Judgment Search Results Home > Cases Phrase: andhra pradesh and madras alteration of boundaries act 1959 section 21 interpretation Page 8 of about 509 results (0.150 seconds)

State of Gujarat Vs. Mirzapur Moti Kureshi Kassab Jamat and ors.

Court : Supreme Court of India

Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)

..... bench in the following terms of the order :'parties to these appeals agree that the issue involved in these appeals requires interpretation of the provisions of the constitution of india especially in regard to the status of directive principles vis-a-vis the fundamental rights as well as the effect of introduction of articles 31c and 51a in the constitution.therefore, in view of article 145(3) of the constitution, we think it appropriate that this matter ..... referred to as 'the principal act'), in section 5,-- (1) for sub-section (1a), the following shall be substituted, namely: '(1a) no certificate under sub-section (1) shall be granted in respect of -- (a) a cow;(b) the calf of a cow, whether male or female and if male, whether castrated or not;(c) a bull below the age of sixteen years;(d) a bullock below the age of sixteen years'; (2) for sub-section (3), the following sub-section shall be substituted, namely: '(3) nothing in this section shall apply to -- (a) the ..... reality that such an aged bull and bullocks produce huge quantity of the cow dung manure and urine which can alter a situation materially so as to reverse ..... cases on the subject and taking into consideration the uselessness of these bulls and bullocks after they have attained a particular age for agriculture operation like manure as well as bio-gas and ecology, observed in para 18 as under:'we are pained to notice the successive attempts made by the state of madhya pradesh to nullify the effect ..... act, 1959 ..... madras and .....

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... validity of the restrictions imposed by sections 4 and 5 and rules 11 and 12 of the act as regards gambling competitions was no longer open to challenge under article 19(6) of the constitution in view of the decision of this court that gambling did not fall within the purview of article 19(1)(g) of the constitution.it has been further observed that:when a question arises as to the interpretation to be put on an enactment, what the court has to do is to ascertain 'the intent of them that make it' and that must of course, be ..... labour court : air1980ap132 a full bench of andhra pradesh high court held that the legislature is not competent to make law abridging the right to work.308 ..... other employee relates has vested and shall hold his office or service on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so until his employment in the indian insurance company in which the undertaking or part has vested, is terminated or until his remuneration, terms and conditions are duly altered by that indian insurance company ..... the superior law of the land, and because one of their outstanding features is flexibility and capacity to meet changing conditions, constitutional policy provides a valuable aid in determining the legitimate boundaries of statutory meaning. ..... drawn to the observations of this court in the collector of customs, madras v. ..... : [1959]1scr279 .....

A.M. Prabhakaran and ors. Vs. Chithappa Sulaikabi

Court : Kerala

Reported in : 2008(1)KLJ109; AIR2007NOC1100(SB)

..... section 18 of the act (act xv of 1946) provides that all proceedings commenced and taken under the madras house rent control order, 1945 and madras non residential building rent control order, 1945, and pending at the commencement of the act were deemed to have been commenced or taken under the corresponding provisions of the act ..... that in narayanan's case (supra) this court interpreting section 11(17) of the act, had held that 'the context in which the expression 'tenant' has been used under the above provision required the adoption of a restricted meaning than the one ascribed to the said expression in the definition of the said expression under section 2(6) of the act and that the benefit conferred under section 11(17) of the act is a personal privilege conferred on the tenant ..... control acts of andhra pradesh, ..... present section 11(17) and that in the 1959 act as identical and concluded that:we are of the view that the benefit of the protection under section 11(17) is available only to the tenant who was inducted into possession prior to the date and continued to be in possession on the date of proceedings for eviction and his legal representative, who, came into the category of tenants by virtue of the inclusive definition in section 2(6)of the act cannot ..... the language is plain and explicit and does not admit of any doubt, the court cannot by reference to an assumed legislative intent expand or alter the plain meaning of ..... of the law and the keepers of these boundaries cannot, also, .....

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

..... lordships viewed that where some gap is left in a legislation, in order to suppress the mischief and advance the object thereof, explanation can help or assist the court in interpreting the true purport and intendment of the enactment.on the same issue, the apex court in government of andhra pradesh and anr. v. ..... subscribing to the observations recorded in government of andhra pradesh and ors. v. ..... apex court in sri krishna coconut (supra), negated the plea raised on behalf of the appellant that the expression 'bought or sold' appearing in section 11(1) of the madras commercial crops markets act, 1933 denoted purchase and sale by the same person of the goods involved in the notified area for fee to be levied. ..... documents furnished by the board as testaments of services rendered by it, disclose huge investments in various kinds of construction works in several principal as well as sub-market yards in the nature of godown, administrative buildings, auction platforms, boundary walls, sheds, paddy shop houses, shopping complex, staff quarters, link roads, approach roads etc. ..... overrule, reverse or override a judicial decision, it may, at any time in exercise of the plenary power conferred by the constitution render a judicial decision ineffective by enacting a valid law on the topic within its legislative field, fundamentally altering or changing with retrospective, curative or neutralizing effect the conditions on which such decision is based.78. ..... [1959]1scr379 , the state of madras. v .....

Most. Rev. P.M.A. Metropolitan and Others, Etc. Etc. Vs. Moran Mar Mar ...

Court : Supreme Court of India

Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; [1995]Supp1SCR542

..... of the high court, as they were transferred under orders of this court, and were ultimately decided in appeal and cross objections by the division bench giving rise to these appeals and various legal issues including whether the suit under section 9 of the cpc was maintainable, effect of places of worship (special provisions) act, 1991 and whether the decision in earlier suit filed by the appellants operated as res judicata ..... that the courts were precluded from considering muslim ecclesiastical law and observed at page 468 as under :-i am unable to accept this view, because, if it is conceded that the decision of this case depends (as i shall presently endeavour to show it does depend) upon the interpretation of the muhammadan ecclesiastical law, it is to my mind the duty of this court, and of all courts subordinate to it, to take judicial notice ..... periods, and in many cases still are, administrative areas for various civil purposes, although the boundaries for parishes for civil purposes have in many cases been altered under statutory ..... patriarch. he addressed letters to the governments of travancore and madras to withhold payment of interest to mar ..... having revived the catholicos with the powers under ex.a.13 and 14 and having accepted (by necessary implication) the constitution of 1934 under his kalpana ex.a.19 and having installed the catholicos in 1964 notwithstanding his objections raised in his letters written during the years 1959 to 1962, it was not open to ..... pradesh and .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... from. the definition of the term 'family unit' in section 3 (f) in andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 was upheld by relying upon the legislative competence for ..... , mysore, : [1966]60itr293(sc) , the supreme court interpreting the provisions of the income-tax act in section 3 observed that a hindu coparcenary is a much narrower body than the joint family; it includes only those persons who acquire by birth an interest in the joint or coparcenary property, these being the sons, grandsons and great-grandsons of the holder of the joint ..... paragraph 198, page 2349 made reference to basic structure case and observed that in that case the majority ruled that the power of amendment of the constitution contained in article 368 did not permit altering the basic structure of the constitution and the seven judges who constituted a majority were correct that ..... issue because it is submitted that certain provisions run riot beyond the geographical jurisdiction, power and limit of the state legislature and the doctrine inherent in seventh schedule that the writ of laws can run effectively within the boundaries of the state, has been infringed. ..... being consideredin the earlier case of krishnaswami naidu : [1964]7scr82 (supra) as defined by section 3 (14) of the madras act was treated to be immune from attack under article 14 of the constitution because of the placement of the act under the statutory shield of article 31-b of the ..... : [1959]1scr629 and .....

P. Bhuvaneswaraiah and ors. Vs. State of Mysore and ors.

Court : Karnataka

Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470

..... act', the charging section, is vague and unenforceable and consequently it is inoperative and if that section is struck down as being vague and unenforceable, as it should be, the other provisions in the 'act' being machinery provisions will have no independent existence and, therefore, the entire 'act' has to be held to be inoperative.the power granted to the government to alter the first schedule was assailed on the ground that it is a delegation of essential legislative function and ..... that a proviso must be considered with relation to the principal mater to which it stands as a proviso'; therefore, it is to be construed harmoniously with the main enactment; it has to operate in the same field and if the language of the main enactment is clear it cannot be used for the purpose of interpreting the main enactment or to exclude by implication what the enactment clearly says unless the words of the proviso are such that that is its necessary effect. ..... (61) in exercise of the powers conferred by the government of india act, 1919 and the devolution rules made by the governor-general, the concerned provincial governments enacted:(a) the bombay municipal boroughs act, 1925, which is in operation in the bombay area of the new mysore state; (b) the madras district municipalities act, 1920, which is in operation in the madras area of the new state of mysore; (c) the coorg municipal regulation, ..... powers of legislature to fix the boundaries of districts from which their own ..... pradesh, : [1959 .....

Shyam Swarup Saksena Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1963All426

..... argued that the notification under section 6 of the act which is dated the 18th february, 1959, also contained orders implementing the prior direction of the governer relating to the non-applicability of section 5-a of the act to the present proceedings in so far as this notification conferred a power on the collector to take possession of the land under sub-sections (1) and (1-a) of section 17 of the said act on the ground that the provisions of section 5-a of the act had not been made applicable ..... ' this is the reason why no boundaries of the land need be given in the notification wider section 4 of the act.on the other hand, section 6(2) of the act lays down that the declaration under the said section 'shall be published in the official gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and, where a plan shall have been made of ..... to cases which support the interpretation of sections 4 and 6 of the act as expounded above.18. ..... even if, therefore, there has been an alteration of public purpose at the stage of notification under section 6 of the act, such a modification would not have the ..... state of uttar pradesh : air1958all872 in which it was held that the satisfaction of the state government is a subjective satisfaction, and it is not open to the court to examine the grounds upon which it is founded.on the other hand, the learned counsel for the petitioner relied on a case in .....

Public Prosecutor Vs. Devireddi Nagi Reddi

Court : Andhra Pradesh

Reported in : 1962CriLJ727

..... state of andhra pradesh : air1960ap1 in regard to the true interpretation of section 423(1)(b) of the criminal procedure code was the subject-matter of appeal to the supreme court, and that the decision of the supreme court was rendered ..... party can only take the course prescribed by law let sitting the matters right and if that course is not takes, the decision however wrong cannot be disturbed.the boundary between an error of judgment and usurpation of power is pointed out by the learned judge in the following terms:the former is reversible by an appellate court within a certain fixed time, and it is, therefore, only voidable; the latter is an absolute nullity.the leraned ..... of jurisdiction in the learned judge acting under sections 423(1)(b) and 423(i-a) criminal procedure code and altering the convictions under section 326 indian penal code into one under section 302 indian penal code and whether the judgment is consequently null and void.2. ..... is filed against a conviction under section 423(1)(b), criminal procedure code, the entire matter in relating to and bearing upon the charge on which the accused was tried was before the court and that he was entitled to alter the finding of implied acquittal into one of conviction, was supported by some of the decisions of the high courts of allahabad, calcutta, lahore, madras and mysore. ..... to the scope and effect of section 423(1)(b), criminal procedure code was opposed to the decision of the full bench of this court in ilr (1959) andh pra .....

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... he, thus, submitted that by virtue of section 85 of bihar reorganization act, 2000 read with sections 84 and 86 thereof, it is clear that the existing law shall have effect till it is altered, repealed and/or amended.interveners view39. mr. ..... government of andhra pradesh & ors. ..... we have already extracted rules 59 and 60 and analysis of those rules confirms the interpretation of section 11 above and the conclusion that it is section 11(4) which would apply to a notification issued under rule 59(1). ..... sen on behalf of the appellants for the argument that they are the only provisions for specifying the boundaries of the reserved areas, and as they relate to prospecting or mining operations to be undertaken by the central government, they are enough to show that the act does not contemplate or provide for reservation by any other authority or for any other purpose. ..... hind stoneo, the question under consideration was about the validity of rule 8-c of the tamil nadu minor mineral concession rules, 1959 which provided for lease for quarries in respect of black granite to the government corporation or by the government itself and that from december 7, 1977 no lease for quarrying black granite should be granted to private persons. ..... exports (madras) pvt. .....