Court : Delhi
..... its statement of objects and reasons noted that the law commission has undertaken a comprehensive review of the code of criminal procedure in its 154th report and its recommendations have been found very appropriate, particularly those relating to provisions concerning arrest, custody and remand, procedure for summons and warrant-cases, compounding of offences, victimology, special protection in respect of women and inquiry and trial ..... cannot be read so widely, is evident from the statement of objects and reasons of the 2008 amendment act, which states specifically that the 154 th law commission report s recommendations on victimology were found to be appropriate for incorporation into the code through the amendment. ..... not intended to be solely determinative of the entitlement to exercise the rights of the victim, in the criminal trial/appeal, on his/her death, application of heydon s mischief rule, given that the object of the 2008 amendment act was to ensure the involvement of the victim, who has a presumably personal interest in the fair and efficient prosecution of the trial/appeal. ..... as well as the proviso to section 372 was eventually inserted into the code of criminal procedure through the code of criminal procedure (amendment) act, 2008 (act no.5 of 2009). ..... recommended retention of the private complainant s right of appeal used crl.a.1415/2012 page 13 the broader language of person aggrieved , while referring to the same set of concerns that triggered the 2008 amendment act. .....
Tag this Judgment!Court : Kerala
..... the petitioner hence has to approach the appropriate authority under the act of 2008, for removing the same from the data bank as had been laid down in adani infrastructure and developers ..... 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 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 klu order 1967 has ..... state of kerala - 2014 (4) klt200 subsequent to such a finding the petitioner could also approach the appropriate authority under the kerala land tax act for fresh assessment of the land, as directed to be utilised under the klu order, as has been held in kizhakkambalam grama panchayath ..... of 2014 6 under klu order 1967/ kerala conservation of paddy land and wetland act 2008 as the case may be for conversion of the land. ..... property is not a land, which could be included under the kerala conservation of paddy lands and wet lands act, 2008, since the same was converted long prior to 2008.5. ..... inspection and enquiry, it is understood that the above said property was converted before the commencement of act 28 of 2008 and the above said land was not suitable for paddy cultivation at the time of commencement of the act. .....
Tag this Judgment!Court : Kerala
..... wp(c) no.500/2010 directed the revenue divisional officer to consider the application and since ext.p4 application requesting for reclamation was submitted prior to the commencement of the kerala conservation of paddy land and wet land act, 2008 (hereinafter referred to as 2008 act), disposal of the application was on total non application of mind. ..... that reason itself, the learned single judge was not justified in observing that since ext.p4 application was given prior to 2008 act coming into force, revenue divisional officer had the power to issue appropriate orders.7. ..... as far as ext.p4 is concerned, it is an application submitted by the petitioner before the tahsildar prior to coming into force of the 2008 act, but the fact remains that tahsildar was not the competent authority to adjudicate the request for conversion under clause 6 of the kerala land utilization ..... it is an admitted position that after the 2008 act, coming into force, if the properties are included as paddy land in the data bank entries, remedy of the holder of the land is to object to the said entry, if one has a case that the said entry is incorrect ..... /15 -:4:- revenue commissioner (2010 (2) klt617, wherein, the division bench clearly observed that after the coming into force of the 2008 act, which is prospective in operation in respect of paddy land, the remedy of the owners/holders of land is to approach the local level monitoring committee and procedure has to be adopted under the provisions of the 2008 act.8. .....
Tag this Judgment!Court : Delhi
..... quashment of the public notice dated 23rd april, 2010 issued by the airports economic regulatory authority of india (for short, the authority') under the airports economic regulatory authority of india act, 2008 (for brevity, the 2008 act') on the foundation that such a determination could not have been made by the said authority without following the procedure postulated under section 13 of the ..... be levied and collected at the major airports such as delhi and mumbai is to be determined by the regulatory authority under clause (b) of sub-section (1) of section 13 of the 2008 act and not by the central government.the regulatory authority constituted under the 2008 act has already issued a public notice dated 23.04.2010 permitting dial to continue to levy the development fees at the rate of rs.200/- per departing domestic passenger and at the rate of ..... , learned senior counsel appearing for the petitioners in both the writ petitions have contended as follows:- (i) the passing of an ad-hoc order is not within the purview of the act, if the stipulations in section 13 of the 2008 act are studiedly scrutinized inasmuch as where certain guidelines have been incorporated for determination of the functions of the authority and the primary function is based on the development fee. ..... and collect development fees at the major airport at mumbai and cannot do so in future until the regulatory authority passes an appropriate order under section 22a of the 1994 act as amended by the 2008 act. 7. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school belonging to specified category; and (iv) an ..... are functioning since 2008 without any recognition from the state government which is appropriate government under 2009 act. ..... thus, after the commencement of the 2009 act, the private management intending to establish the school has to make an application to the appropriate authority and till the certificate is granted by ..... also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition .....
Tag this Judgment!Court : Mumbai
..... only the learned arbitrator did not decide the application dated 17th april, 2006 and the application dated 14th february, 2008 made by the petitioner requesting the learned arbitrator to follow the procedure under the provisions of the arbitration act, 1996 and fix early hearing, the learned arbitrator did not hold any meeting after passing of the order dated ..... record indicates that though the petitioner had filed an application on 17th april, 2006 before the learned arbitrator to follow the procedure under the provisions of the arbitration act, 1996 and to fix the time bound schedule to compete the entire proceedings, the learned arbitrator did not issue any directions to the parties to file the statement ..... or agreement between the parties that after the learned arbitrator had taken a decision in the meeting held on 27th march 2008 not to decide the issue of flat, how the learned arbitrator could decide the said issue without consent of both ..... 27th march,2008, which was passed without rendering any hearing to any of the parties, the learned arbitrator though rejected the allegations of bias made by the petitioner against him in the said order, the learned arbitrator did not decide the applications dated 17th april, 2006 and 14th february, 2008, requesting the learned arbitrator to decide and follow appropriate procedure under ..... to agree on the procedure to be followed by the arbitral tribunal, the arbitral tribunal may conduct the proceedings in the manner it considers appropriate. .....
Tag this Judgment!Court : Andhra Pradesh
..... to the petitioners, the entire action including the letter of the then deputy chief minister and the letter of the higher education department dated 28-10-2013 are beyond the provisions of the act xviii of 2008 and they cannot interfere with the decision of the governing council of the university and therefore, the consequent steps taken by the university are liable to be declared as null and void ..... further, it is for the governing council to take appropriate decision in the best interests of the university with the powers vested in it as per the act xviii of 2008 and it is not open for the petitioners to question the power and authority of the governing ..... following are the irregularities which have been allegedly noticed by the sub committee: i) as per section 3(1) of the act xviii of 2008, the institutes have autonomous status for teaching and research in it and related areas under the control of common governing ..... 1 to 3-rgukt (university) filed counter affidavit contending, inter alia, as follows: (a) it is submitted that the governing council is the apex/ultimate body for the governance of the constituent institutions established under the act xviii of 2008 and is responsible for general superintendence, accreditation and direction of policies to the constituent institutions. ..... the governing council has not acted in accordance with the powers vested in it under the act xviii of 2008 and it was carried out by the directives of the state government, which is illegal and contrary .....
Tag this Judgment!Court : Delhi
..... the writ petition has been filed impugning the order dated 28 th may, 2008 of the "appropriate government" within the meaning of the industrial disputes act, 1947 referring the dispute raised by the respondent no.2 workman for adjudication to the industrial adjudicator. 3. ..... though notice of the writ petition was issued but the application for stay of proceedings before the industrial adjudicator was dismissed as not pressed on 22nd august, 2008. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school belonging to specified category; and (iv) an ..... are functioning since 2008 without any recognition from the state government which is appropriate government under 2009 act. ..... thus, after the commencement of the 2009 act, the private management intending to establish the school has to make an application to the appropriate authority and till the certificate is granted by ..... also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition .....
Tag this Judgment!Court : Kerala
..... in view of the above, the counsel seeks the issue of appropriate directions quashing ext.p4. w. ..... petitioners rely upon ext.p5 to contend that the property has not been included in the data bank prepared under act 28 of 2008. ..... 29706 of 2013 (k) ---------------------------- appendix petitioner(s)' exhibits ------------------------------------- ext.p1 : copy of the partition deed no.2336/2008, dtd.2.7.2008. .....
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