Court : Andhra Pradesh
Reported in : AIR1996AP113; 1995(3)ALT789
..... now, with the guidance of the settled law in the precedents supra and by reading section 10(2)(i) and proviso and by a proper understanding of the matter both in the background of the preamble of the act and also the preamble of the constitution of india(justice, social, economic and political), the concept built in the expressions 'wilful default' can be understood in its true letter and spirit. ..... sunder-rajan the learned counsel for the petitioner is right in pointing out that when wilful default is not defined or explained in the act, the interpretation of the same by the precedents would lay the guidelines in such a situation based on the legal consequences of nonpayment of rent or not tendering of it in a particular situation. ..... to understand the two provisions otherwise should naturally produce absurd results inconsistent with the object and purpose of the act under the preamble of the act and the non obstante clause in section 10(1) of the act.25. ..... added with the socialisation of law emboldened in the preamble of the constitution, the meaning in such expressions cannot be a static, wooden, stable or unadoptable to the individual and the case. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2507
..... further bolstered by a reference to the very definition of gas based energy undertaking in clause 1.12 of the scheme (page 88 of volume 1, memo of appeal) which states it to be the entity 'as described in item (ii) of subclause (f) of clause a of the preamble' being the 'demerged company's undertaking, business, activities and operations pertaining to supply of gas for the generation of power by reliance patalganga power limited and rel for their power projects'. ..... based energy undertaking(b) the coal based energy undertaking,(c) the financial services undertaking and(d) the telecommunications business undertaking and then to vest in the four separate resulting companies.the legal consequence of the scheme is that:(a) on the date of the grant of approval to the scheme, the right, title and interest in all the assets as well as the benefits of ..... to be approved by the company court and it was acted upon, negotiations between the parties in the matter relating to supply o gas which was the subject matter of the application preferred by rnrl before the company court and the subject matter of the appeals reliance has been placed on documents exchanged between the parties and tendered along with the application exhibit 'f' collectively in ..... . as already noticed, where the company owns a factory it is the company which is the occupier, but, sincecompany is a legal abstraction without a real mind of its own, it is those who in fact control and determine the management of the company, who .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3604; 2005(3)ESC1576
..... , or from consistent past practice.the existence of a legitimate expectation may have a number of different consequences; it may give locus standi to seek leave to apply for judicial review; it may mean that the authority ought not to act so as to defeat the expectation without some overriding reason of public policy to justify its doing so; or it may mean that, if the authority proposes to defeat a person's legitimate expectation, it must afford him an opportunity to make representations on the matter ..... elaborating his arguments, he referred to the various provisions of the circular dated 11.6.2004 and particularly the preamble to the said circular, which clearly shows that the bookstall policy contained in the said circular had been formulated after an in-depth consideration by the ministry of railways. ..... there would be no renewal/ extension of licence and a fresh two packet open tender should be called well in advance and finalised before expiry of the existing contract at 'a', 'b' & 'c' category stations. ..... a person may have a legitimate expectation of being treated in a certain way by an administrative authority even though he has no legal right in private law to receive such treatment. ..... before we proceed to examine the aforesaid legal contentions raised by the learned counsel for the parties, we consider it appropriate to refer to the relevant factual aspects, which were made the foundation for the legal contentions.22. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... petitioners and that if, as per the contention of petitioners, the phrase 'land after demolition of existing structures' is deleted from dcr 58(1)(b) as it exists today, on account of the amendment of the definition of the word 'development' in section 2(7) of the act is correct, then the word 'development' in the opening part of dcr 58(1) with the previous approval of the commissioner to a layout prepared, inter alia, for making of any material change in any building or land or in the use of any ..... thereafter in the year 1995 the parliament passed the textile undertaking nationalisation act, 1995 wherein it is mentioned in its preamble that the investment of a very large sums of money is necessary for the purpose of securing optimum utilisation of the available facilities for the manufacture, production and distribution of clothes and yarn by the said textile ..... singhvi has further submitted that, for a variety of commercial and logistical reasons, the chief of them being the absence of legal compulsion and the obligation of the land owners to share even those areas on which mill structure stood, the undeniable fact is that the achievements of dcr 58, 1991-2001 were marginal ..... second day of the petitioners' arguments (17th august 2005), the learned counsel for the state government tendered a further affidavit of shri ramanand tiwari dated 17th august, 2005. ..... to make the intention more clear, the framers coined and adopted two categories, namely, 'open lands' and 'balance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC871; 2006(1)ARBLR171(SC); [2006]131CompCas805(SC); 126(2006)DLT437(SC); JT2006(1)SC262; 2006(1)SCALE218; (2006)1SCC751
..... agreement; (vi) the application for stay must be made before filing the written statement or taking any other step in the legal proceedings; (v) the court has to be satisfied that the agreement is valid, operative and capable of being performed; this relates to the satisfaction about the "existence and validity" of the arbitration agreement; (vi) ..... against any other party to the agreement or any person claiming through or under him in respect of any matter agreed to be referred to arbitration in such agreement, any party to such legal proceedings may, at any time after appearance and before filling a written statement or taking any other step in the proceedings, apply to the court to stay the proceedings and the court, ..... company [1984 (4) scc 679], this court considered the scope of section 3 of foreign awards act and formulated the following six conditions required to be fulfilled for invoking section 3 :- (i) there must be an agreement to which article ii of the convention set forth in the schedule applies; (ii) a party to that agreement must commence legal proceeding against another party thereto; (iii) the legal proceedings must be "in respect of any matter agreed to be referred to arbitration" in such ..... general conditions stipulated by the purchaser enable the tenderer to assess his obligations and calculate the ..... the preamble to the letters of intent states that kgk "hereby confirms its intention to .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... which would allow the exercise of legislative power by parliament pursuant to the residuary powers vested in it to trench upon state legislation and which would thereby destroy or belittle state autonomy must be rejected.the preamble of the bombay police act, 1951 and the amendments, may now be set out as under:.and whereas it is necessary to consolidate and amend the law relating to the regulation of the said force and the exercise ..... the 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 imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of emergency ..... . article 39(e) provides that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited ..... and action group (wrag) is a group of committed women working towards the promotion of the social and legal status of women from marginalized, disadvantaged, unrepresented and under-represented communities. ..... citizen has no right to trafficking in women or in slaves or in counterfeit coins or to carry on business of exhibiting and publishing pornographic or obscene films .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad90
..... would take judicial notice, and may in a proper case require to be informed by evidence as to what the effect of the legislation will be.......a closely similar matter may also call for consideration, namely, the object or purpose of the act in question......it is not competent either for the dominion or a province under the guise or the pretence or in the form of an exercise of its own powers to carry out an object which is beyond its powers and a trespass ..... page 379:'in any investigation of the constitutional power of these great dominion legislatures, ft is not proper that a court should deny to such a legislature the right of solving taxation problems unfettered by a priori legal categories which often derive from the exercise of legislative power in the same constitutional unit. ..... the learned advocate general argues that act i of 1908 was passed at a time when there was in existence a theory that the state did not own the land but had a mere right to collect assessments and as that theory is no longer the accepted one [vide, ilr 41 mad 1012 ; air 1918 pc l69, the definition referred to above cannot be indicative of the fact that land revenue alone could form the subject matter of an ..... the first portion of the preamble itself shows that the government claimed full proprietorship ..... the cultivating tenant always tendered to the state a portion; of the produce of the land varying with naturs of the crop, which is called 'melwaram', while the share left to the cultivator was known .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP592
..... chinna subbayya, the so-called benamidar refused to represent the real owner and could not have represented them in the suit, so that by no stretch of the principle enunciated in 46 ind app 1 : (air 1918 pc 140), could we regard the said benamidar in the present case, as effectively representing the real owner so as to make the decree passed in that suit or against the benamidar binding on the plaintiffs. ..... xx xx but the rule which makes a decree against a be-namidar binding on the beneficial owner is based upon the ground that the benamidar acts in concert with the beneficial owner, or rather that the beneficial owner acts through the.......benamidar, and on the further ground that it is by the act and conduct of the beneficial owner that the benamidar is held out to the world as the rightful owner; so that the beneficial owner cannot ..... are estopped as indicated above from disputing the claim of the plaintiffs and as the respondent had by subsequent events become fully entitled to the property, he would in terms of section 43 of the transfer of property act be estopped -from disputing the claim of the plaintiffs to the northern half of the suit house. ..... 'that the benamidar represents in fact the real owner and so far as their relative legal position is concerned he is a mere trustee for him. ..... less assumed that had the representation by the benamidar been broken so as to prevent a benamidar effectively representing the real owner, the legal consequences would have been different. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP465
..... another point presented by the counsel for the respondents was that order xxi rule 34 did not dispense with attestation as envisaged by section 59 of the transfer of property act, because sub-rule 5 of rule 34 invested documents executed by a court only with the character of documents executed by a party, which means that the documents will be deemed to have been signed by ..... summons), together) with a notice in writing stating that his objections if any thereto shall be made within such time (mentioning it) as the court fixes in this behalf.the decree-holder may also tender a duplicate of the draft to the court for execution upon the proper stamp paper; if a stamp is required by law. ..... proof of such service), the court or such officer as it appoints in this behalf, shall execute the duplicate so tendered or may if necessary alter the same so as to bring it into accordance with the terms of the decree and execute ..... preamble to the indian contract act, which recites 'it is expedient to define and amend certain parts of the law relating to contracts is similar in terms to the transfer of property act ..... that it is not sufficient to comply with this rule if a document is to be effective legally and all the requisites of section 59 of the t.p. ..... given to the word 'execute' in the oxford dictionary is 'to make (legal instrument) valid by signing, sealing etc. ..... hold that the mortgage in dispute was validly executed despite the non-attestation of the document and that it was legally enforceable.38. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT707
..... the challenge to appointments of some government pleaders on the ground of violation of the guidelines and some of the clauses contained in the same instructions, which are the subject matter of the present writ petition, reiterated the legal principle reflected in the previous judgments of the supreme court that the appointments of the office of government pleader are not to a post borne on the state cadre and is purely contractual and that the instructions do not ..... (supra) held in unequivocal terms that the holders of the post have a public duty to perform and public element is thus involved therein and that if the state fails to discharge its public duty or acts in defiance, deviation and departure of the principles of law, or legal policy laid down by the government for the purpose of such appointments is departed, juridical review can be resorted to.20. ..... aside the termination of government pleaders en masse, the supreme court held that the constitution does not envisage or permit unfairness or unreasonableness in state actions in any sphere of its activity contrary to the professed ideals in the preamble and that exclusion of article 14 in contractual matters is not permissible in constitutional scheme.15. ..... generally they are verbatim reproduction of the para-wise remarks, which usually pass muster at the government pleaders' office with the preamble and concluding portions being contributed by the typists. .....
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