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A. Sanjeevi Naidu and ors. Vs. the Madras State Transport Undertaking ...

Court : Chennai

Subject : Motor Vehicles

Reported in : (1970)1MLJ300

properly co-ordinated road transport set vice, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should … Rule 294-E of the Rules framed under the Act and (iv) the preamble to the scheme in form I, under Rule 294-C, which was actually … ORDERM. Anantanarayanan, C.J. 1. These writ proceedings involve, essentially, the validity of … by the State Government. Secondly, there is the related question whether under some delegation of power in the administrative correspondence made available to us, Mr. T.V. Venkataraman could claim that he was clothed with The necessary authority … its Director, Mr. T.V. Venkataraman, under Section 68-C of the Motor Vehicles Act, 1939 (Chapter IV-A). The writs seek to restrain both the first respondent

Manohar S. Prabhu and Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Constitution

Acts : Constitution (Fourteenth Amendment) Act, 1962 - Sections 3(1), 3(2), 3(3), 4 and 14; Constitution (Seventh Amendment) Act, 1956; States Reorganisation Act, 1956; Representation People Act, 1951 - Sections 4, 5, 6 and 14; Constitution of India - Articles 171(3), 226, 239A, 240, 331, 368, and 368(1)

Reported in : 1987(1)BomCR130

effective method of carrying out that policy, a discretion is vested by the statute upon a body of administrators or officers to make selective application of the law to certain classes or groups of persons the statute … seats to be filled by persons chosen by direct election. The last general elections to the Legislative Assembly of Goa, Daman and Diu were held … Amendment) Act, 1962, as well as of sub-section (3) of section 3 of the Government of Union Territories Act, 1963, and of the Notification No. 110123/85-UTL issued by the Government of India, Ministry of Home Affairs, on 16th … is one of the basic features of our Constitution is undisputable. The Preamble of the Constitution is by itself elucidative, for it is stated therein … section 4 of the Constitution (Fourteenth Amendment) Act, 1962, as well as of sub-section (3) of section

Dr. M.C. Sharma, Lecturer Vs. the Punjab University, Chandigarh and Ot ...

Court : Punjab and Haryana

Subject : Constitution

Acts : Constitution of India - Articles 7, 9, 13(1), 14, 15, 15(1, 2, 3 and 4), 16, 16(1, 2, 3, 4 and 5), 17, 18, 19(1), 29, 29(2), 32, 38, 39, 39A, 41, 46, 226, 323, 323(A and B) and 323A(2); Administrative Tribunals Act, 1985 - Sections 3, 4, 14, 15 and 28; Chancery Procedure Act - Sections 50; Specific Relief Act, 1877 - Sections 42; Specific Relief (Amendment) Act, 1963 - Sections 34 and 39; Andhra Pradesh State and Subordinate Service Rules - Rules 11-A, 22A; Constitution First Amendment Act, 1951; Indian Penal Code (IPC), 1860 - Sections 497; Bombay Municipal Boroughs Act, 1925 - Sections 10(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 497; Punjab Prisons Service (Class II) Rules, 1963; Constitution (42nd) Amendment Act, 1977 - Article 323-A; Industria

Reported in : AIR1997P& H87

under our constitutional system is among equals and similarly situated. Equality in general cannot be universally applied and is subject to conditions and restrictions as … power to grant such a decree independently of the requirements of the Section.'Section 34 of the Specific Relief Act, 1963 replaced Section 42 of the earlier Act and provided,'Any person entitled to any legal Character, or to any … equality is the heart and soul of the Indian Constitutional system. The preamble of our Consitution promises equality which is explained and detailed in Articles … of the impugned Rule of the Punjab University Calendar, admittedly applicable in the Colleges run by the Chandigarh Administration, the decision of which was conveyed to him vide Annexure P/1. Annexure P/1 and the Rule is alleged

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1, 2 to 6, 7, 8, 9, 10, 11, 11(1), 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 11(8), 11(9), 11(10), 12, 12(3), 13, 14, 15, 16, 16(1), 17, 18 to 27, 28 to 33, 34 to 37, 37(2), 44 to 60, 61 to 81 and 82 to 86; Arbitration Act, 1859; Arbitration Act, 1940 - Sections 2 to 43 and 85; Code of Civil Procedure (CPC) , 1908; Limitation Act, 1963 - Sections 43; United Provinces (Temporary) Control of Rent and Eviction Act, 1947; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18; Constitution of India - Articles 32, 136, 226 and 227; Code of Civil Procedure (CPC) , 1859; Arbitration Act, 1899; Industrial Disputes Act, 1947 - Sections 10 and 10(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 7 and 35; Foreign

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

(UNCITRAL) has adopted a Model Law for International Commercial Arbitration and the General Assembly of the United Nations has recommended that all countries give due … to approach the Supreme Court is saved. Chapter X deals with miscellaneous matters. Section 43 makes the Limitation Act, 1963 applicable to proceedings under the Act as it applies to proceedings in Court.7. We will first consider the … relating to conciliation and for matters connected therewith or incidental thereto. The preamble indicates that since the United Nations Commission on International Trade Law (UNCITRAL) … and Anr. v. Rani Construction Pvt. Ltd. : [2002]1SCR728 has taken the view that it is purely an administrative function, that it is neither judicial nor quasi-judicial and the Chief Justice or his nominee performing the function … P.K. Balasubramanyan, J.Leave granted in SLP(C) Nos. 3205/2004, 14033-14034/2004, 21272-273/2002.1. What is the nature of the function

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

Subject : Education

this distinction that it committed an error in directing that Administrators General in accordance with the provisions of Administrators General Act No.45 of 1963 and an official trustee under Official Trustee Act No.2 of 1913 should take over the … which the law regards as charitable because the purpose is not within the spirit and intendment of the preamble. No trust can be charitable, if it is illegal or contrary to public policy. 61. With regard to … 1. The appellants-plaintiffs have preferred this Regular First Appeal challenging the judgment and

Agricultural Produce Marketing Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1996)57ITD109(Delhi)

not. He referred to the provisions of Section 3 (31) of the General Clauses Act, 1897, wherein "local authority" has been defined to mean a … WR 460, the Supreme Court has held that a Marketing Committee functioning under the Gujarat Agricultural Produce Markets Act, 1963, is a local authority for the purpose of Section 6 of the I.T. Act. In para 4 of … was a local authority, the learned counsel invited our attention to the preamble of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976, which provides that … 1. The assessee is in appeal against the order … being in force or arrange the collection of such other agricultural produce in the market area as the Administrator may notify in the official gazette. It is also empowered to take all possible steps to prevent adulteration

C.R. Shivananda and Another Vs. H.C. Gurusiddappa and Others

Court : Karnataka

Subject : Land Acquisition

this distinction that it committed an error in directing that Administrators General in accordance with the provisions of Administrators General Act No.45 of 1963 and a official trustee under Official Trustee Act No.2 of 1913 should take over the … private trust, the beneficiaries are an ascertained body of persons. The Indian Trusts Act as clear by its Preamble and contents is applicable only to private trusts and not to public trusts. The essential distinction between a … District Judge, Chickmagalur, decreeing the suit for possession and appointment of trustee. 1. These two regular first appeals are filed by defendants 2 and 3

Surat District Cooperative Bank Limited. and 1 Vs State of Gujarat and ...

Court : Gujarat

Subject : Property

Acts : Principal Act.- Section 76, Constitution of India Article 19(1)(c),19(1)(g),14,

Section 67A regarding writing off of bad debts and Section 81 with reference to appointment of persons as Administrators for managing the affairs of the society. Such prayer has not been made in view of the following … affiliation or disaffiliation with a federal society is passed in the annual general meeting held for the purpose with three fourth majority of total members, … Panchayats, Market Committees and Municipal Corporations under the Gujarat Panchayats Act, 1993, the Gujarat Agricultural Produce Market Committees Act, 1963 and under the BPMC Act, 1949, respectively, are concerned. This apart, the enactment of the said provisions are … of the National Bank for Agriculture and Rural Development Act, 1981. The preamble of the said Act is required to be considered. It is the … 1. In these cases, while the petitioners have challenged

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

Subject : Education

so, then such repeal will at once attract Section 6 of the General Clauses Act. In such a situation all prosecutions under the Indian Press … Assembly of Delhi and the Council stood abolished. In the 18 year 1953, the Government of Union Territories Act, 1963 was enacted to provide for Legislative Assemblies and Council of Ministers for various Union Territories but the provisions … such a way that the constitutional goal as set out in the Preamble of our Constitution is realised. 62 69. The postulates laid by Locke … categories, namely, States and Union Territories remained and Delhi became a Union Territory to be administered by an administrator appointed by the President. The Legislative Assembly of Delhi and the Council stood abolished. In the 18 year … democracy……. 74­93 I. Collaborative federalism………………………. 93­100 J.Pragmatic federalism…………………………… 101­104 K. Concept of federal balance…………………… 104­108 Interpretation of

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Subject : Sales Tax/VAT

calculated taking into account the principle underlying Clause (c) of Sub-section (1) of Section 17 of the Limitation Act, 1963. A refund claim in such a situation cannot be governed by the provisions of the Central Excises and … Widia (India) Ltd. : AIR2003SC3095 it has been submitted that where the general sales tax is applicable to the goods locally made and those imported … is compensatory or not, though cannot be made to depend on the preamble of the statute imposing it, the working test for deciding the same … have been frowned upon by the Constitutional law. This is a trite proposition but the complexities of modern administration are so bafflingly intricate and bristle with details, urgencies, difficulties and need for flexibility that our Legislatures may