Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: uk supreme court Page 12 of about 52,243 results (0.085 seconds)

Himachal Pradesh Cricket Association Vs. The State of Himachal Pradesh

Court : Supreme Court of India

..... who processed the case of the appellants were made principal secretary to cm and advisor to cm, respectively, by the respondent no.2 and were not prosecuted; (iv) there is no criminal act on the part of the officers and they performed their appropriate administrative duties due to which sanction stands declined by the central government and the cvc; (v) leases were validly granted as per proper procedures and in accordance with lease rules; (vi) fir ..... decision making were made principal secretary to cm and advisor to cm, respectively, by respondent no.2 and were not prosecuted; (iv) as per the prosecution, there is no criminal act on the part of the officers and they performed their appropriate administrative duties due to which sanction stands declined by the central government and the cvc. ..... page 39 of 53 directorate of youth services and sports on june 23, 2008 subject to completing all the formalities.35) as far as construction of hotel is concerned, the case of the appellants is that there was a parcel of idle land in the middle of the land alloted ..... appellants have pleaded that: (i) there is no criminal act on their part and the facts do not disclose any offence; (ii) all officers who processed the case of the appellants are not prosecuted; 5 (1991) 4 scc4066 (2008) 8 scc781criminal appeal nos. ..... 2008 ..... 2008 ..... request to the director, youth services and sports for allotment of additional land adjacent to the stadium admeasuring 720 square metres, vide its letter dated july 03, 2008. .....

The Employees State Insurance Corporation Vs. Union Of India

Court : Supreme Court of India

..... under active process of revision vis- -vis provisions of the dacp scheme ; (v) the esic recruitment regulations 2015 were issued without obtaining prior approval from the central government, as contemplated under section 17(2)(a) of the esi act; (vi) after the contesting respondents instituted an application before the cat, the assistant director (med), csic, headquarter office addressed a letter to the medical superintendent of the esic model hospital, rajaji nagar, 9 part b ..... preamble to the esic recruitment regulations 2015 explicitly states that the regulations were made after approval of the central government; 8 (1971) 2 scc3619 (2013) 16 scc14710 (2008) 12 scc6757 part b (xi) the submission of the contesting respondents that the advertisement issued by the appellant contemplated the application of the dacp scheme, is irrelevant to the adjudication ..... regulations 2015 notes that these regulations were to supersede the esic recruitment regulations 2008 and were made with the approval of the central government: .ln exercise of the powers conferred by sub-section (1) of section 97, read with clause(xxi) of sub-section (2) and sub- section (2a) of the said section and sub-section (3) of section 17 of the employees' state insurance act, 1948 (34 of 1948) and in supersession of the employees state insurance ..... dacp scheme makes it clear that the office memorandum applies to employees of the ministry of health, subject to an appropriate amendment in 5 part b the recruitment rules. .....

M/s. Delhi Airtech Servies Pvt. Ltd. Vs. State Of U.p

Court : Supreme Court of India

..... of their traffic or for the purpose of making thereon a river side or ghat station, or of providing convenient connection with or accesses to any such station, [or the appropriate government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,]. ..... so good, the question however is as to whether the rigour of section 11a of act, 1894 will apply when the appropriate government exercises its special power in cases of urgency, which does not contemplate the same ..... therefore, after issue of the initial notification under section 4 read with section 17(1) and on taking possession after issue of notice under section 9, the declaration under section 6 of act, 1894 is to be made so as to complete the process of acquisition, which indicates that the objection to acquisition of land shall alone stand muted and not the right to compensation which is 15 ..... appropriate that it will serve the ends of justice to direct the respondents to determine the market value insofar as the appellant s land is concerned by reckoning the relevant date as 09.06.2008 ..... court, the award in any event was passed on 09.06.2008 under the old regime which is now to be substituted ..... (a) the respondents shall construe 09.06.2008 as the relevant date and determine the market value prevailing as on that date applying the yardstick under act, 1894 in respect of the acquired .....

Hardt Vs. Reliance Standard Life Ins. Co.

Court : US Supreme Court

..... these factors are: (1) the degree of opposing parties culpability or bad faith; (2) ability of opposing parties to satisfy an award of attorneys fees; (3) whether an award of attorneys fees against the opposing parties would deter other persons acting under similar circumstances; (4) whether the parties requesting attorneys fees sought to benefit all participants and beneficiaries of an erisa plan or to resolve a significant legal question regarding erisa itself; and (5) the relative merits of the parties ..... still others authorize district courts to award attorney s fees where appropriate, [ footnote 6 ] or simply vest district courts with discretion to ..... we then concluded that by using the less stringent whenever appropriate standard instead of the traditional prevailing party standard, congress had expand[ed] the class of parties eligible for fees awards from prevailing parties to partially prevailing parties parties achieving some success , even ..... finally, if those five factors suggest that a fees award is appropriate, the court must review the attorneys fees and costs requested and limit them to a reasonable ..... court interpreted 307(f) of the clean air act, which authorizes a court to award fees whenever it determines that such an award is appropriate. 42 u. s. c. ..... 3d 555, 564 (ca7 2008) ( in analyzing whether attorney s fees should be awarded to a prevailing party in an erisa case, a court should consider whether the losing party s position was justified an taken in ..... 393 (2008))). .....

Mahender Pal and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR2009SC3220; 2009(4)AWC3464(SC); JT2009(13)SC670; (2009)5MLJ778(SC); 2009(8)SCALE485; 2009(6)LC2549(SC):2009AIRSCW5158

..... a citizen's property can be acquired in accordance with law but in the absence of real and genuine urgency, it may not be appropriate to deprive an aggrieved party of a fair and just opportunity of putting forth its objections for due consideration of the acquiring authority. ..... but then that is not the language of the section which in our opinion requires the appropriate government to further consider the need for dispensing with section 5a inquiry in spite of the existence of unforeseen emergency. ..... as an extraordinary power has been conferred upon the appropriate government in terms whereof the normal procedure laid down under section 5a of the act could be dispensed with, the high court, in our opinion, should have entered into the merit of the matter. ..... it requires an opinion to be formed by the government concerned that along with the existence of such urgency or unforeseen emergency there is also a need for dispensing with section 5a inquiry which indicates that the legislature intended the appropriate government to apply its mind before dispensing with section 5a inquiry. ..... :(2008) 1 scc 728; and city montessori school v. ..... :(2008) 12 scc 418.in union of india and ors. v. .....

Jayamma and Others Vs. the Deputy Commissioner, Hassan Dist., Hassan a ...

Court : Supreme Court of India

..... also clarified that the petitioners were free to initiate appropriate legal action in case there was still seepage. ..... in the instant case, the declaration under section 6 dated 15.10.2008 published on 23.10.2008 had already lapsed by the time the writ petitioners had approached ..... taken to complete the acquisition by passing the awards, it appears, the petitioners approached the high court under article 226 of the constitution of india in 2011 for a direction to compel the land acquisition collector to act as per the instruction issued by the government and to complete the acquisition proceedings. ..... court, under article 226 of the constitution of india, can compel the state to complete the acquisition proceedings initiated under section 4(1) of the land acquisition act (for short the act), is one of the short questions arising for consideration in these cases. ..... seen as per annexure-p2 notification dated 27.10.2007, that the land acquisition collector had initiated proceedings under section 4(1) of the act for acquiring the lands of the petitioners and it was followed by section 6 declaration dated 15.10.2008 published on 23.10.2008. ..... the prayer is for direction to the land acquisition collector to act in terms of letter issued to the land acquisition collector by the secretary ..... that apart, under the scheme of the land acquisition act, the government is at liberty to withdraw from the acquisition of any land of which possession has not been taken at any stage prior to the passing .....

Jayamma and ors. Vs. Dy.Commr.Hassan Dist.Hassan and ors.

Court : Supreme Court of India

..... also clarified that the petitioners were free to initiate appropriate legal action in case there was still seepage. ..... in the instant case, the declaration under section 6 dated 15.10.2008 published on 23.10.2008 had already lapsed by the time the writ petitioners had approached ..... taken to complete the acquisition by passing the awards, it appears, the petitioners approached the high court under article 226 of the constitution of india in 2011 for a direction to compel the land acquisition collector to act as per the instruction issued by the government and to complete the acquisition proceedings. ..... high court, under article 226 of the constitution of india, can compel the state to complete the acquisition proceedings initiated under section 4(1) of the land acquisition act (for short the act ), is one of the short questions arising for consideration in these cases. ..... seen as per annexure-p2 notification dated 27.10.2007, that the land acquisition collector had initiated proceedings under section 4(1) of the act for acquiring the lands of the petitioners and it was followed by section 6 declaration dated 15.10.2008 published on 23.10.2008. ..... the prayer is for direction to the land acquisition collector to act in terms of letter issued to the land acquisition collector by the secretary ..... that apart, under the scheme of the land acquisition act, the government is at liberty to withdraw from the acquisition of any land of which possession has not been taken at any stage prior to the passing .....

Houldsworth and Another (Respondents) Vs. Bridge Trustees Limited and ...

Court : UK Supreme Court

..... the event that a pension was granted without matched asset backing in the form of an insurance, the appropriate analysis would be that the benefits conferred by the scheme had become defined benefits, rather then money purchase ..... the home member state shall require every institution to have at all times sufficient and appropriate assets to cover the technical provisions in respect of the total range of pension schemes ..... a scheme which provided for a "pot" (to my mind an unhelpful term, since it suggests an appropriated mini-fund) of a member's total contributions together with annual interest thereon at (say) 3% compounded annually would be just as much "calculated ..... the investment funds mentioned in para 12 above were separate appropriated funds, held for the purposes of moneymatch plus and supplementary contributions (together with vip ..... in the result, i am not persuaded that it is necessary or appropriate to read psa 1993 (or subsequent legislation) as embracing within the concept of money purchase benefit, to some undefined and unclear extent, liabilities not matched with any specific ..... not lightly to be concluded that parliament, when making the amendment, misunderstood the general scheme of the original legislation, with the effect of creating a palpable anomaly (see eg the principle that provisions in a later act in pari materia with an earlier may be used to aid the construction of the former, discussed in bennion on statutory interpretation, 5th ed (2008), section 234). .....

Ram Kishan and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

..... in case of land acquisition proceedings initiated under the la act, where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings ..... be further clarified that in none of the cases the period of five years would have elapsed pursuant to an award made under section 11 from the date of commencement of the act and that the benefit of section 24(2) will be available to those cases which are pending and where during pendency, the situation has remained unchanged with physical possession not being handed ..... principle laid down by this court in the case of pune municipal corporation and other cases referred to supra with regard to interpretation of section 24(2) of the act of 2013 are applicable with all fours to the fact situation on hand with respect to the land covered in this appeal and for granting relief as prayed ..... have come to this court questioning the correctness of the judgment and order dated 13.03.2008 passed by the high court of punjab and haryana at chandigarh in civil writ petition no.3823 of 2008, wherein the writ petition was dismissed on the ground that the same was not ..... judgment and order dated 13.03.2008 dismissed the writ petition ..... of punjab and haryana vide civil writ petition no.3823 of 2008. .....

M/S Magnum Promoters P.Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... sub-section (1), in case of land acquisition proceedings initiated under the la act, where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land ..... 3 and 4 with a malafide intention not only to defeat the statutory right of the appellant-land owner accrued in its favour under the provision of section 24(2) of the act of 2013, but it is a clear case of misrepresentation of facts to this court with an oblique motive to deprive the valuable constitutional right of the appellant to the land involved ..... the writ petitions were heard together by the high court and passed its judgment and order dated 16.05.2008 by dismissing the writ petitions holding that the acquisition of land by the nct, delhi is legal and valid and did not suffer from any ..... owner has come to this court questioning the correctness of the judgment and order dated 16.05.2008 passed by the high court of delhi in w.p. ..... taken over possession of the land as stated at paragraph 10 of the response affidavit is false and it amounts to contempt of this court committed by them, as they have wilfully disobeyed the interim order of this court dated 04.08.2008. ..... the possession of land of the appellant was passed by this court on 04.08.2008. .....