Search Results Page
Search Results
1 - 10 of 14 (0.39 seconds)The Defence Of India Act, 1971
Cheviti Venkanna Yadav vs State Of Telangana . on 24 October, 2016
19. Learned Advocate General for the State submits that the
subsequent Notification dated 29.07.2020 would not amount to nullifying
the judgment passed by learned Single Judge as it is a clarificatory order
which is permissible under the law and in support thereof, he refers to the
judgment passed by the Hon'ble Supreme Court in Cheviti Venkanna
Yadav v. State of Telangana & other, reported in (2017) 1 SCC 283.
Government Of India & Anr vs George Philip on 16 November, 2006
23. Mr. Awasthy, learned counsel for the petitioners places reliance
upon the judgments rendered by Hon'ble the Supreme Court in Govt. of
India v. George Philip, reported in AIR 2007 SC 705 and the judgment
passed by the Hon'ble Supreme Court in State of Gujarat v. Mirzapur
Moti Kureshi Kassab Jamat & others, reported in AIR 2006 SC 212.
State Of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat & Ors on 26 October, 2005
23. Mr. Awasthy, learned counsel for the petitioners places reliance
upon the judgments rendered by Hon'ble the Supreme Court in Govt. of
India v. George Philip, reported in AIR 2007 SC 705 and the judgment
passed by the Hon'ble Supreme Court in State of Gujarat v. Mirzapur
Moti Kureshi Kassab Jamat & others, reported in AIR 2006 SC 212.
Loktantra Rakshak Senani Sagthan ... vs State Of U.P.Through Its Secy. ... on 10 May, 2010
33. The judgments cited by Mr. Awasthy, learned senior counsel for
the petitioners are not applicable to the facts of the present case as in
Uttar Pradesh Loktantra Rakshak Senani Kalyan Samiti Sitapur
(supra), the benefit was denied by wrong interpretation of the rules and
Page 38 of 44
therefore, the Division Bench quashed the order and directed to grant
consequential benefits.
Shanti Lal Jain And Anr. vs State Of Rajasthan And Anr. on 19 January, 2016
The judgment cited in Shanti Lal Jain (supra), is
also not applicable as in that case, PIL was filed challenging granting of
benefit to the persons who have suffered during the period of emergency.
Tamil Nadu Electricity Board & Anr vs Status Spinning Mills Ltd & Anr on 16 May, 2008
16. Learned Advocate General, while praying for quashing of the order
passed in batch of writ petitions, refers to the judgment rendered by Hon'ble
Supreme Court in Tamil Nadu Electricity Board & another v. Status
Spinning Mills Limited & another, reported in (2008) 7 SCC 353, and
submits that a clarificatory order can be given retrospective effect as it can
throw light on substantive provision by principle of contermporanea
expositio, with particular reference to paragraph 29 of the judgment wherein
the Hon'ble Supreme Court has held as under:-
Medical Council Of India vs The State Of Kerala on 12 September, 2018
Therefore, it will be effective from 23.01.2020. Thus, by subsequent
Notification dated 29.07.2020, it has been given retrospective effect from
28.01.2019, which amounts to nullifying the order passed by learned
Single Judge of this Court. Therefore, giving retrospectivity by the
Notification dated 29.07.2020 is against the judgment rendered by this
Court. The Hon'ble Supreme Court in Medical Council of India v. State
of Kerala & others, reported in (2019) 13 SCC 185 , observed as under:-
Hochtlef Gammon vs State Of Orissa & Ors on 4 September, 1975
36. The Hon'ble Supreme Court in M/s. Hochtief Gammon v. State
of Orissa & others, reported in (1975) 2 SCC 649, has held as under:-