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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 … follows:-'Liability of Reserve Forces to Military Law- Subject to such rules and orders as may be made under Section 4, a person belonging to the Indian Reserve Forces shall as an officer or a soldier, as the case

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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 … 2nd Respondent herein is the said Corporation and 4th Respondent herein is the BEST. 5th Respondent herein

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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 … whether these occupants of patta lands are required to follow the gamut of the procedure laid down by Section 4 of the Mines and Minerals (Regulation and Development) Act, 1957, read with the relevant provisions of the Karnataka … 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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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 … 18.08.2004 and is working as such, since then. 4.The Armourer Wing of the Police, is a separate

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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. … 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 … 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 … Jaykar Marg stands granted in view of Section 45(5) of the Maharashtra Regional and Town Planning Act,

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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 … in view of the scheme of the Mines and Minerals (Development and Regulation) Act, 1957 which prohibits under Section 4[25]. the carrying on of any mining activity in this country except in accordance with the permit, licence or

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Jan 21 1965

Lalji Mulji Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jan-21-1965

Subject : CriminalConstitution

Reported in : (1965)67BOMLR484

One of the enactments referred to in this Schedule of the notification is the City of Bombay Municipal Act, 1888 (Bombay Act III of 1888). We are, therefore, unable to understand how it is open to contend that … and property.34. In the result, the appeal fails and is dismissed. Bombay Municipal Corporation Act (Bom. III of 1888), Section 394-Petroleum Act (XXX of 1934), Sections 2(a)(b)(c), 7, 8, 31-Constitution of India. Articles 246, 254, 29(1)(f)(g); Seventh Schedule, … the pith of each legislation remembering that some invasion into the domain reserved for the rival Legislature is unavoidable. The real point to be considered … enacted. The last Act, which is still in force, is the Petroleum Act XXX of 1934, which … 3(1) provides-No one shall import, transport or store any petroleum save in accordance with the rules made under Section 4.Sub-section (2) of Section 3 provides-Save in accordance with the conditions of any licence for the purpose which he

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May 05 2008

Dr. Anahita Pandole Vs. State of Maharashtra, Urban Development Depart ...

Court : Mumbai

Decided on : May-05-2008

Subject : CivilEnvironment

Acts : Mumbai Municipal Corporation Act, 1888 - Sections 3, 4, 39, 52, 117, 122, 312 to 313A, 314, 328, 328(3) and 328A; Motor Vehicles Act, 1988 - Sections 28, 39, 41, 41(4), 109(3), 110, 110(1), 110(3), 112, 206 and 207; ;Environment Protection Act, 1986; ;Maharashtra Urban Areas Tree Preservation Act, 1975 - Sections 8(4); Bombay Police Act - Sections 33 and 102; ;Finance Act, 1994 - Sections 65(105) and 67; ;Main Roads Act, 1930 - Sections 33B; ;National Highway Act; National Highway (Land and Traffic) Act; Maharashtra Motor Vehicle Rules - Rules 48, 62(2), 72(2), 160, 206, 207 and 208; Central Motor Vehicle Rules, 1989 - Rules 12(1), 92, 105 to 111, 123 to 125A and 126; ;Motor Vehicles (Prescription of Conditions for Exemption) Rules, 1991; Central Motor Vehicles Rules, 198

Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555

much less dangerous to the public and should not be disadvantageous to the public health. Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as 'Act') had been subjected to innumerable amendments over a period of time primarily with … maximum limit up to which the Corporation can tax. Indeed, the State Legislature has now done so by Section 4 of Gujarat Act 8 of 1966. The Act does not confer on the Corporation such arbitrary and uncontrolled … Both the Motions were heard at great length and the orders were reserved.7. According to the Applicant, there is a concluded contract between them and … accordance with the provisions of the Act and other relevant Laws in force. Emphasizing proper and fair exercise of power by the Corporation and its

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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 … that (i) The Bombay Municipal Corporation by its Resolution No. 409 in July, 1958 made a declaration under Section 4(1) of the Bombay Town Planning Act, 1954 of its intention to prepare a development plan for 'T' Ward

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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 … Petition, briefly stated, are as under: (A) Notifications, Correspondence relating to C.R.Z. 4. In exercise of powers conferred by Section 3(1) and Section 3(2) (v) … 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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