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Bombay Environmental Action Group, a Society Registered Under the Soci ... Overruled

Court : Mumbai

Subject : CivilProperty

Acts : Maharashtra Regional and Town Planning Act, 1966 - Sections 2, 2(7), 2(9A), 2(12), 22, 22A, 29, 31, 31(5), 33, 37, 37(1), 37(1A), 37(1AA), 37(2), 38, 50, 58(1), 125, 126, 126(1), 127, 128 and 149; Bombay Town Planning Act, 1915 - Sections 3; Bombay Town Planning (Amendment) Act, 1954 - Sections 7; Bombay Town Planning (Amendment) Act, 1955; Mysore Town and Country Planning Act, 1961; Constitution of India (42nd Amendment) Act, 1976 - Article 48A; Constitution of India - Articles 14, 21, 31, 47, 48A, 51A, 141, 142, 226 and 368; Conciliation and Arbitration Act, 1904-1952;Greater Bombay Development Control Regulations, 1991 - Regulations 1, 52, 52(4), 53(1), 56, 57, 58, 58(1), 58(2), 58(3), 58(4), 58(5), 58(6), 58(7), 58(8), 59(9) and 62(3); Maharashtra Slum Areas (Improvement, Clearan

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

down and declared ultra vires Sections 5 and 6 of the Chattisgarh Private Sector Universities (Establishment & Regulation) Act, 2002. The said submission of the Respondents fails to supply an explanation why, allegedly, this Hon'ble Court's wide powers … not ultra vires the MRTP Act, contrary to the mandate of Article 48A and in violation of the Petitioners' rights under Article 21 of the … more than reiterate what amended DCR 58 means, then whether the amendment to DCR 58 is permissible under Section 37 of the MRTP Act?d) Assuming the amendment to DCR 58 was permissible under Section 37, then whether

Small Hydro Power Developers' Vs. Transmission Corporation Of A.P.

Court : Appellate Tribunal for Electricity APTEL

Subject : Electricity

renewable sources of energy. It also points out that the cost of energy can be reduced by promoting competition within such projects. At the same time, it emphasises that adequate promotional measures would also have to be … 'APERC/Commission') again seeking revision of the wheeling charges.14. APERC on March 24, 2002 in O.P. No. 510 of 2001 revised the wheeling charges for the … preamble to the Electricity Act, 2003 and Article 48A of the Constitution.59. Learned Counsel for the respondents … requisite impetus to power generation from non-conventional energy sources. The letter recites that under the new strategy and Action Plan of the Ministry of Non-Conventional Energy Sources special emphasis is to be given to generation of grid … party sale, in the absence of conferring the status of licensee under Section 3 of the Indian Electricity Act, the Entrepreneurs/ Developers of non-conventional energy

Planters Forum Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

The Wildlife (Protection) Act, 1980.6. The Forest (Conservation) Act, 1980.7. The Spices Board Act, 1986.8. The Biological Diversity Act, 2002. These Central Acts directly and squarely occupy the field now sought to be taken over by the Act … affidavit as the reply. The counter affidavit states that as per Article 48A of the Constitution of India, the State is obliged to endeavour to … affirms the values of equality, a classless society, freedom and democracy. It rejects the capitalist system and its competitive ethos as being inefficient in its use of resources .... They (Socialists) want a new system, whether by … 2003 Act was passed by the State Legislature and notified on 06.06.2005. Section 1(2) further provided that the 2003 Act shall be deemed to have

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

quasi legislative or statutory exercise is mandated by law, has different implications, for example under the Environment Protection Act. This aspect would be considered subsequently.10. In Gwalior Rayon Silk Mfg. Co. Ltd. v. Assistant Commissioner of Sale … India and Others v. Telecom Regulatory Authority of India and Others,20the dictum in Cynamide India Ltd. was followed. Section 11(4) of the Telecom Regulatory Authority of India Act, 1997, it was held, requires that the authority (i.e.

Ultra Tech Cement Limited Vs. the Secretary to Government, Commercial ...

Court : Chennai

Subject : Sales Tax/VAT

Acts : Tamil Nadu Value Added Tax Act, 2006 - Sections 31, 32, 33 and 33(1); Tamil Nadu General Sales Tax Act, 1959 - Sections 17(4); Central Sales Tax Act; Bihar Reorganisation Act, 2000 - Sections 84 and 85; Tamil Nadu General Sales Tax Rules, 1959 - Rule 48A; Tamil Nadu Value Added Tax Rules, 2007 - Rule 16(4)

Reported in : (2008)16VST481(Mad)

of manufactured port land cement. The non-collection of tax by the unit is in order to maintain the competitive advantage and this provision is incorporated in Rule 48A of the Tamil Nadu General Sales Tax Rules, 1959. … by order in O. P. No. 669 of 2001, dated January 4, 2002 in the case of V.V.K. Packaging Private Ltd. v. Assistant Commissioner (CT), … orders.2. The petitioner is a public limited company engaged in the manufacture of cement, carrying on its manufacturing activities in 10 plants located in various parts of the country, including manufacturing unit at Arakonam Village, Vellore District. … chain, the value added tax, inter alia, provided a deeming provision in Section 33 of the Act.5. It is the case of the petitioner that

Gene Campaign . Vs. Union Of India

Court : Supreme Court of India

Subject : Education

time to the CPB, have to be brought in line with the said protocol. Similarly, the Biological Diversity Act, 2002, casts a duty on the Central Government to protect biodiversity as per Section 36 of the said Act. … Hazardous Micro-organisms, Genetically Engineered Organisms or Cells, 1989 in consonance with Article 14, 19, 21, 38, 47, 48, 48A read with 51-A(g) of the Constitution and in the eventuality of the respondents failing to do so, declare

Indian Council for Environ Legal Action and anr. Vs. Union of India (U ...

Court : Karnataka

Subject : ConstitutionEnvironment

Acts : Constitution of India - Articles 21, 48A and 51A; Environment (Protection) Act, 1976; Water Pollution Control Act, 1974; Air Pollution Control Act, 1981

Reported in : ILR1997KAR2956

air are estimated to go up by a factor of 9 by 2002. This magnitude of air emissions could have an adverse impact on the … and healthy environment and ecology is by-passed, Article 48A of the Constitution requires the State to protect … China. The project site is close to Seabird Naval base and R.1 has not even called for a competitive bidding while accepting the offer of R.7. The respondents have totally ignored the fact that the entire area … Government of India decided to liberalise the policy for the development of power Sector in India. Electricity (Supply) Act. 1948 was amended by the Electricity Laws (Amendment) Act of 1991 to enable private parties to establish, operate … the Environment Protection Act, 1976 and the Rules framed thereunder; requirements of Section 29 of the Electricity (Supply) Act, 1948 has to be complied with

Competition Commission of South Africa Vs. Arcerlormittal South Africa ...

Court : South Africa Supreme Court of Appeal

Subject : MRTP

Commission alleges they have engaged in prohibited practices as part of a steel cartel in contravention of the Competition Act 89 of 1998 (the Act). It refuses to hand over the documents, saying they are privileged and also … in terms of the Commissions CLP for price fixing and market allocation in relation to rebar, wire rod, sections (including rounds, squares angles and profiles). 8.8 Scaw confirmed in the application for leniency that there has been

Sri Bhramarabar Das, Sundargarh Vs. State of Orissa and ors.

Court : Orissa

Subject : Land Acquisition

to limit the period of auction up to a maximum period of one year, because it will encourage competition among the interested persons and prevent monopoly of any particular person. Therefore, the maximum period of auction prescribed … followed by the Model Rules, which is in the spirit of Article 48A, Article 51A(g) read with Article 21 of the Constitution. Having said so, … unit is about Rs.20 to 25 lakhs. Besides arranging finance from Banks, for getting licence under the Explosive Act, Pollution Control Act, Sales Tax/Value Added Tax Act etc. cumulatively it will take minimum 3 to 6 months’ … of the OMMC Rules, 2004 have not been made in consonance with Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (for

Hemanta Kumar Mishra Vs. State of Orissa and Others

Court : Orissa

Subject : Land Acquisition

be less than the value at which such immovable property could be sold, leased, or transferred in fair competition. The crucial expression is "normal and fair competition". In other words, NDMC is obligated to adopt the procedure … followed by the Model Rules, which is in the spirit of Article 48A, Article 51A(g) read with Article 21 of the Constitution. Having said so, … 35 of Rules 2004. Tahasildar, Bolangir vide letter No.2943 dated 14.09.2010 requested the Collector, Bolangir to take necessary action to lease out the aforesaid stone quarry to the petitioner. Collector, Bolangir vide letter dated 19.01.2011 requested opposite … Council, reported in (2007) 8 SCC 7.held as under:“22. The mandate of Section 141(2) is that any immovable property belonging to NDMC is to be