Court : Supreme Court of India
Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;
..... repealing and amending act is to excise dead matter, ..... is superseded by any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the provisions so re-enacted and when any central act or regulation, which, by notification under section 5 or 5 a of the scheduled districts act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and ..... effect unless it has, after having been reserved for the consideration of the president received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the president being obtained ..... 'captive generating plant', 'consumer', 'generating company' and 'tariff' were defined in section 2 of the 2003 act as under:(2) 'captive generating plant' means power plant set up by any person or association of persons or any co-operative society to generate electricity primarily for his own use or for the use of members, and includes the power plants that are permitted to sell the ..... 385):under our jurisprudence the government is not exempt from liability to carry out the representation made by it as to its future conduct and it cannot on some undefined and undisclosed ground of necessity or expediency fail to carry out the promise solemnly made by it, nor ..... some extent is possible to be stored and ..... 2004 .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3806; 2005(4)ESC2333
..... records, after the orders had been reserved on 19.9.2005 that these facts came to light and so on 23.9.2005 we directed the learned counsel appearing for noida to produce the file relating to 2004(1) scheme and also make available the ..... hon'ble supreme court observed:-'a court of equity, when exercising its equitable jurisdiction under article 226 of the constitution must so act as to prevent perpetration of a legal fraud and the courts are obliged to do justice by promotion of good faith, ..... i have in mind particularly the possible adoption in the future of the principle of 'proportionality' which is recognized in the ..... subhash chandra sinha : [1970]3scr963 while considering the cancellation of the entire examination because of use of mass copy considered the scope of the principles of natural justice in such a matter and observed:-'this is not a case of any particular individual who is ..... is a prima facie case calling for an investigation and looking to the peculiar facts and circumstances of the case, the nature of the inquiry to be done and the mighty people who are alleged to be involved, we are of the opinion that the matter should be referred to investigation by the central bureau of investigation (cbi) at ..... subsequently by means of the amendment application the petitioner sought the quashing of the order dated 4.7.2005 published in the times of india and hindustan ..... in the chapter 'corruption', it is stated that corruption is an abuse of public resources for private gain. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... provided that as far as the land reserved for residential use is concerned, the lease could not ..... both under a lease or licence, then to acquire the right or interest of such owner or person in or over such building or land or both as lessee or licensee together with the existing building thereon (hereinafter in this chapter referred to as 'the land'), in the interest of its better preservation or for reconstruction of a new building in lieu of the old one and intimate their willingness to pay the amount of such acquisition as may be determined under the provisions of this ..... amending act ..... ---(1) the following lands and buildings shall be exempt from payment of the cess, that is to say,- (a) lands and buildings vesting in, or leased to, the central government; (b) lands, and building vesting in, or leased to the state government or requisitioned by the state government, but not those lands and buildings where the land vesting in or leased to the state ..... as against that, where the properties are large and where there is a clear possibility of accommodating the persons from other projects who are suffering and where they are acquired exclusively under section 41, the state government is ..... was therefore submitted that this clause lays down a policy for future as well and it provides that where such acquisition takes place and where 70% of the residents of the buildings request for redevelopment of the sites, then it ought to be allowed ..... from the year 1998-99 upto the year 2002 to 2004, i.e. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(4)BomCR713; 2007(7)SCALE218; (2007)6SCC143; 2007AIRSCW3540; AIR2007SC1956; JT2007(7)SC564
..... to implement development control rule n-2.4.11(b) in a manner that the road area in respect of the plot, which is reserved for the road can be utilized being 0.4 fsi on the same plot and the balance unutilized fsi, if any, can be converted into tdr and can be used anywhere on a receiving plot to the extent of 0.4 fsi, in addition to the 0.4 fsi permissible on the receiving plot for amenities under rule n-2.4.11(a) and direct the municipal corporation to forthwith dispose of the applications which ..... the state of maharashtra issued a directive under section 37(1) of the act to the pune municipal corporation on 8.7.1993 to amend development control rules of pune city. ..... therefore, the view taken by this court in the judgment and order dated 5.5.2004 that the state government had full authority to make any changes or add any condition in the proposal of the municipal corporation is perfectly correct. ..... in our opinion, therefore, it was not possible for the state to add the words 'from the same plot' in clause 2.4.11 as the same have been added without being publicized as required by the provisions of section 37(1). ..... available in respect of the reserved plot and upto a future 0.4 in respect of d.r. ..... chapter iii of the act deals with development plans. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR59; 2009(111)BomLR2131
..... the substantive provision of much of its force and effect and to cover the rule of preference into a rule of reservation thereby obliterating altogether the right of other candidates possessing degree of recognised universities in various other faculties to be considered for the post.it is true that notwithstanding the preference rule it is always open to the recruiting agency to prescribe a ..... seek instructions whereafter a committee of three judges of the high court was constituted which in turn suggested amendments and changes in the rules to bring in tone with paragraphs 27 and 28 of the judgment of ..... iillj368sc held that where the number of applications received in response to an advertisement is large and it will not be convenient or possible for the commission to interview all the candidates, the commission may restrict the number of candidates to a reasonable limit on the basis ..... 109 of 2005 (maharashtra state judges association v hon'ble bombay high court through registrar) which came up for hearing before the supreme court and that rule 5 of chapter iii, the judicial services rules 2006 then were approved and framed by the bombay high court, providing method ..... will be law for the future, and acts under the appointment ..... resolution dated 30th november 2004 but did not agree ..... usefully be reproduced as under:2.6.7 vivavoce/ oral exam:the only candidates who fulfill the eligibility, qualification and other terms prescribed and who secure marks above cut off line, shall be called for .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2517
..... than the post of head of the institution, also the number of vacancies to be reserved for the candidates belonging to the scheduled castes, the scheduled tribes and other backward classes of citizen in accordance with the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act 1994, and notify the vacancies to the board in such manner and through such officer ..... capital of the society is held by the state government;(iii) a board or a corporation or a statutory body established by or under a central or uttar pradesh act which is owned and controlled by the state government or a government company as defined in section 617 of the companies act 1956 in which not less than fifty one percent of the paid -up share capital is held by the state government;(iv) an educational ..... candidates to be called for interview for any category of post shall, as far as possible, be not less ..... government can only forward the said point and here state government has taken decision, that in the event of non availability of reserve category candidate, in the matter of promotion, the said post would be shifted to direct recruitment quota and in future, if candidates are available in feeder cadre, then necessary adjustment would be made ..... un-amended and ..... used in the executive instructions providing for ..... the chapter ..... reported in 2004 (2) uplbec 1520 has taken the same view after considering various government orders, that reservation is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... for the petitioners had a sanguine grievance with regard to a singular provision and had no cavil in respect of any other provision and accordingly thought it condign to recommend the matter to be referred to a larger bench and resultantly, the matter has been placed before us for adjudication in respect of the question which is as under:--'whether the provision of sub-section (2) of section 6 of the panchayat (amendment) act ..... places;(r) removing of obstructions and projections in public streets and places and sites not being private property or which are open to use of public, whether such sites are vested in the panchayats or belongs to the state government;(s) regulating the control entertainment shows, ..... and in the surveys conducted by the state government or central government or any other local authority lawfully constituted;(dd) rendering assistance in prevention of contangious diseases;(ee) rendering assistance in inoculation and vaccination and enforcement of other preventive measures for safety of human being and cattle prescribed by government department ..... reservation and affirmative discrimination but the manner in which the language relating to quorum has been couched is not traceable in the constitution since on a scanning of the constitutional provisions under this chapter the conception of reservation ..... gram sabha shall be decided, as far as possible, unanimously failing which by general consensus of the ..... , jt 2004 (1) sc 152, has held that the question as to whether a .....
Tag this Judgment!Court : Delhi
Reported in : 132(2006)DLT500; 2006(204)ELT161(Del)
..... share of global merchandise trade within the next five years; and(ii) to act as an effective instrument of economic growth by giving a thrust to employment generation.para 1.3 of the policy spells out the power of the central government to amend the policy in public interest and reads as under:amendments 1.3 the central government reserves the right in public interest to make any amendments to this policy in exercise of the powers conferred by section 5 of the act. ..... of 1992) read with para 1.3 and para 2.1 of the foreign trade policy, 2004-2009, the central government hereby makes the amendment in para 3 of notification no 15 dated 27th june 2006, to include the following sentence, at the end of the said para:further the transitional arrangements notified under para 1.5 of the foreign trade policy, 2006 shall not be applicable for export of pulses against irrevocable letters of credit opened on or after 22.6.2006 as the ..... pankaj jain agencies' case (supra) was put in doubt on account of two subsequent decisions of the hon'ble supreme court in collector of central excise v. ..... we are afraid that it is not possible to construe the impugned notification dated 4.7. ..... however, it is for the government to explore other means of overcoming such difficulties in future by appropriate amendments to the act which can permit the courts to consider the effect of date of the notification to be the date on which it is ..... export of pulses under various heading of tariff item h.s. ..... 44 in chapter 7 of ..... uses .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H79
..... reserved by the owner for permitting another to use the property; the share of the production or profit paid to the owner, a share of the product or proceeds there from reserved to the owner for permitting another to use the property; the share of the produce reserved to the owner for permitting another to exploit and use the property; a share of the profit reserved by the owner for permitting another to use the property; the amount reserved ..... act shall pay royalty in respect of any mineral removed by him from the leased area at the rate for the time being specified in the second schedule in respect of that mineral'the second schedule can be amended by notification of the ..... respect of minor minerals are contained in chapters ii and iii of these rules, chapter ii , which bears the heading ..... royalty imposed by the state under the punjab rules is, in fact, a tax, that the state in excise of this power to regulate minor minerals by framing necessary rules under section 15 of the act has no authority to charge royalty, that the royalty being a tax cannot be levied or imposed except ..... for royalty like that of rent has always existed, and the condition regarding payment of royalty is a common and usual term of mining leases, i do not find it possible to accept the contention that the parliament did not intend to authorise the state government to make provision ..... for grant of permits in accordance with the provisions of punjab minor minerals concessions rules, 1964, for their future .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H309
..... into custody' any person found therein who, in his opinion, is an 'abducted person', and deliver or cause such person to be delivered to the custody of the officer in charge of the nearest camp with the least possible delay.section 6 of the act makes provision for the determination of the questions whether a person detained in a camp is or is not an 'abducted person' or whether such person should be restored to his or her relatives or handed over to any other person or 'conveyed ..... 'magna carta was re-affirmed from time to time by successive english monarchs, and in 1354 edward, iii recognised the liberties and customs which the people had enjoyed in the past and declared in chapter 3 of 28 edward iii that'no man of what estate or condition that he be, shall be put out of land, or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of ..... 589 the supreme court denning 'liberty' said:-'the liberty mentioned in the fourteenth amendment means not only the right of a citizen to be free from the mere physical restraint of his person as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the 'engagement' of all his faculties; to be free to use them fn all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to ..... this tribunal in a case dealt by it is final but power has been reserved to the central government to review or revise any such decision. .....
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