Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... : (1975)illj399sc ; maneka gandhi v. union of india : [1978]2scr621 ; the manager, government branch press and anr. v. d.b. felliappa : (1979)illj156sc ; managing director, uttar pradesh warehousing corporation and anr. v. vinay narayan vajpayee : (1980)illj222sc ; a.l. kalra v. the project & equipment corporation of india limited : (1984)iillj186sc ; workmen of hindustan steel ltd ..... 6scr784 does not involve of the doctrine of reading down so as to cut down the scope of fundamental right. similarly jagdish pandey v. chancellor of the bihar [1969] 1 scr 231 also does not concern with application of doctrine of reading down so as to sacrifice the principle of natural justice which are ..... down the scope of a fundamental right. he also drew our attention to the decision of this court in jagdish pandey v. the chancellor, university of bihar (supra) which did not involve reading down so as to sacrifice the principle of natural justice which are considered an essential part of the rule of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1990)92BOMLR1; (1990)1GLR209; JT1989(4)SC74; 1989(2)SCALE780; (1989)4SCC612; [1989]Supp1SCR380
..... of the benefit of the mandatory statutory provision. in the case of smt. kamala devi budhia(supra), the question arose as to whether an application under section 12 of the bihar buildings (lease, rent and eviction) control act was competent or in the circumstances of the case only a suit under section 11 thereof could be filed. it was pointed out .....
Tag this Judgment!Court : US Supreme Court
County of Allegheny v. ACLU - 492 U.S. 573 (1989) U.S. Supreme Court County of Allegheny v. ACLU, 492 U.S. 573 (1989) County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter No. 87-2050 Argued February 22, 1989 Decided July 3, 1989 * 492 U.S. 573 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus This litigation concerns the constitutionality of two recurring holiday displays located on public property in downtown Pittsburgh. The first, a creche depicting the Christian nativity scene, was placed on the Grand Staircase of the Allegheny County Courthouse, which is the "main," "most beautiful," and "most public" part of the courthouse. The creche was donated by the Holy Name Society, a Roman Catholic group, and bore a sign to that effect. Its manger had at its crest an angel bearing a banner proclaiming "Gloria in Excelsis Deo," meaning "Glory to God in the Highest." The second of the holiday displays in question was an ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC2414; (1987)3CompLJ133(SC); JT1987(4)SC35; 1987(2)SCALE715; (1988)1SCC86; [1988]1SCR383
Jagannatha Shetty, J. 1. This appeal, with Special Leave, is against the order and judgment dated July 13, 1973, of the Railways Rates Tribunal Madras, in complaint filed by the appellant under Section 41(1) of the Indian Railways Act No. 9 of 1890. The background facts are these:2. The appellant is a Company. It has set up a fertilizer factory at Kota in Rajasthan. It is said to be an industrially backward area. The factory manufactures Urea for which the main raw material is Naptha. Naptha has to be transported from Koyali Refinery of Indian Oil Corporation. The nearest railway station is Bajuva near Baroda, The nearest railway station serving Company's factory is Dadhevi in Rajasthan. The distance between Bajuva and Dadhevi is about 520 kms. For transportation, the Naptha has been classified by the Railway under Clause 110-B of the tariff.3. Before the actual setting up of the factory, the Company, by its letter dated September 5, 1966 requested the Railway Board for a concessional ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1987AP171
..... hyderabad, from raising any structures or making any constructions or otherwise using the land referred to above for residential purposes. i also direct the state government of andhra pradesh, the hyderabad municipal corporation and the bhagyanagar urban development authority, hyderabad, to enforce the law as contained in the developmental plan in g. o. ms. no ..... of the hyderabad municipal corporation act, 1955 and more particularly s. 464 of that act which is now repealed and replaced by the provisions of the andhra pradesh urban areas (development) act, 1975 are of that nature. they provide in the interests of the general welfare of the community for the preparation and enforcement ..... laws. during these four centuries, the city had grown in all directions without any plan or design. particularly after the formation of the state of andhra pradesh and in the aftermath of the second world war, this city had started growing wildly and almost as an uncultivated jungle. for the first time, its .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)
..... england and india and to hold that it authorized the imposition of a tax only when there was a completed sale involving transfer of title. in that case the uttar pradesh sales tax act, 1948, had been amended so as to include forward contracts in the definition of 'sale' and to provide that forward contracts should be deemed ..... to note what the judicial committee of the privy council had to say in the case of raja bahadur kamkashya narain singh of ramgarh v. commissioner of income-tax, bihar and orissa (1943) 11 i.t.r. 513. about the payment of minimum royalty under a coal mining lease. the question in that case was whether the ..... a number of cases, these rights were spread over many years. some of the agreements were registered and the others unregistered. after the coining into force of the madhya pradesh abolition of proprietaryrights (estates, mahals, alienated lands) act, 1950, the government disclaimed the agreements and auctioned the rights afresh, acting under section 3 of the said act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H301
M.M. Punchhi, J.1. In Amrit Sagar Kashyap v. Chief Commr., U. T. Chandigarh, (1980) 82 Pun LR 441, a Division Bench of this Court (the judgment of which was prepared by me and concurred by D. S. Tewatia, J.) had the occasion to interpret S. 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short the Act) and in particular the meaning of the words 'resume' and 'resumption' occurring prominently therein. The view thus taken came to be doubted very often necessitating its re-examination by a Full Bench, on these two matters being referred to it, being Civil Writ Petitions Nos. 2830 of 1970 and 1149 of 1979, which await disposal at our end. Amusingly it has again fallen to my share to prepare the judgment, be it a case of reorientation or refurbishing the earlier view or one of substitution or reversal. A fresh look on the subject becomes essential uninhibited of the view taken by the Division Bench.2. A small legislative history would not be out of place. The town o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... may 1, 1981 and the second being july 20, 1981. respondent 1, president of india, respondent 3, chief justice of india and respondent 5, governor of uttar pradesh were subsequently dropped and their names from the array of respondents were deleted, this petition stood transferred to this court by the order dated may 1, 1981, and ..... difficult to hold that the transfer was an act of victimisation. one other contention raised in this case is that the chief ministers of tamil nadu and bihar had not been consulted in accordance with a memorandum issued by the government. the question whether there can be any memorandum supplementing the provisions of article 222 ..... union law minister had ascertained the views of the concerned chief ministers, namely, the chief minister of madras, the chief minister of kerala and the chief minister of bihar on 3rd, 4th and 6th january, 1981 respectively, in the matter of the proposed transfers; (10) that the effective decision on the impugned transfer was taken .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... , raj kishan v. tulsi dass , barham dutt v. peoples' co.-op. t.s. ltd. , indo-mercantile bank ltd- v. commissioner, quilon municipality, state of uttar pradesh v, vijay anand, southern roadways (p.)ltd v. p.m. veeraswami, mohammadabad municipality v. sri ram singhasan : air1970all561 , patel kashiram lavjibhai v. narottamdas bechardas.120. ..... fort william (calcutta) and other places subordinate thereto, while the act of 1781 authorized the making of regulations for the 'territorial acquisitions of bengal, bihar and orissa', that is, the dewanny kingdoms. although the regulating act clearly delimited the territorial extent of the legislative powers which were granted thereunder, it ..... this delegated capacity, the east india company derived its title to administer the revenue and civil affairs of these provinces, and established in bengal, bihar and orissa, civil and revenue adalats. the delegated capacity was a mere fiction. the real source of the east india company's authority to administer .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom93; (1980)82BOMLR76
..... 133(1) of the constitution.36. since we have merely followed the supreme court decisions, including j. k. cotton spinning and weaving mills co. ltd. v. state of uttar pradesh : (1961)illj540sc ; and the municipal corporation of the city of ahmedabad v. the state of gujarat : [1973]1scr1 , so far as all the points arising in ..... r. which sets out the rule of interpretation, was cited with approval by the supreme court in j. k. cotton spinning & weaving mills co. ltd. v. state of uttar pradesh, : (1961)illj540sc . in that case the supreme court further observed (at p. 1174 (1)).'in the interpretation of statutes the courts always presume that the legislature inserted ..... if the increase in the value of the remainder of the property exceeded the amount of loss sustained or expenses incurred by the owner. according to the andhra pradesh high court, no principle for determination of compensation was specified by the said section 387 (1) and, therefore, it contravened the provisions of article 31(2) .....
Tag this Judgment!