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The District Collector Vs. Alikoya

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. .....

Tata Steel Limited and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(3)JCR365(Jhr)]

..... for by the writ petitioners are as under:(i) that in paragraph-1 of the writ petition, the following prayer may be added:(f) for issuance of an appropriate writ for a declaration that jharkhand value added tax, 2005 as amended by jharkhand value added tax (amendment) act, 2008 is violative of article 301 of the constitution of india as the said act is not compensatory in character and also is not saved by article 304 of the constitution as the said legislation is discriminatory in character and also has ..... (h) for issuance of an appropriate writ for a further declaration that the jharkhand value added tax (amendment) act, 2008 cannot be implemented or enforced in the absence of any notification issued under sub-section (7) of section 11 of the jharkhand value added tax (amendment) act. ..... (g) for issuance of an appropriate writ for a further declaration that the jharkhand value added tax (amendment) act, 2008 cannot be given retrospective effect from 1st april, 2006. ..... 48 dated 29.3.2008 creating jharkhand trade development fund, wherein in part 2 it haw been specified that proceeds of entry tax levied and collected under section 11 of the act shall be appropriated into the fund.33. .....

Sudhirbhai Nagindas Doshi Vs. State Bank of India

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. .....

Navnath Kanha Naik and ors. Vs. United Breweries Ltd. and anr.

Court : Mumbai

Reported in : [2008(119)FLR890]; (2009)IILLJ558Bom

..... close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner:provided that nothing in this ..... the bks, the union representing the petitioners and other workmen employed in the nerul plant filed an application under section 25o(5) before the appropriate government on april 17, 2008 seeking a review or a reference of the application for closure to the tribunal. ..... an application was filed on january 3, 2008 by the respondent company under section 25o(1) of the act before the appropriate government for permission to close down its nerul plant ..... that as it may, the application which was considered by the appropriate government in its order dated april 2, 2008 was the application for permission to close down the undertaking dated february 4, 2008. ..... proceeding in the matter, in my opinion, it would be appropriate to set out the provisions of section 25o of the act.13. ..... to the respondents these extension applications have been made as directed by the commisioner of labour who was unable to decide their original application filed on january 3, 2008 within 60 days as required under the act. .....

Indian Oil Corporation Limited Vs. State of Haryana and anr.

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. .....

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... further, the argument that the challenge to the constitutional validity of the amendments made to sections 191 and 201 of the act by the finance act, 2008 is not maintainable in the absence of any facts which are pleaded and proved by evidence in the form of documents on record, is unsustainable. ..... income tax officer : [1961]41itr191(sc) , clearly establishes that the high court would have the power to issue an appropriate writ prohibiting an executive authority from acting without jurisdiction and where the action of an executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment the high court will issue appropriate orders or directions to prevent such con sequences.109. ..... in our opinion, the high court was right in coming to the conclusion that it is appropriate for the appellants to file a reply to the show cause notice and take whatever defence is open to them.while affirming the decision of the high court, we, therefore, grant ten weeks' time to the appellants to file a ..... in our opinion, the high court was right in coming to the conclusion that it is appropriate for the appellants to file a reply to the show cause notice and take whatever defence is open to them.while affirming the decision of the high court, we, therefore, grant ten weeks' time to the appellants to file a .....

Javed S/O Sheikh Mustaque Patel Vs. State of Maharashtra Through the P ...

Court : Mumbai

Reported in : 2009(3)BomCR719; 2009(4)BomLR1451; 2009(2)MhLj925; 2009(3)AllMR40

..... in order to appreciate the rival contentions it would be appropriate to quote the relevant sections namely sections 16 and 44(1)(e) of the act and the explanation to section 44. ..... since no finding has been rendered by the authorities regarding the period of construction, the impugned orders dated 27.5.2008 and 3.11.2008 are liable to be quashed and set aside and are hereby quashed and set aside and the petitioner is restored forthwith to the office of councillor of ward no. ..... the collector held that the construction was illegal and consequently by order dated 27.5.2008 disqualified the petitioner under section 44(1)(e) of the act placing reliance upon the judgment of this court in the case of edwin francis britto v. ..... since we have held that a councillor can not be disqualified for carrying out illegal construction prior to his tenure as a councillor in terms of section 44(1) of the act, the impugned orders dated 27.5.2008 and 3.11.2008 passed by the collector and the state government and the judgment and order dated 18.6.2008 passed by the learned single judge in writ petition no. ..... since the issue involved stands concluded in favour of the petitioner, the impugned orders dated 27.5.2008 and 23.10.2008 passed by both the authorities below are liable to be quashed and set aside and are accordingly quashed and set aside. .....

Dr. Dadasaheb S/O Popatrao Tarte Vs. the State of Maharashtra Through ...

Court : Mumbai

Reported in : 2009(111)BomLR3650

..... . if, after giving a reasonable opportunity of being heard to the genetic counselling centre, genetic laboratory or genetic clinic and having regard to the advice of the advisory committee, and appropriate authority is satisfied that there has been a breach of the provisions of this act or the rules, it may, without prejudice to any criminal action that it may take against such centre, laboratory or clinic, suspend its registration for such period as it may think fit or cancel its ..... dated 10/12/2007.c) it is further contended that the petitioner submitted an appeal under section 21 of the act before the state appropriate authority, pune which appeal was received on 25/02/2008, and was placed before the state advisory committee meeting held on 24/06/2008 wherein the order of cancellation was revised and the registration was suspended vide communication dated 12th august 2008 to the district appropriate authority and the same was communicated to the petitioner vide letter dated ..... 30th august 2008.d) it is further contended by the respondent that the petitioner has further submitted an appeal before the minister of health and family welfare, state of maharashtra dated 29/09/2008 which was kept before the advisory committee of which meeting was held on 23/03/ .....

Hm Treasury Vs. Ahmed and Others

Court : UK Supreme Court

..... was common ground that, given the intensity of judicial review that would be appropriate under part 6 of the 2008 act, this objection has been met by the fact that decisions of the treasury under the un terrorism orders are subject to its provisions: see section 63(1)(a) of the 2008 act. ..... objection that the designated person had no access to an effective judicial remedy had been met by part 6 of the counter-terrorism act 2008, which introduced a scheme for subjecting financial restrictions decisions of the treasury under the un terrorism orders and orders made under part 2 of the 2001 act to proceedings for judicial review. 60. ..... was followed by the prevention of terrorism act 2005, which received the royal assent on 11 march 2005, the terrorism act 2006 which received the royal assent on 30 march 2006 and the counter-terrorism act 2008 which received the royal assent on 26 november 2008. ..... the procedures in the counter-terrorism act 2008 would apply to any challenges to these fresh ..... the counter-terrorism act 2008 now makes express provision covering both ..... of judicial review under part 6 of the counter-terrorism act 2008 is, of course, a palliative. ..... council envisages that its other resolutions relating to terrorist acts will have a limited life before being reconsidered and renewed, if appropriate. ..... the opportunity to seek judicial review under part 6 of the 2008 act is not available in the case of persons such as g who are subject to the aqo only because they have been listed by the .....

M/S. Reliance Industries Ltd. Vs. State of Orissa and ors.

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. .....