Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... once chapter v of the 1927 act being worded in a manner so that all forests and lands not being the properties of the government came within the prohibitory and regulatory measures, then, taking the object of 1927 act and chapter v thereof ahead, the state government in this case, defined 'private forest' widely. ..... by the 42th amendment, article 48a was introduced in the constitution where under the state is under a constitutional obligation to endeavor to protect and improve the environment and to safeguard forests and the wild life of the country. ..... section 2a reads thus:2a: construction of certain references to central or bombay acts: in the application of this act to any area of the state of maharashtra other than the bombay area thereof any reference to a provision of a central or bombay act shall, where no such act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force, in that area. ..... i say that prior to this, the revenue and forest department had issued circulars dated 16th december, 2004 and 1st january, 2005 in consonance with the orders passed by this hon'ble court in the said writ petition no. ..... the petitioners state that vide order dated 12th august, 2004 passed by this hon'ble court in company petition no. ..... 155 of 2004 burroughs welcome merged and amalgamated in gsk. ..... 496 of 2004 connected with company application no. ..... thus all assets, including the said property vested in gsk vide order dated 12th august, 2004.12. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... chapters ix, xi and xii contain provisions relating to winding-up and cancellation of registration of a society, to appeal, revision and review and offences and penalties, respectively; chapter x includes provisions relating to execution of decisions and decrees and to the power of the registrar to recover amounts and other provisions for recovery of debts due to a cooperative society; chapter xiii includes provisions relating to the financing banks and primary agricultural societies and matters connected therewith and incidental thereto; chapter xiii-a, inserted in the 1964 act by an amendment under ap act ..... part of the territory of india not included [in a state] notwithstanding that such matter is a matter enumerated in the state list.article 254: inconsistency between laws made by parliament and laws made by the legislatures of states(1) if any provision of law made by the legislature of a state is repugnant to any ..... with, or instituted against, the liquidator as such or against the society or any member thereof on any matter touching the affairs of the society except by leave of the registrar and subject to such terms and conditions as he may impose:provided that where the order of winding up is cancelled, the ..... central board of excise and customs, central board of revenue or the central board of direct taxes have been treated as admissable aids to construction, instruments and ..... 2004 granted interim stay of all further proceedings pursuant to the certificate dated 14-6-2004 .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)
..... under clause (a) of sub-section (3) every deposit accepted by a company at the commencement of the amending act of 1974, in accordance with the directions of the reserve bank of india under chapter iii-b of the reserve bank of india act, 1934, became liable to be repaid in accordance with the terms and conditions of the deposit unless renewed. ..... if a deposit was received by a company in contravention of the directions of the reserve bank of india under chapter iii-b of the reserve bank of india act, 1934 before the commencement of the companies (amendment) act, 1974, repayment was liable to be made in full by 1st april 1975. ..... , either on its own motion or on the application of the depositor, that it is necessary so to do to safeguard the interests of the company, the depositors or in the public interest, direct, by order, the company to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order:provided that the tribunal may, before making any order under this sub-section, give a reasonable opportunity of being heard to the company ..... the ambit of the expression 'public order' in the context of article 19(2) of the constitution fell for consideration in the superintendent, central prison v. dr. ..... these petitions have been placed before the full bench by the learned chief justice, in pursuance of a reference made on3rd september 2004 by a division bench. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... the act of 1994, even as amended in 2003, particularly, sections 12, 12-a, 22-a and chapter v-a leave no manner of doubt that mial performs the public functions and duties of the aai and exercises the powers of ..... series of well-known judgments of the supreme court it can be safely taken as a settled law that in the early stages of the evolution of constitution, principles of equality contained in article 14 came to be identified with the doctrine of classification because the view taken was that that article forbids discrimination and there would be no discrimination where the classification making the differentia fulfills two conditions i.e. ..... respect to the total turnover, the figures which were furnished by all including the petitioner no 1 and its partner ari were only for the years 2002-03, 2003-04 and 2004-05 and not 2005-06 as was alleged by the petitioners at the time of arguments. ..... the aforesaid committees are formed only for coordination purposes and for ensuring the smooth and efficient rendering of the services to be provided by the central government without any of the aforesaid committees making any dictate/order upon the respondent no 3 or in any manner interfering with the operation and management of the airport by the respondent no 3 ..... counsel submits that section 12 of the act delineates the functions of the authority and under section 12(3) thereof, the specific functions of aai have been ..... deputy excise and taxation commissioner : [1975]3scr254 ;(vii) bihar eastern .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant205
..... the kcca was enacted by the state legislature to achieve the directive principles of state policy as enshrined in article 39(b) and (c) of the constitution which is fundamental in character as held by the apex court in catena of cases which will be referred to in the reasoning portion of the order while dealing with the relevant point on this aspect and the same is defeated by the impugned action of the amended act. ..... have been registered under any enactment for the time being in force;(vi) ex-servicemen.the above provision confers power upon the rta to grant contract carriage permits subject to sub-section (3)(a) thereof which directs the central government to direct the sta and rta to limit the number of contract carriages to be fixed ..... counsel submitted that the scheme of nationalization in chapter iv-a of the motor vehicles act was given up the whole undertaking of the various operators was not acquired but what was acquired was certain assets, most of which ..... 8512-13/2004 seeking to strike down the provision of section 3 of the act of 9/2003 wherein it has repealed the provisions of kcca act, by urging various legal grounds placing reliance upon the various decisions of the constitutional bench and other cases of the apex court to show that the repeal act is unconstitutional and, therefore, the same ..... expanded concept of the locus standi and also in view of the finding of the division bench of the high court that the order of the excise commissioner was passed in violation of law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money or for ..... 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 ..... 14a and chapter iiia having been enacted with effect from december 1, 1975 are later enactments in reference to section 19 of the slum clearance act which, in its present form, was placed on the statute book with effect from february 28, 1965 and in reference to section 39 of the same act, which came into force in 1956 when the act itself ..... 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 ..... in between, the appeal preferred by the respondent-company (no.52 of 2004) before the drt under section 30 of the rddb act was allowed and the auction sale was set aside, but the final order passed by drt, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118
..... a notification under clause (a) of sub-rule (3) of rule 5 of the environment (protection) rules, 1986 inviting objections from the public within sixty days from the date of publication of the said notification, against the intention of the central government to impose restrictions and prohibitions on the expansion and modernization of any activity or new projects being undertaken in any part of india unless environmental clearance has been accorded by the ..... . rules 31 to 41 contained in chapter v of the mineral conservation and development rules, 1983 framed under section 18 of the mmrd act deal with the measures required to be taken by the lessee for the protection of environment from any adverse effect of mining or irreversible consequences thereof ..... . rule 22(5) was inserted in the rules by notification dated 27th september, 1994 to which certain amendments were made in terms of notification dated 17th january, 2000 also inserting by same notification rule 22(4a) ..... . this court has repeatedly said that the right to live is a fundamental right under article 21 of the constitution and it includes the right to of enjoyment of pollution-free water and air for full enjoyment of life ..... . the most vital necessities, namely, air, water and soil, having regard to right of life under article 21 cannot be permitted to be misused and polluted so as to reduce the quality of life of others .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512
..... law having regard to the declaration 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 be considered on the basis of ..... act, 1917 (as amended in the year 1977), the merchant shipping act, 1956 (as amended in 1983) and multimodal transportation of goods act, 1993 (as amended in 2000) and in that view of the matter the pedantic and regressive ..... consignee or assignee of any bill of lading of any goods carried into any port in england or wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship, unless it ..... the countries which have ratified the convention are as follows:'algeria, antigua and barbuda, bahamas, belgium, belize, benin, burkina faso, cameroon, central african republic, comoros, congo, costa rica, cote d'ivoire, croatia, cuba, denmark, ..... date of withdrawal.clause 5 provides that scopic remuneration is to be calculated by reference to an agreed tariff of rates that are profitable to salvers, calculated by reference to the horsepower of the salvage tug/s ..... chapter iv of the inland vessels act provides for a compulsory insurance in terms whereof chapter viii of the motor vehicles act .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR215; 2008BusLR269(Bom); [2009]151CompCas548(Bom); [2008]82SCL460(Bom)
..... -tax officer shall refer the case to the inspecting assistant commissioner, who shall for the purpose, have all the powers conferred under this chapter for imposition of penalty.pending reference, section 274(2) came to be amended with effect from 1/4/1971 by the taxation laws (amendment) act, 1970 and it read as under:notwithstanding anything contained in clause (iii) of sub-section (1) of section 271, if in a case falling under clause (c) of that sub-section, the amount of income (as ..... (e) article 20(1) of the constitution read with section 6 of the general clauses act, 1897 must lead to the conclusion that all the proceedings and the rights, privileges, obligations accrued/arising within sections 24 and 26 of the sebi act, 1992 have remained in-tact and cannot be disturbed by the sebi amendment act, 2002 which is prospective in operation and it cannot be made ..... in the case of rao shiv bahadur singh (supra) constitution bench held that what is prohibited article 20 is only conviction or sentence under 'ex post facto' law and not the trial thereof. ..... however, as per the amended section 26(2) no court inferior to that of a court of session shall try any offence punishable under the said act and no court shall take cognizance of any offence punishable or any rules or regulations framed thereunder, save on a complaint made by the board, thereby deleting the words 'with the previous sanction of the central government' from sub-section (1) of section ..... : (2004)5scc551 (2) rosy and anr. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1406
..... of rule 3 of the jute cess rules amended rules 9 and 49 of the central excise rules and eligibility of excise duty on jute yarn manufactured by the ..... relax the minimum qualifications of teachers of the purvanchal university or any affiliated college thereof whereas those have to be adhered to for the teachers to be appointed in the university of gorakhpur or colleges affiliated thereof and, therefore, the applicability of the aforesaid phrase must necessarily mean and govern the statutes of the university of gorakhpur and because the first statutes of purvanchal university having not yet been framed, the statutes ..... the president as the maharaja of jammu and kashmir acting on the advice of the council of ministers for the time being in office under the maharaja's proclamation dated the fifth day of march, 1948;(c) the provisions of article 1 and of this article shall apply in relation to that state;(d) such of the other provisions of this constitution shall apply in relation to that state subject to such exceptions and modifications as the president may by ..... claims tribunal shall have all the powers of a civil court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes an may be prescribed; and the claims tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the criminal procedure code, .....
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