Judgment Search Results Home > Cases Phrase: airports authority of india act 1994 Court: jammu and kashmir Page 1 of about 12 results (0.048 seconds)

Hotel Corporation of India Vs. State of Jammu and Kashmir and ors.

Court : Jammu and Kashmir

Reported in : AIR2001J& K36

..... the supreme court held that the international airport authority of india was a statutory corporation distinct from the central government and that the properties vested in it cannot be said to have been vested only for proper management. ..... in municipal commissioner of dum dum municipality v indian tourism development corporation (1995) 5 scc 251, the supreme was called upon to consider whether the international airport authority , which is constituted under the international airport authority act,1970, can claim exemption from taxation under article 285 of the constitution. ..... (omitted)(3) if the property, in respect of which tax is payable, is transferred to any other person, whether by sale, gift, exchange, mortgage, inheritance or otherwise, the transferee shall be liable to pay tax or any other sum payable under this act in respect of the property so transferred for the period prior to the date of transfer and the notice of demand, if any, issued to the transferor shall be deemed to have been issued to transferee; provided that a duplicate copy of such ..... persons as joint owners, tax shall be payable by the owners in respect of such property as a unit and they shall be jointly and severally liable for the payment of tax and any other sum payable under the act.provided that where the tax calculated on the annual value exceeds the difference between the said annual value and exemption limit, as referred to in clause (c) of sub-section (1), or as fixed by the government under sub- .....

Omkar Sharma and ors. Vs. Mata Vaishno Devi Shrine Board

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ388

..... international airport authority of india (supra) was a case of a statutory corporation, in ajay hasia writ was sought against a college established and administered by a society registered under the j&k; registration of societies act, 1898 complaining of arbitrariness in admission to engineering course in regional engineering ..... international airport authority of india (supra) ..... international airport authority of india, : (1979)iillj217sc and the law was developed further in the case of ..... 12 of the constitution laid down in ramana dayaram shetty with the constitution bench imprimatur in ajay hasia form keystone of the subsequent jurisprudential superstructure judicially crafted on the subject which is apparent from a chronological consideration of the authorities cited, held:'the picture that ultimately emerges is that the tests formulated in ajay hasia are not a rigid set of principles so that if a body falls within any one of them it must, ex hypothesi, be considered to be ..... shrine and its endowments, it does not function under the shadow of the government and there is no government control over its affairs, the conclusion is irresistible that the shrine board is not a state or an authority within the meaning of article 12.18. it is also to be considered whether and to what extent the tests propounded in ramana dayaram shetty and approved in ajay hasia and pradeep kumar biswas are satisfied in the instant case ..... 184/1994, which was disposed of with direction to the shrine board to .....

New India Distillery and anr. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1997J& K1

..... the observations in the aforesaid two judgments, therefore, have to be appreciated and considered in the light of the ratio in international airport authority and other subsequent judgments, and by taking into account development of constitutional law regarding the state action based on fairness, objectivity, reasonableness and in public interest, after the pronouncement of the judgments in the international airport authority of india and in a number of other cases, subsequently delivered by the supreme court. ..... it must follow as a necessary corollary from this proposition that the government cannot act in a manner which would benefit a private party at the cost of the state: such an action would be both unreasonable and contrary to public interest. ..... though the language in which this observation is couched is rather wide, we do not think that in making this observation, the court intended to lay down any absolute proposition permitting the state to act arbitrarily in the matter of entering into contract with third parties. ..... it is bounden duty of the state rather its consitutional obligation not to act arbitrarily, unfairly or unreasonably in the matter of grant of contracts to the citizens and not to discriminate between one citizen and another on this score. ..... state of orissa(air 1969 sc 1081)(supra) which was also a decision of the constitution bench, where it was held in so many terms that the state cannot act arbitrarily in selecting persons with whom to enter into contracts. .....

Pyare Lal Sharma Vs. J. and K. Industries Ltd.

Court : Jammu and Kashmir

Reported in : AIR1985J& K33,[1986]59CompCas693(NULL)

..... international airport authority of india, air 1979 sc 1628, once again addressed itself to the question as to how to determine whether a company or a corporation is acting as an instrumentality or agency of the government and, as such, amenable to the ..... sehravardi air 1981 sc 487, and, after reviewing the case-law, their lordships opined that if on a consideration of various factors detailed in international airport's case, air 1979 sc 1628, it is found that the corporation is an instrumentality or an agency of the government, then it would be an 'authority' and, therefore, ' state ' within the meaning of the expression in article 12. ..... manager, government woollen mills, air 1979 j & k 57, after a review of a catena of authorities opined that a company incorporated under the companies act and governed by the provisions of the companies act, cannot be characterised as an ' authority,' state, or an agent of the state ' and in that view of the matter held that the jammu and kashmir industries ( ..... , was a party and who had authored the judgment, considered a catena of authorities and opined that a company registered under the companies act and incorporated in accordance with the provisions of the companies act cannot be treated as a statutory body because it is not created by ..... , which owe their very existence to a statute can be considered as ' statutory ' institutions or 'authorities' within the meaning of article 12, because the statute itself is the fountain-head of their powers. .....

Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ66

..... the international airport authority of india and ors ..... international airport authority of india and ors ..... the excise commissioner, being bound by the rules, he was not required to grant licences to the petitioners, as they had no right to any licence; (e) that regard being had to the nature of trade, it is administrative discretion of the licensing authority to issue/grant licences; (f) that to deal in a liquor trade is only a privilege and not a right; (g) that the change in policy, by resorting to draw of lots for purposes of identifying prospective licensees, is neither irrational nor arbitrary or perverse; ..... is entitled to refuse to enter into relationship with any one, yet if it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be invalid unless it can be supported or justified on some rational and non ..... , (1994) 5 scc 509, are quoted herein below: 'legitimate expectation may arise:(a) if there is an express promise given by a public authority; or(b) because of the existence of a regular practice which the claimant can reasonably expect to continue; and(c) such an expectation must be ..... union of india, (1994) 6 scc 651, while dealing with the scope of judicial review, the apex court held as under: .....

State of J. and K. and ors. Vs. Trehan Industries Pvt. Ltd. and anr.

Court : Jammu and Kashmir

Reported in : AIR2005J& K13,2005(1)JKJ536

..... . international airport authority of india, 1979 (3) scc 489 : (air 1979 sc 1628) wherein it was observed that the government is not free like an ordinary individual to select the recipients for its largesse and cannot choose ..... not deal with any one, but if it does so, it must do so fairly without discrimination and without unfair procedure whether in giving jobs or entering into contracts or granting other forms of largesse, the government cannot act arbitrarily at its sweet-will and, like an ordinary individual deal with any person it pleases, its action must be in conformity with standard or norms which is not arbitrary, irrational, capricious or irrelevant, it must be ..... same was contrary to the rules of natural justice as opportunity of hearing was not given to the respondents before taking over-possession; that the appellants were estopped by principle of promissory estoppel from acting contrary to the earlier orders of the previous government; that the power house had been handed over in the light of government policy to privatize power sector and the sanction of the government ..... state, air 1937 pc 27, wherein the judicial committee observed that :'in a case in which after government officials, duly competent and duly authorized in that behalf, have arrived honestly at one decision, their successors in office, after the decision has been acted upon and is in effective operation, cannot purport to enter upon a re-consideration of the matter to arrive at another and .....

J and K Bank Ltd. and anr. Vs. Srinagar Carpet Company

Court : Jammu and Kashmir

Reported in : 2004(1)JKJ380

..... . in response, the additional general manager, cargo, airports authority of india under the cover of his letter dated 14th march, 2001 enclosed photocopies of the gate-pass relevant to the consignment and delivery certificate thereof ..... however, in order to save the interests of the respondent, the foreign bank, oh 16th june, 1996, addressed a letter to the saudi airlines, king khalid international airport, cargo section, riyadh, expressing no objection in handing over to m/s mohandis ahmad saleh, a1-wakil, the delivery of the goods in question' for the purpose of re-export of the goods to the source'.m/s mohandis ahmad saleh, a1-wakil, in turn, authorises a ..... (5) the concerned bank should have sought our prior instructions regarding the disposal of the documents and if at all the local authorities have directed them for the disposal of goods, the same should have been consigned to the remitting bank and not to the drawer who had transferred the title of goods to ourselves by way of purchase of documents ( ..... (c) nevertheless, in the case that banks take action for the protection of the goods, whether instructed or not, they assume no liability or responsibility with a regard to the fate and/or condition of the goods and/or for and acts and/or omissions on the part of any third parties entrusted with the custody and/or protection of the goods. ..... 50,00,000) as per the terms and conditions contained in sanction letter dated 10th may, 1994. .....

Pyare Lal Sharma Vs. Managing Director, J and K Industries Ltd., Srina ...

Court : Jammu and Kashmir

..... international airport authority of india air 1979 sc 1628 once again addressed itself to the question as to how to determine whether a company or a corporation is acting as an instrumentality or agency of the government ..... woollen mills, air 1979 j & k, 57 after a review of a catena of authorities opined that a company incorporated under the companies act, and governed by the provisions of the companies act, cannot be characterised as an 'authority', state, 'or an agent of the state and in that view of the matter held that ..... , was a party and who had authored the judgment, considered a catena of authorities and opined that a company registered under the companies act and incorporated in accordance with the provisions of the companies act, cannot be treated as a statutory body ..... owe their very existence to a statute can be considered as 'statutory' institutions or 'authorities' within the meaning of article 12, because the statute itself is the fountain head ..... hold that the company being an instrumentality or the agency of the state, is an authority within the meaning of article 12 of the constitution and is, as such, amenable to ..... applicable to a company or society and in a given case it would have to be decided on a consideration of relevant factors whether the company or society is an instrumentality or agency of the government so as to come within the meaning of the expression 'authority' of article 12 of the constitution which is amenable to the writ jurisdiction of this court.7. .....

Ram Swaroop Chowdhary Vs. Jammu Development Authority and ors.

Court : Jammu and Kashmir

Reported in : AIR1998J& K53

..... international airport authority of india, air 1979 sc 1628 held as under : 'it must, therefore, be taken to be the law that where the government is dealing with the public, whelher by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesse, the government cannot act arbitrarily at its sweet will and like a private individual, deal with any person it pleases, but its action must be in conformity with standardor ..... they have taken a stand that as per the policy the jammu development authority has decided to allot the shops to displaced persons and the case of petitioner did not fall in ..... the above pronouncements, it cannot be said that the decision of the jammu development authority to dispose of the shops py way of auction is in any way contrary ..... after this a communication was addressed by the jammu development authority to the petitioner; the petitioner was informed that premium for ..... the jammu development authority that the remaining shops would be disposed of by way of public auction is a decision which is in consonance with the decisions given by the supreme court noted above : (iii) that the decision taken to do away with the allotment through discretionary quota is again in consonance with the law laid down by the supreme court of india. 15. ..... the net result is :(i) that the jammu development authority was right in formulating the policy which was to the effect that allotment would first be made to those persons who have been .....

Trehan Industries Pvt. Ltd. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ447

..... airport authority of india and ors. ..... officials of the government in giving effect to such decision; and, thereafter, contemporaneous correspondence exchanged between the parties, the intention of the parties gathered unequivocally and the expression used therein and how the parties acted there upon, borne out from the record of the respondents, clearly establish all essential requisite traits of an agreement and consensus ad idem spelt out therefrom notwithstanding the agreement is not signed between the parties ..... 'in air 1937 privy council p.27, it has been further held that:'in case where government official duly competent and duly authorized in that behalf had arrived honestly at one decision, their successor-in-office after the decision has been acted upon and is in effective operation cannot purport to enter upon re-consideration of the matter at another in a totally different decision'17. ..... 'further, the court held that:'the law may, therefore, now be taken to be sensed as a result of this decision (anglo afghan agencies case) that where the government makes a promise knowing or intending that it would be acted on by the promisee and in fact the promisee acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government. .....