Court : Allahabad
..... can be no question that price fixation is ordinarily a legislative activity. price-fixation may occasionally assume an administrative or quasi-judicial character when it relates to acquisition or requisition of goods or property from individuals and it becomes necessary to fix the price separately in relation to such individuals. such situations may arise when ..... namely, "excluding quasi- judicial and quasi-legislative executive functions of the union.," following amritlal's case, it was held that the union's functions under the land acquisition act could be validly entrusted to the state govt. 18.19 in considering art. 258 (1), shah j. said that it was necessary to remove a misconception. ..... the authorities have to pass the test of reasonableness and action should not lack bonafide and made a colourable exercise of power. in air 1991 sc 1902: bangalore medical trust vs. b.s. muddappa and others, it is held by hon'ble supreme court that where statutes are silent and only power is conferred .....
Tag this Judgment!Court : Allahabad
..... which legislature of the country has expressed its intention and are bound by the mandate of legislature. 179. in air 1980 supreme court 1468 consolidated coffee ltd. vs. coffee board, bangalore, hon'ble supreme court held that an agreement should be construed based on trade practice, to quote relevant portion:. "in fact the construction which we are inclined to accept would ..... word 'deemed' is used to put beyond doubt a particular construction that might otherwise be uncertain. 72. in air 1980 sc 1468 consolidated coffee ltd. and another vs. coffee board, bangalore, their lordships held that a deeming provision might be made to include what is obvious or what is uncertain or to impose, for the purpose of a statute, an artificial .....
Tag this Judgment!Court : Allahabad
..... delhis extended urban sprawl.) in the judgment of the supreme court reported in bondu ramaswamy vs. bangalore development authority, 2010 (7) scc 129, (in para-151), three types of public purposes for land acquisition have been mentioned. the purposes at serial no.(i) may be described as core, primary public purpose ..... the three judges bench judgment in the case of bondu ramaswamy and ors. vs. bangalore development authority and others as noticed above, the apex court has clearly opined that giving participation of the land owners in the acquisition proceedings in cases for economic, industrial growth is only solution to compensate the land ..... judges bench recently had occasion to consider all aspects of land acquisition and the consequences which take place due to acquisition of land in (2010) 7 supreme court cases 129 bondu ramaswamy and ors. vs. bangalore development authority and ors. in the said case acquisition of land by banglore development authority for planned development was .....
Tag this Judgment!Court : Allahabad
..... supersede statutory rules. 25. in union of india vs. hansoli devi and others (2002) 7 scc 273 a constitution bench clarified section 28-a of the land acquisition act, 1894 in holding that the dismissal of an application seeking reference under section 18 on the ground of delay would tantamount to not filing an application within the ..... meaning of section 28-a of the land acquisition act, 1894. the supreme court in para-9 clarified the legal position in respect of the powers of the court to interpret the legal position as follows:- "9 ..... of an application seeking reference under section 18 on the ground of delay would tantamount to not filing an application within the meaning of section 28-a of the land acquisition act, 1894." 28. without amending the act, the legislature sought to overreach the decision in satish kumar by adding section 13 (5) to the rules of .....
Tag this Judgment!Court : Allahabad
..... destructive analysis". 87. the observation of denning l. j. was seriously criticized by house of lords but hon'ble supreme court in a case reported in 1977(4)scc 193 bangalore water supply versus a. rajappa had approved the rule of construction as stated by denning, l. j. while dealing with the definition of industry under the industrial disputes act, 1947 .....
Tag this Judgment!Court : Allahabad
1. We have heard Shri Samir Sharma for the UP State Road Transport Corporation- the respondent-appellant. Shri M.K. Sharma appears for the petitioner-respondent. 2. This intra court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, arises out of a judgement of learned Single Judge dated 21.3.2001 allowing the writ petition filed by Shri Sudhir Nigam- a Boiler Attendant at the Regional workshop of the Corporation at Bareilly, setting aside the order dated 29.6.1999 passed by Service Manager, Bareilly Region, Bareilly terminating his services, after a departmental enquiry. 3. Brief facts giving rise to the writ petition are that the petitioner was appointed as Boiler Attendant Fitter in the Regional Workshop at Bareilly (Tyre Plant of the Corporation) on 29.4.1986. He was transferred on 18.4.1992 from Bareilly to Gola Depot. The petitioner challenged the order. The High Court stayed the transfer order on 1.5.1995, subject to decision of his representation. His rep...
Tag this Judgment!Court : Allahabad
..... . the aforesaid proposition seems to be supported by apex court judgment relied upon by the respondent reported in 2001 (132) e.l.t. 525 (s.c.): collector of central excise, bangalore v. tetragon chemie p. ltd. (supra), whereby, the tribunal's judgment was affirmed by hon'ble supreme court. their lordships while dismissing the appeal of customs department, affirming tetragon chemie ..... . 292 (bom.): union of india. v. auto ignation ltd.; 1999 (30) rlt 366 (cegat-larger bench): tetragon chemie (p) ltd. & ors. v. cce, bangalore & others; 2001 (132) e.l.t. 525 (s.c.): collector of central excise, bangalore. v. tetragon chemie p. ltd.: 2001 (132) e.l.t. 526 (s.c.): union of india. v. madanlal steel industries ltd.; 2005 (181) e .....
Tag this Judgment!Court : Allahabad
..... adjustments are to be made with respect to the share of different parties, the affected party may be compensated by allotting the requisite land from the area which is under acquisition of the government of india.(v) the land which is available with the government of india acquired under ayodhya act 1993 for providing it to the parties who are successful .....
Tag this Judgment!Court : Allahabad
..... mandatory requirement that it must precede before the issuance of the notification under s.4."27. shri rai submits that it is not necessary for the acquisition to be acquisition for the company only, if the company was not in existence when the project was conceived. in the present case the company was in existence ..... is not new. a similar design has been used in the course of implementation of the bangalore-mysore corridor as well as for development of pondicherry port.62. shri sinha has urged the following arguments in support of the acquisition of land for development:-"the project concept being a public purpose, award of contract, its terms ..... mysore, for which there were several interchanges in and around the periphery of the city of bangalore, together with numerous developmental infrastructure activities along with the highway at several points. as an integrated project, it many require the acquisition and transfer of lands even away from the main alignment of the road."55. shri shashi .....
Tag this Judgment!Court : Allahabad
..... of west bengal v. kesoram industries ltd : air 2000 sc 109 mathuram agarwal v. state of m.p. : (1999)7 scc 106 mysore minerals limited m.g. road, bangalore v. cit, karnataka, bangalore.84. it is no longer res integra that while interpreting statutory provisions, each and every word of the act, every section and every chapter should be taken into account .....
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