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Dr. P. Sitapati Rao S/O. P. Hanumantha Rao Vs. Institution of Lokayukt ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Andhra Pradesh Lok Ayukta and Upa-Lok Ayukta Act, 1983 - Sections 2 and 10; Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 (Fasli); Andhra Pradesh Societies Registration Act, 2001 - Sections 28; Evidence Act, 1872 - Sections 45; Constitution of India - Articles 12, 14, 226, 309, 310 and 311; Post Graduate Institute of Medical Education and Research, Chandigarh Act, 1966 - Sections 4

Reported in : 2008(3)ALD451; 2008(2)ALT309

P. Sitapati Rao, hitherto the Additional Director General (Irrigation), National Academy of Construction and Ex-officio Advisor, Irrigation & Command Area Development Department of the Government of A.P. has filed these two writ petitions. In W.P. No. 5563 … The object underlying it was to cater to the postal needs of the rural communities dispersed in remote areas. The system availed of the services of schoolmasters, shopkeepers, landlords and such other persons in a village who … petition, the petitioner states that he worked in the Irrigation Department from 1980 till he superannuated in the year 1993 as the Chief Engineer, that … Constitution of India. Reference is made to the preamble of Act 11 of 1983 to contend that … Section 2(k)(iii) and 2(k)(V)(4) of the A.P. Lok Ayukta and Upa-Lok Ayukta Act, 1983, (hereinafter referred to as Act 11 of 1983), and as amenable … the A.P. Lok Ayukta and Upa-Lok Ayukta Act, 1983, (hereinafter referred to as Act 11 of 1983),

Ram Ganga Command Area Development Authority and anr. Vs. Sheetal Kuma ...

Court : Supreme Court of India

Subject : Service

Reported in : AIR2003SC1340; 2003(4)ALT54(SC); 2003(3)AWC1825(SC); (2003)3CALLT8(SC); [2003(97)FLR322]; 2003(1)JKJ635[SC]; JT2003(3)SC151; 2003(3)SCALE165; (2003)9SCC32; [2003]2SCR958

the parties and ultimately come to the conclusion that the employee was in substantive employment with Ram Ganga Command Area Development Project (hereinafter referred to as the 'Project') and thereafter in the Ram Ganga Command Area Development … parties and ultimately come to the conclusion that the employee was in substantive employment with Ram Ganga Command Area Development Project (hereinafter referred to as the 'Project') and thereafter in the Ram Ganga Command Area Development Authority … Per Wanchoo and Ayyangar, JJ (dissenting) (1) The preamble of the Act would indicate that the Act … Service Tribunal (in short 'the Tribunal') questioning refusal of the increments in 1980. It is relevant to note that before the Tribunal, the State Government … working as Field Officer. The Milk Board by its letter dated 25.2.1977/1.3.1977 acted on the said request. The letter of the Milk Board is of

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 2(2), 4(2), 6 to 8, 14 and 15; Indian Succession Act, 1925; Bihar Scheduled Areas Regulation, 1969; Constitution of India - Articles 13(3), 14, 15, 16, 21, 39, 41, 46, 51 and 366; Chota Nagpur Tenancy Act, 1908 - Sections 7 and 8; Santhal Parganas Tenancy (Supplymentary Provisions) Act, 1949; Santhal Parganas Tenancy (Supplymentary Provisions) (Amendment) Act, 1958; Protection of Human Rights Act, 1993 - Sections 12; Punjab Preemption Act, 1930 - Sections 15; Hindu Marriage Act, 1954; Hindu Adoptions and Maintenance Act, 1956; Passport Act, 1967; Transfer of Property Act, 1882; General Clauses Act, 1897 - Sections 13(1); (Kullaiamma Thumporan Korilakam Society Partition) Act, 1961; Kerala Hindu Joint Family Abolition Act,

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

religion and law are founded upon the community life for man's well being. The man will obey the command of the community by consent. The law formulates the principals to maintain the order in the society to … of the Chief Minister, Cabinet Ministers, legislators and parliamentarians representing the tribal areas, met on July 23, 1988 and decided as under :The tribal society … 'land is a part of his spiritual as well as economic heritage.'27. Dr. L.P. Vidyarthi in his Tribal Development Act and Its Administration, published by Concept Publishing Co., (1986 Edn.), has stated at page 310 that the element … empowerment of economic, social and cultural rights.14. As per the U.N. Report 1980 'woman constitute half the world population, perform nearly two thirds of work … social injustice and all forms of exploitation. The Preamble to the Constitution charters out the ship of … of the Chhota Nagpur Tenancy Act, 6 of 1908, (for short, the 'Act') are ultra vires Articles

Budha Ram and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : PropertyCivil

Acts : Constitution of India - Articles 14, 31A, 31C, 39 and 226; Rajasthan Colonisation (Allotment and Sale of Government Land in Rajasthan Canal Colony Area) Rules, 1975 - Rule 23; Rajasthan Land Revenue Act, 1956 - Sections 83; Rajasthan Colonisation Act, 1954

Reported in : AIR1985Raj104; 1984()WLN291

20th Feb., 1980, it has been provided that land up to ceiling limit can be allotted in the areas notified in this respect. Similarly, under Sub-sections (1) & (2) of Section 15-AAA of the Tenancy Act, as … per the averments made in the writ petition, the petitioner No. 1 Budharam was allotted 3 bighas of command land and 10 bighas of un-command land in Murabba No. 195/409 in Chak 1 SVS; 12 bighas of … itself and it is not necessary to repeat the same in the preamble or otherwise. According to Shri Mathur, the reference of the case of … age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and .dignity and

Rail Vihar Kalyan Sahkari Awas Samiti Ltd. and anr. Etc. Etc. Vs. Stat ...

Court : Allahabad

Subject : PropertyConstitution

Acts : Uttar Pradesh Co-operative Societies Act 1965; Stamp Act, 1899 - Sections 2(6), 29, 38(2), 47A, 62 and 64; Transfer of Property Act, 1882 - Sections 54, 105 and 108; Uttar Pradesh Industrial Area Development Act, 1976 - Sections 7 and 14; Indian Contract Act

Reported in : AIR2005All86; 2005(1)AWC682

terms and conditions of the lease deed. The provisions of U.P. Industrial Area Development Act 1976 and the Rules/Regulations framed under the Act or any … subleases shall abide by the terms and conditions of the lease deed. The provisions of U.P. Industrial Area Development Act 1976 and the Rules/Regulations framed under the Act or any directions issued are binding upon the lessee. The … in any sphere of activities contrary to the professed ideals in the Preamble. Exclusion of Article 14 in contractual matters is not permissible in our … execute 'the tripartite sale deed of super structure of the plots and sub-lease deed of the land', and commanding them not to take any coercive methods. They have also prayed for a direction, to CGEWHO to give … issued by Additional Chief Executive Officer, NOIDA dated 13-11-2002 and 7-1-2003 by which the NOIDA has directed

State of Bihar and Others Vs. Indian Aluminum Company and Others

Court : Supreme Court of India

Subject : Environment Constitution

Acts : Constitution of India - Articles 14, 19, 30, 213, 240, 254, 265, 300A and 310; Forest Conservation Act, 1980; Mines and Minerals Regulation Act, 1957; Orissa Rural Employment, Education and Production Act, 1992

Reported in : AIR1997SC3592; JT1997(8)SC201; 1997(6)SCALE210; (1997)8SCC360; [1997]Supp4SCR222

respondents, had been granted by the State of Bihar leases for different areas under the provisions of Mines and Minerals Regulation Act, 1957. These leases … meaning of Entry 49 List II; that in view of the provisions of Mines and Minerals (Regulation and Development) Act, 1957 and the rules farmed thereunder it was an occupied field and, therefore, the State Legislature was denuded … was denuded of all its power to enact the said Act; that in view of the Forest Conservation Act, 1980 it was doubtful whether the Impugned Act could impose the tax. It was also held by the High … legislation, it was contended, was provided in the preamble to the Bill, which was introduced for replacing … ordinance and rules framed thereunder were unconstitutional and void and writ of mandamus was issued restraining the respondents therein and its officers from giving effect … and Improvement of Degraded Forest Land Taxation Act, 1992 (hereinafter referred to as the 'said Act'). The

V. Ponnusamv and ors. Vs. Government of Tamil Nadu and ors.

Court : Chennai

Subject : PropertyConstitution

Acts : Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971; Constitution of India - Articles 14, 31C and 47; Land Acquisition Act, 1804 - Sections 23, 19 and 28

Reported in : AIR1984Mad156; (1983)IIMLJ459

Mohan, J. 1. These writ petitions challenge the validity of the Tamil Nadu Slum Areas (Improvement and Clearance) Act. 1971 (Tamil Nadu Act I I of 1971). (Throughout the course' of our Judgment. … held in a batch of writ Petitions viz,. W, P. 797 of 1980 etc.. Anent Arnmal v. Collector of Tirunelvell. that the right of eaualltv … clear from the obJect of the Act. The preamble states as follows:-'Whereas the number of slums in … stage. Questioning the validity of acquisition. this writ petition has been referred for a writ of certiorari or Mandamus to quash the acquisition proceedings and to forbear the residents from acquiring the lands for the , our … compensation under this Act. The public purpose tinder this Act is for developing any slum cleome area or rehabilitating slum dwellers. They do not furnish

Nikesh Tarachand Shah Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

in Maneka Gandhi [(1978) 1 SCC248 which marks a watershed in the development of constitutional law in our country, this Court, for the first time, … 9 designate one or more Courts of Session as Special Court or Special Courts or such area or areas or for such case or class or group of cases as may be specified in the notification. Explanation.- … to be achieved by the impugned Act. The preamble of the Act showed that it was enacted … who, in turn, sent him to the Lord Treasurer, who sent him to the King himself, who, “immediately commanded that the laws should have their due course.” (See Jenke’s case, 6 How. St. Tr. 1189 at 1207, … the constitutional validity of Section 45 of the Prevention of Money Laundering Act, 2002. Section 45(1) imposes two conditions for grant of bail where an

M.P. Jayashankar Vs. State of Karnataka and Others

Court : Karnataka

Subject : Service

Acts : Constitution of India - Article 16(4); Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 - Sections 2(3) and 4; Karnataka Civil Services (Classification, Control and Appeal), Rules 1957 - Rule 5; Companies Act, 1956 - Sections 617; Karnataka Industrial Areas Development Act, 1966 - Sections 5 and 6

Reported in : 1999(5)KarLJ95

ORDER1. The petitioner has sought for a writ in the nature of mandamus restraining the 3rd respondent-Karnataka Industrial Areas Development Board (hereinafter referred to as 'the Board') from filling up the … or corporation. The Board has been established and constituted under Sections 5 and 6 of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act 1966') and therefore the Board is a statutory Corporation which comes … for other reliefs.2. The petitioner joined the services in the Board on 10-2-1982 as Assistant Engineer. Thereafter, the petitioner, Sri M. Ramakrishnappa and the 4th

D. Ramappa and Etc. Vs. State of Karnataka and ors.

Court : Karnataka

Subject : PropertyCivil

Acts : Karnataka Improvement Boards Act, 1976 - Sections 35; Land Acquisition Act, 1894 - Sections 4

Reported in : AIR1989Kant24

the Land Acquisition Act on 8-4-1980 notifying its intention to acquire portions of nine Survey numbers in- the command area of Millaghatta village belonging to the 7th petitioner and some other Atchkatdars, on the ground that the … need of the day also cannot be disputed. There is tremendous shortage of housing facilities in the rural areas to the persons belonging to weaker sections of the Society.7. In the circumstances, the petitioners who are a … proposals under its letter dt. 19-5-1986 seeking the Government's sanction for the Development Scheme in Survey Nos. 77, 78, 94 to 97, 100 and 106 … the light of the proceedings of the State Government dt. 27-1-1987. The preamble to the Government Order dt. 27-1-1987 shows that the 2nd respondent- Board