Court : Kerala
..... 28 of 2008 as is evident from ext.p2 data bank prepared by the appropriate authority under act no.28 of 2008, which aspect is also not disputed by the respondent specifically in the counter affidavit.12. ..... if the land is not included in the data bank or draft data bank prepared under the kerala cultivation of paddy land and wetland act, 2008 and if it is not a "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 (sic act 28) of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order, 1967 will be applicable to such land and the collector as defined in clause 2(a) of k.l.u. ..... in its counter affidavit, i have gone through the same and found that the respondent has not disputed the contention put forth by the petitioners that the property was developed prior to the introduction of act no.28 of 2008 by the state government, but contended that even if the land was converted so, no permission was sought for conversion of the same and therefore the municipality had no obligation to grant permit to the petitioners ..... jalaja dileep' [ 2015 (1) klt984(sc)], in order to canvass for the proposition that the properties which are already developed and converted as dry land prior to the introduction of act no.28 of 2008 does not suffer from any disqualification for carrying out construction activities as prohibited under act no.28 of 2008. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2009Guj38
..... the petitioner herein has filed this petition seeking the following relief:be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to act and abide by letter dated 21-4-2008, by which it was communicated to the present petitioner that the respondent-bank has decided to accept the payment of rs. ..... not only that vide communication dated 21-4-2008, which is annexed at annexure 'a', page 17 of the petition, the respondent bank has decided to accept payment of rs. ..... this court on 3rd july 2008 has issued notice and granted ad interim relief.4. .....
Tag this Judgment!Court : Supreme Court of India
..... for the period commencing from 1st may, 2008 and it was the only legal option and having that excess amount being ..... it will be appropriate to quote the order dated 21st april, 2008 ad infra: e 931/07 21.04.08 rent control tribunal delhi arguments heard u/s 15(1) of drc act. ..... appellants as it revealed from the order dated 21st april, 2008, but as we are examining the question regarding striking of defence because of non compliance of the order passed by the rent controller in exercise of his power under section 15(1) of act, 1958, the arrear in terms of order dated 21st april, 2008 was to be paid from november, 2007 to april, 2008 and additional rent of ten months paid on 21st april, 2008 was indeed to be adjusted by the respondents towards future rent ..... it will be appropriate to notice section 13(5) of act, 1952 and section 15(7) of act, 1958, which are as under: the delhi and ajmer rent control act, 1952 13 protection of a tenant against eviction (5) if the tenant contests the suit as regards the claim for ejectment, the plaintiff landlord may make an application at any stage of the suit for an order on the tenant defendant to .....
Tag this Judgment!Court : Kerala
..... in the result, these appeals are allowed setting aside the judgment of the learned single judge, reserving liberty to the petitioners to approach the authorities under the 2008 act for appropriate orders. ..... this apparently, is a factual dispute, which has to be considered only by the appropriate authorities under the 2008 act. ..... if the property involved is a paddy land or wet land as per the data bank entries in the llmc, 2008 act applies and the village authorities will have no jurisdiction to pass any orders for change of entries in the basic tax register, unless the entries in data bank are corrected by llmc. ..... petitioners have a case that the properties were reclaimed long prior to the 2008 act coming into force and the property is planted with rubber trees, arecanuts and coconut trees. ..... in shahanas shukkoor (supra), the learned single judge of this court only held that description of an item of property as nilam (paddy field) or wet land in revenue records is insufficient for the purpose of the 2008 act and it has to be verified whether the land is actually paddy field or wet land. ..... it is inter alia contended that the property is a rubber estate and it is not paddy land as contemplated under the conservation of paddy land and wet land act, 2008 (hereinafter referred as the '2008 act'). ..... the definition of paddy land in the 2008 act, means land where paddy is cultivated and paddy land left fallow and suitable for paddy cultivation. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)21VST10(P& H)
..... provision for validation of tax already collected under the 2000 act, by treating the same to have been collected under the 2008 act, without ensuring appropriation of amount collected and already spent otherwise than by way of providing services to the payers and for the reasons for which the tax was held to be non-compensatory earlier, was liable to be ..... -(1) the proceeds of the levy under this act shall be appropriated to the fund to be notified by the government and shall be utilised exclusively for the development or facilitating the trade, commerce and industry in the state which shall include the following:(a) construction, development and ..... declaration to the effect that the haryana tax on entry of goods into local areas act, 2008 (hereinafter referred to as, 'the 2008 act') is unconstitutional and void.2. ..... on april 16, 2008, the state of haryana repealed the 2000 act and enacted the haryana tax on entry of goods into local areas act, 2008, impugned in the ..... this petition and declare the provisions of the haryana tax on entry of goods into local areas act, 2008 to be unconstitutional and void. ..... on behalf of the petitioner is that the 2008 act is in substance re-enactment of the 2000 act and suffers from the same vice as its predecessor ..... appearing on behalf of the state opposed the submission on behalf of the petitioners and submitted that the 2008 act had remedied the defects pointed out in the judgment of this court and the levy under the new act was compensatory in nature. .....
Tag this Judgment!Court : Orissa
..... matter to industrial tribunal has been treated to be a review petition and the same has been rejected illegally.the learned advocate general appearing on behalf of the state submitted that in terms of section 25-o of the industrial disputes act, 1947, against an order of refusal for grant of permission to close the industry, the petitioner can either seek for a review or pray for referring the matter for adjudication by industrial tribunal. ..... the said application having not been disposed of by the appropriate government, a writ application was filed before this court by the president of the petitioner-industry for quashing the order dated 26.12.2008 in annexure-9 refusing permission to close the industry and also for a direction to the government to make a reference of the matter to the industrial tribunal, bhubaneswar for adjudication. ..... under sub-section (4) of section 25-o of the act, an order of the appropriate government granting or refusing to grant permission shall subject to the provision contained in sub-section (5) of the said section is final and binding on all the parties and shall remain in force for one year from the ..... as it appears from the averments made in the writ application, the petitioner had submitted an application under sub-section (4) of section 25-o of the industrial disputes act, 1947 for permission of intended closure of the petitioner-industry with effect from 6.2.2009 on the grounds mentioned in the petition. .....
Tag this Judgment!Court : Madhya Pradesh
..... counsel for the applicant/complainant has submitted that the trial court did not impose any civil liability upon the applicant/accused and the calculation done of the civil liability was not appropriate, as it was done under section 126 of the act, -:- 4 -:- criminal revision no.528/2008 criminal revision no.535/2009 whereas it was to be done under section 154 (5) of the act and therefore, it is prayed that the sentence may be enhanced.10. ..... --------------------------------------------------------------------------- order (passed on the 22nd day of march, 2013) these two revision applications were filed against the common judgment dated 21.1.2008 passed by the learned special judge under electricity act (hereinafter it -:- 2 -:- criminal revision no.528/2008 criminal revision no.535/2009 will be referred to as 'the act'), sagar in criminal case no.13/2007 and therefore, decided by a common order.2. ..... the learned first special judge under the act, sagar vide judgment dated 21.1.2008, convicted the applicant of criminal revision no.535/2009 (hereinafter he will be referred to as 'applicant/accused') for offence punishable under section 135 of the act and a fine of rs.3,500/- was imposed upon him. ..... according to the provision of section 126 of the act, the board has still the authority to recover the loss of electrical energy from the -:- 6 -:- criminal revision no.528/2008 criminal revision no.535/2009 accused and therefore, it makes no difference to the board. .....
Tag this Judgment!Court : Madhya Pradesh
..... counsel for the applicant/complainant has submitted that the trial court did not impose any civil liability upon the applicant/accused and the calculation done of the civil liability was not appropriate, as it was done under section 126 of the act, -:- 4 -:- criminal revision no.528/2008 criminal revision no.535/2009 whereas it was to be done under section 154 (5) of the act and therefore, it is prayed that the sentence may be enhanced.10. ..... --------------------------------------------------------------------------- order (passed on the 22nd day of march, 2013) these two revision applications were filed against the common judgment dated 21.1.2008 passed by the learned special judge under electricity act (hereinafter it -:- 2 -:- criminal revision no.528/2008 criminal revision no.535/2009 will be referred to as 'the act'), sagar in criminal case no.13/2007 and therefore, decided by a common order.2. ..... the learned first special judge under the act, sagar vide judgment dated 21.1.2008, convicted the applicant of criminal revision no.535/2009 (hereinafter he will be referred to as 'applicant/accused') for offence punishable under section 135 of the act and a fine of rs.3,500/- was imposed upon him. ..... according to the provision of section 126 of the act, the board has still the authority to recover the loss of electrical energy from the -:- 6 -:- criminal revision no.528/2008 criminal revision no.535/2009 accused and therefore, it makes no difference to the board. .....
Tag this Judgment!Court : Karnataka
..... the representation made by the impleaded respondents objecting to the denotification was also ordered to be considered and in that direction, it is contended that the impugned endorsement dated 15.12.2008 is a result of such consideration since the respondents also had produced sufficient material to indicate that the notification was justified the said respondents have also referred to the government ..... temporary measure to protect the properties of the mutt and further aggrieved by the notification dated 30.04.2003 whereby the mutt has been notified under section 23 of the act 1997, those aspects were required to be considered appropriately by the statutory respondents while issuing the reply dated 15.12.2008. ..... was the only issue, a reconsideration by the authority who issued the impugned communication dated 15.12.2008 or by the rajya dharmika parishad as provided under section 20-a of the act 1997 to consider the contention of the interested parties and make recommendation as contemplated under ..... view, if an appropriate consideration is ordered by the same authority or the rajya dharmika pari shad after quashing the reply dated 15.12.2008, the contentions of the ..... 08.02.2008 (annexure-l to the petition), addressed by the commissioner, religious endowments to the secretary to the government, fie venue department (endowments), it is contended by the learned senior counsel for the petitioner that the proposal put forth by the commissioner should have been considered appropriately. .....
Tag this Judgment!Court : Delhi
..... on 1st april, 2010 and though under the school act and rules there was no express prohibition against establishing a school without seeking approval/recognition therefor from the directorate of education, gnctd (and owing to which this court had to adjudicate this aspect vide judgment dated 8th february, 2008), section 18 of the rte act prohibits a school other than a school established, owned or controlled by the appropriate government or the local authority from being established ..... it would therefore be seen that though the judgment dated 8th february, 2008 of this court directed the survey to be conducted and an opportunity for obtaining recognition to be given and closure of the schools remaining unrecognized but because of the statutory intervention vide section 19(2) of the rte act, the schools were granted a period of three years to obtain recognition and which period of three years expired on 31 st march, 2013.17. ..... this court, in judgment dated 8th february, 2008 in this petition, has held, (i) that the school act empowered the administrator, delhi to regulate education in all the schools in delhi; thus the operation of the school act is not limited to recognized schools only; (ii) that a new school can be established only with the permission of the administrator and subject to the fulfilment of the requirements stipulated in the school act and the rules framed thereunder; and, (iii) that .....
Tag this Judgment!