Court : Supreme Court of India
Reported in : AIR1974SC1522; (1974)2SCC253; [1975]1SCR340; 1974(6)LC411(SC)
..... that there is any unreasonable discrimination in favour of the orchard-owners as such.17. on the other hand, the predominant object underlying the provisions of the act is agrarian reforms. agrarian reforms naturally cannot take the sane pattern throughout the country. besides the availability of land for the purpose, limited in scope in ..... etc. by section 48 power is reserved to the government to issue instructions. section 49 provides for a summary procedure for all proceedings and enquiries under the act or the rules. section 50 provides for the rule making power. we have already noticed section 51. by section 52 all applications, suits and proceedings pending ..... mode of paying compensation and the instalments of payment of the compensation would certainly be reasonable.3. the short question that arises for consideration is whether the act is protected under article 31a of the constitution as applicable to the slate of jammu and kashmir providing, as claimed by the state, for a scheme of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... demarcating line is by no means clear, much less transparent. it is often a difference in degree. the distinction gets thinner if a comparison is made of terrorist acts with the acts aimed at overawing the government by means of criminal force. conspiracy to commit the latter offence is covered by section, 121a. it needs to be noticed that even ..... the legal position succinctly.in nalini's case, s.s.m. quadri, j, pointed out that the meeting of minds of two or more persons for doing an illegal act or an act by illegal means is a sine qua non of the criminal conspiracy. judge l. hand, in van riper v. united states (13 f 2d. 961) said of ..... the embargo under proviso to section 45 is equally applicable when the special court tries along with the pota offences, the offences under other enactments viz., ipc, explosives act and arms act. that is one aspect. secondly, there are certain procedural safeguards that are laid down in section 52 when a person is arrested for the offences under pota. these .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALD588; 1997(2)ALD(Cri)92; 1997(3)ALT328; 1997(2)APLJ54; 1997CriLJ3333
..... a case disclose an offence which may fall under section 228, indian penal code, the case may be triable as a contempt under section 3 of the act if the acts complained of could not be confined to what would be covered by section 228 of i.p.c. only.' ................. if the case is considered even from ..... purpose. the purpose for which the present proceedings are initiated are regarding the criminal contempt committed by the respondent in terms of section 2(c) of the contempt of courts act, 1971, which reads as under : '2.(c) 'criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, ..... commissioner and the complainant were let off. the advocate commissioner accordingly filed a complaint on 24-8-1994 under section 15(2) of the contempt of courts act before the munsif magistrate court, vinukonda. the court took the said complaint on file and recorded the sworn statement of the advocate commissioner and the court clerk and .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... and ors.)petitioner in this case is a private limited company, established at kashitand, g.t. road, govindpur (dhanbad) for manufacturing slurry based washed coke/coal. the unit was duly registered with the district industries center; dhanbad and a temporary registration certificate was issued on 30th august, 2000. after establishing the factory, ..... did extend assurance and promise to the entrepreneurs to grant exemption from payment of sales tax both central and state under central sales tax act and the bihar finance act, 1981 through the medium of its industrial policy of 1995, duly implemented through various statutory notifications. the existence of promise is also ..... industrial policy and various notifications. recommendation was, however, made on 11.08.2005 to withdraw the notifications in view of the. provisions of the vat act. again at page-107 apprehension was expressed of litigation in the event of withdrawal of notifications. however, at page-109 the minister concerned asked for .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR301
..... court for the initial institution of the suit. the initial lodgment passed the test of a provisional judicial scrutiny. the statutory change in the bombay court fees act, 1959 may have been overlooked-- a common enough lapse in these times of legislative plentifulness. it is not possible to see any duplicity, gross negligence or ..... ). a laymen trampling into the quagmire of jurisdiction- pecuniary, territorial or subject wise is playing with fire and certainly cannot seek the aid of section 14 limitation act in the second round. the facts here are very different. plaintiff for all his meticulousness and determination to get even with defendant 1 and 2, did not arrogate ..... explanation surviving is mistaken advice of counsel. whether such advice in the initial choice of forum is excusable having regard to the requirements of section 14 limitation act is the subject of a host of decisions and the conflict therein makes it another of the vexed questions that have arisen in this suit. apart from .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR641; 2008(1)BomCR779
..... increases, government considers it expedient, in greater public interest, to make suitable provisions for providing the protection of statutory tenancy under the rent act to the state government and to such government allottees; and consequently to provide for the release of such premises from requisition.6. as many ..... premises for public purposes, and for certain other purposes identical thereto. certain premises which have been requisitioned or continued under requisition under the said act have been allotted for nonresidential purpose to many departments central government or public sector undertakings, corporations owned or controlled fully or partly by the ..... the allottees of the requisitioned by providing for the state government of the government allottees becoming deemed tenants of the requisitioned premises. by the amendment act, clause 1-a defining 'government allottee' was inserted. another new provision inserted was section 15-b providing for the state government or government .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi536
..... parade. theeye-witnesses were called to the police post and they sawthe accused persons and their supplementary statements wererecorded. the showing was -just an act of investigation.the accused persons were not previously known to theeye witnesses. police wanted satisfaction that the personswho had been arrested were culprits. still ..... from the same is hit by s. 162 criminal procedure code. (as acommunication or a statement made to the police despite the saididentification being a mental act by reason, of mere pointing out) wasanswered in the affirmative by the supreme court in ramkishanmithanlal sharma v. state of bombay : 1955crilj196 already noticed ..... accepted. in queen empress v.alagu kone 1893 (16) i.l.r. mad 421, a division bench ofthat court held .that a magistrate acting under section 164 criminal procedure code had power to administer an oath while holding aninquiry under section 159 criminal procedure code. and recording statement under section 164, criminal procedure code. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD631
..... favour of mr. rastogi or his nominee after obtaining requisite permission from revenue authorities and authorities under the urban land (ceiling and regulation) act, 1976 (ulc act). the suit schedule land is adjacent to lands owned by plaintiff where the appellant has been carrying on agricultural operations by raising rain-fed crops ..... and disposal of the suit. according to senior counsel, the subsequent events are relevant in exercise of discretion under section 20 of the specific relief act. learned senior counsel has drawn support from various authorities he cited during his arguments.(iii) submissions on behalf of fifth respondent14. fifth respondent is ..... of such promissor before performance, unless contrary intention appears from the contract. insofar as the specific performance of contract, section 15 of the specific relief act is relevant and reads as under:15. who may obtain specific performance :--except as otherwise provided by this chapter, the specific performance of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1125; AIR1983SC194; 1983(0)BLJR645; 1983CriLJ348; 1984(1)Crimes147(SC); 1982(2)SCALE1241; 1983(2)SCALE126; (1983)1SCC438; (1983)4SCC104; [1983]2SCR61
..... on behalf of the government concerned. so there is the relationship of counsel and client between the public prosecutor and the government. a public prosecutor cannot act without instructions of the government a public prosecutor cannot conduct a case absolutely on his own, or contrary to the instruction of his client, namely, the ..... receive any instruction from the government before he files an application under that section. if the public prosecutor receives such instructions, he cannot be said to act under extraneous influence. on the contrary, the public prosecutor cannot file an application for withdrawal of a case on his own without instruction from the ..... of india, and chairman railwaymen's federation, sought to arouse resistence against the said emergency and to overthrow the government and that he committed various acts in pursuance of that object. the investigating agency submitted a charge sheet against shri fernandes and twenty-four others for offences under section 121-a, 120 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
..... scheme with debenture trustees was formulated with sufficient degree of precision and urgency. the debenture trustees are normally public financial institutions and nationalised banks. public financial institutions have the necessary expertise and infrastructure to examine the aspects of security creation and the quality of the ..... -requisite condition of the various clearances and no objection certificates and licences under monopolies & restrictive trade practices act, fera act and petroleum act and the essential commodities act, securities contract (regulation) act, companies act, and other allied laws had been fulfilled. the cci has given consent for 12.5 % secured redeemable ..... the policies prescribed under which, as noticed before, it was enjoined to function. there are other various acts like the income-tax act, companies act, monopolies & restrictive trade practices act to subserves other social objectives which are conducive or ancillary to the directive principles. nelson, it is .....
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