Court : Supreme Court of India
..... the state government may enquire into the legality and bona fides of the action of the persons responsible for illegally 72 entertaining the applications of the builder and releasing the land to it, when it had no title to the land on the date of the notification under section 4 of the 1894 act and proceed against them in accordance with law. ..... any land in respect of which an application under section 3 of the haryana development and regulation of urban areas act, 1975 has been made by the owners prior to the award for converting the land into a colony, may also be considered for release subject to the condition that the ownership of the land should be prior to the notification under section 4 of the act.6. ..... section 3 of the haryana act deals with application for licence and entitles an owner desiring to convert his land into a colony to make an application to the director for the grant of licence to develop a ..... (h) the third parties from whom money had been collected by the builder/private entities will either be entitled to refund of the amount from and out of and to the extent of the amount payable to the builder/private entities in terms of above direction, available with the state, on their claims being verified or will be allotted the plots or apartments at the agreed price or prevalent price, whichever is higher ..... the name of this town emerged on the world map in 1972, when world famed maruti industry was set up in gurgaon with the collaboration of suzuki company of japan .....
Tag this Judgment!Court : Supreme Court of India
..... it is to be observed that, if one puts article 3 (4) on one side, the draftsman of the act of 1956 appears to have been seeking to give effect to article 3 (1) and (2) of the convention, subject to the fact that he appears to have been concerned to extend the word ownership by the addition of the adjective beneficial, very possibly to take account of the special english institution of the trust which may form no part of the domestic laws of other signatories to the convention. ..... reflect geophysical, however, filed an application in the singapore court for placing the company under judicial management, which was published in a notification dated 15.3.2013 in the singapore gazette. ..... (2) since the meaning of the words beneficially owned is not clear the court can and should look at the terms of the brussels convention of 1952, section 3 of the act of 1956 being intended to give effect to article 3 of the convention; and having done so the court should so construe the statute as to give effect, so far as possible, to the presumption that parliament intended to fulfil, rather than 18 supra page 45 of 57 to break, its international obligations. ..... apart from authority, we would construe them to refer only to such ownership of a ship as is vested in a person who has the right to sell, dispose of or alienate all the shares in that ship. .....
Tag this Judgment!Court : Supreme Court of India
..... - (a) extend this act to any port in which this act is not in force or to any part of any navigable river or channel which leads to a port and in which this act is not in force; (b) specially extend the provisions of section 31 or section 32 to any port to which they have not been so extended; (c) withdraw this act or section 31 or section 32 from any part thereof in which it is for the time being in force. ..... it is to be noted that gmb granted noc for dumping dredge material in mudflat area at magdalla to essar vide letter dated 14th june, 2007 (annexure5) with a condition that the ownership of reclaimed land shall vest with gmb/gog (condition no.7) and essar shall not claim reimbursement for any expenditure, incurred for this reclamation (condition no 8). 21. ..... till date for development of waterfront and land reclamation (233 ha) and is in the process of reclaiming further in order to undertake after 36 6 their planned expansion while their application remains pending. ..... apart from this, essar planned to build a world class container terminal and a dry dock, which would serve the shipping industry 30 generally. ..... apart from stating that essar will have to obtain all required permissions and clearances, four conditions are of importance in this letter and are set out hereinbelow: 3. .....
Tag this Judgment!Court : Supreme Court of India
..... division bench of the high court of jharkhand on elaborate consideration of applicable provisions of the act and broa came to the conclusion that education regulations, applicable to the erstwhile bihar, are law for the new state of jharkhand in terms of sections 84 and 85 of the broa and therefore ..... ) (supra) wherein the validity of the karnataka cauvery basin irrigation protection ordinance 1991 had been laid for scrutiny in a reference under article 143 of the constitution, the tribunal apart from observing that the question of subsistence or otherwise of the agreement was not an issue before this court in the said reference, also marked that in the complaint 170 before it under adjudication, the principal grievance of the state of tamil nadu ..... as we notice, the tribunal, after adopting the principle of equitable apportionment, in the process of computing the reasonable and equitable shares of the basin states as the first initiative, determined the irrigated areas of the states and in doing so, noted from the report of the cauvery fact finding committee submitted in the year 1972 that the utilization of waters of tamil nadu including karaikal region of the union territory of 423 puducherry, ..... the observations of this court that though the water from inter-state river pass through the territories of riparian states, yet such waters cannot be located in any one state, being in a state of flow, and, thus, no state can claim exclusive ownership of such water so as to deprive the .....
Tag this Judgment!Court : Supreme Court of India
..... the high court of punjab and haryana in maharana partap charitable trust (supra) wherein it held that the principle of actus curiae neminemgravabit has no application to the provisions of section 24(2) of the 2013 act and as per the law laid down by the supreme court in shiv raj, pune municipal corporation and sree balaji nagar residential association, the period of stay granted by the courts is not to be excluded for determining the period of 5 years under section 24(2) of the 2013 act ..... sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the court shall- (a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the ..... the words 'on the date of commencement of this act' in relation to the pendency of the suit would mean 15th july 1972 as held in om prakash gupta (supra) but the words 'from such date of commencement' appearing immediately thereafter in relation to the deposit to be made would have to be construed as the date of actual application of the act at a date subsequent to 15th july 1972 ..... the act of 2013 are not meant to benefit litigants and to permit them to reap the fruits of unworthy or frivolous litigation; and, if there is any merit in such a lis, the challenge therein must stand or fall on its own footing, irrespective of, and apart from, the coming into force of the 2013 act .....
Tag this Judgment!Court : Supreme Court of India
..... (2) any property to which a female hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition. ..... this case clearly negates the view taken by the high court in the19) impugned judgment.20) that apart, we are of the view that amendment to the aforesaid section vide amendment act, 2005 clinches the issue, beyond any pale of doubt, in favour of the appellants. ..... satish keshorao gonarkar2 had taken the view that the provision cannot be made applicable to all daughters born even prior to the amendment, when the legislature itself specified the posterior date from which the act would come into force. ..... it means for the purposes of finding out undivided interest of a deceased coparcener, a notional partition has to be assumed immediately before his death and the same shall devolve upon his heirs by succession which would obviously include the surviving coparcener who, apart from the devolution of the undivided interest of the deceased upon him by succession, would also be entitled to claim his undivided interest in the coparcenary property which he could have got in notional partition. ..... apart from these two daughters, he had two sons, namely, arunkumar and vijay. .....
Tag this Judgment!Court : Supreme Court of India
..... thakorbhai chelabhai13 the position regarding the application of section 14(2) of the act is summed up in mayne on hindu law thus: sub-section (2) of section 14 applies to instruments, decrees, awards, gifts, etc ..... murtaza fazal ali, speaking for the bench, succinctly and in a lucid manner while analyzing the true scope of section 14(1) and (2) of the act held as under : section 14(1) and the explanation thereto of the hindu succession act, 1956 provide that any property possessed by a female hindu, whether acquired before or after the commencement of the 1956 act, shall be held by her as full owner thereof and not as a limited owner; and that property includes both movable and immovable property acquired by her by inheritance or devise, or at a partition, or in ..... (2006) 8 scc75again succinctly discussed the applicability of section 14 (1) and (2) of the act and on facts involved therein held that the facts involved would attract section 14(2) of the act. ..... fourth, the effect of the will once became operational after the death of testator, the son and the daughter acquired absolute ownership in the suit house to the exclusion of everyone whereas the wife became entitled to live in the suit house as of ..... that this hon ble court be pleased to pass a decree of declaration that the plaintiff no.01 is entitled to absolute 7 rights over the 3rd floor and roof rights of the 3rd floor apart from the basement and ground floor of the property bearing no.d-246, defence colony, new delhi. 17. .....
Tag this Judgment!Court : Supreme Court of India
..... sections (4) and (5) of section 100 of the code, in clear terms, shows that, first, the high court can hear the second appeal only on the question so formulated; second, it has jurisdiction to dismiss the second appeal if the respondent raises an objection at the time of hearing that the question so formulated does not arise in the case or is not a substantial question of law; and third, it can hear the appeal on any other question not initially framed provided such question 8 arises in the ..... the findings of the two courts below were contrary to the pleadings and evidence and especially to ex-p-15 and held, by placing reliance on ex.p-15, that the respondent was occupying the suit shop as tenant and, therefore, the remedy of the appellant was in filing a tenancy suit against the respondent and to claim his eviction from the suit shop under the state tenancy laws or/and transfer of property act in such suit but not in the present suit which is based on the ..... , the approach of the high court in deciding the second appeal, which resulted in allowing the respondent's appeal, is wholly perverse and against the well settled principle of law applicable to second appeals and to the factual controversy involved in the case ..... the appellant, on purchase of the suit shop, therefore, requested the respondent to vacate the suit shop but he failed to vacate and hence the appellant became entitled to claim possession of the suit shop from the respondent on the strength of his ownership over 3 the .....
Tag this Judgment!Court : Supreme Court of India
..... was also separately stipulated in the other contract dated july 12, 1986 relating to rig-21 etc.33) thereafter, the itat pointed out that even as per the assessee, there was no dispute about the applicability of section 44bb of the act in relation to payments made by the ongc under the aforesaid agreements by way of operating charges and other payments made by ongc to the assessee except in relation to mobilisation fee and reimbursement of certain other expenses as according to the assessee, these payments were not in the nature of fee (income) ..... ashoka marketing co.1129) 10 11 before we appreciate the rival submissions made by counsel for (2015) 14 scc732(1972) 4 scc42628 the parties on both sides, it would be apposite to go into the raison d etre behind the orders of the itat as well as the high court.30) the itat in its order has taken note of the relevant clauses of the agreements entered into between ongc and assessee (sedco) pertaining to mobilisation and ..... 32) it also noted that apart from the aforesaid mobilisation fee stipulated in the aforesaid two contracts, the ongc had undertaken to pay compensation based on operating rate of us $ 24,550 per 24 hours a day for all operating time and us $ 24,060 as non operating rate per day relating to sedco ..... where the ownership in the platform, terminal, treatment plant or other facilities passed outside india, the non-resident will be taxable only in respect of the activities performed in india by way of installation, hook-up and .....
Tag this Judgment!Court : Supreme Court of India
..... (14) it is true that there is in act no.vi of 1857 nothing corresponding to section 3(b) of act no.i of 1984, but an examination of the provisions of act no.vi of 1857 clearly shows that the subject-matter of acquisition under that act was only ownership over the lands or its constituent rights and not the right of the government to levy assessment. ..... 22 to say that in acquiring the water source land also is involved, and as such the act is applicable will be simply misreading the provisions of the act and particularly the definition of land thereunder. ..... collector [(1994) 6 scc456 it was held that where there are irrigation wells in the land, estimated construction cost of the wells cannot be separately assessed apart from assessment of market value of the land and the value of the land has to be assessed having regard to the availability of irrigation facility on the land as a prime factor. ..... in the case before the patna high court an attempt had been made to acquire things standing on the land apart from the land itself, and the high court held that the proceedings were without jurisdiction. ..... firstly, it would not be open to the local government to acquire anything apart from the land and, secondly, as a matter of fact, the notification indicates that what was sought to be acquired was land. .....
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