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 : Karnataka
..... application to the facts of the case as rightly pointed out by the learned senior counsel for the respondent that in the said case, juvenile justice (cadre and protection of children) act, 2000 section 49 and section 7a and other provisions of the said act has been dealt, wherein the hon ble supreme court has no occasion to deliberate the provisions of the karnataka scheduled castes and scheduled tries and other backward classes (reservation ..... were taken up together and disposed of by an order dated 18-09-2013 keeping all the issues open and permitting challenge to be laid in an appropriately brought up election petition and also reserving to the petitioners to urge all their grounds and contentions in the election petition. ..... , dates and link in the chain of events are a matter of record, it would require a little amplification and are therefore, require reiteration, but before embarking upon consideration of respective submissions, i deem it appropriate to notice the genesis of budaga jangama caste, to be a scheduled caste, and its declaration on the nation becoming a republic. ..... after hearing the arguments and perusing the records this committee feels that it would be appropriate to refer to the provisions of the karnataka scheduled castes, scheduled tribes and other backward classes (reservation ..... of the writ petition in terms of its order dated 12-09-2008 reserving liberty to the petitioner to question the correctness before the appropriate authority under section 3(b) of the act. .....
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 : Delhi
..... 1983) 2 scc8to contend that in terms of section 21 of the limitation act the date of filing of suit would be cs(os) 1096/2008 page 3 of 13 the appropriate date for consideration of the limitation.6. ..... where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: cs(os) 1096/2008 page 9 of 13 provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff ..... a cause of action is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, the material facts are cs(os) 1096/2008 page 12 of 13 are in relied on the pleadings required to be stated but not the evidence except in certain cases where to misrepresentation, fraud, wilful default, undue ..... of the limitation act would have to be gone into by the court at the appropriate stage.20. ..... of proviso to section 21 of the act where the court is satisfied that the omission to include a new defendant was due to mistake and in good faith the suit will be deemed to be instituted on an earlier date cs(os) 1096/2008 page 10 of 13 with regard to ..... documents which is filed under section 31 of the specific relief act, 1963 is governed by cs(os) 1096/2008 page 8 of 13 article 59 of the limitation act, 1963 i.e. ..... /2008 page 7 of 13 section 3(1) of the limitation act .....
Tag this Judgment!Court : Chennai
..... writ petition challenging an order passed by the first respondent, assessing officer, under section 271f of the income tax act, 1961, (act), levying penalty of rs.5,000/- for non-filing of the returns at the appropriate time for the assessment years 2008-09 to 2014-15. 3. ..... with penalty for failure to furnish the return of income, it states that if a person, who is required to furnish the return of his income, as required under section 139(1) of the act or by the provisos to that section, fails to furnish such return before the end of the relevant assessment year, the assessing officer may direct that such person shall pay, by way of ..... pertaining to the penalty in proceedings, dated 27.06.2016 in pan no.aiqpj9025n with the notice of demand dated 27.06.2016, in pan no:bbhpm6439 passed by the first respondent against the petitioner for ays 2008-09 to 2014-15 on the file of the assistant commissioner of income tax, central circle-i, coimbatore and quash the same.) 1. ..... , a request was made by him under the rti act and he has also preferred an appeal to the central ..... it is further submitted that in terms of section 132(8) of the act, the documents cannot be retained for more than a month and the petitioner had been put to lot of struggle, before she/her ..... it is further submitted that section 275 of the act imposes the time period for imposing penalties and the petitioner's case falls under section 275(1)(c), as it has to be completed by the end of the financial year in which the proceedings, .....
Tag this Judgment!Court : Karnataka
..... this court by order dated 14.1.2008 directed the petitioners to approach the controlling authority under the payment of gratuity act, 1972 (for short 'the act') for appropriate reliefs. 3. ..... (prayer: this writ appeal is filed under section 4 of the high courts act, praying to set aside the impugned order in w.p.no.104050/2014 dated 24.7.2014 passed by the learned single judge of this hon'ble court, etc.) 1. ..... of arguments that the custodian herein could also be treated 'employer' and made liable to make payment, in the absence of a dispute that the liability in respect of the gratuity accrued prior to the appointed date, section 3(7) of the act will still apply. ..... the expression 'employer' has been defined under sub- section (f) of section 2 of the payment of gratuity act, 1972. .....
Tag this Judgment!Court : Karnataka Dharwad
..... this court by order dated 14.1.2008 directed the petitioners to approach the controlling authority under the payment of gratuity act, 1972 (for short the act ) for appropriate reliefs.3. ..... 3 this writ appeal is filed under section 4 of the high courts act, praying to set aside the impugned order in w.p.no.104050/2014 dated 24.7.2014 passed by the learned single judge of this hon ble court, etc. ..... appellate authority u/payment of gratuity act and regional labour commissioner, central, shramsadan, 3rd cross, 3rd main, 2nd phase, tumkur road, yeshwanthpur, bengaluru. ..... of arguments that the custodian herein could also be treated employer and made liable to make payment, in the absence of a dispute that the liability in respect of the gratuity accrued prior to the appointed date, section 3(7) of the act will still apply. ..... controlling authority, u/payment of gratuity act and asst. ..... the expression employer has been defined under sub- section (f) of section 2 of the payment of gratuity act, 1972. .....
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 : 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 : 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!