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  • Participation in Proceedings - A member's participation in board proceedings or performing duties is essential; suspension should not be arbitrary or merely based on inquiry. The Tehsildar was assigned the role of Executive Officer on 27.11.2007, indicating official capacity and negating baseless allegations. Meena Vyas VS State of Rajasthan - Rajasthan

  • Undertaking Definition - An undertaking involves actual engagement in production or supply of goods/services; mere proposals or intentions do not qualify. The section's applicability is confined to purchase or takeover of an undertaking, emphasizing active operational involvement. Carew And Company VS Union Of India And Tata Engg. And Locomotive Company LTD. - Supreme Court

  • Meaning of Take - The term take includes causing a minor to leave guardianship through persuasion or other means, involving active steps like escorting or possession. However, taking and allowing to accompany differ in meaning, especially in legal contexts such as Section 361. Chuttan VS State of Rajasthan - Rajasthan

  • Election Participation - Government servants are prohibited from taking part in elections, including offering themselves as candidates or influencing the process. Such participation may lead to disqualification under constitutional provisions. Uttam Singh VS S. Kripal Singh - Punjab and Haryana

  • Warranty Charges in Sales Tax - Warranty charges collected by a dealer are part of the sale price and taxable if included in the total amount paid by the customer without option to opt out. If payment is compulsory, it qualifies as part of the sale price. M/S.QUILON RADIO SERVICE, TVM vs STATE OF KERALA - Kerala

  • Bidding and Preference - Equal bids warrant giving preference to the eligible bidder, with opportunities to participate in auctions upon proper notice. The process emphasizes fairness and equality among bidders. P. A. Ravanan VS Secretary to Government, Government of Tamilnadu Housing & Urban Development Department - Madras

  • Wrongful Gain and Sec.23 - Recognizing a purpose as innocent that would otherwise constitute wrongful gain under Sec.23 would unjustly allow individuals to recover debts via property seizure, risking lawlessness. Honest intent is crucial in such assessments. Budhan Singh VS State Of Bihar - Patna

  • Acceptance of Rent and Tenancy - Failure to accept rent from statutory tenants after tenancy expiry does not imply consent or acknowledgment of possession, especially when statutory immunity prevents eviction. Such conduct doesn't amount to acceptance or agreement. HARDIT SINGH VS KAUSHALYA RANI - Delhi

  • State Responsibility and Compassionate Appointment - A public sector undertaking, considered a 'State,' must act fairly and reasonably, especially during family crises. Delays or neglect in providing compassionate appointments violate principles of fairness. Shakaldeo Ram VS Central Coalfields Limited through its Chairman-cum-Managing Director - Jharkhand

  • Theft and Wrongful Gain - Taking property without bona fide belief of right constitutes theft; allowing wrongful seizure under Sec.23 would unjustly endorse individuals' right to recover debts through property seizure, undermining legal principles. Honest intent is essential to distinguish theft from lawful actions. HARIKISAN VS STATE - Nagpur

Analysis and Conclusion:
The sources collectively emphasize the importance of active participation, honest intent, and fairness in various legal and administrative contexts. Whether in participation in proceedings, defining terms like take, or assessing actions like bidding, tenancy, or tax collection, the underlying principle is that actions must be grounded in genuine engagement, lawful intent, and fairness. Arbitrary or dishonest conduct undermines legal integrity, and statutory provisions are designed to safeguard fairness, prevent wrongful gains, and uphold procedural correctness.

Search Results for "Otherwise to Take Part in Meaning"

Meena Vyas VS State of Rajasthan

2008 0 Supreme(Raj) 1111 India - Rajasthan

GOPAL KRISHAN VYAS

part in any proceedings of the board or otherwise perform the duties of a member thereof. ... It is also to be seen that suspension should not be mere consequence of inquiry, otherwise the suspension becomes arbitrary.” ... 45. ... Meaning thereby, the Tehsildar was given the charge of the Executive Officer on 27.11.2007 which is evident vide Annex.-21 placed on record of the writ petition. ... Meaning thereby, the allegation is totally baseless and there is no foundation upon which the charge is based.....

Carew And Company VS Union Of India And Tata Engg. And Locomotive Company LTD.

1975 0 Supreme(SC) 296 India - Supreme Court

A.N.RAY, V.R.KRISHNA IYER, K.K.MATHEW, S.MURTAZA FAZAL ALI

over or otherwise but to become an undertaking it must be presently engaged in the production of goods etc. ... “undertaking” — meaning — definition is attracted if the context so requires — enterprise must be actually engaged in production ... supply of services - applicability — sub-section (4) is confined to the case of a proposal to acquire an undertaking by purchase, take ... over or otherwise of the whole or part of any undertaking within the meaning of Section 23(4). ... What Se....

Chuttan VS State of Rajasthan

1997 0 Supreme(Raj) 1416 India - Rajasthan

M.A.A.KHAN

The meaning of this term may take within its fold the element of active step on the part of the kidnapper, by persuasion or otherwise, to cause the minor to leave the guardianship of his/her guardian but "taking" and "allowing a minor to accompany" do not convey the same meaning and sense. ... The literal meaning of the word "take" is to cause to go, to escort or to get into possession. ... But in the operation of Section 361 the two words "takes" or "entices" are req....

Uttam Singh VS S. Kripal Singh

1975 0 Supreme(P&H) 33 India - Punjab and Haryana

BHOPINDER SINGH DHILLON, BAL RAJ TULI, A.D.KOSHAL, PREM CHAND JAIN, MAN MOHAN SINGH GUJRAL

Assembly within the meaning of sub-clause (e) of clause (1) of Art. 191 of the Constitution. ... They are as under:- ... "What the Rule enjoins is that a Government servant shall not take part in any election and that he shall also not take part in the form of offering himself as a candidate. ... interfere or use his influence in connection with or take part in an election to any legislature or local authority. ... in any election does or does not amount to a disqual....

M/S.QUILON RADIO SERVICE, TVM vs STATE OF KERALA

2007 Supreme(Online)(KER) 32774 India - High Court of Kerala

HL DATTU, CJ, K.T.SANKARAN, J

- Sales Tax - Kerala General Sales Tax Act - Sections Involved - The court held that warranty charges collected by a dealer are part ... Fact of the Case: The assessee, a dealer in appliances, challenged the inclusion of warranty charges as part of the ... Ratio Decidendi: Warranty charges are considered part of the sale price and therefore taxable if the customer has no option ... If the payment is compulsory, then only it would form part of the sale price. Otherwise, the warranty amount cannot be i....

P. A. Ravanan VS Secretary to Government, Government of Tamilnadu Housing & Urban Development Department

2017 0 Supreme(Mad) 3484 India - Madras

K.K.SASIDHARAN, P.VELMURUGAN

In case, everything is found equal meaning thereby, in case the bid submitted by the appellant matches the bid submitted by the other bidders, preference should be given to him in the matter of allotment, if he is otherwise eligible. ... It is open to the appellant also to take part in the auction and for the said purpose, a notice should be issued to him by the Tamil Nadu Housing Board. ... When this appeal came up for hearing on 01.11.2017, we have directed the learned Standing Counsel for the Tamil Nadu Housing Board ....

Budhan Singh VS State Of Bihar

1960 0 Supreme(Pat) 6 India - Patna

K.SAHAI

To hold that such a purpose could render innocent what would be otherwise a wrongful gain within the meaning of Sec.23 would amount to the recognition of a right on the part of every individual to recover an alleged debt by the seizure of property of his alleged debtor, and would tend to a state of things ... in which every man might, if strong enough, take the law into his own hands." ... Ugra Singh has agitated is that the petitioners cannot be held to have had any dishonest intention because their intention merely was....

HARDIT SINGH VS KAUSHALYA RANI

1970 0 Supreme(Del) 76 India - Delhi

H.R.KHANNA, O.M.PRAKASH

from a statutory tenant after the expiry of the contractual tenancy did not amount to acceptance of rent from a lessee within the meaning ... Failure to take action which was consequent upon a statutory prohibition imposed upon the courts and not the result of any voluntray conduct on the part of the appellant did not also amount to otherwise assenting to the lessee continuing in possession. ... Statutes at the material time, statutory immunity-was granted to the appellant against eviction, and acceptance of the amounts....

Shakaldeo Ram VS Central Coalfields Limited through its Chairman-cum-Managing Director

2016 0 Supreme(Jhk) 1280 India - Jharkhand

VIRENDER SINGH, SHREE CHANDRASHEKHAR

to it, did not bother to take care of the family of the deceased at the relevant point of time when they were facing acute problem financially or otherwise. ... It is expected of a public sector undertaking, which is ‘State’ within the meaning of Article 12 of Constitution of India, not only to act fairly but also reasonably and bonafidely as held by Hon’ble Supreme Court in case Mohan Mahto v. M/s. ... He thus states that the petitioner, in any case, cannot ask for compassionate appointment not only because there was considerable delay a....

HARIKISAN VS STATE

1950 0 Supreme(Nagpur) 39 India - Nagpur

MUDHOLKAR

The court held that this amounted to an offence of theft, as the applicant did not have a bona fide belief that he had a right to take ... To hold that such a purpose could render innocent what would be otherwise a wrongful gain within the meaning of section 23 would amount to the recognition of a right on the part of every individual to recover an alleged debt by the seizure of property of his alleged debtor, and would tend to a state ... was committed inasmuch as there was no dishonest intention on the part#H....

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