD for not taking any action to demolish the illegal structure in the green area. The petitioner Association shall spend the aforesaid amount to plant more saplings in the green area of the colony and for ..

Posted in Constitutional Law |    hits

Hindu Worshippers of God are not a denominational section

 23 February 2009

Hindu Worshippers of God are not a denominational section and, therefore, they are not entitled to the benefit of Articles 26 (b) and 26 (d) of the Constitution for management of the Temples. ..

Posted in Constitutional Law |    hits

right to ascetic life of Sudras

 23 February 2009

It is, therefore, evident that with reluctance the right to ascetic life was extended to Sudras and in due recognition of their status, they were treated as Hindu sanyasis. At the present time, there is no distinction or barrier; any one may beco..

Posted in Constitutional Law |    hits

Appoint ment on compassionate ground-on immediate claim only

 18 February 2009

Appointment on compassionate grounds - cannot be claimed as a matter of right - can be claimed only in terms of the Rules or Regulations framed - should be immediately provided to a member of the family to redeem the sudden financial crisis in the fa..

Posted in Constitutional Law |    hits

Fundamental rights-Interference with religious affairs of Te

 17 February 2009

A writ petition was filed in the Orissa, High Court by the father of the appellant challenging the validity of Shri Jagannath Temple Act, 1954. The petition was dismissed by High Court which held that the Act was valid and constitutional except s. 28..

Posted in Constitutional Law |    hits

denominational temple -exemption under Article 26

 17 February 2009

t is settled position in law, having regard to the various decisions of this Court that the words "religious denomination" take their colour from the word `religion'. The expression "religious denomination" must satisfy three requirements – (1) it mu..

Posted in Constitutional Law |    hits

religious denomination-private temple

 17 February 2009

State of Madras and Another [(1981) 1 SCC 445] referring to the very provisions of the Act has held that so far as Tamil Nadu is concerned there is initial presumption that a temple is a public one, it being up to the party, who claims that it is a p..

Posted in Constitutional Law |    hits

Govt power to take control of Temple

 14 February 2009

As per the said Government Order, reciting Devaram and Thiruvasagam inside the temple is a valuable right of devotees.As has been held by the Supreme Court in various judgments that the administration and maintenance of the temple is purely a secular..

Posted in Constitutional Law |    hits

Rajinder Singh v Prem Mai

 14 February 2009

INORDINATE DELAY LOOSE FAITH IN JUDICIARY...

Posted in Constitutional Law |    hits

Eligibilty of a Part/Full time employee as Advocate

 22 January 2009

Advocates Act, 1961 S.24; S.28 Bar Council Of India Rules, 1975 R.49..

Posted in Constitutional Law |    hits

Misconduct of a member in Public Service Commission

 22 January 2009

Constitution of India, Article 317 - Misconduct - Member of Maharashtra Public Service Commission - Not informing the Commission about the making of application by her daughter for appearing in the examination conducted by the Public Service Commissi..

Posted in Constitutional Law |    hits

Representation of the People Act (43 of 1951), S.116B(2)

 18 January 2009

(A) Representation of the People Act (43 of 1951), S.116B(2) - Application for stay - Preliminary objection that petitioner had come with unclean hands - Overruled. (B) Representation of the People Act (43 of 1951), S.116B(2) - Stay application - Pr..

Posted in Constitutional Law |    hits

DIS HONOUR OF CHEQUE- PRESUMPTION U/S.139 THE N.I.ACT

 25 December 2008

A. Negotiable Instruments Act, Sections 138 and 141 - Blank cheque duly signed given by drawer - It cannot be presumed that an implied authority is given to the holder of the cheque to fill it up towards the discharge of a debt etc. - It cannot be pr..

Posted in Constitutional Law |    hits

Discrimination on Entertainment Tax

 18 December 2008

Constitution of India, Article 14 - Andhra Pradesh Entertainment Tax Act, 1939 - Entertainment tax - Discrimination - Rate of tax in respect of Telgu film was fixed at 10% and that of non-Telgu film has been fixed at 24% - Classification only on the ..

Posted in Constitutional Law |    hits

Writ of Quo Warranto

 18 December 2008

W.P.No.18731 of 2008 has been filed under Article 226 of the Constitution of India for the issuance of Writ of Quo Warranto against 1st respondent requiring him to show his authority to hold the office of President, Tamil Nadu State Consumer Disputes..


Mandamus - Fulfillment of promise

 13 December 2008

Constitution of India, Article 32 - Mandamus - Fulfillment of promise - Welfare package - For the widows of martyrs of the Kargil war - Directions substantially complied with - Writ petition disposed of. (Paras 7 and 8) ..

Posted in Constitutional Law |    hits