Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
..... certain affirmative obligations to eliminate those institutional and socio-economic conditions limiting such freedoms, so that all can strive towards the achievement of the goals set forth in the preamble; and (3) the directive principles of state policy, fundamental to governance and necessary for the achievement of all round socio-economic development so that the goals of ..... . the decision at the level of the division bench turned, it seems, on the fact that a portion of the mou was jointly tendered by ril and rnrl and apperception of the division bench that under the psc, ril is entitled to a physical share of natural gas, as a part ..... gas from ril and supply the same, as ril would otherwise have done, for the power projects of rel.f) in the year 2003, ntpc had floated a global tender for supply of gas to its power projects to be located at kawas and gandhar in the state of gujarat. ..... . this court in numerous decisions has laid down that in the award of tenders and the distribution of national property and state largesse, the state is bound to ..... . in the meantime, in mid 2003 ril bid in response to an international tender floated by the national thermal power corporation and won the bid on the substantial terms that it would supply 12 mmscmd, for seventeen years, at a well head price of usd 2.34/ ..... . there is a certain legal sanctity associated with it, in the first place, in the form of presumptions that flow from sections 193, 194 and 195 of the companies act, 1956 that they are .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... an integrated whole, constitute the gas based energy undertaking of ril.1.12 gas based energy undertaking' as described in item (i) of sub-clause (f) of clause a of the preamble means 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 ..... experienced parties engaged in a similar activity under similar circumstances and conditions.8.3(f) establish and submit to the management committee for approval appropriate criteria and procedures including tender procedures for the acquisition of goods and services as provided in article 23.2 and for the purchase, lease or rental of machinery, equipment, assets and ..... which, under the compromise or arrangement, are to be allotted or appropriated by that company to or for any person;(iii) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company;(iv) the dissolution, without winding up, of any transferor company;(v) the provision to be made for any persons who, within such time and in ..... or other benefits received including in particular any securities acquired or received by the demerged company in the company comprised in the gas based energy undertaking shall, without any further act, deed, matter or thing be demerged from the demerged company and be and stand transferred to and vested in or shall be deemed to be transferred to and vested .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad243
..... himself is empowered to make regulations for the peace and good government of any excluded area or of partially excluded area in a province, and by such regulations he is authorised even to repeal or amend any act of the dominion legislature or of the provincial legislature of any existing law applicable for the time being to the area in question but subject to the condition that such regulations are forthwith submitted to the governor general ..... their lordships are unable to see that there was any valid objection, in point of legality, to the governor-general's ordinance taking the form that the actual setting up of a special court under the terms of the ordinance should take place at the time and within the limits ..... petitioners, laid emphasis on the preamble and urged that the word 'expedient' did not occur in the section, and the governor could not seek justification to amend the act by relying upon expediency. ..... the clause we at one stage thought that this might apply only to validate the further steps that were taken after 12th march 1918 in respect of orders of detention passed under the original act before that date. ..... ordinance is as follows;'no order of detention made in respect of any person in pursuance of any of the foregoing provisions at any time, whether before, on, or after, 12th march 1918, shall be deemed to be invalid or unlawful or improper on the ground of any defect, vagueness or insufficiency, or any delay, in any communication made to such person under this act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad410
..... legislature of any self-governing dominion may at any time repeal all or any of the enactments relating to copyright passed by parliament (including this act) so far as they are operative within that dominion; provided that no such repeal shall prejudically affect any legal rights existing at the time of the repeal and that, on this act or any part thereof being so repealed by the legislature or a self-governing dominion, that dominion-shall cease to he a dominion to which ..... in the collection of stories 'hungry stones and other stories' and 'mashi and other slories' originally published in 1916 and 1918 respectively (the latest editions of which were those of 1950 and 1952 and which were filed as ex. d. ..... the preamble to act iii of 1914, set out 'whereas it is expedient to modify and add to the provisions of the copyright act, 1911, in its application to british india' section 3 enacted :'in the application to british india of the copyright act (a copy of which act, except such of the provisions thereof as are expressly restricted to the united kingdom, is set out in the first schedule) the following modifications shall ..... the preamble to the indian enactment runs 'whereas it is expedient to modify and add to the provisions of the copyright act, 1911 in its application to (provinces of ..... parliament, but, as the preamble sets out it was a constitution which the people of india gave to themselves, there was thus a radical departure from the past so far as the origin of the constitution .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad171
..... as the hereditary village officers are concerned, the proceedings of the subordinate officers (sub collector, deputy collector and assistant collector) could be interfered with only in the manner provided under section 23 of the act either by the district collector or by the board of revenue and if the order passed by the subordinate officer is not covered by the provision under section 23 that order itself is final and ..... officer has jurisdiction to set it aside under regulation vii of 1828 (the madras subordinate collectors and revenue malversation amendment regulation 1828) read with section 38 of the madras revenue recovery act elaborate arguments were advanced before us about the precise scope of the decision in both the full bench cases, as to the relative jurisdiction and powers of the sub divisional officer the ..... the purpose of the regulation as indicated by the preamble was to empower subordinate, deputy and assistant collectors to exercise within their divisions all the powers of the collector with regard to cases and proceedings ..... provides that if the defaulter makes a tender of the arrears before the date of ..... the board of revenue which in the exercise of its general powers of supervision directed the collector to cancel the sale which was accordingly cancelled by him; the legality of the subsequent order passed by the district collector was canvassed in a civil suit under section 59 of the act ..... ayyangar, ilr 41 mad 955 : (air 1918 mad 92) and the following observations at .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad269
..... in favour of another, the endorsee need not procure a succession certificate in favour of the widow before instituting a suit on the note as the widow though she did not obtain the right given under the act by survivorship, did not also obtain her right by inheritance either and might be regarded'as a survival of the husband's persona in the wife giving her the same rights as her husband had except that she ..... kashi nath' : air1943all188 , wherein it was said: 'the act was intended to give better rights to women in respect of property -- that is the preamble to the act -- but there is no indication that the act intended to interfere with the established law relating to joint family ..... they never questioned its validity in law and there was no occasion also where its legal effect could be questioned also till the unfortunate tragedy near the sultan's battery on 13-2-1949 after which the 5 daughters of ananda rao took possession of the estate and of the sandhya ..... further, in the year 1916, he retired on pension from the district registrar's post; and in the year 1918, when his first wife munamma died, he married again (a second wife) named kaveri alias radhamma and he has been living with her in a separate house at the said place, ..... would not be proper to consider whether each fact or document is sufficient to rebut or make out jointness or division and what is necessary is to take into account the cumulative or converging effect of all the documents and oral evidence so tendered. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad265; (1960)2MLJ121
..... "private" trusts the beneficial interest is vested absolutely, in one or more individuals who are or within a certain time may be, definitely ascertained and to whom therefore collectively, unless under some legal disability, it is, or within the allowed time will be, competent to control, modify, or determine the trust.a public or charitable trust on the other hand has for its object the members ..... study. i think that the question whether the suit institution is a "temple" within the scope and definition of section 6(17) of the madras hindu religious and charitable endowments act (xix of 1951), which is the crucial issue before us, is one that cannot be satisfactorily determined if we are to leave out of account, particularly when we remember that the foundation or dedication ..... ., that on her death her son should perform her last obsequies and cremate her and not leave her to the tender mercies of the hostile nambudiri reversioners.it is said that sri sankaracharya when the moment of his mother's death came to be known to him by his foresight, he managed to be at the ..... has construed the long title and preamble to the act which runs as follows:-"an act to provide for the better administration and governance of hindu religious and ..... the issues have to be found as follows : under issue i that the sri mathrubhutheswarar shrine is not a temple within the meaning of act xix of 1951 and is only an adjunct of the sri ramanasramam, a public religious trust; under issue 2 that the orders ..... 1918 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC149; [1959]35ITR190(SC); 1959Supp(1)SCC528; [1959]Supp1SCR528
..... it is the general rule that a person may waive any matter which affects his property, and any alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled, whether secured by contract, conferred by statute, or guaranteed by constitution, provided such rights and privileges rest in the individual, are intended 'for his sole benefit, do not infringe on the rights of others, ..... reference to the extent to which the existing law relating to, and procedure for, the' assessment and collection of such taxation is adequate to prevent the evasion thereof ; (b)to investigate in accordance with the provisions of this act any case or point in a case referred to it undersection 5 and make a report thereon (including such interim reports as the commission may think fit) to the central government in respect of all or any of ..... we think that the rights described as fundamental rights are a necessary consequence of the declaration in the preamble that the people of india have solemnly resolved to constitute india into a sovereign democratic republic and to secure to all its citizens justice, social, economic and political ; liberty ,of ..... with british jurisprudence no member of the executive can interfere with the liberty or property of a british subject except when be can support the legality of his act before a court of justice that apart, the very language of art. ..... the commission to tender immunity from prosecution and to withdraw such tender. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC430; [1972]86ITR417(SC); (1972)2SCC704; [1973]2SCR134
..... the following question was referred to the high court of calcutta by the income-tax appellate tribunal (hereinafter called the 'tribunal') under section 66(1) of the income-tax act, 1922 :whether on the facts and in the circumstances of the case and on a proper construction of the terms of the relevant contracts the sales covered by the bills of lading in the name of ..... of the goods to the carrier is, according to the express terms of section 32 only 'prima facie deemed to be a delivery of the goods to the buyer'; and under section 28 of the sale of goods act, as under the common law (an exposition of which will be found in the judgments of the members of the exchequer chamber in the old case of startup v. ..... any reasonable time; and it is wrong to say that he must defer the tender of the bill of lading until the ship has arrived; and it is still more wrong to say that he must defer the tender of the bill of lading until after the goods have been landed, inspected and accepted.by a reference to section 32 of the sale of goods act (corresponding to section 38 of the indian sale of goods act) kennedy l.j. at p. ..... under clause (1) of this contract the amount of tax payable under the bengal raw jute taxation act, 1941 is to be on the seller's account and to be deducted by the buyers from the price quoted for 'payment, to the provincial government in the prescribed manner unless at the time of concluding ..... we have referred, observed :two further legal results arise out of the shipment. ..... 1918 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad12; (1950)IIMLJ818
..... ) the judicial committee while recognising that a mere agreement for the sale of land, though it affected the land was exempt from registration and therefore freed from the prohibition in section 49 by reason of section 17(2)(v) of the act, held that an unregistered sale deed which purported to create an interest in land was inadmissible in evidence to prove the contract of sale contained therein ina suit for specific performance. ..... laid down that the agreement to grant a lease was itself a transaction affecting immoveable property, as such agreement created an equitable interest in the property in favour of the promisee and the two-fold distinction of equitable and legal ownership of property obtaining in englandwas adopted by the learned judge and that is, in effect, the basis of the judgment of the full bench. ..... the attempt, therefore, in that case being to establish an agreement to sell, it followed that it was tendered as evidence of a transaction affecting immovable property and could not, therefore, be admitted in evidence without registration. ..... the word 'agreement' is used not merely in the preamble but twice again in the body of the document and seems designed deliberately to emphasise such purpose. ..... 596: (a.i.r.1918 mad. ..... (5) 1918 mad. ..... (5) 1918 mad. ..... (5) 1918 mad. ..... (5) 1918 mad. ..... (5) 1918 mad. ..... (5) 1918 mad. ..... r.1918 mad. ..... 1918 mad. ..... 1918 mad 393) which has stood the field for the last about three decades and more. ..... 1918 mad. .....
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