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Nov 22 2004

Shish Ram Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-22-2004

Subject : Service

Acts : Army Act - Sections 2, 2(1), 2(2) and 20(3); Indian Reserve Forces Act, 1950 - Sections 5; Indian Reserve Forces Rules, 1955; Indian Reserve Forces Act, 1888 - Sections 4, 5 and 10; ; defense Service Regulations - Rule 206

Reported in : 115(2004)DLT619; 2005(80)DRJ422; 2006(1)SLJ395(Delhi)

from service.10. In this connection, we may also refer to the provisions of Section 5 of the Indian Reserve Forces Act, 1888, which reads as follows:-'Liability of Reserve Forces to Military Law- Subject to such rules and orders as may … said plea the petitioner has relied upon Regulation 206 of the defense Services Regulations and also on regulations 151, 156, 157 and 213 of the said regulations. In order to appreciate the aforesaid plea, which is raised

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Aug 21 2008

The Best Workers Union, a Union Duly Registered Under the Provisions o ...

Court : Mumbai

Decided on : Aug-21-2008

Subject : Property

Acts : Maharashtra Regional and Town Planning Act, 1960 - Sections 2(21), 21(4), 22, 22A, 26, 29, 31, 37, 37(1), 37(1A), 37(2) and 154; Land Acquisition Act; Mumbai Municipal Corporation Act, 1888 - Sections 460K and 460Q; Transfer of Property Act; Indian Registration Act, 1908; Development Control Rules; Development Control Regulations, 1991 - Regulation 9; Constitution of India - Article 226

Reported in : 2008(5)ALLMR848; (2008)110BOMLR2692

force in the contentions raised on behalf of the respondents in this regard. A perusal of the MMC Act, 1888, will demonstrate that neither any legal right is created in favour of the workers of the BEST nor … We have heard all of them for couple of hours each for almost seven consecutive working days and reserved the judgement, which is being delivered today.1. The petitioner is a Recognised Representative Union of workers of 'Brihan … Planning Act, 1960 (hereinafter referred to as 'the MRTP Act') came into force in which the said 7 large track of land including the suit … revised Development Plan.19th November,1997 : The State Government issued an order under Section 154 of the MRTP Act directing the said Corporation to take steps

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Aug 02 2011

Mr.V.Chidambaram Vs. the Commissioner of Police and ors.

Court : Chennai

Decided on : Aug-02-2011

Subject : Service

Acts : Tamil Nadu District Police Act 1859 - Sections 8, 10; Chennai City Police, Act 1888 - Sections 9, 11; Constitution of India - Article 309

pleaded case of the petitioner is, that he was appointed as 'Police Head Constable (Grade-II)' in the Armed Reserve Force, Madurai City, on 14.08.1975. On completion Armourer basis course, he was promoted as 'Head Constable-I (Armourer), on … he was appointed as 'Police Head Constable (Grade-II)' in the Armed Reserve Force, Madurai City, on 14.08.1975. On completion Armourer basis course, he was promoted … of the Tamil Nadu District Police Act 1859, and sections 9 and 11 of the Chennai City Police, Act 1888 (Tamil Nadu Act III of 1888) read with proviso to Article 309 of the Constitution of India, the … 1. The petitioner seeks a writ, in the nature … of Sub Inspector of Police. In exercise of the powers, conferred by section 8 and 10 of the Tamil Nadu District Police Act 1859, and

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Sep 08 1993

State of Karnataka Vs. Dundamada Shetty

Court : Karnataka

Decided on : Sep-08-1993

Subject : Property

Acts : Mines and Minerals (Regulation and Development) Act, 1957 - Sections 4 and 4(1); Karnataka Land Revenue Act, 1964 - Sections 70; Karnataka Minor Mineral Concession Rules, 1969 - Rules 3A, 40 and 62A; Mysore Land Revenue Code, 1888 - Sections 38; Karnataka Land Revenue (Amendment) Act, 1993; Constitution of India - Articles 31, 136, 141, 254(1) and 254(2)

Reported in : ILR1993KAR2605; 1994(3)KarLJ378

in coming to his aforesaid view was the fact that in the old Mysore State, there was in force Section 38 of the Mysore Land Revenue Code, 1888 under which, according to Mr. Justice Urs, there was … to the Central Act and the said provision was not saved by Article 254(2) as it was not reserved for President's assent. It was next submitted that the impugned provision was violative of Article 14, as for … Mr. Chandrakantaraj Urs, in Writ Petition No. 4563/87, and group decided on 14.7.1987 and as confirmed by the Division Bench of this Court in Writ

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Jul 08 2013

Thressiamma Jacob and ors Vs. Geologist,dptt.of Mining and Geology And ...

Court : Supreme Court of India

Decided on : Jul-08-2013

Subject : Land Acquisition

of the landlords/landholders owning an estate (popularly known as Zamindars) expressly recognises the right of the landholder to reserve mining rights while admitting a ryot to the possession of the ryoti land.[7]. By necessary implication it follows … the Board of Revenue of the erstwhile Madras Province dated 19th March 1888 and argued that earlier full Bench decision of the Kerala High Court … of this Court in Balmadies Plantations (supra): “Even though there is some force in the contention of the petitioners, the above observations of the Supreme … Estates Abolition Act which expressly declares that with effect from the ‘notified date’ - a defined expression under Section 1(10), the estate with all the assets including mines and minerals shall stand transferred to and vest in the

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Mar 24 2008

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Decided on : Mar-24-2008

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

the Municipal Corporation of Brihan Mumbai issued stop work notice under Section 354A of the Bombay Municipal Corporation Act, 1888. These notices made a reference to the same communication from the second respondent i.e. State of Maharashtra/Deputy Conservator … of the Bombay Town Planning Act, 1954. The 1965 Development Plan only reserved two relatively small areas as 'forest forest' and the rest of 'T' … first time after 31 years of the Private Forest Act coming into force. The entries have been made on the basis that certain show cause … a decision. He submitted that the very opening words of Section 35(3) 'no notification shall be made under Sub-section (1)...until after the issue of a notice to the owner of such forest' shows the close interconnection between Section

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Dec 14 2007

Suresh Estates Pvt. Ltd. and ors. Vs. Municipal Corp. of Greater Mumba ...

Court : Supreme Court of India

Decided on : Dec-14-2007

Subject : Property

Acts : Maharashtra Regional and Town Planning Act, 1966 - Sections 45(5), 46 and 127; Companies Act, 1956; Mumbai Municipal Corporation Act, 1888; Environment (Protection) Act, 1986 - Sections 3, 3(1), 3(2), 5 and 24; Local Town Planning Regulations; DCR Reguations; Draft Development Control Regulations, 1989; Greater Bombay Development Control Regulations, 1991; Town and Country Planning Regulations; Development Control Regulations, 1989; Development Control Rules, 1967 - Rules 10(1), 10(2) and 52(8); Environment (Protection) Rules, 1986 - Rule 5(3); Draft Development Rules, 1989; Constitution of India - Articles 14 and 226

Reported in : 2008(1)ALLMR(SC)768; 2008(3)BomCR233; 2007(14)SCALE572; (2009)3SCC186; 2008AIRSCW163

short). The appellant No. 1, obtained requisite rights in respect of plot referred to above. The plot was reserved for play ground of Municipal Primary School and Secondary School as well as for D.P. Road. The appellant … is the Municipal Corporation for Greater Mumbai, and the Planning Authority under the provisions of Mumbai Municipal Corporation Act, 1888 as well as Maharashtra Regional and Town Planning Act, 1966 ('The M.R.T.P. Act', for short). The appellant No. … stated in the said communication that the DCR Regulations which were in force on December 19, 1991 i.e. the approved DC Rules of 1967 shall … Bhuleshwar Division at Dr. Babasaheb Jaykar Marg stands granted in view of Section 45(5) of the Maharashtra Regional and Town Planning Act, 1966, (2) in

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Apr 29 2016

Adarsh Co-op. Housing Society Ltd. A Society registered under Maharash ...

Court : Mumbai

Decided on : Apr-29-2016

Subject : Land Acquisition

as the case may be, under the relevant provisions of law governing such Regulation namely, Mumbai Municipal Corporation Act, 1888, M.R.andT.P. Act, MMRDA Act, Maharashtra Land Revenue Code, 1966 (for short MLRC ). Such regulation would include inter … Section 50 of M.R. and T.P. Act, the Government sanctioned deletion of land admeasuring 2669.68 sq.mtrs., which was reserved for BEST depot and included the same in the residential zone without obtaining sanction of MCZMA or MOEF. … to 1.33. The said Notification was to have effect and be in force until 10.10.1991. By Notification dated 20.07.1990, the State Government sanctioned separately that

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Sep 11 2012

The Municipal Corporation of Greater Mumbai and Others Vs. Dalamal Tow ...

Court : Mumbai

Decided on : Sep-11-2012

Subject : Land Acquisition

landlord to set the rent on the basis of demand and supply forces of the market is curtailed by the parameters of the standard rent … of rating in municipal legislation. In Polychem, the Supreme Court construed the provision of the Mumbai Municipal Corporation Act, 1888, Section 3(r) of which defined “land” to include land which is being built upon or is built upon. The … the Rent Act for determination of annual letting value with effect from 1 April 2000?” The Controversy: 2. Section 140 of the Mumbai Municipal Corporation … Belgaum, (1994) 6 SCC 572)the Supreme Court while not expressing a final opinion on the issue, expressed some reservation about the correctness of the earlier decisions by which the property tax has to be determined only on

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Sep 11 2012

The Municipal Corporation of Greater Mumbai and Others Vs. Dalamal Tow ...

Court : Mumbai

Decided on : Sep-11-2012

Subject : Land Acquisition

of rating in municipal legislation. In Polychem, the Supreme Court construed the provision of the Mumbai Municipal Corporation Act, 1888, Section 3(r) of which defined “land” to include land which is being built upon or is built upon. The … Belgaum, (1994) 6 SCC 572)the Supreme Court while not expressing a final opinion on the issue, expressed some reservation about the correctness of the earlier decisions by which the property tax has to be determined only on … Rent Act; (v) The Maharashtra Rent Control Act, 1999 was brought into force on 31 March 2000. Section 2(1) provides that the Act shall apply

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