Judgment Search Results Home > Cases Phrase: bombay aerial ropeways act 1955 maharashtra section 28 review of orders under section 10 or 21 Court: karnataka Page 1 of about 299 results (0.104 seconds)

Shree Renuka Sugars Limited Vs. Union of India Ministry of Consumer Af ...

Court : Karnataka

..... under sugarcane (control) (amendment) order 2006.setting up an illegal construction of the sugar factory, without obtaining the iem in violation of clause 6a of sugarcane (control) (amendment) order 2006 and in violation of order made under sec.3 of essential commodities act, 1955.it amounts an offence u/s 7, 8, 9 and 10 of the essential commodities act, 1955.the authorized officer ought to have initiated criminal proceedings u/s 10a and 11 of ec act, 1955.it is nothing but defeating the very purpose of the act ..... sahu and others reported in (1999) 6 supreme court cases 464 dealing with judicial review on administrative action, which is illegal in contravention of the prescribed procedure, unreasonable or irrational or malafide results in bad governments and sets bad example and the court can interfere in such cases, held at para 59 as under:- para 59: when we keep in view the principles laid by this court in ..... addressed by survey of india to shivashakti sugars limited which reads as under:- the approximate aerial distances between the existing and proposed sugar factories mentioned in your letter ..... into a multi-state co-operative society under the karnataka multi state co-operative societies act, 2002, by extending its area of operation to more than one state (karnataka and maharashtra) earlier, they were having crushing capacity ..... bombay city, 1954 26 itr 151: (air 1955 bom 13) and on its basis, concluded that the proper meaning to be assigned to the expression set up in section .....

Bharath Gold Mines Ltd. by Its Managing Director Vs. the Industrial Cr ...

Court : Karnataka

Reported in : 2009(6)AIRKarR477

..... was challenged in several writ petitions before this court and a learned single judge by a common order dated 16.3.2001 allowed the writ petitions and quashed the order dated 12.6.2000, passed by bifr, and order dated 15.11.2000 passed by aaifr and order dated 29.1.2001, passed by government of india under section 25(o) of the industrial disputes act, permitting the closure of bgml, with a further direction to bifr to re-consider the claim made by employees' unions and to find ways and means ..... 1979 sc 734 it is stated that a condition precedent to make up a winding up order under section 392 is that the compromise or arrangement cannot be worked out satisfactorily with or without modifications, it is only where the court has specified that the scheme cannot be worked out satisfactorily that the court must close the chapter by ordering winding up vide d.s. ..... : (1990)3 scc 223, the constitution bench of the apex court while dealing with compensation payable to a seller in the context of essential commodities act, 1955 held that judicial review is not concerned with matters of economic policy. ..... explorations have to be taken up for the deposits where preliminary assessment upto a shallow depth has been completed.para 6.3: wider application of latest techniques of remote sensing, regional geochemical methods and multi-sensor aerial surveys are necessary for fast scanning as well as delineation of favourable targets for detailed exploration. ..... of maharashtra and ..... (47) comp cas 352 (bombay). .....

Vidyavathi Kapoor Trust Vs. Chief Commissioner of Income-tax and Other ...

Court : Karnataka

Reported in : (1991)99CTR(Kar)269; ILR1991KAR3414; [1992]194ITR584(KAR); [1992]194ITR584(Karn)

..... 114) : 'thus, it is too late in the day to urge that since the legislature did not specifically provide in chapter xx-c of the income-tax act that the affected party shall have a right of hearing before an order under section 269ud(1) is passed, the courts would not insist upon compliance with at least the minimal rules of audi alteram partem to be followed particularly by an authority exercising ..... further fact that when the order dated august 31, 1955, had become final because of the failure to file an appeal or an application for revision, it was not permissible under the law, in view of the specific bar of section 18 for the writ petitioners to move a 'restoration' application on march 12, 1958, for its review and to obtain its reversal by the competent officer's orders dated march 15, 1958, and may 12, 1958, and to obtain a wholly beneficial order for the transfer ..... immovable property concerned becomes vested in central government under sub-section (1), or, as the case may be, sub-section (6) of section 269ue : provided that if any liability for any tax or any other sum remaining payable under this act, the wealth-tax act, 1957 (27 of 1957), the gift-tax act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration payable under section 269uf, the appropriate authority may, in ..... the same effect is maharashtra state road transport corpn ..... president industrial court, bombay, air 1967 .....

H.G. Sheela Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(3)KarLJ24

..... it is, therefore, clear that for the purpose of acquisition of any land under section 126(2) of the maharashtra regional and town planning act, 1966 act, the land sought to be acquired must have a direct connetion with its specification, earmarking or reservation for a specified public purpose in the ..... respondent-company without preparing a scheme and that the acquisition of the lands in question are contrary to the provisions of the act, rules and regulations and law laid down by the apex court in the case of ramana dayaram shetty, and therefore this court has got power to exercise its judicial review power under article 226 of the constitution of india, as the action of the board and state government is in blatant violation of article ..... papadopoullos (1958)1 wlr 546 : (1958)2 all er 23, the appellant challenged an order of collective fine passed under regulation 3 of the cyprus emergency powers (collective punishment) regulations, 1955 which provided that if an offence was committed within any area of the colony and the commissioner 'has reason to believe' that all or any of the inhabitants of that area failed to take reasonable steps to ..... designated or reserved land in the subsequent plan prepared and approved under the bombay metropolitan region development authority act, 1974, does not subserve any public purpose within the earmarked, designated or reserved public purposes, necessarily, the public purpose envisaged under section 126 outlives its purpose and gets eclipsed. .....

Chamundi Hotel (P) Ltd. and ors. Vs. State and ors.

Court : Karnataka

Reported in : ILR1997KAR1573

..... because in that case, while determining the scope of section 269-ud of the income tax act, 1961, the court held that opportunity to show cause must be afforded to intending purchaser and seller of property, before making an order of compulsory purchase of the property under the income tax act and that reasons recorded in the order would not be substituted of the opportunity of ..... was no such fetter or limitation to be found there, the state legislature had full competence to enact the impugned act no matter whether such enactment was contrary to the guarantee given, or the obligation undertaken by the dominion government or the province of bombay or even the state of bombay.the petitioners would have a legitimate grievance in the matter of the deprivation of their rights of ownership of the jagir ..... basantibai, : [1986]1scr707 , the supreme court while considering the constitutional validity of maharashtra housing and development act, which dealt with the acquisition of the land held that as the land was being acquired for the purposes of being ..... . in his 'a survey of social interests', 57th, harvard law review, 1 at 39(1943), he elaborated thus : 'looked at functionally, the law is an attempt to satisfy, to reconcile, to harmonize, to adjust these overlapping and often conflicting claims ..... . superintendent & remembrancer of legal affaris, 1955-1 scr 2241 : (air 1954 sc 424) (n).a statute may not make a classification of the persons or things for the purpose of applying its provisions and .....

Wipro Ltd. Vs. Regional Provident Fund Commissioner

Court : Karnataka

Reported in : [1994(68)FLR347]; ILR1993KAR3237; 1994(1)KarLJ174; (1995)ILLJ120Kant

..... on the aforesaid pronouncement of the supreme court would submit that thought the conclusion of the respondent that the petitioner is a branch of amelnar unit in maharashtra is contrary to findings, the order that the petitioner is not entitled for infancy protection under section 16(1)(d) of the act is on the basis that the petitioner is the continuation of m/s margarine & refined oil co. ..... bombay and hence is not entitled for fresh infancy protection in terms of section 16(1)(d) of the act ..... bombay and, therefore, not entitled for fresh infancy protection in terms of section 16(1)(d) of the act ..... , bombay kn/948 and not as a separate and independent unit and employment strength of both of them will be continued to be reckoned together for all purposes under the employees' provident funds and miscellaneous provisions act, 1952 and the schemes framed there under like rate ..... the appellant contended that it acquired the factory in 1955 and three years for the purpose of section 16(1)(b) of the act should be continued from the date on which it ..... the aforesaid case dealing with the extent an scope of judicial review under article 226 and 32, has observed as follows : '12. ..... allotment of a separate code number, you are advised to continue to comply with all the instructions contained in original coverage letter no, issued at bombay under code no. ..... a company incorporated and registered under the provisions of the companies act, 1956 having its registered office at bombay, hereinafter called as 'the .....

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... it was argued that article 243-w of the constitution which falls in part ix-a requires a municipality to prepare plans for economic development of an area lying within its jurisdiction and in order to comply with these provisions, section 503-b was introduced under the kmc act and therefore the development scheme could only be prepared by the municipal corporation or the metropolitan planning committee and not by the bda. ..... in interpreting the constitutional provisions, the supreme court has emphasized that it will confine itself to the written text of the constitution for the purpose of judicial review and not take recourse to any abstract concept like the spirit of the constitution. in a.k. ..... state of maharashtra : air1997sc1236 , held that whatever may have been the practices in the past, a time has come where the courts should keep the larger public interest in mind while exercising their power under article 226, which is a discretionary remedy. ..... a full bench of the bombay high court in the case of chandrakant sakharam karkhanis and ors. v. ..... bhanji munji : [1955]1scr777 , upheld the requisitioning of premises for housing a person having no housing accommodation on the ground that it was a public purpose. .....

Karnataka Planters' Association Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR1787

..... -distinction to the initial fixation of wages did not arise for consideration ; the minister of labour who is responsible for the disposal of the business of the government in so far as it relates to the legislative mandate under section 5 of the act did not figure in the dual capacity as the chairman of the board and independent member of the same ; (d) even if he had figured in that dual capacity, in what manner he would have affected the composition of ..... to his proposals ;b) there was no application of mind at all to any objection or suggestion made on behalf of the employers ;c) all the procedures were followed outwardly but not in substance with a view only to avoiding stay orders from court ; andd) this court should direct the government to disclose the basis on which the minimum wage rate have been notified.these contentions, in the light of my findings against the procedure adopted by the ..... the rules as formulated by professor goodhart, the erudite ex-editor of law quarterly review, in my view, afford a good guidance in this regard and they are :-'(1) the principle of a case is not found in the reasons given ..... state of maharashtra, 1980-i llj 230 as also a passage in craies on interpretation of statutes ( ..... unnecessary on this point as the proviso is a safeguard against any arbitrary action by the government in revising the minimum wages and this was noted by the supreme court in bijay cotton mills case : (1955)illj129sc and in state of rajasthan case : (1976)illj1sc . ..... bombay .....

Sakrappa Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1985KAR1833

..... vesting in the state government under this act, the land directed to be disposed of under subjection (6) of section 45; section 59 and section 60 and any other land acquired under section 131 may be granted by the tahsildar, to the following persons to the extent and in the order of preference as indicated below :(i) to (vi) xx xxsection 131 was omitted in the amended act and in its place the words 'land vesting in the state government undersection 79a and 79b or under any other provision of this act,' are found in the amended ..... of which he is not entitled to be registered as occupant (sec section 45(3) ;(3) lands forfeited to the state government under leases contrary to the provisions of the act under section 58 ;(4) lands available for disposal on tenants' failure to cultivate the lands personally for three consecutive years ;(5) lands vesting in the state government under sections 79a and 79b of the act ; and(6) under any other provision of the act.the lands vesting in the state government under the other provisions of the act are lands vesting under section 7 of the act 15(6) 20 44 61 62 and 83. ..... land was originally paragana inam land coming under the provisions of bombay paragana and kulkarni watan inams act which were abolished on 1st may 1951. ..... state of maharashtra and another : [1985 ..... , the case of the petitioners, briefly stated, is as follows: according to them, they were personally cultivating the land in question since the time of their father who died in the year 1955. .....

Mr. S. Bangarappa Vs. Somappa

Court : Karnataka

Reported in : ILR1991KAR970

..... in the state government:(1) all lands held by or in the possession of tenants including tenants against whom a decree or order for eviction or a certification for resumption is made or issued immediately prior to the date of commencement of the amendment act, other than lands held by them under leases permitted under section 5, shall, with effect on and from the said date, stand transferred to and vest in the state government. ..... case of the petitioners in these writ petitions is that the benevolent provisions contained in section 77 of the act which is designed to promote the economic advancement of particular class of persons by giving special treatment under section 77 of the act to which category the petitioners belong, has been sought to be defeated by the land tribunal at the instance of respondents 3 and 4 by passing the impugned orders and thereby preventing the vesting of lands in the state government and therefore they have ..... , resumption application filed in the year 1966 before it; (b) the extract of record of rights for the year from 1955 to 1966; (c) the statement made by respondent-8 before it for the appointment of receiver and all other relevant evidence that may be produced by the parties in support ..... state of maharashtra, : ..... the court, however, does not sit as a reviewing court and cannot enter into the legality of the ..... this aspect is as laid down in : 1952crilj1269 (state of bombay v. ..... kind should not be encouraged, is the dictum laid down in state of bombay v. .....