Court : Rajasthan
Reported in : AIR2003Raj27; 2002(5)WLC33
..... 1959, not only above provisions for registration of the public trust are there but in the act there are provisions for establishing board and committees under chapter iv to draw attention of the state government towards the difficulties experienced in the working of this act of 1959 and to suggest amendments, to hold inquiry with respect to the origin, existence and nature ..... the trial court vide order dated 27-8-1979. according to the learned counsel for the respondent, since the suit of the plaintiffs was dismissed by order dated 7-1-1980 and since this is a regular first appeal filed by the plaintiffs, therefore, the defendant can challenge the order dated 27-8-1979 in this appeal. to get the ..... the suit of the plaintiffs without recording any evidence and it was permissible under law to do so and since the order dated 7-1-1980 is found by this court in accordance with law, therefore, i do not incline to grant any permission to the learned counsel for the respondents to raise these pleas .....
Tag this Judgment!Court : Chennai
Reported in : 1986(23)ELT363(Mad)
..... attested by p.w 3 and others. in the shirt packet, some chits (exhibit p. 3 series) were found. m.o. 5 series (8 hard-board boxes) were also found in the first room. they were all seized under exhibit p. 2. a statement under exhibit p. 4 was recorded from the ..... ) - - " 20 - " 6 - " 9 " 5 " 38 " 35 " 39 " 40 " 61 -----------------------------------------------------------------------36. the provisions relating to the powers of officers under the customs act, the gold (control) act, and other central acts are analogous to some of the provisions contained in the criminal procedure code, whereunder the police officers have to investigate into the offences in compliances with those provisions as ..... officer for the purpose of determining the admissibility of a statement of the accused under section 25 of the evidence act was considered by the supreme court in balkishan v. state of maharashtra, 1980 crl. l.j. 1424. the supreme court after making a comparative study of the relevant provisions of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All224; (2000)1UPLBEC825
..... statutory mandate. it is no doubt true that the rule of disqualification is based on a statutory principle that a person who has financial obligations to the 'board' may not be able to discharge his public office objectively and in public interest. but the disqualification itself must be determined in strict compliance with the statute.' ..... has been caused or not, as compliance of rule was obligatory. learned counsel has placed reliance on the following judgments :--* bar council of delhi v. surjeet singh, air 1980 sc 1612* state bank of patiala v. s. k. sharma, air 1996 sc 1669.* babu verghese v. bar council of kerala, air 1999 supreme court 1281.23 ..... from perusal of both the aforesaid provisions it is clear that preparation of electoral roll and its revision from time to time have been separately contemplated under the act. rules 4(1) which has already been quoted above opens with the words 'in preparing the electoral roll', which clearly shows that the provisions contained therein .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... 1983]1scr729 it was held that even a single institution may be taken as a class. in that case, while considering the auroville (emergency provisions) act (59 of 1980) which took over the management of auroville society by the government, the court held that the situation prevailing in auroville necessitated the taking of action ..... article 31c is taken, as it must be, to exclude article 31(2), the question of compensation becomes irrelevant and otiose,................................'71. in maharashtra state electricity board v. thana electric supply company and ors. : air1990sc153 , the apex court held that on matters of economic policy, the court must advert to legislative judgment ..... vide for example prafulla kumar mukherjee v. bank of commerce ltd., khulna and advocate general of bengal, 1947 fcr 28: (air 1947 pc60) kerala state electricity board v. indian aluminum co : [1976]1scr552 the earlier case of this court reported in a.s. krishna v. state of madras, : 1957crilj409 almost a direct .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461
..... 7 thereof, exercising the option to purchase the undertaking. it was held that a right to purchase the electrical undertaking which had accrued to the electricity board was saved by section 6 of the gc act.33. in g. ekambarappa and ors. v. excess profits tax officer, bellary : [1967]65itr656(sc) . in that case district bellary, ..... uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice;and whereas the uncitral has adopted the ungitral conciliation rules in 1980;and whereas the genera! assembly of the united nations has recommended the use of the said rules in cases where a dispute arises in the context ..... view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice. the uncitral also adopted in 1980 a set of conciliation rules. the general assembly of the united nations has recommended the use of these rules in cases where the disputes arise in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H237
..... matter came up for consideration before the division bench of the court in puthen veettil nolliyodan devoki amma v. puthen veettil nolliyodan kunhi raman nair, air 1980 ker 230. viewing the matter in the perspective of the recent insertion of explanation viii the division bench went even further to hold that the expression ' ..... general and larger principles. it appears to me that the insertion of explanation vii and viii to s. 11 of the code by the civil procedure code (amendment), act 1976, is essentially a statutory recognition of the larger principle enunciated in judicial precedent. to truly appreciate the intent of the legislature in this context it ..... controller or his higher authorities cannot possibly be held to have exclusive jurisdiction. the provision relating to the finality of their decision in section 18 of the act can only apply to their decision relating to matters which are within their exclusive jurisdiction. it follows, therefore, that a decision of the controller as to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker75
..... . accordingly his possession as on 1-4-1964 is not as a mortgagee and he is not entitled to claim any benefit under section 5 of the kerala land reforms act, act i of 1964. point no. 2 is accordingly found in favour of the appellants.10. point no. 3:-- the question to be decided is as to whether the claim ..... of constructive res judicata from raising the same defence in the final decree proceedings. we are supported in this view by the decision of this court in madhavan v. bhavani 1980 ker lt 315 and in 1976 ker lt (sh. notes) 66. accordingly we hold that the 1st plaintiff is precluded from raising a defence under section 5 of the ..... )(vi) of the kerala land reforms act. it was contended by counsel for the 1st respondent that the above exemption will not apply to deemed tenancies and relied on the decisions of this court reported in rajeevi r. hegde v. thyampanna shetty 1984 ker lt 536 : (air 1984 kerala 222), travancore devaswom board v. krishnan 1980 ker lt 787 and veerankutty v. sankaran .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)
..... a permits acquisition of tenancy rights, it is liable to be struck down as unconstitutional. (10) the impugned action is contrary to the instructions of the central board of direct taxes as averred in paragraph 11(t)(1) of the petition which instructions have a binding effect on the revenue; and (11) the impugned action ..... v. union of india : [1974]95itr197(delhi) ; (2) basudev sahu v. union of india : [1976]102itr572(orissa) and (3) tube mill (india) ltd. v. iac : [1980]122itr72(cal) . in the first case, the delhi high court held that the acquisition of property under chap.xx-a was for a public purpose within the meaning of art ..... however, not taken consideration while making the aforesaid observation). 40. two questions, therefore, arise for consideration, namely : (1) does the newly added chapter in the act seek to compulsorily acquire immovable property for a public purpose; and (ii) whether the amount payable for the acquired property fixed by the impugned legislation is illusory as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2009Cal140,(2008)4CALLT420(HC),2008(4)CHN420
..... the petitioner has raised a number of legal pleas including violation of article 14 of the constitution as well as statutory provisions of the calcutta municipal corporation act, 1980 against the order of demolition and the subsequent order of the tribunal. on the basis of the aforesaid grounds the petitioner has claimed issue of writs ..... boxes. the kolkata municipal corporation passed a demolition order dated 10th september, 1990 under section 400(1) of the calcutta municipal corporation act, 1980. aggrieved by the demolition order, the writ petitioners filed a statutory appeal before the municipal building tribunal under section 400(3) of the calcutta municipal corporation ..... act, 1980. the aforesaid appeal has been dismissed by the municipal building tribunal by order dated september, 26, 2006. this order was challenged by the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... that when the acquisition of land is for plan development of a city, framing of the scheme under t.n. housing board act is not a precondition for publication of the notification under section 4 of the said act and hence, the notification cannot be treated to be vague on that ground [see state of t.n. v. l ..... advocate general further pointed out that once possession has been taken, no other remedy can be taken even if all the notifications are bad in law [see : [1980]1scr1071 (supra)].369. mr. advocate general further pointed out that there are no particulars have been given to show that the authorities issued the said notification in colourable ..... therefore, the acquisition proceedings are bad in law and he also relied upon the decisions reported in : air1996sc3538 [common cause a registered society v. union of india and ors.]; : [1980]3scr1338 [kasturi lal lakshmi reddy v. state of j & k] and : air1985sc1147 [ram and shyam company v. state of haryana and ors.].83. mr. tapas kumar mukherjee, .....
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