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United States Vs. Moore

Court : US Supreme Court

..... moved to dismiss on the ground that, on june 23, 1949, six days prior to filing of the complaint, the housing expediter, pursuant to action taken by the city of dallas under 204(j)(3) of the act, terminated rent control in that city; that this act of the expediter terminated as to dallas all provisions of title ii of the act, including the remedial provisions under which this suit is brought, and that no saving clause was applicable. ..... provision was the source of 206(b) of the 1947 act, and the two sections are, for present purposes, identical. ..... footnote 6 ] it has uniformly been the view of the lower federal courts that restitution of overcharges may be ordered under 206(b) of the 1947 act and like provisions whether or not injunctive relief is sought or is permissible at the time of the order. ..... , an equitable decree of restitution would be within the section if it was reasonably appropriate and necessary to enforce compliance with the act and effectuate its purposes. ..... this section provides that if, in the judgment of the housing expediter, there is an actual or threatened violation of the act or any regulation, "the united states may make application to any . . ..... not end the legal effect of 205 and 206 (under which this action was brought), in view of the provision of 204(f) for the survival of rights and liabilities incurred prior to the expiration of the act on either the date specified by congress in the act or such date as the president or congress might later determine. pp. .....

Sumatilal Chimanlal Shah Vs. Controller of Estate Duty, Gujarat

Court : Gujarat

Reported in : (1982)26CTR(Guj)209; [1982]138ITR143(Guj)

..... whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the words 'if sold' in section 36(1) of the estate duty act, 1953, create a fictional position under which the tribunal had to assumes and proceed to value the property on the basis that there was an open market the land in question could be sold 3. ..... it reads as under : 'all the learned law lords in the buccleuch case [1967] 1 ac 506, agreed that the words 'at the time of the death' point to a definite time - the day on which the death occurred - and do not mean within a reasonable times after the death....' 22. ..... that since the declaration of the invalidity has been made by the supreme court in october, 1964, it cannot be urged that this invalidity was in fact known to the notional bidders at the hypothetical sale which the act requires to be imagined to have taken place at the time of maniben's death since we have to consider what would in fact have happened if this imaginary sale had taken place. ..... we do not think that the first two contentions of the learned advocate-general can be said to be well founded for the following reasons : in the first place, it cannot be successfully urged that though in law the amending act was in effect and substance wiped out of the statute book, still it existed for the purposes of determining as to the state of affairs existing on the relevant date. ..... negativing this contention, the supreme court referred to the definition of 'existing law' under art. .....

Regional Director, Employees State Insurance Corporation Vs. Tulsiani ...

Court : Mumbai

Reported in : 2008(2)ALLMR146; 2008(2)BomCR226; [2008(116)FLR656]; (2008)IILLJ239Bom; 2008(1)MhLj178

..... aggrieved by the judgment and order dated 20-1-2006 the appellant corporation has approached this hon'ble court by filing the present first appeal under section 82 of the esi act praying for quashing and setting aside the said judgment and order dated 20-1-2006 passed by the employees' insurance court at mumbai in application ( ..... aggrieved by the judgment and order dated 15-10-2005 the appellant begs to approach this hon'ble court by filing the present first appeal under section 82 of the esi act praying for quashing and setting aside the said judgment and order dated 15-10-2005 passed by the employees' insurance court at mumbai in application ..... a notification, exhibit 'a' issued by the urban development public health department, mantralaya, bombay under section 1(5) of the employees state insurance act, 1948 (esi act) dated 18th september, 1978, wherein the central government with effect from 12-11-1978 has extended all the provisions of the esi act to the establishments, mentioned in column '1' and the area specified in column '2' of the schedule ..... 742/2004 (visvesvaraya industries research and development centre), though they are registered company under section 25 of the companies act, 1956 they are performing the function similar and akin to co-operative housing society such as collecting maintenance, charges from the lessee members to whom the premises have ..... activities are definitely commercial ..... 2019/2006, on 20-10-1982 the insurance inspector of the corporation visited .....

Commissioner of Income-tax Vs. His Highness Maharaja Yashwant Rao Pawa ...

Court : Madhya Pradesh

Reported in : [1981]127ITR650(MP)

..... by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as ' the act '), the income-tax appellatetribunal, indore bench, indore, has referred the following question of law for the opinion of this court :' whether, on the facts and in the circumstances of the case, the tribunal was right in ..... act empowers the collector to take possession of the land when he has made an award under section 11 thereof and thereupon the land absolutely vests in the government free from all incumbrances ..... act '), the collector is required to make an award of compensation which in his opinion can be allowed for the land under section 11 of the l. a ..... 43,431 for the period from april 1, 1965, to march 31, 1968, under the provisions of section 28 of the land acquisition act. ..... occasion for the award of interest was taking over possession of the land acquired, the right to receive the same arose only when the court in its discretion awarded interest on the enhanced compensation under section 28 of the l. a. ..... if the court enhances the amount of compensation it has the discretion to award interest on the enhanced amount under section 28 of the l. a. ..... the nature of the interest awardable under section 28 of the l. a. ..... therefore, interest payable under section 34 of the l.a. ..... thus, interest payable under section 34 of the l.a. ..... in case of emergency the possession of the land can also be taken before the award is made under section 17 of the l.a. ..... section 34 of the l. a ..... section 16 of the .....

Daejan Investments Limited Vs. Benson and Others

Court : UK Supreme Court

..... in giving a negative answer to this question lord neuberger refers to what one might call the basic jurisdiction, conferred on the lvt by sections 19 and 27a of the 1985 act, to determine the limit of a service charge by reference to whether the underlying costs were reasonably incurred by the landlord and whether the services thereby provided, or the works thereby carried out, were of a reasonable standard ..... in those circumstances, as there are no other relevant factors in this case, it seems to me that the lvt ought to have decided that daejan's application for a dispensation under section 20(1)(b) should be granted on terms that (i) the respondents' aggregate liability to pay for the works be reduced (presumably on a pro rata basis) by 50,000, and (ii) daejan pay the reasonable costs of the respondents in so far as they reasonably ..... to ensure that the tenants are protected from (i) paying for inappropriate works or (ii) paying more than would be appropriate, it seems to me that the issue on which the lvt should focus when entertaining an application by a landlord under section 20za(1) must be the extent, if any, to which the tenants were prejudiced in either respect by the failure of the landlord to comply with the requirements. 45. ..... i consider, with respect, that it is reasonable for lord neuberger to adopt a narrower definition of the word "prejudice", to be calculated only in monetary terms and by reference to the likely ultimate outcome of a duly conducted consultation .....

Larsen & Toubro Ltd. Vs.indian Oil Corporation Ltd.

Court : Delhi

..... the petition filed by the respondent under section 34 of the act was dismissed by this court on 01.06.2018. ..... the respondent challenged the arbitral award before this court by way of a petition under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ) being omp(comm. ..... section 31 (7)(b) of the act reads as under:-" 31(7)(b) a sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of two per cent higher than the current rate of interest prevalent on the date of award, ..... in fact, the petitioner claims interest on the sum of rs.54,61,07,800/- from the respondent @ 2% higher than the current rate of interest in terms of the amended provision of section 31 (7) (b) of the act.10. ..... therefore, the default provision of section 31(7)(b) shall have no application to the facts of the present case. .....

Loeffler Vs. Frank

Court : US Supreme Court

..... waived for the first time: "the authority of any federal agency to sue and be sued in its own name shall not be construed to authorize suits against such federal agency on claims which are cognizable under section 1346(b) of this title, and the remedies provided by this title in such cases shall be exclusive." 28 u.s.c. ..... 561 reason that federal employees generally could not do so -- stemmed not from the postal reorganization act, but from a restriction in title vii itself: the exclusion of federal entities from the definition of the term "employer. ..... (b) since title vii authorizes interest awards as a normal incident of suits against private parties, and since congress, by enacting the sue-and-be-sued clause in the postal reorganization act, has waived the service's immunity from such awards, respondent may be subjected to an interest award in this case. pp. ..... 564 administrative remedies, an unsatisfied 717 plaintiff "may file a civil action as provided in section 2000e-5 of this title," which governs enforcement actions against private employers. ..... as originally enacted in 1964, title vii, by excluding federal entities from its definition of employer, see 701(b) of title vii, 42 u.s.c. ..... (a) by launching the service into the commercial world and including a sue-and-be-sued clause in the postal reorganization act, congress removed the service's cloak of sovereignty and gave it the status of a private commercial enterprise. ..... , 671 f.2d 1072, 1078 (ca8 1982); domingo v. .....

The Metal Corporation of India Ltd. and anr. Vs. Union of India (Uoi) ...

Court : Kolkata

Reported in : AIR1970Cal15,73CWN676

..... , but it could not be said that because owners of land were to be deprived of all the increments due to spiralling of prices, it must be held that there was a violation of article 31(2). it was further held that the amending act did not derogate from the principle that the valuation on the date of issue of notification afforded the criterion for determining compensation of the land to be acquired, but it kept the notification ..... computing compensation could be challenged under certain circumstances mentioned therein and that was still good law so far as this court is concerned, and applying those principles the provisions in the act relating to payment of compensation and also those in the schedule to the act whereby compensation was to be computed as on the basis of the value on october 22, 1965, must be held to be bad as therewas no relation between the valuation of the properties and the date fixed ..... the other material change made by the amendment was that it was provided by clause ii of section 3 of the amending act that no declaration in respect of any particular land covered by a notification under section 4(1) published after the commencement of the said ordinance shall be made after the expiry of three years from the date of such ..... relying upon this definition of the word 'exploit' the attorney-general submitted that exploitation does not mean merely extraction of the ore, but includes turning of the ore to industrial account, and for this purpose the smelter .....

Amrinder Singh Vs. Unon of India (Uoi) and anr.

Court : Rajasthan

Reported in : 1992(3)WLC307; 1992WLN(UC)389

..... the writ petition has been filed by amrinder singh s/o tara singh, who is being tried for the offence under sections 4 and 5 of the anti hijacking act, 1982 (hereinafter to be referred to as the act') in case no. ..... the anti-hijacking act, 1982 is a special law. ..... in the case under the anti hijacking act, only one punishment has been provided an that is under section 4.12. ..... does not apply to the trials of anti hijacking act.10. ..... sections 4 and 5 of the aforesaid act read as under:section-4 punishment for hijacking-whoever commits the offence of hijacking shall be punished with imprisonment for life and shall also be liable to fine.section-5 punishment for acts of violence connected with hijacking- whoever, being a person committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the same punishment with which he would have been punishable ..... under any law for the time being in force in india if such act had been committed in india.3. .....

The Competent Officer, Gujarat Housing Board Vs. K.B. Parmar and ors.

Court : Gujarat

Reported in : AIR1993Guj5; (1992)1GLR79

..... premises belonging to, or taken on lease, by, or on behalf of- (i) any municipal corporation constituted under the bombay provincial municipal corporations act, 1949 or any municipality constituted under the gujarat municipalities act, 1963; (ii) a panchayat constituted under the gujarat panchayats act, 1961; (iii) any corporation (not being a company as defined in section 3 of the companies act, (1956) established by or under a central or 'state act, and owned or controlled by the state government; and (iv) any university established or incorporated by or under any law in the ..... by the district judge and submitted that all the petitions are required to be dismissed inasmuch as the conclusion of law recorded by the district judge that the provisions of the public premises act are not applicable but the provisions of the housing board act are applicable to 'the present respondents are correct and in accordance with law and by no stretch of imagination, it can be said that there is an error apparent on the face of the record committed ..... in fact not only in the definition clause the premises of the board are included, but a notification under section 3 of the public premises act has been issued by the state government in the official gazette appointing an officer on special duty as the competent officer for the purpose of exercise of the power conferred under the public premises act. ..... surabhai mafatbhai, reported in (1982) 23 (2) glr p. .....