Court : Supreme Court of India
..... that the company which holds lands on the date of the commencement of the amendment act and which is disentitled to hold lands under sub-section (1), shall within ninety days from the said date furnish to the tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may be prescribed; and which acquires such land after the said date shall also furnish a similar ..... collector of customs and central excise, cochin and ors. ..... the forty fourth amendment act, inserted in part xii, a new chapter: chapter iv - right to property and inserted article 300a, which reads as follows:- no person shall be deprived of property save by authority of law ..... we are of the considered view that the acquisition act, in this case, as rightly contended by the state, primarily falls under entry 18 list ii, since the dominant intention of the legislature was to preserve and protect roerichs' estate covered by the provisions of the land reforms act, on the state government withdrawing the exemption in respect of the land used for linaloe ..... rasheed & others (2004) 4 scc 460, south india corporation (p) ltd. ..... and another (2004) 6 scc 36; bhuwalka steel industries ltd. ..... national textile corporation (maharashtra north) ..... of india & others (2004) 4 scc 311, malpe vishwanath achraya & others v. ..... & another (2004) 3 scc 1, printers (mysore) ltd. v. m. ..... (2004) 10 scc 796; bihar state electricity board .....
Tag this Judgment!Court : Mumbai
..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned by a current budgetary grant, is ..... clear that the petitioners corporation has taken their usual decision, as they used to take since long to provide this exgratia payment to all the employees, including temporary, ad-hoc and covering period of leave, without pay, absence without leave, the period of suspension, if any and on the basis of actual days of workings, by taking note of their services, this itself shows as per the regular practice, they always take decision to grant this exgratia ..... to grant the same by entering into agreements after due negotiations on various aspects and lastly since 2004-2005 till 2010-2011 without entering into any kind of agreement. ..... from taking action under section 520b and 520c with which it is empowered under the amendment carried in 1972 in the act? ..... as the textile mill was public utility industry and as no notice had been given to the management, the apex court thereby upheld the lost of benefit of holidays ..... chapter v deals with the illegal strikes and .....
Tag this Judgment!Court : Mumbai
..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned by a current budgetary grant, is ..... clear that the petitioners corporation has taken their usual decision, as they used to take since long to provide this exgratia payment to all the employees, including temporary, ad-hoc and covering period of leave, without pay, absence without leave, the period of suspension, if any and on the basis of actual days of workings, by taking note of their services, this itself shows as per the regular practice, they always take decision to grant this exgratia ..... to grant the same by entering into agreements after due negotiations on various aspects and lastly since 2004-2005 till 2010-2011 without entering into any kind of agreement. ..... from taking action under section 520b and 520c with which it is empowered under the amendment carried in 1972 in the act? ..... as the textile mill was public utility industry and as no notice had been given to the management, the apex court thereby upheld the lost of benefit of holidays ..... chapter v deals with the illegal strikes and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... coming now to golak nath's case, the petitioner had challenged the validity of the constitution (seventeenth amendment) act, 1964 which included in the ninth schedule, among other acts, the punjab security of land tenures act, 1953 (act 10 of 1953), and the mysore land reforms act (act 10 of 1962) as amended by act 14 of 1965.40. ..... voting, it shall be presented to the president who shall give his assent to the bill and thereupon the constitution shall stand amended in accordance with the terms of the bill : provided that if such amendment seeks to make any change in- (a) article 54, article 55, article 73, (a) article 54, article 55, article 73, article 162 or article 241, or article 162 or article 241, or (b) chapter iv of part v, chapter v (b) chapter iv of part v, chapter : v of part vi, or chapter i of part xi or of part vi, or chapter i of part xi or (c) any of the lists in the seventh (c) any of the lists in the ..... . rau, constitutional adviser, sent a questionnaire along with a covering letter on march 17, 1947 to the members of the central and provincial ..... alone (he said "i presume that if at any time this legislature chooses to nationalise industry, and take control of it, whether it be all the industries or any particular class of it, such as the textile industry or mines, it will be open to it to pass a law and to frame the principles for such purpose, and those principles will be invulnerable in any ..... . its gods are locked in constant internecine conflict .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... to the facts in the present case, on the date when the suit was decreed, the amended provisions relating to the pecuniary jurisdiction of appellate court as also the forum came into existence and therefore, the decision on the other hand, supports the case of the appellants rather than defendant and therefore, it has to be held that inasmuch as the amended civil court act did not specify that the provisions would effect the pending cases, it has to be only ..... in that case, collector of customs acting under excise tariff act, 1902 called upon the appellants to pay certain excise duty basing on the quantity of sugar. ..... we accordingly hold that the high court was right in its view that the case was covered by the new act, and delay for a longer period than six months could not be condoned. ..... on 5.5.1952 the appellant appliedto be put in possession, thereupon a notice was issued under section 27(1) of the central act xxxi of 1950 to the appellant to show-cause why the order of the additional custodian dated 20.3.1952 should not be set aside. ..... ' under section 32(g) of chapter 4 of act 46 of 1999, all those appeals admitted prior to the act coming into force were saved. ..... the reference to a full bench has arisen because of an objection taken to the hearing of this appeal by a single judge pursuant to the amendment of rule 1(b), chapter i, part i of the high court rules. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... chapter iv covers potentially sick industrial companies, misfeasance proceedings, appeals and other miscellaneous matters with which the court is not concerned in the present case except section 32 which gives `overriding effect' to the provisions of the act. ..... section 45-a of the banking companies act (introduced by the amending act of 1953) and section 13 of the displaced persons act, 1951 both contained a non-obstante clause stating that certain provisions of the act shall have effect 'notwithstanding anything inconsistent therewith in any other law for the time being in force ..... section 19 of the slum areas (improvement and clearance) act, 1956 (as amended by act 43 of 1964) provided that proceedings for eviction of tenants could not be taken without permission of the competent authority 'notwithstanding anything contained in any other law for the time being in force' ..... section 14-a as inserted by the amendment act conferred a right on a landlord to recover immediate possession of any premises let out by him in case he was required to vacate any residential premises allotted to him by the central government or by a local authority. ..... the proposed auction sale was, therefore, cancelled till the drt by its order dated 27.10.2004 allowed the auction sale to proceed but restrained the recovery officer from confirming the same till further ..... was the case of the company that due to overall recession in textile industry, the company suffered huge loss and could not repay the amount of loan. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... the commission in collecting such enormous data - primary and secondary; can be found in chapter i and other relevant annexures of muralidhara rao report. ..... courts have interpreted equal protection clauses of the fifty amendment and fourteenth amendment (amendment v no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war ..... any classification by the state benefiting minorities and/or racial groups must not only be valid classification under fifth and fourteenth amendment due process clause, but should also be demonstrated (before the court by producing acceptable evidence), that such racial classification is narrowly tailored for compensating past injury due to discrimination and/or is aimed at meeting a situation ..... supreme court was dealing with constitutional compliance (compliance with fourteenth amendment) of admission programme of university of michigan's college of literature, science and arts in automatically awarding twenty points to applicants belonging to ..... directed all departments of the government to make necessary amendments to the rules and other instruments, in that regard. ..... all the classes among the populace will be covered and that is the central idea. ..... on 18-11-2004 while exercising powers conferred by section 3 of the andhra pradesh commission for backward classes act, 1993 (act 20 of .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... act, then, it may publish a notice in the official gazette, and in such other manner as maybe determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification, and after giving hearing to any such persons, submit the proposed modifications (with amendments ..... pointed out that some 15 textile mills are proposing to take up large communication from the moef to the government of maharashtra drawing attention to the eia notification of 7th july 2004, said this notification would also cover construction projects which were ..... and specified by the commissioner; andiii) as a part of package and measures recommended by bifr for revival/rehabilitation of potentially viable sick and/or closed mill.iv) the commissioner may allow utilisation of existing built up areas for the cotton textile or related trade, for diversified industry or commercial purposes;v) then, follows permission for utilising open lands and balance floor space index.n) thus lands of sick and/or closed cotton ..... central mumbai, jump start growth and development in general, and provide employment, and would aid in generation of higher property taxes, water taxes, electricity dues, income tax (as ..... and 57 in its behalf and also has referred to the definition of the expression 'existing land use map' in section 2(12) and chapter iv of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... say offences against the state specified in chapter vi of the said code);.shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest magistrate or police officer of such commission or intention;thus, by his illegal omission to apprise the police or magistrate of the design of afzal and other conspirators to attack the parliament which is an act of waging war, the appellant shaukat ..... union territory known as the national capital territory of delhi with effect from the date of commencement of the constitution (69th amendment act), the central government alone is the competent authority to accord sanction. ..... , the prosecution has placed reliance on the evidence of pw45 who is the landlord of shaukat to prove that not only afzal but also the deceased terrorists used to come to shaukat's residence on the first floor a few days before the incident.the prosecution also relied on another circumstance, namely, that shaukat had accompanied afzal to the shop of pw49 on 4th december, 2001 to purchase a motorola make mobile phone ..... needs to be clarified that insurrection is only illustrative of the expression 'war' and it is seen from the old english authorities referred to supra that it would cover situations analogous to insurrection if they tend to undermine the authority of the ruler ..... : (2004)11scc585, it is not always possible 'to give affirmative evidence about the date of formation of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD775; 1998(3)ALT310
..... of the 1st amendment act of 1951, clause 4 in article 15 was introduced to the affect-nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes ..... private school' means a school which is not run by the central government administrator, a local authority or any other authority designated or sponsored by the central government, administrator or a local authority; clause 2(s), 'public examination' means an examination conducted by the central board of secondary education, council for indian school certificate examinations or any other board which may hereafter be established for the purpose and recognised by the administrator or any other officer authorised by him in this behalf; clause 2(t) 'recognised ..... addressed a letter to the registrar (judicial) stating that the writ petition is covered by a judgment of division bench of this court consisting of justice linga raj rath and justice c.v.n sastry, and requested the office to post the above writ petition for orders before the bench ..... the facts of the case are that the technological institute of textile and science at bhiwani in the state of haryana is running a technical institute ..... under chapter (vii) of the act the management of the schools can be taken over by the administrator ..... chief minister on the floor of the assembly on ..... the year 2004. 37 .....
Tag this Judgment!