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H.L. Rodhey and ors. Vs. Delhi Administration and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 1(3), 3, 12, 14, 16, 239, 258(1), 309, 311, 311(2), 361(1), 367(1), 372, 372-A; Delhi Administration Subordinate Ministerial Executive Service Rules, 1967 - Ruels 3, 5, 6, 7, 8, 9, 12 and 13; General Clauses Act, 1897 - Sections 3(58); Government of Union Territories Act, 1963 - Sections 2(1), 47 and 55; Adaptation of Laws Order, 1950; Adaptation of Laws (Amendment) Order, 1956; Constitution of India (Seventh Amendment) Act, 1956; Evidence Act, 1872 - Sections 123 and 124; Bombay Reorganisation Act, 1960 - Sections 87; Punjab Educational Service (Provincialised Cadre) Class 3, Rules, 1961 - Rule 6(3); Land Acquisition Act

Reported in : AIR1969Delhi246

in view of the definition of 'State' in Section 3 of the General Clauses Act. Rules for the services of the Union Territory could not, … nto be proper, thereforee, to try to apply these decisions to Union Territories.Already, the Government of Union Territories Act, 1963 has in Section 55 thereof enacted that all contracts in connection with the Administration of a Union Territory … being made and filed in the exercise of the Executive power of the Union. It is true that Section 47 of the Government of India Union Territories Act establishes a separate consolidated fund for the Union Territories, but … along with the connected Writ Petitions, 530/68 (Darshan Kumar Puri v. Delhi Administration) and 508/1968 (M. Prasad v. Delhi Administration) has been tiled by certain

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

void and plaintiff has no right to the suit schedule site. The General body meeting authorised the new office bearers in the meeting held on … not from the date of registration but from the date of execution of the said document.;(D) Specific Relief Act, 1963 - Section 31--Cancellation of a sale deed under--Unilateral cancellation of a sale deed by a vendor who had executed the … the deed. The title is complete and the effect of registration is to make it unquestionable and absolute. Section 47 of the Act makes it clear that a registered document shall operate from the time from which it … were taken by the society.16. Thereafter, the society was superseded and an administrator was appointed. The administrator did not take any steps. However, after elections

Gobald Motor Services (P.) Ltd., Mettupalayam Vs. Regional Transport A ...

Court : Chennai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 47, 47(1), 47(3), 48, 57 and 57(2)

Reported in : AIR1969Mad441; (1969)2MLJ574

Section 57 (3). It is said that consideration of the matter under Section 47 (3) is purely for administrative convenience and the matter can be fully gone into while considering applications under Section 57 (3).4. It is … procedure laid down in Section 57."6-7. In Abdul Mateen v. Ramkailash, AIR 1963 SC 64 at pp. 67 and 68 which is followed in the … 1. These cases raise a common question, the place of Section 47 (3) of the Motor Vehicles Act in the scheme of the Act for the grant of permit for … of W. P. 1994 (1984?) of 1967 and discuss the principles applicable generally.2. The appellant in W. A. 264 of 1967, is operating one bus

The State of Gujarat Vs. Dhirajlal Amratlal Kansara and anr.

Court : Gujarat

Subject : CivilService

Reported in : (1975)16GLR982

contention, Mr. Patel invited our attention to Section 19 of the Bombay General Clauses Act, 1904 (Bombay Act No. 1 of 1904), which provides as … of the Chief Officer who was appointed as the Chief Officer under Section 47(1) of the Gujarat Municipalities Act, 1963 had expired on February 29, 1972. By an order dated March 1, 1972 (vide Ex. 11) passed by … Sessions Judge, Surendranagar. It was contended before the learned Sessions Judge, that the in-charge Chief Officer can exercise administrative functions and cannot exercise any statutory powers. The learned Sessions Judge took the view that the in-charge Chief

Satubha K. Vaghela Vs. Moosa Raza, the District Development Officer

Court : Gujarat

Subject : Civil

Reported in : (1969)10GLR23

under Section 321(4)(iii). Section 321 Clause (4) provides that subject to the general or special orders which the State Government may issue from time to … along with these two orders, the resolution No. 3/11 dated 17th August 1963 delegating powers under Section 49 of the Gujarat Panchayats Act, 1961, hereinafter … Act. The term 'its functions' was of a wide amplitude and was not restricted to only day-to-day or administrative functions referred to in Sections 117 or 118 of the Act but would cover even quasi-judicial functions. It … his conduct would obviously amount to misconduct in the sense in which we have analysed this expression. Under Section 47(1), save at otherwise expressly provided by or under this Act, the executive power for the purpose of carrying

Smt. Bindu Garg Vs. State of Haryana

Court : Punjab and Haryana

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 23; Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963; Indian Stamp (Haryana Amendment) Act, 1973 - Sections 47A

Reported in : (1999)122PLR794

market value at the rate of Rs. 1.50 per square yards. In Administrator General of West Bengal's case (supra) this court upheld rejection of the … the notification Ex.P.36 under Section 4 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 was issued on January 5, 1978. As such the sale instances do not reflect a fair market value … of K.S. Shivadevamma and other (supra):-'This court also had held that the circulars issued by the Government under Section 47-A of the Stamp Act for fixation of stamp duty and the registration fee would not form basis to

Delhi Transport Corporation Vs. Shri Dharam Pal (Ex. Driver)

Court : Delhi

Subject : Service

Acts : Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 44, 45, 46, 47 and 279; ;Delhi Road Transport Laws (Amendment) Act, 1971 - Sections 4; Delhi Road Transport Laws (Amendment) Act, 1950; Delhi Municipal Corporation Act, 1957 - Sections 516(2); Road Corporation Act, 1950 - Sections 45; Industrial Disputes Act - Sections 2; Constitution of India - Article 226

Reported in : 160(2009)DLT555

the rule of judicial discipline which is sine qua non for sustaining the system. In Mahadeolal Kanodia v. Administrator General of W.B., this Court observed: (AIR p.941, para 19) 19. ...If one thing is more necessary in … Judgment shall dispose of all the aforesaid matters which raises the following Common questions for our consideration:i) Whether Section 47 of the 'Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (hereinafter referred to

Seetarama Shetty Vs. Visweswarayya Iron and Steel Ltd.

Court : Karnataka

Subject : Service

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 141; Specific Relief Act , 1963 - Sections 34 and 47; Karnataka State Servants (Determination of Age) Act, 1974; Karnataka High Court Writ Proceedings Rules, 1977 - Rule 39; Constitution of India - Article 226; Companies Act

Reported in : ILR1992KAR3392

9 of the Civil Procedure Code and that of 'Legal character' in Section 34 of the Specific Relief Act, 1963 (Central Act No. 47 of 1963), this Court held that there is no exclusion of jurisdiction of the … superior judicial quality than what is generally available under other statutes, and the Judges being entrusted exclusively with administration of justice is expected to be better. It is difficult to find a case where interference in writ … the Civil Procedure Code is of superior judicial quality than what is generally available under other statutes, and the Judges being entrusted exclusively with administration

Commissioner of Income-tax Vs. Agricultural Marketing Produce Comcommi ...

Court : Delhi

Subject : Direct Taxation

Acts : Delhi Agricultural Market Produce Marketing (Regulation) Act, 1976 - Sections 2, 5, 5(7), (9), (10) and (14), 8, 9, 10, 25, 26, 27, 28, 29, 34, 35, 39 and 65; Income-tax Act, 1961 - Sections 10(20) and 256(1); General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) General Rules, 1978; Constitution of India - Article 239; Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966; Land Acquisition Act, 1894; Delhi Development Act - Sections 3, 4, 5, 30, 37, 52, 56 and 59; Gujarat Agricultural Produce Markets Act, 1963

Reported in : (2001)165CTR(Del)298; [2001]250ITR369(Delhi)

Section 10(20) of the Income-tax Act read with Section 3(31) of the General Clauses Act, 1897 ?2, Whether, on the facts and in the circumstances … Bombay High Court examined the question whether the market comcommittee constituted under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, to which reference has been made, was a local authority. After examining various clauses of the Act, it … to constitute a local authority, is absent and over all dominionof power lies with the board or the administrator. The above being the position, one of the major ingredients required to make a body a local authority … amend the schedule (section 66)(xiii) Director to call for proceedings etc. (section 47).(xiv) Power of administrator to transfer assets etc. in certain cases (section 67)(xiv)

Sangli Miraj and Kupwad City Municipal Corporation Vs. Balkrishna Hari ...

Court : Mumbai

Subject : PropertyCivil

Acts : Maharashtra Regional and Town Planning Act, 1966 - Sections 47, 126 and 127; Constitution of India - Article 226

Reported in : 1999(4)ALLMR188

Matched in: Advocate N.V. Walawalkar and ;G.H. Keluskar, Advs. A.Y. Sakhare and ;Gauri Godse, Advs. for Respondent 1 and ;C.J. Sawant, Adv. General and ;V.V. Digama, AGP for Respondents 2 to 18