Court : Karnataka
..... the second category, there is a statutory lapse of the proceedings. there is also an incidental third situation, where award under the 1894 act had already been passed prior to coming into force of the 2013 act, but payment is yet to be made and possession is yet to be taken. in that case, the further proceedings after the award ..... sub-section (5), the state government or any officer authorised by the state government in this behalf may take possession of the land and may for that purpose use such force as may be necessary. (8) where the land has been acquired for the board, the state government, after it has taken possession of the land, may transfer ..... be chemical industries. there will be localization of industries with the result that the residents and dwellers of towns and cities will not suffer either from the polluted air or obnoxious chemicals of industries or the dense growth of industries and industrial population, within and near about the residential areas. the land acquisition .....
Tag this Judgment!Court : Delhi
..... the previous sanction of the state government direct that the suits of that class shall, for the purposes of court fees act, 1870, and of the suits valuation act and any other enactment for the time being in force, be treated as if their subject-matter were of such value as the high court thinks fit to specify in that ..... accordance with the provisions of rule 8 of chapter 3-c of punjab high court rules and orders, volume i and provisions of section 9 of the suits valuation act. 9. the aforesaid dicta deals with a suit for partition of immovable property. in a suit for partition of immovable property, the shares of the parties in ..... jurisdiction is rs.2 crores, is not competent to entertain the suit.8. the counsel for the petitioner / defendant, on being asked the provisions of the suits valuation act, 1887 which determine the valuation for the purpose of jurisdiction of the reliefs aforesaid, has drawn attention to, jagdish pershad vs. joti pershad 1975 rlr203followed in ramesh chand .....
Tag this Judgment!Court : Delhi
..... deputy registrar, its re-filing had to be considered as a fresh institution and such institution was beyond the period specified under section 34(3) of the act. this is identical to the plea urged by exnxt to oppose the maintainability of the present petition.26. the supreme court rejected the aforesaid contention and ..... strength of the aforesaid judgment, submitted that findings of the arbitral tribunal are perverse and wholly unsustainable and thus amenable to challenge under section 34 of the act.16. mr jain, learned counsel appearing on behalf of exnxt raised a preliminary objection as to the maintainability of the present petition. he submitted that the ..... m.p. (comm) 337/2016 3. bharat sanchar nigam limited (hereafter bsnl ) has filed the present petition under section 34 of the arbitration and conciliation act, 1996 (hereafter the act ) seeking to set aside the award dated 15.03.2016 (hereafter the impugned award ) passed by the sole arbitrator. the impugned award was rendered in the .....
Tag this Judgment!Court : Kolkata
..... registrar of the singapore international arbitration singapore centre under by the section minister 19c of of the law of the international republic of arbitration (amendment) act 2009 and the international arbitration (appointed persons under section 19c) order 2009, he is duly authorized to certify the award published in singapore in the ..... in this proceeding that mr.minn naing oo is not the registrar of the singapore international arbitration centre appointed singapore under by the section (amendment) act 2009. minister 19c of of the law of the republic international of arbitration moreover, the said declaration has been duly signed and sworn before the ..... enforce the foreign award. to be satisfied that the at this stage, the court certainly has requirement of section 47 of the arbitration and conciliation act has been fulfilled, otherwise the execution application cannot proceed further. under such circumstances, this court is unable to accept the submission that the execution application .....
Tag this Judgment!Court : Karnataka
..... plan to the dipp, government of india is required to be submitted by the state government. there has been no such compliance. it is contended that the 2013 act has come into force with effect from 01.01.2014. on or after the said date, no state government has any power to acquire lands for establishment of industrial area, industrial estate ..... would have power of acquisition and requisition of property. this portion is unquestionably established by the majority decision in r.c. cooper vs. union of india (11 judges bench) - (air 1970 sc 564), where shah j, speaking for the majority of 10 judges held as under: "power to legislate for acquisition of property is exercisable only under entry 42 of ..... bench in r.c.cooper vs. union of india, quoted by the constitution bench in ishwari khetan sugar mills' case (see paragraph 40 in r.c.cooper's case, air 1970 sc 564). it is contended that in so far as the law laid down by the 11 judges bench in r.c.cooper case, followed by the constitution bench .....
Tag this Judgment!Court : Karnataka
..... minimum distance specified for such an area. therefore from the above, it is evident that with effect from 1-1-2014, with the coming into force of the 2013 act, the 188 compulsory acquisition of land anywhere in the country can only be in accordance with the provisions of the same. the exception claimed in ..... dipp, government of india is required to be submitted by the state government. there has been no such compliance. it is contended that the 2013 act has come into force with effect from 01.01.2014. on or after the said date, no state government has any power to acquire lands for establishment of industrial area ..... includes 68 projects for industrial corridor or mining activities, nimz, as designated in the nmp. the land acquisition act, 1894 (hereinafter referred to as the 1894 act , for brevity), which was in force till the 2013 act, came into force, did not specifically provide for acquisition of lands for industrial infrastructural projects including nimz, as designated in the nmp .....
Tag this Judgment!Court : Delhi
..... (emphasis supplied) (see section 2(3)). w.p.(crl) 2757/2015 page 114 of 133 177. thus, what emerges from section 2 of the dspe act is that the dspe/ cbi is a police force constituted in delhi, primarily to carry out investigation of the notified offences in any union territory. the notification of the offences, or class of offences, which ..... conferred, or any special form of procedure w.p.(crl) 2757/2015 page 70 of 133 prescribed, by any other law for the time being in force. thus, special provisions contained in the dspe act relating to the powers of cbi are protected also by section 5 of the code.92. in view of the above specific provisions in the code, ..... petitioner no.1 was serving as a public servant at delhi, which is a union territory and hence, cbi has the jurisdiction - like the local police force, to investigate the cases under the pc act in the union territory.95. in their rejoinder, the petitioners have refuted the interpretation advanced by the cbi of om no.228/40/88-avd-ii ( .....
Tag this Judgment!Court : Jharkhand
..... even then, officials of the respondent state had taken upon themselves to adjudicate over the possession of the petitioner therein and resort to force to remove them from possession thereof. such act of the respondent state authorities were held to be unconstitutional. accordingly, the district magistrate cum collector, gaya was directed to restore the ..... of removal of alleged unauthorized occupation of one or the other person on the basis of administrative inquiry. at best, the deputation of magistrate and police force could have been made to maintain law and order leaving the party to seek relief over their respective claims from the competent court of law. the ..... appointing executive magistrate for the purposes of vacating the illegal possession of the petitioner from the school room, hostel and office with the help of police force.5. respondent no. 6 has appeared on notice and contested the prayer made herein with the preliminary objection that the prayer for restoration of possession is .....
Tag this Judgment!Court : Karnataka Dharwad
..... to the industrial tribunal for re- consideration of the matter.14. having heard the learned counsel for the parties, this court is satisfied that there is considerable force in the arguments raised by the learned counsel for the petitioner date of order:09. 03.2017 in wp no.63075-78/2010(l-res) m/s. ..... their reply or objections filed before the learned industrial tribunal against the aforesaid serial applications filed by the petitioner management under section 33(2) (b) of the act, about holding a preliminary enquiry within the domestic enquiry held against them and there is no such statutory requirement in the standing orders or bye-laws of the ..... vide kid no.2/2006, whereby the learned industrial tribunal, while keeping the aforesaid serial applications filed under section 33(2)(b) of the industrial disputes act, 1947(for short, the act ) read with rule 61(2) of the industrial disputes (karnataka rules) 1957, as pending, itself suo-motu raised a preliminary issue and held against .....
Tag this Judgment!Court : Delhi
..... ) no.12/2017 page 20 of 52 held that section 13(2) ousted the applicability of the letters patent or other laws for the time being in force which included the delhi high court act, 1966.22. it was submitted that the decision of the bombay high court in hubtown limited (supra) did not lay down the correct law and would not ..... high court of delhi. (underlining added) fao (os) (comm) no.12/2017 page 17 of 52 17. it was submitted that the delhi high court act, 1966 would be the law for the time being in force within the meaning of section 104 of the cpc which, in turn, specifically stipulates that an appeal shall lie from the orders enumerated therein, save ..... there is anything any adjudication from which an appeal lies as an appeal having effect by virtue of any law for the time being in force other than this act. ii. relevant provisions of the cpc 2. definitions. in repugnant in the subject or context,-- xxxx decree means the formal expression of an adjudication (2) which, so far as regards .....
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