Court : Supreme Court of India
Reported in : AIR1995SC605A
..... of india on 14th september, 1994 as under:-government stands by the policy of secularism and of even-handed treatment of all religious communities. the acquisition of certain area at ayodhya act, 1993, as well as the presidential reference, have the objective of maintaining public order and promoting communal harmony and the spirit of ..... prejudice to the validity of anything previously done under that rule.13. repeal and saving.- (1) subject to the provisions of sub-section (2), the acquisition of certain area at ayodhya ordinance, 1993, is hereby repealed.(2) notwithstanding anything contained in the said ordinance,-(a) the right, title and interest in relation to plot ..... this controversy. genesis of this dispute is traceable to erosion of some fundamental values of the plural commitments of our polity.3. the constitutional validity of the acquisition of certain area at ayodhya act, 1993 (no. 33 of 1993) (hereinafter referred to as 'act no. 33 of 1993' or 'the act') and the maintainability .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... solicitor general made the following statement in response:government stands by the policy of secularism and of even-handed treatment of all religious communities. the acquisition of certain area at ayodhya act, 1993, as well as the presidential reference, have the objective of maintaining public order and promoting communal harmony and the spirit ..... india on 14th september, 1994 as under:government stands by the policy of secularism and of even-handed treatment of all religious communities. the acquisition of certain area at ayodhya act, 1993, as well as the presidential reference, have the objective of maintaining public order and promoting communal harmony and the ..... to the validity of anything previously done under that rule.13. repeal and saving.- (1) subject to the provisions of sub-section (2), the acquisition of certain area at ayodhya ordinance, 1993, is hereby repealed.(2) notwithstanding anything contained in the said ordinance, -(a) the right, title and interest in relation to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All4
..... notification under sub-section (1) of section 4, a condition precedent to the publication of a notification under sub-section (1) of section 6. where acquisition is being made after following the normal procedure the notification under the latter section will necessarily have to be published subsequent to the notification under the former section ..... produce this result, when there is no compelling reason to do so. we see nothing illegal in the government first entertaining a tentative, informal proposal that certain land should be acquired for a company, then directing an inquiry to be held under section 40(2), and later on issuing a notification under section 4 ..... notifications that had been issued, and these petitions were due to come up for hearing in march 1961. meanwhile, however, the government realised that there were certain legal flaws in the notifications that had been issued and accordingly passed orders on 23-2-1961, cancelling the earlier notifications under section 4/17(4) and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All26
..... ' has been used in other parts of the act also so as to mean the landlord or the intermediary. chapters ii and iii, deal with the acquisition of proprietary rights and compensation payable to the landholders. section 47 occurs in chapter iii and deals with the payment of compensation to intermediaries. it uses the ..... could come and file objections. the omission to have such provisions clearly indicates that the provisions of chapter ix-a were confined only to the question of acquisition of land held by adhivasis and payment of compensation to the landlord, and the determination of the question as to which particular person is the 'adhivasi' ..... adhivasi. section 240-d requires the preparation of a compensation statement and reads :'240-d. compensation statement--for purposes of assessment and payment of compensation for acquisition of rights, title and interest of the landholder in the land referred to in section 240-a the compensation officer shall prepare a compensation statement snowing-- ( .....
Tag this Judgment!Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... stringent which result in an appropriation of property by the state. the authorities administering these laws should not lightly invoke these provisions : when proceedings for acquisition of property of a citizen are initiated by the competent authority, the provisions of the act should be strictly followed.'the court also observed :'the ..... transfer as agreed to between the parties has not been truly stated in the instrument of transfer, the competent authority may initiate proceedings for the acquisition of such property.under the proposed amendment, it is provided that no such proceedings shall be initiated in respect of properties transferred after the 30th ..... authority is not in accordance with the established principles :'learned representative has also relied on certain other sale instances. one such instance is of property b-6, panchsheel enclave, new delhi. this sale instance property had plot area of 668.9 sq. metres. even though the sale instance was undervalued, the appropriated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All55
..... of the total nationalisation of tile route, the existing permits of the private operators are cancelled and the cancellation of the permits does not, in law, operate as acquisition of the property of the permit-holders within the meaning of article 31(2) of the constitution as amended by the constitution (fourth amendment) act, 1955. it ..... of this argument is placed on the following observations of the supreme court in deep chand v. state of uttar pradesh, air 1959 sc 648 made after referring to certain earlier cases :'those cases have held that clauses (1) and (2) of article 31 relate to the same subject-matter and that though there is no actual ..... permit is in furtherance of the nationalisation policy and can hardly be condemned as unreasonable. in the bank nationalisation case, air 1970 sc 564 (supra) even, compulsory acquisition of property under article 31(2) on payment of compensation is held not to impair the fundamental right under article 19(1)(f). the supreme court observed :--'if .....
Tag this Judgment!Court : Mumbai
Reported in : [1993]203ITR891(Bom)
..... of the assets when they become assets of the business has to be taken into account. therefore, the question whether the assessee has expended any amount for the acquisition of those assets or whether he has been reimbursed in respect of such expenditure indirectly by reason of any tax benefit which he may have got or whether the ..... fall under chapter iv. under section 80j, what is provided is an additional deduction which is calculated as a percentage of the capital employed by the assessee in certain undertakings as set out in section 80j. section 80j(1a)(ii) prescribes the manner of ascertaining the value of such capital assets. the assets which are to be ..... years at a graded scale.....' 12. it said that deductions under section 32 and 35 were basically of the same nature intended to enable the assessee to write off certain items of capital expenditure against his business profits. it said (at page 57) : '.... if we bear in mind a fundamental though unwritten axiom that no legislature could .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]207ITR772(Cal)
..... this case instead of a transfer by way of acquisition of shares by lipton, the transfer is made by assignment.16. the legislature has taken ample care to see that any arrangement of whatever nature was covered by ..... in future. this is clear from the use of the phrase 'accruing or arising from'. the definition also had cited by way of example a transfer by the acquisition of shares in a company. it is to be noted that by acquiring shares of a company, the transferee would get the undertaking of the company itself. in ..... a property. the supreme court considered the affidavtit of one h.k. sarangi, under secretary, central board of direct taxes, department of revenue, from which it appeared that certain guidelines had been laid down for considering whether a property may be purchased by the central government or not. one of the guidelines was properties with 'too many restrictions .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1024
..... income and middle income group, can be sold in auction and if the same is situated where low or economically weaker sections are occupying the area, land can be allotted individually at the rate of acquisition. purpose also can be fixed. in the said guidelines, it is specifically observed that:1 to 8. xxx xxx xxx9 (i) xxx xxx ..... for the whole of state of gujarat in respect of restrictions upon holding agricultural land in excess of certain limits and for securing the distribution of agricultural land as best to subserve the common good to provide for the acquisition of surplus agricultural land for the allotment thereof to persons who are in need of lands for agriculture ..... the act or to holders under section 20 or 21 of the act, as the case may be for use of construction of houses in a residential zone and certainly not for agricultural operations under the said provision. in the instant case, application for vacant land is for agricultural operations and in view of the above, the request .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom357
..... strength of the occupiers joining the scheme must not be less than 70 per cent. v. the occupiers must clearly indicate therein their willingness to contribute for the acquisition. vi. the occupiers must also agree to carry out the necessary structural and other repairs or reconstruction, if necessary. vii. and prime object of the proposal ..... 1959 of 1993 are the owners/landlords of the building in question. the common defendants in both the suits are the state of maharashtra, housing board, land acquisition officer and the members of 'opposite group'.5. before i embark on consideration of the facts, a little deviation has become necessary. the constitutional validity of the ..... behalf of the opposite group i.e. owners and renters association noted above it will be necessary to note certain salient features of the statutory provisions on the point. the said act namely the maharashtra housing and area development act, 1976 was enacted in the year 1977 and made operative in december, 1977. in the .....
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