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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 … would be applicable to a reservist like the petitioner, which is explicitly clear on a bare reading of Section 2 of the Army Act read with Note-4 appended thereto. In support of the aforesaid contention, the counsel also

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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 … 'said Corporation' for the sake of brevity). The 2nd Respondent herein is the said Corporation and 4th

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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 … 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 … the post of Sub Inspector of Police (Armourer). 2.The pleaded case of the petitioner is, that he

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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

Act for determination of annual letting value with effect from 1 April 2000?” The Controversy: 2. Section 140 of the Mumbai Municipal Corporation Act, 1888, … 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 … 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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Mar 20 1972

Bennett Coleman and Co. Ltd. Vs. Velji Lakshmi and Co., a Firm and ors ...

Court : Mumbai

Decided on : Mar-20-1972

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 13(1); City of Bombay (Building Works Restriction) Act, 1944 - Sections 3; Bombay Town Planning Act, 1954

Reported in : AIR1973Bom86; (1972)74BOMLR628; 1972MhLJ867

Part IV dated December 22, 1944. By Section 2 of that Act, the definitions under the Bombay Municipal Act, 1888 were applied to the provisions of that Act. Section 3 of the Act provided - 'Restriction on building … Authority under the Bombay Town Planning Act, 1954 and the Bombay Town Planning Rules, 1955 are hereby expressly reserved AND WHEREAS you were permitted under the City of Bombay (Building Works Restriction) Act 1944 to erect a … Act al rights and liabilities created by said Scheme shall come into force from the 1st December, 1957, the date notified by Government in their

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Nov 18 1895

United States Vs. Union Pacific Ry. Co.

Court : US Supreme Court

Decided on : Nov-18-1895

Subject : Land Acquisition

have noting to do. The provision in the Act of August 7, 1888, c. 772, 26 Stat. 382, requiring all railroad and telegraph companies to … Pacific Ocean, and by the Act of July 2, 1864, c. 216, 13 Stat. 356, amendatory thereof, … along the route of the railroad and its branches did not affect the authority of Congress, under its reserved power, to require the maintenance and operation by the railroad company itself, through its own officers and employees, … hereto at the time of such acquisition." The contract of 1881 was, by its terms, to continue in force for twenty-five years, and existing contracts with other companies, and in respect to other roads, were to be … EIGHTH CIRCUIT Syllabus The objects which Congress sought to accomplish by the Act of July 1, 1862, c. 120, 12 Stat. 489, granting a subsidy … company, such as was permitted by the 19th section of the Act of July 1, 1862, 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

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 … and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'the Mines and Minerals Act' for short). Section 2 of the Act contains declaration as to expediency of Union control and declares that it is expedient in … 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

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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 … Court attempted to distinguish the decision 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 Court are not inconformity with the … notice from the Kerala Minerals Squad directing her to stop the quarrying activities, she gave a reply to reconsider her contention. Thereafter, by Ext. P6, … This implication which we drew gets fortified by Section 3 of Estates Abolition Act which expressly declares … INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4540-4548 OF 200.Threesiamma Jacob & Ors. …Appellants Versus Geologist, Dptt. of

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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

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. … 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 … 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 … 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

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