Court : Allahabad
Reported in : 1999(3)AWC2574; (1999)3UPLBEC1702
..... word 'order' has not been only used to signify the power of taking executive, judicial or quasi-judicial decisions but has also been used to confer extensive power of making delegated legislation'. principle of statutory interpretation. (6th edn.) by g. p. singh.18. delegated legislationpermitted by enabling acts appearsunder different names ..... 1954crilj1322 , the supreme court sustained the provisions of section 3 of the essential supply [temporary powers) act. 1946 which gave wide powers to the central government to make 'orders' for regulating or prohibiting the production, supply and distribution of essential commodity and trade and commerce therein as the section provided that ..... pointed out that the basic principle, as set out in maxwell's interpretation of statutes (11th edn., page 168), is that :'a general later law doesnot abrogate an earlier specialone by mere implication :generalia specialibus nonderogant, or. in other, words,'where there are general wordsin a later act capable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818
..... ] supp. 2 scr 691, the state of orissa acquired a monopoly in the trade of kendu leaves. prior to this the petitioner used to carry on extensive trade in the sale of kendu leaves. he filed a petition under article 32 of the constitution complaining restrictions put on his fundamental rights. in the course ..... in sub-sections (1) and (2), the following provisions shall apply in relation to development of land by any department of any state government or the central government or any local authority -(a) when any such department or local authority intends to carry out any development of land it shall inform the vice chairman ..... of an increasingly complex society, find it necessary to encroach to some extent upon open* lands heretofore considered inviolate to change'.63. in the treatise 'environmental law and policy: nature, law, and society' by plater abrams goldfarb (american casebook series - 1992) under the chapter on fundamental environmental rights, in section 1 (the modem rediscovery of .....
Tag this Judgment!Court : Delhi
Reported in : [2000]110TAXMAN89(Delhi)
..... 128 provides for names of regional councils. there are five regional councils, namely:western india regional council, southern india regional council, eastern india regional council, central india regional council arid northern india regional council.duties and functions of the regional councils have been enumerated under regulation 130. regulation 130(1) provides that subject ..... society as a whole after their election. they have a right to continue in office for five years which term is co-extensive with the term of the committee or the board of directors. the enactment itself provides for the removal of the members under certain circumstances only. when ..... the concept of democracy or the method of electing or removing the representatives. the recall of an elected representative, thereforee, so long it is in accordance with law, cannot be assailed on abstract notions of democracy.'12. in ram beti v. district panchayat raj adhikari : air1998sc1222 the court considered the power of removal of .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)342; 86(2000)DLT246
..... with public interest which perhaps dictated the policy decisions of the government to ultimately operate this industry exclusively and invited function control. along with this extensive functional control, we find that shriram also receives sizable assistance in the shape of loans and overdrafts running into several crores of rupees from the ..... pointed out on behalf of the applicants that as shriram are registered under the industries development and regulaion act, 1951 its activities are subject to extensive and deviled control and supervision by the government. under the act a license is necessary for the establishment of a new industrial undertaking or expansion ..... whom it is giving its mines for stone quarrying operations observe various social welfare and labour laws enacted for the benefit of the workmen. this is a constitutional obligation which can be enforced against the central government and the state of haryana by a writ petition.... litigation particularly in relation to bounded .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
..... for an independent judiciary in the states : it constitutes a high court for each state, prescribes the institutional conditions of service of the judges thereof, confers extensive jurisdiction on it to issue writs to keep all tribunals, including in appropriate cases the governments, within bounds and gives to it the power of superintendence over ..... time past there appears to be an unhappy trend of interference in the matter of judicial appointments by the executive both at the state and the central level...article 235 of the constitution vests the control of judicial administration completely in the high court excepting in the matter of initial appointment and posting ..... at all. the high courts and the supreme court form one single integrated judiciary having jurisdiction and providing remedies in all cases arising under the constitutional law, the civil law or the criminal law. (constituent assembly debates. vol. 7 (1948-49) at pp. 34, 36 37).' this court in s. p. gupta's case air .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642
..... and has not been issued under section 192 of the army act, yet it amounting to an executive instruction has the force of law and thus supersedes the warrants issued by the central government under section 164 of the army act. the contention is that the authorities prescribed in regulation 472 alone are competent to act ..... royal forces in respect of judicial review of decisions of court martial. u.k. had enacted a court martial (appeal) act of 1951 and it has been extensively amended in court martial (appeals) act, 1968. merely providing an appeal by itself may not be very reassuring but the personnel of the appellate court must inspire confidence ..... may not nurse a grievance that the substance of justice and fair play is denied to it.despite lapse of about two decades neither the parliament nor the central government appears to have realised their constitutional obligations, as were expected by this court, except amending rule 62 providing that after recording the finding in each charge .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLN574
..... life of the select list, whether it can be extended by issuing an executive order till the vacancies are advertised in future;(iii) whether such an extension of select list for indefinite period violates the rights of those persons for being considered for appointment, who attained eligibility subsequent to the advertisement dated 15.6 ..... the constitution, the rules will prevail. similarly, if there is a conflict in the rules made under the proviso to article 309 of the constitution and the law, the law will prevail.in ram ganesh tripathi v. state of u.p. : air1997sc1446 , the hon'ble supreme court considered a similar controversy and held that any ..... ors. : [1998]3scr837 , the hon'ble supreme court held that executive instructions can be passed even for creating the post so long as they remain consistent with law/rules. in nagpur improvement trust v. yadaorao jagannath kumbhera, : air1999sc3084 , the hon'ble supreme court observed that in absence of statutory rules, appointments can be made .....
Tag this Judgment!Court : Delhi
Reported in : 2000(56)DRJ29
..... the resolutions of the municipal corporation of delhi.4. having acquired various pieces of land, a scheme was formulated by the corporation, known as 'northern city extension scheme i' for residential purposes with provision also for a shopping area. after development some of the plots were sold to private individuals, in the year ..... with the said provision of delhi municipal corporation act; and (b) restriction on sale of municipal quarters in colonies constructed after taking loans from the central government and delhi administration since the terms of loan stated that quarters constructed would remain municipal property. he contended that the market value will have to ..... specific direction was given to the commissioner as well as to the secretary (slg) and administrator (mcd) to dispose of the representation in accordance with law. it is claimed that the case of the petitioners is not different from those, who have already been transferred flats in nimri colony. construction was carried .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... question, we requested sarvashri ravish agrawal, senior counsel, and s.k. seth, aag., to assist the court while shri sanjay agrawal is already assisting the court; extensive submissions were advanced by both the sides to tackle the issue under consideration.6. sarvashri virendra verma and sanjay agrawal, advocate, contended that when the insurance company ..... under section 173(1) of the act. it is not possible to accept that such was the legislative intention.''para 12 : 'award' is explained in black's law dictionary, fourth edition, at page 174 as meaning 'to grant, concede, or adjudge to; to give or assign by sentence or judicial determination...... the decision or ..... involved in not granting interim stay has been explained by this court in asstt. collector of central excise, west bengal v. dunlop india ltd., (1985) 19 elt 22 : (air 1985 sc 330).''para 13 : it is not the law that adjudication by itself following the rules of natural justice would be violative of any right constitutional .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
..... we requested mr. ravish agrawal, senior counsel and mr. s.k. seth, aag, to assist the court while mr. sanjay agrawal is already assisting the court; extensive submissions were advanced by both the sides to tackle the issue under consideration.6. mr. virendra verma and mr. sanjay agrawal, advocates contended that when the insurance company ..... the public policy involved in not granting interim stay has been explained by this court in asstt. collector of central excise, west bengal v. dunlop india ltd., air 1985 sc 330.(13) it is not the law that adjudication by itself following the rules of natural justice would be violative of any right constitutional or statutory ..... case (supra) was to the contrary. for coming to the conclusion, the learned single judge has taken into consideration number of important judgments, relevant provisions of law in a comprehensive manner. this is how the matter is before the full bench for determination of the question put up for consideration by the learned counsel .....
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