Court : Supreme Court of India
..... in our opinion this purpose is a public purpose within the land acquisition act as it stood before the amendment made by the bombay legislature and it is not necessary for the respondents to rely on the amendment to sustain the notification. . ..... the accounts statement of bank of maharashtra was produced before us for perusal and this statement supports the argument that the aforesaid amount had, indeed, been paid from the funds of the housing board which is completely owned and controlled by ..... state of maharashtra (2005) 2 scc673 it has been observed that the doctrine has the merit of promoting certainty and consistency in judicial decisions, and enables an organic development of the law, besides providing assurance to the individual as to the consequence of ..... state of maharashtra air1966sc1788this court held that the phrase public purpose has no static connotation, which is fixed for all times ..... state of maharashtra (1996) 10 scc150this court observed: (scc ..... state of maharashtra (1966) 3 scr885the acquisition of land for development and utilization as industrial and residential area met the test of public purpose ..... state of maharashtra (1970) 3 scc323 acquisition of land for development of industrial areas and residential tenements for persons to live on industrial estates was held to be legally valid for a genuinely public purpose ..... state of maharashtra (1977) 1 scc133 this court held that development and utilization of land as residential industrial area qualified as public purpose .....
Tag this Judgment!Court : Supreme Court of India
..... membership to an association duly recognized from each state in the country to give to the bcci a truly national character, the committee s recommendations that multiple full members from the states of gujarat and maharashtra should be discontinued and two members each from both the states reduced to associate membership of bcci was neither just nor legally permissible. ..... a copy of the letter dated 18th november 2015 addressed by the bcci to the hon ble chief minister of maharashtra is annexed hereto and marked as annexure b (pg.64 to65) decentralisation of powers with the president: by virtue of being the chairman of the annual general meetings and special general meetings of the bcci, the president ..... the committee is of the view that it be left to the bcci to decide which of the 3 associations from gujarat and maharashtra would be taken to represent the entire state, and the remaining 2 associations from each state would become associate members, who would however continue to field teams for competitions as they have ..... suggested by the petitioners that though article 19 is confined to citizens, the constitution-makers may have thought that in dealing with the claims of corporations to invoke the provisions of article 19, courts would act upon the doctrine of lifting the veil and would not treat the attempts of the corporations in that behalf as falling outside article 19. ..... has while recommending abolition of dual posts ..... (bank disputes), bombay and ors. ..... scc409 ravi s naik v. .....
Tag this Judgment!Court : Supreme Court of India
..... exercise of his individual judgment, the decision of the governor in his discretion shall be final, and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: provided further that if the president on receipt of a report from the governor or otherwise is satisfied that it is no longer necessary for the governor to have special responsibility with respect to law ..... exercise of his individual judgment, the decision of the governor in his discretion shall be final, and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: provided further that if the president on receipt of a report from the governor or otherwise is satisfied that it is no longer necessary for the governor to have special responsibility with respect to law ..... , in exercise of powers conferred by clause (2) of article 371 of the constitution, the president issued the state of maharashtra (special responsibility of governor for vidarbha, marathwada and the rest of maharashtra) order, 1994 which came into effect on 1st may, 1994. ..... in view of the conclusion drawn at fifthly above, the judgments rendered in the mahabir prasad sharma case20, and the pratapsing raojirao rane case12, by the high courts of calcutta and bombay, respectively, do not lay down the correct legal position. ..... 1955] .....
Tag this Judgment!Court : Supreme Court of India
..... that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of ..... is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances that is: (i) after giving such due warning as the authorized officer may consider necessary; (ii) the alleged offender is acting in contravention of any law or order in force in the disturbed area which (a) prohibits the assembly of five or more persons or (b) prohibits the carrying of weapons or of things capable of being used as weapons or ..... government or district magistrate or any officer authorised in this behalf by the government or the district magistrate or any other authority on whom powers have been conferred under this act, for anything which is in good faith done or purported to be done in pursuance of this act or any rule or order made thereunder; and (b) any serving or retired member of the armed forces or paramilitary forces in respect of any action taken or purported ..... the transfer of prisoners under the maharashtra control of organized crime act, 1999. ..... the directions of the bombay high court, a sessions ..... 1955 ..... 1955 .....
Tag this Judgment!Court : Supreme Court of India
..... will be no impediment for the state government to exercise its power under section 435(2) of the code of criminal procedure according to the learned solicitor general, since the period of imprisonment under various central acts has already been suffered by the respondents, the requirement of passing order of suspension, remission or commutation by the central government does not arise and it is for the state government to pass order ..... tamil nadu addressed to the joint secretary to government of india, department of personal and training dated 22.05.1991 forwarding the order of government of tamil nadu, conveying its consent under section 6 of the special act for the extension of the powers and jurisdiction of members of special police establishment to investigate the case in crime no.329/91 under sections 302, 307, 326 ipc and under sections 3 and 5 of ..... the above questions, if it transpires that the implication to the proviso to article 73(1)(a) gets attracted, namely, specific conferment of executive power with the centre, then the central government will get power to act and consequently, the case will be covered by section 432(7) (a) of the code and as a sequel to it, central government will be the appropriate government to pass orders under sections 432 and 433 ..... of maharashtra through cbi, ..... that in england and wales, the mandatory life sentence for murder is contained in section 1(1) of the murder (abolition of the death penalty) act, ..... . ..... r.s. naik[48].a direction by which .....
Tag this Judgment!Court : Supreme Court of India
..... 443]. concerned the validity of proceedings under chapter v-a of the bombay municipal corporation act, 1888 and the bombay government premises (eviction) act, 1955 in the context of the decision of this court in northern india ..... the goa high court bar association, panaji (goa), the society of india law of firms, new delhi, the chhattisgarh high court bar association, bilaspur (chhattisgarh), the nagpur high court bar association, nagpur (maharashtra), the madurai bench of madras high court bar association, madurai (tamil nadu), the jharkhand high court bar association, ranchi (jharkhand), the bar association of national capital region, new delhi, and the gulbarga ..... it was submitted, that the legislations placed in the ninth schedule of the constitution, from the original 13 items (relating to land reforms and zamindari abolition), multiplied at a brisk rate, and currently numbered about 284. ..... function. nor can the constitutional fascination for the basic structure doctrine be made a trojan horse to penetrate the entire legislative camp fighting for a new social order and to overpower the battle for abolition of basic poverty by the basic ..... the first, the abolition of the privy purses by an executive fiat, which was invalidated by the supreme court in madhavrao scindia bahadur v ..... , it was pointed out, that in the beginning of independent governance of the country, judicial review led to the setting aside of legislations, pertaining to land reforms and zamindari abolition. .....
Tag this Judgment!Court : Supreme Court of India
..... then was) in his concurring opinion, opined that there is no difficulty in laying down that in a trial for the offence under sections 292 and 293 of the indian penal code, a certificate granted under section 6 of the cinematograph act by the board of censors does not provide an irrebuttable defence to accused who have been granted such a certificate, but it is certainly a relevant fact of some weight to be taken into consideration by the criminal court in deciding whether ..... does not become a satirical if the observer does not comprehend or detect any message in the work in question; that where the images depicted in the work product convey no message but only a disgusting combination of lewd acts and words whose only effect is to debase, insult and ridicule the person portrayed this is neither criticism nor satire; and that the artistic freedom is not unlimited and where rights and reputation of others ..... . the decision of select committee was communicated to the respondent who challenged the same in the high court of bombay which directed the doordarshan to telecast the documentary film within the period of six weeks in the evening slot ..... . today there is a movement afoot for the abolition of capital punishment and attempts are being made to convert prisons into hospitals as if they are persons suffering from a disease. 84 ..... appellant versus state of maharashtra & ors. ..... . 20, law and contemporary problems (1955):630 .....
Tag this Judgment!Court : Supreme Court of India
..... fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of ..... clause (a) relates to committing or instigating any person to commit any offence punishable under the essential commodities act, 10 of 1955, or under any other law for the time being in force relating to the control of the production, supply or distribution of, or trade and commerce in, any ..... a particular community may be grossly offended or annoyed by communications over the internet by "liberal views" - such as the emancipation of women or the abolition of the caste system or whether certain members of a non proselytizing religion should be allowed to bring persons within their fold who are otherwise outside the ..... the provisions of the maharashtra control of organised crime act were challenged on the ground that they were outside the expression "public order" contained in entry 1 of list i of the 7th schedule ..... understanding the impact and content of freedom of speech, in indian express newspapers (bombay) private limited & ors. v. ..... and state of bombay v. ..... ) scr594 was referred to in state of bombay v. f.n. .....
Tag this Judgment!Court : Supreme Court of India
..... appointed. as regards the undertaking he pointed out that the usual undertaking obtained from a member of the bar in all high courts and for that matter even the additional undertaking that is being obtained in the bombay high court if properly read will show that it merely creates a binding obligation on the concerned member of the bar but does not create any [pic].obligation or commitment on the part of the appointing authority ..... as such, the legislative enactment under reference creating the ntt as an independent appellate forum to decide appeals on substantial questions of law, from orders passed by the appellate tribunals constituted under the income tax act, the customs act, and the excise act deserves to be set aside; it was the contention of the learned counsel for the respondents, that the submissions advanced at the hands of the petitioners, were premised on an improper understanding of the ..... submission advanced at the hands of the respondent association was, that labour courts had been constituted in the state of maharashtra, under the industrial disputes act, the bombay industrial relations act, as also, the maharashtra recognition of trade unions and prevention of unfair labour practices, act. ..... 10. in the writ applications as presented, the main challenge was to the abolition of the jurisdiction of this court under article 32 in respect of specified ..... the first law commission of independent india was established in 1955 for a three year term under the chairmanship of mr. .....
Tag this Judgment!Court : Supreme Court of India
..... or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the indian penal code (45 of 1860); or (b) the protection of civil rights act, 1955 (22 of 1955), which provides for punishment for the preaching and practice of untouchability , and for the enforcement of any disability arising therefrom; or (c) section 11 (offence of importing or exporting prohibited goods) of the customs ..... not be less than twelve: provided further that where the total number of ministers, including the chief minister, in the council of ministers in any state at the commencement of the constitution (ninety-first amendment) act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may be, then, the total number of ministers in that state shall be brought in conformity with the ..... council are provided under the constitution, and they basically relate to the election process and continuance in the house and the further disqualifications which have been enumerated under the 1951 act have been legislated by the parliament being empowered under the specific provisions of the constitution, yet when the ministers are appointed who constitute the spectrum of collective responsibility to run the ..... little comment, a little article, which appeared in the free press journal of bombay dated the 8th september 1948 relating to the **** ministry. ..... maharashtra ..... maharashtra ..... maharashtra .....
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