Judgment Search Results Home > Cases Phrase: chandernagore merger act 1954 Page 4 of about 1,974 results (0.051 seconds)

S. Nagaraj (Dead) by Lrs. and ors. Vs. B.R. Vasudeva Murthy and ors. E ...

Court : Supreme Court of India

Reported in : 2010(2)SCALE232

..... 15.6.1979 of the state government sanctioning the grant of land in favour of the sangha was bad because the claim of the inamdars for registration under sections 9 and 10 of the inam abolition act was pending before the special deputy commissioner and instead held that in case the claims of the inamdars to occupancy in respect of the inam land were upheld, they would be entitled for the ..... bangalore south taluk, did not vest in the government on 15.6.1979 because the applications of the inamdars for registration as occupants in respect of the land under in sections 9 and 10 of the inam abolition act were pending before the special deputy commissioner and therefore the state government had no power to pass the order dated 15.6.1979 according sanction for grant of the land in favour of the sangha and the ..... the relevant facts briefly are that the mysore (personal & miscellaneous) inam abolition act, 1954 (for short `the inam abolition act') was enacted for abolition of personal inams and other miscellaneous inams in the state ..... (supra), this court considered the question whether there was any merger of the order under challenge in the event this court refuses special leave to ..... he argued that since there was a merger of the order passed by the division bench of the ..... attract the doctrine of merger. ..... refusing special leave to appeal does not stand substituted in place of the order under challenge and, therefore, an order refusing special leave to appeal does not attract the doctrine of merger. .....

Shree Bhagvatacharya Narayancharya Public Trust Vs. State of Gujarat

Court : Gujarat

Reported in : AIR2001Guj208; (2001)2GLR1356

..... and that it will depend on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of challenge laid or capable of being laid, shall be determinative of the applicability of thedoctrine of merger, which was relied upon on behalf of the petitioners to contend that it was not open for the larger bench to reconsider even the aspect of head of compensation which was never put in issue before the supreme ..... day - (a) all devasthan inams except insofar as they consist of a grant or recognition as a grant of cash allowance or allowance in kind shall be and are hereby abolished; (b) save as expressly provided by or under this act, all rights legally subsisting immediately before the said day, in the devasthan inams so abolished and all other incidents of such inams shall be and are hereby extinguished; and (c) subject to the other provisions of this ..... air 1960 sc 1008, in which the supreme court held that the validity of the himachal pradesh abolition of big landed estate and land reforms act, 1954 being estate abolition law, its validity could notbe challenged under arts. ..... section 8, and that decision was confirmed by the supreme court, this court cannot go behind the interpretation given to the provisions of section 11 by the high court, because, on the doctrine of merger it became the decision of the supreme court. ..... reliance on the doctrine of merger placed on behalf of the petitioners is therefore misconceived in context of the point that never .....

Rajwant Singh and ors. Vs. the Financial Commissioner and ors.

Court : Punjab and Haryana

Reported in : AIR1974P& H137

..... my opinion, in view of the observations of their lordships in daryao's case, air 1961 sc 1457(supra), it was open to bant ram to file a petition under section 33 of the act before the central government and the order dismissing in limine the petition under article 226 of the constitution passed by this court did not operate as res judicata nor did it bar the making of ..... then filed a petition under section 33 of the displaced persons (compensation and rehabilitation) act, 1954, (hereinafter called the act), before the central government which was accepted on november 10, 1970, by shri damodar dass commissioner revenue and secretary to government, haryana, rehabilitation department, exercising the powers under section 33 of the act. ..... stressed by the learned counsel for respondents 6 to 13 that no notice, as required by section 19 of the act before cancellation of the allotment, was ever issued to bant ram, which fact is not denied by the petitioners. ..... it is in that context that their lordships observed that the principle of merger of inferior court's order in the order of the superior court would not become affected or inapplicable by making any distinction between a petition for revision ..... the principle of merger of orders of inferior courts in the orders of the superior courts is wholly inapplicable to the writ petitions under article 226 ..... the principle of merger of orders is applicable where statutory remedies by way of appeal or revision are provided by statute in a hierarchy of .....

Mst. Mastura Sultan and ors. Vs. Dy. Custodian Gen. of Evacuee Propert ...

Court : Delhi

..... of india and pakistan or on account of civil disturbances or the fear of such disturbances had left on or after the 1st day of march, 1947, any place now forming part of india, and who on the 7th day of may, 1954, was resident in pakistan: provided further that no notice under section 7 for declaring any property to be evacuee property with reference to clause (b) of the preceding proviso shall be issued after the expiry of six months from the ..... have filed the present writ petition for quashing the order dated 26th may, 1982 passed by the custodian general of evacuee property dismissing their revision petition under section 27 of the administration of evacuee property act, 1950 (hereinafter referred to as the evacuee act, 1950, for short) and upholding the order dated 14th february, 1980 passed by the assistant custodian (judicial), inter alia, holding that the property in their occupation bearing no. ..... we cannot agree with the learned judge that section 7a of the act applied to this case and that the vestment was bad because the property was declared evacuee after 7-5-1954, section 7 of the act does not apply to property which had already vested under state law and which under section 8 (2) is deemed to be evacuee property. ..... therefore, rather there is sufficient force in the contention of the learned counsels for the respondents that it is the merger of two properties in 1961-62 which led a sudden spurt in the rateable value from rs. 54/- to rs. .....

Sri Swatantra Kumar Agrawal Vs. the Managing Director, U.P. Financial ...

Court : Allahabad

Reported in : AIR1994All187

..... if the petition was dismissed presumably because the petitioner had an alternative remedy by way of a revision petition under section 33 of 1954 act, which remedy he availed of and after failure to get a relief, moved the high court again for the relief, it cannot be incorrect in such a situation to dismiss the petition on the ground that the order made by the ..... after the introduction of displaced persons (compensation and rehabilitation) act, 1954, the quasi-permanent allotment of the land to the appellants was made permanent. ..... 33 of the 1954 act, which remedy he availed of, and after failure to get the relief he moved the high court again for the said relief. ..... the merger of the orders cannot stand in the way of the petitioner invoking the jurisdiction of the high court under art. ..... financial corporations act for recovering the amount which was advanced to the petitioner. ..... 33 of the act challenging the order being contrary to the then permanent settlement rights conferred on him. .....

Mohd. Ali Hasan Khan and ors. Vs. Bhagirathlal and ors.

Court : Andhra Pradesh

Reported in : AIR1964AP126

..... to have vested in the custodian for the state' employed in section 8 and argued that this expression in contradistinction to the bare expression 'custodian' employed in all other provisions of the administration of the evacuee property act must be pregnant with meaning and the deliberate use of such an expression must suggest that the property has vested in the custodian for the state and not for the evacuee. ..... the learned government pleader refers, in support of his contention, to the following passage of their lordships of the supreme court in : [1953]4scr691 :'the object and the scheme of the act leave little doubt that the act was intended, as its title shows, to provide for the administration of evacuee property and it is common ground that this property has ultimately to be used for compensating the refugees who had lost ..... ' section 4 is another important provision which has a material bearing on the point in question and it reads thus: ' 'the provisions of this act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by ..... is based on common ground perhaps has a veiled reference to the provisions analogous to those in the displaced persons compensation and rehabilitation act,1954 which received the assent of the president on 9-10-1954. ..... not permit of any inference of loss of title of the evacuee and its merger in the government. .....

Teja Singh Vs. Union Territory of Chandigarh and ors.

Court : Punjab and Haryana

Reported in : AIR1982P& H169

..... in the meantime, after the introduction of the displaced persons (compensation and rehabilitation) act, 1954, allotment of land to the appellant which was till then on quasi-permanent basis was converted into permanent basis. ..... petition on the same cause of action, more so, when on the facts in this case it appears that the petition was dismissed presumably because the petitioner had an alternative remedy by way of a revision petition under section 33 of the 1954 act which remedy he availed of and after a failure to get the relief he moved the high court again for the relief.' 13. mr. ..... petition had merged into the appellate or revisional order, nonetheless the second petition in the circumstances would not be barred by the principles analogous to res judicata because the cause of action is entirely different and the merger of the order cannot stand in the way of the petitioner invoking the jurisdiction of the high court under art. ..... if such is the position of law with regard to the applicability of the provisions of the limitation act to writ petitions, then a fortiori the same principle would apply to miscellaneous applications filed in the writ petitions ..... so far the explanation, which has been added to section 141 by the amendment act is concerned, it may be observed that it has only set at rest the controversy which had arisen earlier regarding the interpretation of the words 'proceedings in any court of civil jurisdiction' with regard to their applicability to a petition under .....

Morvi Municipality Vs. Arunodaya Mills Ltd. and anr.

Court : Gujarat

Reported in : AIR1995Guj109; (1995)1GLR793

..... it will be noticed from the provisions of section 7 of the bombay town planning act, 1954 that a development plan shall generally indicate the manner in which the development and improvement of the entire area within the jurisdiction of the local ..... accordance with the provisions of section 10 of the bombay town planning act, 1954 and, therefore, was issued under the authority of the state. ..... 1582 of 1969, decided on 12th march, 1970, he submitted that even though there was no provision similar to section 9 of, the gujarat panchayats act, 1961, existing at the relevant time, this court should hold that in absence of any express exclusion of the suit survey numbers from mahendranagar village, ..... notification dated 16th july, 1971, which is at exhibit 275, that the government of gujarat, in exercise of the powers conferred under subsection (1) of section 10 of the bombay town planning act, finally sanctioned the said development plan, and the regulations thereto for the city of morvi, subject to the modifications. ..... , as having been adopted by the saurashtra state and, more particularly, to the provisions of sections 4(1) and 4(2) and section 5 of that act and recites that in exercise of the powers conferred by those provisions and after publication of the proclamation under section 8 thereof, on 25-10-1951, and since there were no ..... municipality was in existence even prior to independence and even after the merger of the morvi state in the state of saurashtra, the municipality had .....

Marico Limited Vs. Agro Tech Foods Ltd.

Court : Delhi

Reported in : LC2010(2)14

..... holding that there was sufficient similarity which might result in confusion in respect of sale of watches, dismissed the action of infringement on the ground that defendant was entitled to protection accorded under section 8 of the trade marks act, 1938; and in so far as plaintiffs' action for passing off is concerned the same was rejected on the ground that there had been honest user by the defendant of the 'maker's own name' ..... therefore, the use of the word 'low absorb technology' is justified.3.2 in this regard, reference is made to section 35 of the trade marks act, 1999 (hereinafter referred to as 'trade mark act') which, according to the defendant, permits use of the words or expression which are descriptive of the character and quality of goods and services even against the proprietor of a registered trade ..... particular, a reference is made in this regard to the order dated 23.07.2002 passed by the commission on an application for grant of interim injunction filed by the defendant under section 12a of the monopolies and restrictive trade practices act, 1969 (hereinafter referred to as 'mrtp act').3 defendant's case3.1 the defendant, on the other hand, has refuted the case set up by the plaintiff. ..... more absorption properties is universally prevalent, a fact which is evident from a bare perusal of the provisions of rule 26a of the prevention of food adulteration rules 1955 (in short 'pfa rules') framed under the prevention of food adulteration act, 1954 (in short the 'pfa act'). .....

Commissioner of Endowments, Andhra Pradesh, Hyd. and anr. Vs. All Indi ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD747; 2001(6)ALT539

..... may be necessary to hold a detailed enquiry, examine evidences and other materials which may be brought on records and, thus, we are of the opinion that when a jurisdictional fact is raised as, regard the applicability of the act, the same may be considered as a preliminary issue by the statutory tribunal itself, although in a given case this court in exercise of its jurisdiction under article 226 of the constitution of india may also take recourse thereof. ..... we may also notice that the division bench of this court as also in all india sai samaj (supra) the courts were dealing with madras hindu religious and charitable endowments act, 1959, section 1(3) whereof reads thus:it applies to ail hindu public religious institutions and endowments including the incorporated devaswonms and unincorporated devaswoms.explanation:- in this sub-section, hindu public religious institutions ..... chopra v state of bombay, : 1955crilj1410 , in kunhayammed v state of kerala, : [2000]245itr360(sc) , it has been held:so far as merger is concerned on principle there is no distinction between an order of reversal or modification or an order of confirmation passed by the appellate authority; in all the three cases the order passed by the lower authority shall merge in the order ..... of section 1 reads:it applies to-(a) all public charitable institutions and endowments, whether registered or not, in accordance with the provisions of this act, other than wakfs governed by the provisions of the wakfs act, 1954. .....