Judgment Search Results Home > Cases Phrase: anti hijacking amendment act 1994 Page 1 of about 50,608 results (0.291 seconds)

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... act qua the definition of the expression 'scheduled offence' [vide section 2(1)(f)], various enactments including 58 sections under the indian penal code of which 23 are bailable were specified, the legislature by the amendment act 45 of 1985, published in the gazette of india, dated august 26, 1985, retained only sections 121, 121-a, 122 and 123 of the indian penal code and sections 4 and 5 of the anti-hijacking act ..... central government may take note of certain guidelines which we have suggested and incorporate them by appropriate amendments in the act and the rules made thereunder;(10) the challenge made to section 16(1) does not require any consideration in view of the substitution of the newly introduced sub -section by amendment act 43 of 1994 giving discretion to the designated court either to hold or not to hold the proceedings in ..... that the provisions of this section can be invoked only when the prosecution is able to establish that there was119 (1968) 3 scr 692: air 1968 sc 1481121 (1983) 4 scc 566117 (1994) 2 scc 664159 (1964) 1 scr 332: air 1963 sc 1295: (1963) 2 cri lj 329163 (1992) 4 scc 662: 1993 scc (cri) 13 767some material on record ..... self-imposed limitation on the exercise of the power under article 226 and refuse to pass an order or to give direction which would inevitably result in exercising the jurisdiction and power 117 (1994) 2 scc 664152 339 us 200: 94 l ed 761 (1949)153 401 us 37: 27 l ed 2d 669 (1971)154 420 us 592: 43 l ed 2d 482 (1975)155 445 us .....

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

Court : Gujarat

Reported in : AIR1993Guj5; (1992)1GLR79

..... mehta is accepted that in view of the public premiss act, the relevant provisions of the housing board act stood repealed; even though as per the amendment made by the legislature by act 1 of 1973 in the housing board act, a person cannot be said to be in unauthorised occupation till he is in arrears of rent for more than six months, he would incur liability of eviction under the public premises act as soon as he was in arrears of rent for more than two months. ..... i wish to make one thing clear from the provisions of section 56 of the housing board act, as amended in 1973, an occupant of the premises of the board does not incur liability of eviction until he does not pay rent for a period of more than six months while an occupant of the public premises under the public premises act incurs such liability if he does not pay rent due for a period of more than two months. ..... lodging house rates control act, 1947; both of them lay down summary procedure for eviction of unauthorised occupants from the premises belonging to the specified categories; the public premises act has not expressly repealed any of the provisions of the housing board act; the legislature has not treated the provisions of the housing board act as having been impliedly repealed which is apparent from the amendments made in the housing board act by acts 1 of 1973 and 13 of 1973 ..... moreover, section 60 excluding jurisdiction of civil courts was also amended by act 1 of 1973.9. .....

Jaipur Development Authority Vs. Mahavir Housing Coop. Society, Jaipur ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)578; 1996(7)SCALE404; (1996)11SCC229; [1996]Supp6SCR491; 1996(2)LC733(SC)

..... : [1995]1scr348 a bench of two judges had held that the central amendment act 68 of 1984 would apply from august 1, 1987 to the acquisition in state of rajasthan. ..... but the state legislature had amended the act by amendment act 28 of 1987 w.e.f. ..... as regards the state of rajasthan the land acquisition (amendment) act, 68 of 1984 was extended w.e.f. ..... entire case law by a bench of three judges in paragraph 17 had held that the power to grant additional amount under section 23(1-a) and enhanced interest under the proviso to section 28 and solatium at 30 per cent was due to amendments brought under act 68 of 1984. ..... notification under section 4(1) of the rajasthan land acquisition act, 1953 was published on august 21, 1969 acquiring a large extent of 484 bighas 11 biswas of land for jaipur urban development scheme by different notifications. ..... april 30, 1994. ..... 142/92 has confirmed the same by judgment dated may 2, 1994. .....

Om Prakash Vs. State (Nct of Delhi)

Court : Delhi

Reported in : 121(2005)DLT686

..... section 4 of the anti-hijacking act, 1982 provides a minimum term of imprisonment for life ..... the important fact to notice is that in 1978 when the amendment in question was introduced there was no offence in the indian penal code or in any other special acts which provided a minimum sentence of ten years and this circumstance is strongly suggestive that the legislature in using the words 'not less than ten years' had not intended to mean a minimum sentence of ten years' ..... the question before the division bench pertained to the offence under section 3(1) of the official secrets act, 1923 where the punishment prescribed was 'imprisonment for a term which may extend to 14 years' ..... lekhi contended that the amendment was introduced keeping in mind the laws that the legislature intended to enact in future ..... on the date when the amendment in section 167 was brought about (act no. ..... to put this interpretation, to my mind, would be totally against the intention and object of the amendment in section 167 brought about by the amending at 45 of 1978. ..... we know for certainty the object behind the amendment of section 167, cr.p.c. ..... the amendments in the procedural laws are usually made to meet lacunae and the difficulties which are being faced and the legislature wants to overcome ..... there are, of course, now some special acts, for instance, sections 15, 16, 17, 18 and 19 of the narcotic drugs and psychotropic substances act, 1985 which provide a sentence of not less than ten years and extending to twenty .....

Baburao Shantaram More Vs. the Bombay Housing Board and anr.

Court : Supreme Court of India

Reported in : AIR1954SC153; (1954)56BOMLR286; [1954]1SCR572

..... during the pendency of the proceedings in the court of small causes the bombay housing board act was amended by the bombay housing (amendment) act (act xi of 1951). ..... the high court found that it was difficult to hold that the board was a local authority but held that section 3-a introduced by the amending act had retrospectively extended the exemption contained in section 4 of the bombay rent act to the board. ..... section 3-a which was added by the amending act is in the words following :- '3-a. ..... under section 3(3) the board is to be deemed to be a local authority for the purposes of that act and the land acquisition (bombay amendment) act, 1948. ..... learned counsel for the petitioner then said that the effect of section 3-a is to extend the benefit of the exemption of section 4 of the bombay rent act to the board which, in other words, implies that the name of the board has been added in section 4 after the local authority. ..... the board, however, contended that its premises were exempted from the operation of the bombay rent act by virtue of section 4 of that act which runs as follows :- 'this act shall not apply to any premises belonging to the government or a local authority or apply as against the government to any tenancy or other like relationship created by a grant from the government in respect of premises taken on lease or requisitioned by the .....

Muniswamaiah and Others Vs. the State of Karnataka, Represented by Its ...

Court : Karnataka

..... published in karnataka gazette on 19.4.2001 issued by the 3rd respondent vide annexure-f and final notification dated 10.5.2002, published in karnataka gazette on 17.5.2002, issued by the 1st respondent vide annexure-g under sections 4(1) and 6(1) of land acquisition act 1894 as amended in 1984, respectively, in so far as the petitioners schedule lands, as illegal, contrary to law, and unsustainable in law and etc;) (prayer: this writ petition filed under articles 226 and 227 of the constitution of india praying ..... to quash vide annexure-d dated 31.3.2001 issued by third respondent and final notification dated 10.5.2002 issued by first respondent vide annexure-f under section 4(1) and 6(1) of the land acquisition act 1894 as amended in 1984, respectively, in so far as the petitioner schedule lands, as illegal contrary to law, and unsustainable in law and etc;) (prayer: this writ petition filed under article 226 of the constitution of india praying to quash the ..... it is contended that the very notification challenged in this petition was under challenge in wp 494/1994 and after contest, the said petition came to be allowed and the notification was quashed. ..... further, the very notification challenged in this petition was under challenge in wp 494/1994 and after contest, the said petition came to be allowed and the notification was quashed. .....

Sumatilal Chimanlal Shah Vs. Controller of Estate Duty, Gujarat

Court : Gujarat

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

..... 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. ..... learned advocate-general urged with vehemence that if in the present case before us the knowledge about the invalidity of the bombay amending act is imputed to the notional bidder as on the date of the death of maniben, it would be tantamount to saying that the bidders would be omniscient and more particularly because the bombay amending act was upheld by the bombay high court and, therefore, the bidder could not have anticipated that the said ..... was of the opinion that the valuation of the land sought to be acquired under the land acquisition act, 1894, could not be assessed as on january 1, 1948, as prescribed under the bombay amendment act inasmuch as the said act was declared to be void from its inception since the legislature had no competence to enact such a ..... of assessment for the purposes of estate duty and the accountable person claimed that the value should be fixed on the basis of the prices prevailing on january 1, 1948, in view of the land acquisition (bombay amendment) act, 1948, and not the price for which the land was agreed to be sold to satyavadi co-operative housing society ltd. .....

Ratilal Shakarabhai and ors. Vs. the State of Gujarat and ors.

Court : Supreme Court of India

Reported in : AIR1970SC984; (1970)2SCC264

..... amendment act 30 of 1965 amended clause (f) of section 3 of the land acquisition act, 1894 which defined the expression 'public purpose'. ..... as per that amendment after sub-clause (2) the following dame was added:and (3) a housing scheme which the state government may from time to time undertake for the purpose of increasing accommodation for housing persons and shall ..... there is no material, on record from which we can reasonably come 'to the conclusion that the government had acted blindly in issuing that notification.10. ..... it was urged by the learned counsel for the appellant that the proposed acquisition was for a company and as no steps were taken 'under sections 40 to 42 of the land acquisition act, the proceedings are vitiated. ..... the expression 'company' as de fined in the land acquisition act includes a co-operative society within the meaning of co-operative societies act, 1912. ..... thereafter a notification under section 6 of that act was issued on october 1, 1984, this was followed up by other proceedings under the land acquisition act. ..... some areas out of those lands were notified for acquisition under section 4 of the land acquisition act, 1894 on march 19, 1964 for a housing scheme prepared by the 3rd respondent, a co-operative society registered under the co-operative societies act. .....

Smt. S. Jalaja Vs. Union Of India

Court : Karnataka

..... it has been urged on behalf of the owners of the land that the provisions of the karnataka amendment act 2019 are arbitrary and are opposed to all canons of law and voilative of article 21. ..... the provisions of 2013 act have been amended by the state legislature by the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement (karnataka amendment) act, 2019, the aforesaid amendment act had received the assent of the president on 16.07. ..... is also pointed out that subsequent to the order passed by the learned single judge, provisions of 1966 act were amended by karnataka amendment act no.16 of 2019 and therefore the provisions of chapter ii and iii of 2013 act do not apply in respect of notified projects. ..... the provisions of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement (karnataka amendment) act, 2019 are neither arbitrary nor voilative of article 21 of the constitution of india. ..... 14 0 by the aforesaid amendment act, several provisions of 2013 act have been amended, however, the amendments which are relevant for decision of the controversy involved in these appeals are, amendment of section 2, insertion of sections 10a, 23a, 30a and ..... , except for making such a statement no material has been brought on record to show as to how the provisions of amendment act are either arbitrary, voilative of article 21 of the constitution of india or unconstitutional. ..... ' 1994 scc (11) 75, 'pt.rishikesh and anr. vs .....

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

Court : Kolkata

Reported in : AIR1970Cal15,73CWN676

..... 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 under section 4 alive ..... after the two decisions mentioned above the constitution (4th amendment) act, 1955, was passed and clause (2) of article 31, amongst other clause was substituted by the new clause (2), and various other amendments were also made but the amendment made in article 31 was not retrospective with the result that in cases where land was acquired under a statute enacted before april ..... get a solatium of only 5% of such value instead of 15% under the land acquisition act the supreme court held that the amending act prescribed the principles for ascertaining the value of the property acquired, and that in the context of continuous rise in land prices depending upon abnormal circumstances, it could not be ..... on the question of the right to challenge the vires of an act on the ground of adequacy of compensation, the supreme court held as follows:reverting to the amendment made in clause (2) of article 31 by the constitution (fourth amendment) act 1956, it is clear that adequacy of compensation fixed by the legislature or award according to the principles specified .....