Judgment Search Results Home > Cases Phrase: air corporations act 1953 repealed chapter v air transport council Page 1 of about 521 results (0.164 seconds)

Air Carrying Corporation Vs. Shibendra Nath Bhattacharya

Court : Kolkata

Reported in : AIR1964Cal396

..... common law, that is, as to the freedom of the common carrier to contract out of his liability wilt not solve the problem because, if we enforce the rest of the common law, imposing upon the inland common carriers by air the absolute liability of an insurer, without introducing the limitations to this liability as have been laid down by statutes in the case of other common carriers, we would be causing injustice to the carriers of this class in order to relieve the ..... it is evident that the defendant corporation, which carries on the business of transporting goods on hire for members of the public, would have come within the scope of this definition but for the fact that the definition is confined to transportation by land and inland navigation only and does not extend to air navigation. ..... in applying sections 151-152 of the contract act, therefore, the courts below were clearly wrong and acted in disregard of the privy council decision in the irrawady flotilla case. ..... the reasoning of the judicial committee was that 'the subject of common carriers, having been dealt with by a special statute, was not intended to be affected by the general law of contracts, embodied in the contract act, 1872, which was not exhaustive of the entire law relating to contracts and did not profess to repeal the carriers act of 1865. ..... , the carriers' act, 1865, would be governed by the provisions of chapter ix of the contract act. ..... narmadabai, : [1953]4scr1009 .8. .....

Meriwether Vs. Garrett

Court : US Supreme Court

..... that all of the sections, from section 33 to section 80, both inclusive, of an act entitled 'an act to regulate and organize municipal corporations of certain population, and for the increase and diminution of their powers,' chapter 92, approved 23d march, 1875, and all other acts and parts of acts in conflict with this act, be, and the same are hereby, repealed; all the other sections of said chapter 92, and especially section 81 of said chapter, being left in full force; and the population within the territorial limits ..... , desks, office furniture, and other property belonging to the offices of mayor, comptroller, register, treasurer, tax collector, inspector, city attorney, necessary to the discharge of his duties as receiver, and of the buildings wherein the general council of the city has heretofore assembled, and the property in or belonging to such buildings not previously herein excepted from the operation of this order, and the large safe in the mayor's office, and will safely ..... , office furniture, and other property belonging to the offices of mayor, comptroller, register, treasurer, tax collector, inspector, and city attorney, necessary to the discharge of his duties as receiver, and of the buildings in which the general council of the city had previously assembled, and the property in and belonging to such buildings not previously excepted, and keep them subject to the order of the court, and parties page 102 u. s. .....

Sudhakar Hegde and Others Vs. State of Karnataka and Others

Court : Karnataka

..... felt that there were go(.d reasons for reading the provisions introduced by the land acquisition (amendment) act, j984 (hereinafter referred to as the "central act 68 of 1984") into chapter vii of the maharashtra regional and town planning act, 1966 (for short, "the mrtp act" or "the state act") and section 11a of the land acquisition act, 1894 (for short, "the land acquisition act" or "the central act") is one of such provisions thus, the constitution bench is called upon to examine whether ..... . special area development authority [1982 (1) scc 125], section 69(d) of the madhya pradesh nagar tatha gram nivesh adhiniyam (act 23 of 1973) stated that the special area development authority under that act would, for the purpose of taxation, have the powers which a municipal corporation or a municipal council has under the m.p ..... . keeping the above decisions in view, if we are to address the question whether on the repeal of the la act with effect from 1.1.2014, the provisions of that act, in so far as they may be applicable to the bda act, would be deemed to remain in force, by virtue of section 36 of the bda act, in order to complete the process of acquisition - is to be examined ..... . the bda is also quite ambitious in its scheme, proposing not only to develop toll plazas, but also to provide truck terminals, bus depots for transport authorities and what not. 22 ..... . narayanaiah and others (air 1976 sc 2403) examined the various provisions of the improvement act and observed thus:- "4 .....

R. Shankaran and Others Vs. The State of Karnataka and Others

Court : Karnataka

..... development authority [1982 (1) scc 125], section 69(d) of the madhya pradesh nagar tatha gram nivesh adhiniyam (act 23 of 1973) stated that the special area development authority under that act would, for (he purpose of taxation, have the powers which a municipal corporation or a municipal council has under the m.p. ..... in girnar traders-i (supra; felt that there were good reasons for reading the provisions introduced by the land acquisition (amendment) act, 1984 (hereinafter referred to as the "central act 68 of 1984")into chapter vii of the maharashtra regional and town planning act, 1966 (for short, "the mrtp act" or "the state act") and section 11a of the land acquisition act, 1894 (for short, "the land acquisition act" or "the central art") is one of such provisions. ..... above decisions in view if we are to address the question whether on the repeal of the la act with effect from 1.1.2014, the provisions of that act, in so far as they may be applicable to the bda act would be deemed to remain in force, by virtue of section 36 of the bda act, in order to complete the process of acquisition - is to be examined. ..... [(2002) 7 scc 657] and maharashtra state road transport corporation v. ..... special land acquisition officer, [air 1972 mysore 193j was overruled in that context ..... (air 1976 sc 2517) it was noticed that although the procedure laid down in section 16 of the mysore act ..... narayanaiah and others (air 1976 sc 2403) examined the various provisions of the improvement act and observed thus .....

Girnar Traders and Digambar Motiram Jhadhav. Vs. State of Maharashtra ...

Court : Supreme Court of India

..... of the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or(c) by making an application to the state government for acquiring such land under the land acquisition act, 1894, and the land (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights under this ..... institute or change the use of any land for any purpose other than agriculture, or carry out any development, in respect of any land without the previous permission of the municipal corporation or municipal council, within whose area the land is situate, and elsewhere, of the collector. ..... chapter iii of the mrtp act deals with preparation, submission and sanction of development plan and, primarily, provides for use of land for purposes such as residential, industrial, commercial, agricultural, recreational, schools, colleges and other educational institutions, open spaces, playgrounds, stadia, zoological gardens, green belts, nature reserves, transport and communication, water supply, drainage, sewerage ..... in a case of legislation by incorporation, subsequent amendment or repeal of the provisions of an earlier act adopted cannot be deemed to have been incorporated in the adopting act which may be true in the case of legislation by reference ..... lakshmi devi [air 1963 sc 1077], the majority of the four judge bench took such a ..... air .....

Trikamdas Udeshi Vs. Bombay Municipal Corporation

Court : Mumbai

Reported in : AIR1954Bom427; (1954)56BOMLR264; ILR1954Bom727

..... by act 48 of 1948, the bombay tramways act was repealed and a new chapter was added to the bombay municipal corporation act which is chapter 16a, but instead of reproducing ss. ..... on 11-9-1950, the general manager of the bombay electric supply and transport undertaking issued a notice delegating certain powers under section 68-b, bombay municipal corporation act to certain officers in respect of certain functions mentioned in the notice, and one of the powers delegated to a traffic supervisor was the power to compound any offence against the bombay municipal corporation act which under the law at the time in force may legally be compounded; this was under section 517 (1) (b) and the ..... 15 bom lb 472 (pc) (b) the privy council has expressed its opinion that the word 'coercion' used in section 72 is used in its general and ordinary sense as an english word and its meaning is not controlled by the definition of 'coercion' in section 15. ..... emperor air 1934 bom 205 (a) that a person committing a breach of a by-law under the old act could not be convicted, but that the tramway company could only go before the magistrate in order to recover - the penalty. ..... nanda kumar shaha air 1924 cal 243 (d). ..... ramaswami chetti air 1917 mad 607 (c) has laid down that money obtained from the plaintiff by the defendant under an agreement to stifle a pending non-compoundable criminal prosecution, is money paid under coercion within the meaning of section 72, contract act, and can be recovered back. mr. .....

General Manager, Telecom., Bsnl Vs. Krishnan

Court : Kerala

Reported in : AIR2003Ker152; 2003(3)CTC37; 2003(1)KLT817

..... in this case, the provisions of the life insurance corporation act, 1956 and the industrial disputes act, 1947 were examined. ..... mathai referred to the decision of their lordships of the supreme court in transport corporation v. ..... at page 68, it was observed as under: -'now if any thing be certain it is this that where there are general words in a later act capableof reasonable and sensible application without extending to subjects specially dealt with byearlier legislation, you are not to hold that earlier end special legislation indirectly repealed,altered, or derogated from merely by force of such general words, without any indication ofa particular intention to do so.' 20. ..... transport corporation's case (supra). ..... consumer protection council (air 1995 sc 1384) to contend that the provisions of 1986 act embody the general provisions.23. ..... ' thus, it was concluded that there was 'no manner of doubt that this case squarely fell within the ambit of section 165 of the 1988 act and claims tribunal constituted thereunder for the area in question has jurisdiction to entertain the same. ..... while allowing the appeal, it was held by their lordships in paragraph 14 that the parliament was 'aware of the provisions of the arbitration act and the contract act and the consequential remedy available under section 9 of the code of civil procedure, i.e. ..... ' (maxwell on interpretation of statutes -chapter 10. .....

Karnataka State Road Transport Corporation, Rep. by Its Managing Direc ...

Court : Karnataka

Reported in : ILR2005KAR1605

..... , the government would not have repealed the kcca act and therefore the state has got responsibility of providing efficient transport services to the public commuters as it has thought of providing and alternative transport facility and also keeping in view that the liberalized transport policy to be provided to the public commuters at large and also considering the other relevant aspect viz, by creating monopoly to the state owned transport undertaking corporations on the notified routes, their ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which were available in the market.acquisition of chattels or movables can never ..... attached is reflected in the following decisions rendered by the apex court :-a) : (2000)iillj1109sc : (1999)illj1086sc air 1992 sc 523air 1979 sc 65 : (1992)iillj294sc the law is that directive principles being the basic structure of the constitution, the same shall not be either repealed or abrogated. ..... roshan kumar haji bashir ahmed, air 1976 sc 578, ( 1976 ) 1 scc 671, [ 1976 ] 3 scr 58 and a much wider canvass has been adopted in later years regarding a person's entitlement to move the high court ..... commissioner of excise, air 2000 scw 3674 which are referred to in the above decision of this court at paragraphs 9 and 10 are extracted below in justification of the legal submission made by .....

Karnataka State Road Transport Corporation and Etc. Etc. Vs. Karnataka ...

Court : Karnataka

Reported in : AIR2005Kant205

..... the issue of fresh permit or renewal of the existing permit to any individual or the transfer of such permit to anyone except to the state government or the corporation which it may establish under the karnataka state road transport corporations act, 1950. ..... corporation established under section 3 of the road transport corporations act ..... may be prescribed by the state government;provided that, other conditions being equal, preference shall be given to application for permits from -(i) the indian tourism development corporation;(ii) state tourism development corporation;(iii) state tourism development;(iv) state transport undertakings(v) co-operative societies registered or deemed to have been registered under any enactment for the time being in force;(vi) ex-servicemen.the above provision confers power upon the ..... in order to augment the situation, instead of repealing the kcca act, grant of more and more permits to the state owned transport undertaking corporations directing them to operate their services would have ..... placing strong reliance upon the decision of this court, reported in ilr (2002) kant 2435 : (2002 air - kant hcr 1853) in the case of karnataka urban water supply and drainage board employees' association v ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, ..... got overriding effect upon chapter-v in view of section .....

Rochester Ry. Co. Vs. Rochester

Court : US Supreme Court

..... : "said company shall put, keep, and maintain the surface of the streets inside the rails of its tracks in good and thorough repair, under the direction of the committee on streets and bridges of the common council of said city of rochester; but, whenever any of said streets are, by ordinance or otherwise, permanently improved, said company shall not be required to make any part or portion of such improvement, or bear any part of ..... it is insisted that this is not a case of transfer of an exemption; that the rules governing transfer are not applicable here; that the brighton railroad has not ceased to exist as a corporation; that it has been merely joined by merger with the rochester railroad, which controls it by stock holdings and operates it by virtue of its franchises, and that therefore the rochester railroad may claim ..... acquisition of stock was in pursuance of the authority contained in chapter 254 of the laws of new york of 1867, which, as amended by chapter 503 of the laws of 1879, is as follows: "any railroad corporation created by the laws of this state, or its successors, being the lessee of the road of any other railroad corporation may take a surrender or transfer of the capital stock of the stockholders, or any of them, in the corporation whose road is held under lease, and issue in exchange therefor ..... 18 of the act provides that "all acts and parts of acts, whether general or special, inconsistent with this act, are hereby repealed, but nothing in this act shall . . .....