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Court : Karnataka
Decided on : Mar-31-1997
Reported in : ILR1997KAR1573
..... (supra) the 'material resources' were explained as:-'the next question for consideration is whether the coking coal mines (nationalisation) act is a law directing the policy of the state towards securing 'that the ownership and control of the material resources of the community are so distributed as best to subserve the common good, coal is, of course, one of the most important known sources of energy, and, therefore, a vital national ..... a bare declaration, without more, directly overrule, reveres or over-ride a judicial decision. it may, however, at any time, in exercise of the preliminary powers under article 245 and 246 of the constitution, render a judicial decision ineffective by enacting a valid law on a topic within its legislative field ..... proceeding within the meaning of section 193 and 228 of the penal code, i860 and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973.(7) a claimant, who is aggrieved by the decision of the commissioner, may prefer an appeal against the decision to the city civil court, bangalore within the local limits ..... the lands held by private owners also. but it, however, erred thereafter in reaching the conclusion that article 31-c was not applicable to the case for the reason that (i) the act did not contain a declaration that it was enacted to give effect to article 39-b, (ii) by undertaking development of commercial centres while providing housing accommodation .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-15-1997
Reported in : AIR1998MP168; 1999(1)MPLJ299
ORDERC.K. Prasad, J.1. Sagar Electricity Supply Company and Jabalpur Electricity Supply Company were the licensees under the Indian Electricity Act, 1910. Before the expiry of the period of their licence, the State Legislature enacted M.P. Vidyut Pradaya Upakaran (Arjan) Adhiniyam. 1974 (hereinafter referred to as the Act) which came into force on 10-9-1974. The Act provided for the acquisition of the Jabalpur Electricity Supply Company Ltd. and Sagar Electricity Supply Company Ltd. (hereinafter referred to as the Company' Jesu and Sesu' respectively). Section 5 of the Act provides for vesting of the undertaking to the State Government Undertaking has been defined under Section 3(j) of the Act which means an electricity supply undertaking owned and managed by licensee and specified in schedule 1 of the Act, JESU and SESU figure in schedule 1 of the Act and by force of the said provision same stood transferred to and vested in the State Government. Section 9 of the Act confers powers on...
Tag this Judgment!Court : Delhi
Decided on : May-01-1997
Reported in : 1997VAD(Delhi)213; 68(1977)DLT914
K. Ramamoorthy, J. (1) The plaintiff has filed the Suit seeking Specific Performance and also damages. The defendant No. 1 is Mrs. Nimmi Singh. The second defendant Dr. Achhar Singh was the father-in-law of the first defendant and he died pending the suit The third defendant M/s Mahender Jain & Company was a property broker who was set ex parte. The fourth defendant, the Under Secretary, Land & Buildings Department, Delhi Administration, Delhi was deleted vide order dated 24.4.1981.(2) The suit is against the first defendant Mrs. Nimmi Singh. The plaintiff has prayed for the following reliefs:(A)direct/make the defendants I and 2 to fulfilll/complete the specific performance of their part of the contract i.e. in terms of the 'Agreement to sell' (Annexure 'A') enter and execute/register sale deed of the said plot of land as mentioned in the 'Agreement to Sell' as subject matter of the sale. (B)that respondents 1 and 2 be directed to give the vacant possession of the plot in question at ...
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1997
Reported in : 1999(4)KarLJ572
ORDERR.P. Sethi, C.J. 1. Constitutional validity of the Bangalore City Planning Area Zonal Regulations (Amendment and Validation) Act, 1996, Karnataka Act No. 2 of 1996, hereinafter called the 'Act', has been challenged in this public interest litigation on the grounds that the impugned legislation is unconstitutional, arbitrary and violative of Article 14 of the Constitution. The Act is alleged to have been passed with an object to render ineffective all binding judicial pronouncements between the parties which is not only unwarranted, but also unconstitutional. The impugned legislation is intended to authorise the judicially determined illegal constructions and thus affect the supremacy of Rule of Law. The Act is stated to have the effect of undoing the undertakings given by the parties to this Court and the Hon'ble Supreme Court and thus is arbitrary and unconstitutional. The impugned legislation is contended to have the effect of setting aside the adjudication of the disputes betwe...
Tag this Judgment!Court : Karnataka
Decided on : Dec-09-1997
Reported in : ILR1998KAR730; 1998(5)KarLJ62
ORDER1. Alleging corruption, favouritism, nepotism and mala fides against respondents 3 and 4, the petitioner herein has prayed for the issuance of appropriate writ or direction striking down the Karnataka Excise (Sale of Indian and Foreign Liquor) (Amendment) Rules, 1997 as being illegal and unconstitutional and for a direction to the respondent-State to enforce the 1989 amendment rules. It is further prayed that a direction be issued for appointing an authority such as C.B.I., to probe in detail to find out the total loss caused to the respondent-State by way of evasion of payment of excise duties, cesses, sales tax on the sale of 'seconds' in IMFL which were allegedly sold without payment of excise duty cesses and sales tax during the period from December 1985 when the Supreme Court is stated to have affirmed the 1989 Amended Rules, till date by non-implementation of the 1989 Rules. It is contended that the difference be directed to be recovered personally from respondents 3 and 4.T...
Tag this Judgment!Court : Mumbai
Decided on : Jul-04-1997
Reported in : 1998(1)ALLMR194; 1998(1)BomCR179
ORDERR.M. Lodha, J.1. Shri Govind Ragho Khairnar, the petitioner, by means of this writ petition challenges his suspension vide order dated 28-6-1994, the disciplinary proceedings including the report and findings of the Enquiry Officer, Resolution No. 259 dated 8-7-1996 passed by the respondent No. 1, the show cause notice for removal dated 30th July, 1996 and the Resolution dated 10-10-1996 passed by respondent No. 1 removing him from municipal service.2. The petitioner was appointed as Deputy Municipal Commissioner and was confirmed with effect from 28-12-1988 in accordance with the provisions of the Bombay Municipal Corporation Act, 1888 (for short, 'the Act'). It is the case of the petitioner that he is very upright officer and has absolutely clean and excellent record of municipal service. On account of his uprightness in working, the petitioner submits that he invited wrath of his superiors and some such politicians whose vested interests were hurt by the petitioner's honest and...
Tag this Judgment!Court : Mumbai
Decided on : Mar-04-1997
Reported in : AIR1998Bom107; 1997(4)ALLMR698; 1997(3)BomCR178
S.S. Nijjar, J. 1. The plaintiff has filed this suit for a declaration that the defendant is a trespasser in respect of the suit flat and has no right, title or interest therein or to continue to use the same. He further prayed that, the defendant be ordered to forthwith quit and vacate the suit flat, remove his belonging lying there, and 16 hand over the same to the plaintiff. A claim for recovery of Rs. 7 lakhs as mesne profits is also made. It is further prayed that the defendant be directed to pay a sum of Rs. 20,000/- per month from February, 1995 onwards as mesne profits till the date the vacant possession is handed over to the plaintiff. Appointment of Receiver of the suit flat is prayed for as an interim in measure. A prayer for injunction is also made.2. This Notice of Motion has been taken out to the appointment of a Receiver of the suit flat with power to take possession of the flat from the defendant and put the plaintiff in possession of the suit flat on such terms as this...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-11-1997
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
K. RAMASWAMY, J. 1. Leave granted. 2. These appeals are directed to resolve mutually inconsistent law adumbrated by two Division Benches of Andhra Pradesh High Court. The appeals arising from SLP (C) No.17080-81/95 are filed against the judgement passed on April 28, 1995 in Writ Petition Nos.9513/93 and 7725/94 in which the Division Bench has held that the Andhra Pradesh Scheduled Area Land Transfer Regulation (1 of 1959), as amended by Regulation II of 1970 (for short, the 'Regulation') and the Mining Act (67 of 1957) do not prohibit grant of mining leases of Government land in the scheduled area to the non-tribals. The Forest Conservation Act, 1980 (for short, the 'FC Act') does not apply to the renewals. The Andhra Pradesh Forest Act, 1967 also does not apply to the renewal of the leases. It, accordingly, dismissed the writ petitions filed by the appellant challenging the power of the Government to transfer the Government land si...
Tag this Judgment!Court : Guwahati
Decided on : Jul-19-1997
M. Sharma, J. 1. In the writ petition in Civil Rule283/97 under Article 226 of the Constitution ofIndia, the petitioners have challenged the validityof the Act, namely. The Bharat Hydro PowerCorporation Limited (Acquisition and Transferof Undertaking) Act, 1996, being Assam Act No.I of 1997 published in the Assam GazetteExtraordinary dated 6th January, 1997. 2. Petitioners No. 1 and 2 are the companies registered under the Companies Act, 1956, limited by shares and petitioners No. 1 claims to be the sole and absolute owner of the '100MW Karbi Langpi (Lower Barapani) Hydro Electric Power project for short 'the project'). 3. The chronology of the installation of the power project as emerged from the submissions of the parties is that in 1979 the Planning Commission sanctioned a project for production of 100 MW electricity , known as 'Karbi Langpi (Lower Barapani) Hydro Electric Power Generating project in the State of Assam at the approved cost of Rs. 34.15 crores. The Assam State Ele...
Tag this Judgment!Court : Mumbai
Decided on : Feb-04-1997
Reported in : 1997CriLJ3031
S.S. Parkar, J.1. This appeal is filed against the order of conviction and sentence passed by the Special Judge, Greater Bombay on 16th October, 1992 convicting the appellant under Section 21 read with Section 8(c) of the NDPS Act and sentenced to suffer RI for ten years and to pay a fine of Rs. 1,00,000/- and in default to suffer further RI for one year. The appellant was further convicted by the aforesaid order for offences punishable under Section 22 read with Section 8(c) of the NDPS Act and sentenced to suffer RI for ten years and to pay a fine of Rs. 1,00,000/- in default to suffer further RI for one year. The appellant was also convicted by the aforesaid order for the offence punishable under Section 23 read with Section 28 of the NDPS Act and for offence under Sections 135(1)(a) read with Section 135(i) and (ii) of the Customs Act and under Section 13 of the Foreign Exchange Regulation Act, 1973. However, no sentences were awarded to appellant on these counts. The substantive s...
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