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The Constitution Bench after an elaborate consideration of the matter, details of which Advocates [find out more] will be noticed subsequently, seems to have answered the aforesaid question in the affirmative. Under Section 16(1)(b), Advocates (web) the notification is required to be published in the Gazette and also posted in the office of Advocates - find out more - the Deputy Commissioner or Municipal Council or such other place as may be considered necessary under Section 16(2). The said Notification is required to be published in Advocates (find out more) the Official Gazette.

The requirement of giving notice under sub-sections (5) and (6) of Section 10 is mandatory. The scheme with or without modifications is required to be forwarded to the Government for sanction and on receipt thereof a ˜final notification under Section 18 is required to be issued stating the fact of such sanction and mentioning that the land proposed to be acquired by the Board for the purposes of the scheme is required for a public purpose.

Effect of non-issue of notice under sub-section (5) or sub-section (6) of Section 11 is that it might result in the landholder being dispossessed without notice, therefore, the word may has to be read as shall. Nadu[1] the Constitution Bench, while upholding the validity of the amendment, dealt with a further question, namely, though the principle of next in line was validly abolished, whether the appointment of office bearers or servants of the temples are required to be made from a particular denomination/group/sect as mandated by the Agamas i.

Under Section 17 the Board is obliged to consider the objections/representations received in response to the communication/notices issued under Section 16(2) and on the basis thereof carry out such modification in the scheme earlier prepared as may be necessary. 310, also makes no distinction between permanent and temporary posts and extends its protection equally to all Government servants holding permanent or temporary posts or officiating in any of them.

As this rule does not seem to contemplate the, constitution of two separate establishments in one and the same office I am of opinion that the two posts in question should be regarded as additions to the strength of my office and as such they must remain under my administrative control. Though the word may has been used therein, the word may in both the sub-sections has to be understood as shall because a court charged with the task of enforcing the statute needs to decide the consequences that the legislature intended to follow from failure to implement the requirement.

" To this letter the Government of India replied to the effect that though the post was under the administrative control of the Director General, Indian Medical Service, it was a post outside the regular establishment and the incumbents of this post as also of another similar post should be absorbed in the regular establishment when vacancies occurred in future. However, in granting relief at the end of a protracted litigation, as in the present case, the Court cannot be unmindful of facts and events that may have occurred during the pendency of the litigation.

127 is the only rule under which additions to a regular establishment can be made for the performance of the work of private bodies. It may, at times, become necessary to balance the equities having regard to the fact situation and accordingly mould the relief(s). The acquisition under the 1903 Act and the allotment of 55 acres of land to the respondent No. 311 which is in the nature of a proviso to Art. 28 having been found to be contrary to law consequential orders of handing over of possession of the entire land should normally follow.

treatises pertaining to matters like construction of temples; installation of idols and conduct of worship of the Deity. The contention is clearly sound, and we should have given effect to it, were it not that the result of this litigation would affect the rights of members of the public, and we consider it just that the matter should be decided on the merits, so that the controversies involved might be finally settled. 31O of the Constitution, which makes no distinction between persons holding permanent or temporary posts in the matter of their tenure being dependent on the pleasure of the President or the Governor, Art.

It is argued that when a party acquiesces in a judgment and deliberately allows the time for filing an appeal to lapse, it would not be a sufficient ground to condone the delay that he has subsequently changed his mind and desires to prefer an appeal. Jayaraj in unequivocal terms, that mere possession and recovery of currency notes from an accused without proof of demand would not establish an offence under Sections 7 as well as 13(1)(d)(i) that he was a frequent liar and lied about his spiritual experiences; that his spiritual experiences were based on sexual and schizophrenic stimuli and that he was the initiator of the Hindu-Muslim divide and was responsible for the partition of the country.

Within a period of 30 days following the publication of the notification in the Gazette the Board is required to serve notice on every person whose name appears in the assessment list of the Municipality or the local body concerned or in the land revenue register requiring such person to file objections, if any. We have accordingly condoned the delay, and have heard counsel on this application.