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Gauri Shankar Gaur and Others, Etc. Vs. State of U.P. and Others

Court : Supreme Court of India

Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; [1993]Supp1SCR667

..... opinion that neither the repeal of the punjab alienation of land act, 1900, nor the consequential removal of the fetters imposed by sections 14 and 23 have the effect of rendering the substantive provision contained in section 15 not available to those who satisfy its terms' sections 15 and 3(1) of the pre-emption act incorporated 'agricultural land' as defined in punjab alienation of land act, 1900, as amended by act 1 of 1907, without giving any right of mortgage, ..... tagged with special leave petition in which following order was passed:leave granted limited to the question as to whether the limitation provided in proviso to section 6 of the land acquisition act introduced by the amending act of 1967 is also applicable in the facts of this case in view of u.p. avas & vikas adhiniyam.from the order granting leave extracted above it is clear that the order ..... act and calcutta improvement act, is, therefore, recognised; despite the death of the parent act, its off spring survives in the incorporating act ..... was to consider whether calcutta improvement trust act, 1911 which in express ..... act 1894(act 1 of 1894), as amended in its application to uttar pradesh, with modifications specified in the schedule, is widely different from the language used in calcutta improvement trust act ..... act adopted by the calcutta improvement act the court on consideration of the provisions held that the effect of extensive modifications in the local act and schedule was, 'to enact for the purposes of the local act .....

Sheikh Gulfan and ors. Vs. Sanat Kumar Ganguli

Court : Supreme Court of India

Reported in : AIR1965SC1839; [1965]3SCR364

..... in construing the provisionswhich provide for exceptions to the applicability of beneficent legislation, iftwo constructions are reasonably possible, the court would be justified inpreferring that construction which helps to carry out the beneficent purpose ofthe act and does not unduly expand the area or the scope of the exception.therefore, we are satisfied that the court of appeal was in error in reversingthe conclusion of the trial judge that the present suits filed on ..... the appellants contested the respondent's claim on the ground that thelands in suits had been taken by their predecessors-in-title from the owner asthika tenants in or about the year 1900, and they alleged that they were inoccupation of the said plots after having built substantial structures on them.the appellants further claimed that they had themselves let out portions ofsuch structures to their ..... entrusted with powers to makecertain public improvements in the city, and for that purpose had beenauthorised compulsorily to take land, to raise money on the credit of it, andto sell superfluous land to pay off the debt, the act which gave them thosepowers did not expressly confer on the authorities to acquire more land thanwas absolutely necessary to effect the desired improvements; nevertheless thematerial provisions of the said ..... 43of the calcutta improvement act, 1911 (bengal act v of 1911) as amended up to1931. .....

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2008(6)SC542; 2008(7)SCALE476

..... since the applicant never submitted any proposal with the forest department for diversion of forest land for non-forestry use under the forest conservation act, 1980, therefore the director town & country planning asked the applicant vide letter dated 27.6.2006 to seek the diversion of forest land in khasra nos ..... prior to notification under section 4 of punjab land preservation act, 1900, the said land was not shown as forest in government records. ..... 9 to 16 of anangpur is notified under section 4 of punjab land preservation act, 1900 vide notification dated 18.8.1992. ..... the state of haryana, besides having filed affidavits in the forest matters treating such areas as forest for the purposes of the fc act has been seeking prior approval from the central government for diversion of such land for non-forestry purpose. ..... on the facts of the case, the mining activity in areas covered under sections 4 and/or 5 of the punjab land preservation act, 1900 cannot be undertaken without approval under the forest (conservation) act, 1980.4. ..... faridabad requesting the commissioner, faridabad, the administration haryana, urban development authority (in short the `huda') and the district town planner, faridabad forwarding list of area closed under sections 4 & 5 of the punjab land preservation act, 1900 (in short the `act'). ..... the controversy is in respect of certain leases where area under the lease is covered under notification issued under sections 4 and/or 5 of the punjab land preservation act, 1900. .....

Mr. Saeed Sohail Sheikh S/O Mr. Sohail Mehmood Sheikh and ors. Etc. Vs ...

Court : Mumbai

Reported in : 2009(111)BomLR3748; 2009(6)MhLj287

..... 29(1) of the prisoners act, 1900 lays down:29. ..... the learned advocate for the petitioners has referred to the wording of section 29 of the prisoners' act, as indicating that the only person who can transfer a prisoner from one jail to another within the same province is the inspector general of prisons; but by its very wording section 29 of the prisoners' act does not apply to an under trial prisoner; nor are we dealing with a transfer of a ..... order itself shows that it has been passed in exercise of the power conferred by sub-section (1) of section 29 of the prisoners act, 1900. ..... her reply, she stated that on 17th march, 2008 she submitted a letter to the special judge under mcoc act requesting transfer of accused persons in mcoc case nos. ..... submits that the lodging of prisoner has to be done under the prisoners act and the rules made thereunder. ..... therefore, neither section 29 of the act applies to the prisoner in question nor chapter xxxv of the jail manual applies to ..... in terms of section 29 of the prisoners act, rules have been framed in chapter xxxv of the maharashtra prison ..... 29 is under part vi of the prisoners act, titled 'removal of prisoners'. ..... counsel for the petitioners submits that under trial prisoner is not at all a prisoner within the meaning of section 29 of the act. ..... xxxv of the jail manual would apply to prisoner as defined in sub-section (1) of section 29 of the act. ..... 2(c) the 'prisoner' is defined as, 'means a prisoner referred to in sub-section (1) of section 29 of the act. .....

Surinder Singh Brar and ors. Vs. Union of India and ors.

Court : Supreme Court of India

..... sponsored by government or by any authority established by government for carrying out any such scheme, or with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860 (21 of 1860 ), or under any corresponding law for the time being in force in a state, or a co- operative society within the meaning of any law relating to co- operative societies for the time ..... public purpose of "residential-cum-commercial complex and for the construction of municipal park and public utility building scheme no.3"; notification no.a-32017/15/pi/91/28 dated 27.11.1991 issued under section 4 of the la act covering 56.14 acres of land in village manimajra, district chandigarh for the public purpose of "setting up nurseries".public purpose not defined:in the impugned notification the chandigarh administration has proposed to ..... bank of patiala ki rao where plantation had been started by the forest department should be declared as reserved forest under section 4 of the punjab land preservation act, 1900. ..... calcutta pinjrapole society (supra), the two-judge bench considered the amendment made in the act in 1923 and observed:as sub-section (1) stood prior to 1923 the words were subject to the provisions of part vii of the act, when it appears to the local government that any particular land is needed for a public purpose ..... calcutta ..... calcutta pinjrapole society air 1968 sc 615 and held that the declaration issued under section .....

The State of Maharashtra and ors. Vs. Saeed Sohail Sheikh

Court : Supreme Court of India

..... . it was all the same argued that if the provisions of the prisoners act, 1900 and the prisons act, 1894 did not empower the inspector general of prisons to transfer the undertrial, the only other mode of such transfer was with the permission of the court and pursuant to whose warrant of remand the undertrial ..... high court rejected the contention urged on behalf of the appellants that section 29 of the prisoners act, 1900 empowers the state government or the inspector general of prisons to transfer the undertrials ..... of the bombay central prison appears to have addressed a letter to the special judge under the maharashtra control of organised crime act, 1999 (hereinafter referred to as the mcoc act) requesting for permission to transfer accused persons in three different bombay blast cases being mcoc cases no.16/2006, 21/2006 and 23/2006 ..... that laid down the following test:"whenever anybody of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs."32 ..... . he argued that although section 29(2) of the prisoners act, 1900 permitted the inspector general of prisons to remove any prisoner from one prison to another in the state even if that power was not available qua undertrial prisoners, there was no impediment in such removal ..... 29 of the prisoners act, 1900 reads as under:"29 .....

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118

..... january 1992;and whereas all objections received have been duly considered by the central government;now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2), of section 3 of the environment (protection) act, 1986 (29 of 1986), read with rule 5 of the environment (protection) rules, 1988 the central government hereby prohibits the carrying on the following process and operations, except with its prior permission, in the areas specified ..... no.80(e) dated 28th january, 1993:and whereas all objections received have been duly considered;now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the environment (protection) rules, 1986, the central government hereby directs that on and from the date of publication of this notification in the official gazette expansion or ..... in august 1992, the forest department of haryana had issued a notification under the punjab land preservation act 1900, banning the clearing and breaking up the land not under cultivation, quarrying of stone... ..... on the facts of the case, the mining activity on areas covered under section 4 and/or 5 of punjab land preservation act, 1900 cannot be undertaken without approval under the forest (conservation) act, 1980.4. .....

Municipal Commissioner, Calcutta Municipal Corporation and Others Vs. ...

Court : Supreme Court of India

Reported in : 1996IAD(SC)929; AIR1996SC1108; [1996(74)FLR2571]; JT1996(2)SC355; 1996(4)KarLJ278; 1996LabIC955; 1996(1)SCALE518; (1996)7SCC266; [1996]1SCR831; (1996)3UPLBEC1557

..... prior to the constitution of the aforesaid corporation, there was in existence the calcutta corporation under the calcutta municipal act, 1951 and three other municipalities called jadhavpur municipality, south suburban municipality and garden reach municipality which had been constituted under the bengal municipal act. ..... education officer in the pay scale of 610-1270, (2) deputy education officer in the pay scale of 550-1470, (3) education officer in the pay scale of 660-1600 and (4) senior education officer in the pay scale of 1100 - 1900. ..... of the municipalities on 3.1.1984 and also those who have been appointed thereafter in the pay scales of the units and are continuing in service till date be placed in the comparable posts and pay-scales under calcutta municipal corporation as indicated by designations and pay scales under annexure-a, b & c respectively for jadhavpur, south suburban and garden reach units with effect from 1st day of july, 1985 subject to exercising option by individual employee ..... 35 of 1985-86 which was issued on 7th august, 1985 pursuant to the order of the administrator had been issued as there had been certain changes in designation and/or pay scales in respect of certain posts under the calcutta municipal corporation between the period from 4.1.1984 to 30.6.1985. ..... after the merger of the garden reach municipality with calcutta municipal corporation the question arose for posting the employees of the erstwhile municipality against any comparable post. .....

Punjab Urban Development Authority and ors. Vs. Dashmesh Educational S ...

Court : Punjab and Haryana

Reported in : (2005)139PLR238

..... deemed to have been sanctioned, as the same was not rejected in writing within the statutory period of 90 days of is submission as required under the provisions of the 1952 act and also sought permanent injunction restraining the defendants and their agents from interfering in any manner in the works undertaken by the plaintiff over the land and from demolishing the construction ..... section 5) nor any land within the 'controlled area' can be used for purposes other than those for which it was used on the date of notification under section 3 of the 1952 act, particularly such land cannot be used for the purposes of charcoal kiln, pottery-kiln, brick- kiln or for quarrying stone, bajri or kankar or for other similar extractions or ancillary operations ..... facts, however, were concealed in the present suit;(iii) the area in dispute is a 'controlled area' as declared vide government notifications dated february 27, 1953 issued under the act, therefore, the land cannot be used for the purpose other than the purpose for which it was being used on the date of afore-mentioned notifications; further as per the development ..... ) and attracts provisions of the indian forest act, 1900 (hereinafter referred to as the forest laws), therefore, no change of land use was permissible as provided under the forest laws and the state government ..... the limits of the local areas notified under section 3 of the punjab land preservation act, 1900, - vide punjab government notification no ..... act, 1900, indian forest .....

Blanche Fonseca Vs. Jupiter Airways Ltd.

Court : Mumbai

Reported in : AIR1953Bom417; (1953)55BOMLR473; ILR1954Bom1

..... down by the english courts has been followed in many subsequent decisions to refer only to a few of the important ones, in (1908) 2 ch 228 (a), it was held under section 5, english companies act, 1900, that it was not necessary that actual legal proceedings should be taken within the month allowed by section 5 as a condition of avoidance. ..... but this section in the indian companies act is an exact reproduction of section 5, english companies act, 1900, which is now section 49, english companies act, 1943, and in cases decided in england it has been laid down that it is not sufficient for an allottee merely to give notice of avoidance of the allotment but he must take legal proceedings promptly the earliest of such decisions ..... the words 'voidable at the instance of the applicant' may in this connection be contrasted with the language of section 19, contract act, which makes contracts 'caused by coercion, fraud or misrepresentation' voidable at the option of the party, and it supports the contention that in addition to giving a notice of avoidance, the allottee must approach the court to ..... ) 2 ch 228 (a) the notice or repudiation which was given under section 5, english companies act, 1900, which corresponded to section 102, indian companies act, is set out at p. ..... the time during which the legal proceedings should be taken is concerned, the calcutta high court has taken a view somewhat different from the view adopted by the english decisions; and in -- 'calcutta celluloid works ltd. v. .....