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Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1968Cal407,72CWN440

..... it may be unlawful and violent involving criminal offences.120. surrounding or encircling or be setting and thereby putting the subject of that act under restraint, may or may not be by committing an act of trespass on property, but inevitably results in wrongful restraint and even wrongful confinement, which are offences defined and punishable by indian penal code.121 ..... to equality before the law and equal protection of the laws may be replaced by the doctrine of classification.'also, in the case of writ petition no. 230 of 1966 (unreported)=(since reported in : [1967]3scr525 subba rao c. j. observed;'the doctrine of equality before the law is a necessary corollary to the high concept of ..... or furtherance of a trade dispute was not indictable as a conspiracy if such act when committed by one person would not be punishable as a crime. on this point, reference was made to a recent decision of the queen's bench division in (1966) 2 all er 133. in that case something, very much like a 'gherao .....

Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

..... carnatic co. ltd., etc., 1969 (2) scc 55, the challenge was to the madras urban land tax act, 1966. a contention was raised that the impunged act fell in schedule vii, list i, entry 86 as the impugned act was, both in form and substance, taxation of capital and, hence, beyond the competence of the state legislature ..... legislative field it would follow that other fields in the legislative lists must be construed to exclude this field so that there is no possibility of legislative trespass. further, with respect to the exclusive legislative powers of the parliament and the states, their lordships have held thus: "49. under the three lists ..... . 22. mr. a.s. chandhiok, learned additional solicitor general, countering the aforesaid submissions, has contended that by virtue of the amendment incorporated by the finance act, 2010, the levy is on the very activity of renting, leasing, letting, licensing of the immovable property or permitting the immovable property through any arrangement whatsoever .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... on the right to development adopted by the world conference on human rights and article 18 of the united nations covenant on civil and political rights, 1966, it was held:'it is trite that having regard to article 13(1) of the constitution, the constitutionality of the impugned legislation is required to ..... in alaskan waters and exceeding 400 gt to demonstrate proof of financial responsibility for oil spills occurring in alaskan waters. the effective date of the financial responsibility act is 1, september 2000.proof of financial responsibility must be established for non-tank vessels operating in alaskan waters in the following amounts: (a) for ..... ship having regard to the ramification in international law can sail without such insurance. apart from the 1952 brussels arrest convention, the merchant shipping (oil) pollution act, 1961 makes insurance compulsory.41. as would be noticed hereinafter, p&i; insurance cover to call at major ports in india is new a statutory requirement,changing .....

Dr. Chhotalal Jivabhai Patel Vs. Vadilal Lallubhai Mehta and ors.

Court : Gujarat

Reported in : (1971)12GLR850

..... legislation as in the present case, where jurisdiction to try an election petition is conferred for the first time by the representation of the people (amendment) act, 1966, an order made by a single judge in the exercise of such new jurisdiction would not be subject to the appellate jurisdiction possessed by this high ..... section of itself, yields any necessary implication that there should be no appeal against intermediate orders.24. the necessary implication from an express provision of the act may also arise by reason of the application of the maxim expression units, exclusion alter us. the legislature may, by inclusion units exhibit an intention to ..... a provision which would otherwise be applicable was held excluded by reason of inconsistency with the necessary implication arising from an express provision contained in the act. in the present case it is difficult to find any inconsistency or disharmony between the existence of a right of appeal against intermediate orders under clause .....

Keshav Prasad Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1967Raj24

..... 39 which reads as follows:description of suitperiod of limitationtime from which period begins to run'39. for compensation for trespassupon immovable property.three yearsthe date of the trespass'.21. now, speaking for ourselves, we are not at all sure that a ease of this character wherein certain immovable property of the plaintiff was taken possession ..... to ourselves, we would have granted a certain amount of compensation to the plaintiff under the principle enshrined in sub-section (2) of section 22 of the act of 1909 instead of under the heads of physical and mental harassment or incidental expenditure incurred over correspondence as held by the court below, we do not ..... to do so, in our considered judgment, should be considered as a factor to his advantage rather than to his detriment.bearing the principles enshrined in the act as determinative of the amount of compensation permissible which we think should be held as applicable to the present case as a matter of justice, equity and good .....

1. Mrs. Kailash Suneja (C.W. No. 5220 of 1993 and C.M. No. 1988 of 199 ...

Court : Delhi

Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)

..... cal) .elaborating on the points as to how the appropriate authority should appreciate the principles of valuation and how the expects them to act, learned senior counsel referred to cwt v. v. c. ramachandran : [1966]60itr103(kar) . in that case the court took the view that the appropriate method of valuation is to capitalise the annual rent ..... . air india v. nergesh meerza : (1981)iillj314sc .8. hari chand sarda v. mizo district council : [1967]1scr1012 .9. hari krishna bhargav v. union of india : [1966]59itr243(sc) .he also submitted that arbitrariness in state action is vocative of article 14 of the constitution of india, when we are governed by rule of law, which should ..... high courts, had stuck to its stand without taking into account the well-settled principles in fixing the fair market value.in krishnakumar agarwal v. appropriate authority [1966] 217 itr 274 the division bench of the gujarat high court consisting of rajesh balia and m. b. shah jj. rendered the judgment on september 19, .....

Sreeranganathan K.P., Sreepadam Vadakkkekkottaram (H) and Others Vs. t ...

Court : National Green Tribunal Principal Bench New Delhi

..... officer in his letter to the tahsildar has explicitly stated that the aforesaid k.j. abraham had illegally reclaimed 3.56 hectares of land and has also trespassed into 8.87 acres of government land. it is further stated in the above letter that the reclamation of the nilams/paddy fields is done by mining ..... mosquitoes, leeches, pythons and in the locality skin affections in the people have made life very difficult. there are many instances of leeches entering the nostrils of cattle resulting in their death. if the project complies with the condition in environment clearance, it could be executed whereby water logging can be removed, the remaining paddy ..... the effect that construction of the airport is in violation of the provisions of the kerala conservation of paddy and wet land act, 2008, kerala land reforms act, 1963, environment protection act, 1986, land acquisition act etc are false and denied in toto. in any event, the present tribunal is not concerned with alleged violations of state .....

Tradesvel Security Services Pvt. Ltd. Vs. State of Maharashtra

Court : Mumbai

Reported in : (1982)84BOMLR608

..... attended for work.151. in mangalore ganesh beedi works v. union of india : (1974)illj367sc , the validity of the beedi and cigar workers (conditions of employment) act, 1966 was questioned. while discussing the question of master and servant relationship between the. beedi manufacturers and the beedi workers, the court referred to its earlier decision in silver ..... thinks fit, danger to the public health could be effectively avoided.100. the provision which was challenged there was the one requiring the owner of a dead cattle to remove the carcass to an appointed place at his own cost or with the help of the municipal corporation by paying the prescribed fee. the provision ..... their terms and conditions of employment and welfare, through the establishment of a board therefor, and for matters connected therewith.10. by section 1 of the act, the act is made applicable to the whole of the state. however, it is also provided that whereas it will come into force in greater bombay and thane district .....

Rani Sundarammani Vs. Govt. of A.P., Revenue Department and ors.

Court : Andhra Pradesh

Reported in : 2006(5)ALD184; 2006(4)ALT374

..... land in an estate other than private land but does not include-(a) beds and bunds of tanks and of supply, drainage surplus or irrigation channels;(b) threshing floor, cattle-stands, village-sites, and other lands situated in any estate which are set apart for the common use of the villagers;land granted on service tenure either free of rent ..... , are that punganoor zamin estate was notified on 07-09-1950 and was finally taken over by the government, under the a.p. estates (abolition and conversion into ryotwari) act (act 26 of 1948), on 22-07-1952. when the zamin was notified and taken over a representation was submitted by the zamindar to the government on 17-11-1952 stating ..... was a big block of forest, there were no ridges or any manner of demarcation showing enjoyment of each individual, that the same was the position on 11-06-1966 when location work was taken up by the ex-circle office, chittoor and taluk surveyor along with the tahsildar, punganur and that it was found not to be ryoti .....

Virender Kumar Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC496

..... 2.*2. see for e.g. : -karnataka town and country planning act, 1961; maharashtfa regional and town planning act, 1966; bombay town planning act, 1954; the travancore town and country planning act, 1120; the madras towil planning act, 1920; and the rules framed under these statutes; town & country planning act, 1971 (england & wales); encyclopaedia americana, volume 22 page 240; ..... andrew parker (1954) 99 law ed 27: 348 us 26:.they may also suffocate the spirit by reducing the people who live there to the status of cattle. they may indeed make living an almost insufferable burden. they may also be an ugly sore, a blight on the community which robs it of charm, ..... relied on by shri v.c. mahajan renders little assistance to the respondents. in that case, this court, while declaring section 203 of the haryana municipality act, 1973, as violative of article 14 of the constitution, has given effect to the judgment prospectively. the reasons given in the judgment are eloquent. the municipalities .....