Court : Supreme Court of India
Reported in : AIR1975SC1146; (1975)1SCC166; [1975]2SCR774
..... without tears, affecting vested rights, is impossible. statutory construction has a benignant sensitivity and we arc satisfied the high court, in substantially upholding the amendment act, has done right, but in striking down the retrospective portion of the section has stumbled into a specious error10. it is helpful to reproduce the ..... were instituted within three years of the transfer. this blanket ban regardless of the varying periods which have elapsed after the transfers and before the act was passed was unequal treatment or rather harshly equal sub-section to restriction of plainly unequally situated transferees. there is seeming attractiveness in this presentation. ..... the question'. we discern nothing substantially different in the analysis or approach to merit review of our result. we hold section 13 of the amendment act valid and repel the vice of unreasonableness discovered in both the reported rulings of the high court.25. and if reasonable interpretation can avoid invalidation, .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi92
..... he has used. he has made it plain by express language in one of the key definitions in the act.60. the act provides for limited habitability. it is in a limited sense that the right to tenancy is conferred on cer14n ..... contractual tenanev the statutory tenant has onlv a personal right to continue in possession till evicted in accordance with the provisions of the act.' 76. in damadi lai : air1976sc2229 their lordships referred to their own previous decisions in anand nivas : [1964]4scr892 and j ..... indicate that he was acting ir bad faith. the court of the commercial sub-judge was unable to entertain the suit because the value of the suit exceeded the pecuniary jurisdiction on the court after that court had deter mined the value of ..... the property at r, 51,000'- based a, it was on an agreement of the parties. in fairness and just the period ought to be excluded. t.p.s. chawla. j. took this view while allowing the amendment. i take the same view under s, 14 of the limitation act .....
Tag this Judgment!Court : Kerala
Reported in : AIR1974Ker28
..... provision. if the exemption had been taken away from an anterior date, from that date these lands would have been included in the circle. this conclusion of mine is further supported by the provisions in section 87. explanation. in respect of exemptions of other lands still available after 1-1-1970 if they ceased to be ..... various entries in this statement and seeks to quash them. the main attack made by the father-petitioner is that certain sections of the land reforms (amendment) act. 1972 (act 17 of 1972) relied on in the draft statement are ultra vires the powers of the state legislature and therefore are null and void. it is further ..... have been the nature of the petitioners' possession of the lands prior to the institution of these proceedings, the same had become unlawful thereafter. the land conservancy act 1957 and the machinery provided therein are to be utilised for eviction from government land in unauthorised occupation of another. the fact that the government proceeded to invoke .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD398; 2003(1)ALT182
..... illegality, irrationality and impropriety. 'impropriety', was described by lord diplock as not merely failure to observe the basic rules of natural justice or failure to act with procedural fairness, but also including failure of the administrator to observe procedural rules that are expressly laid down in the statutory instrument by which the ..... unofficial respondents either in appeal or in revision. the petitioner-society approached the government under the provisions of the a.p. urban areas (development)act, 1976 for change of land use by variation/modification of master plan. the government issued draft notification for variation of master plan in 1995 and ..... occupancy certificate holders also filed necessary declaration before the land reforms tribunal under the provisions of a.p. land reforms (ceiling on agricultural holdings) act, 1973 where they were declared as non-surplus land holders.4. the petitioner purchased these lands having regard to the proceedings before the inams tribunal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1260; 1991(2)BLJR767; (1991)2CompLJ197(SC); 1991CriLJ1438; 1991(2)Crimes113(SC); JT1991(2)SC147; 1992Supp(1)SCC222; [1991]2SCR1; 1992SCC(Cri)192
..... v. state of madras etc. [1970] 2 scr 931 this court held that before a public servant, whatever be his status, is publicly charged with acts of dishonesty which amounts to serious misdemeanour or misconduct, there must be suitable preliminary enquiry into the allegations by a responsible officer. lodging a first information report ..... the emphasis laid in both the sections are that no court shall take cognizance of offence against a public servant alleged to have committed while acting or purported to act in the discharge of official duty, except with previous sanction of the appropriate government. the object behind prior sanction is to prevent malacious, ..... public servant who discharges his duties honestly and diligently from the threat of prosecution. honest discharges of public duty would impinge adversely of the interests, acts or omissions of private persons who would be prone to harass in criminal proceedings and prosecution to demoralise a public servant.65. the nexus between the .....
Tag this Judgment!Court : Delhi
Reported in : 100(2002)DLT497
..... national bank and ors. : [1990]3scr649 , it was held that the scope of the provisions of the said act cannot be cut down on the basis of the apprehension that the corporations like the nationalised banks or lic, which are trading corporations and cannot be prescribed from buying the property in possession of the tenants ..... government of any union territory situated in the national capital territory of delhi or in any other union territory. (viii) any cantonment board constituted under the cantonments act, 1924 (2 of 1924), and (3) in relation to the (national capital territory of delhi)- (i) any premises belonging to the municipal corporation of ..... includes any such premises which have been placed by that government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendment act, 1980, under the control of the secretariat of either house of parliament for providing residential accommodation to any member of the staff of that secretariat; (2 .....
Tag this Judgment!Court : Delhi
Reported in : 2007(96)DRJ48
..... , then an order under section 33(2)(b) would not operate as rest judicata in a reference under section 10 of the act.16. the petitioner has also wrongly placed reliance on the following para in case of bengal bhatdee coal co. (supra):para 7:the tribunal apparently held that the inquiry was proper, though it has not said so in so ..... 486 in which an industrial dispute referred under section 10 of the act was heard after approval for termination from service had already been granted under section 33(2)(b ..... misplaced assumption that the scope of enquiry under section 33(2)(b) of the act is limited to finding out a prima facie case. the counsel for the petitioner relied upon a judgment of the constitution bench of the supreme court in the case of bengal bhatdee coal co., ltd. v. ram probesh singh and ors. reported as air 1964 sc .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT877
..... on the present case can be examined and recorded. the suit is for possession based 6n title and therefore, it is govered by article 65 of the limitation act, 1963. the period of limitation for such a suit is 12years when the possession of the defendants became adverse to the plaintiffs. patently neither rajamma nor plaintiffs ..... exists and to every case where confidence is reposed and betrayed.' (pages 995 and 996 of sarkar on evidence 13th edn.) the principle on which the court act in relieving against transactions on the ground of inequality of footing between the parties is not confined to cases where a fiduciary relation can be shown to exist ..... 1958 a.p. 662). such pasupukunkuma gifts are held to be legal and valid and accepted in land ceiling law proceedings - under andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 upto till today (c.k. anavema reddy v. a.p. land reforms appellate tribunal, (1977) 1 aplj 33, bhubaneswar naik santhosh raj v. special tahsildar (land .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2066; (1972)2SCC668; [1973]1SCR675; 1973(5)LC119(SC)
..... regulations made under the repealed act was unauthorised and invalid, the court construed section 24 of the general clauses ..... where the question as to the meaning of section 24 of the general clauses act arose. in that case, the directors of a colliery company and its managing agents were prosecuted under the mines act, 1952 for violation of coal mines regulations of 1926 made under mines act, 1923, which was repealed by 1952 act. repelling the contention that the prosecution in respect of the violation of those .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIIAD(SC)32; AIR1998SC1251; 1998(1)ALD(Cri)700; 1998(1)ALT(Cri)360; 1998CriLJ1638; 1998(2)Crimes65(SC); JT1998(2)SC375; 1998(2)SCALE261; (1998)3SCC625; [1998]2SCR162
..... upon was recovery of articles at the instance of the accused person. the trial court raised the presumption under illustration (a) of section 114 of the evidence act and convicted them but the high court acquitted them. on appeal by special leave, this court pointed implicate out that the third person who was injured did not ..... mrs. ruhi ohol and mr. rohan ohol) which possession has remained unexplained by the appellants, so the presumption under illustration (a) of section 114 of the evidence act will be attracted. it needs no discussion to conclude that the murder and the robbery of the articles were found to be part of the same transaction. the irresistible ..... insofar as they are necessary for the purpose, are relevant. so the evidence of identification is a relevant piece of evidence under section 9 of the evidence act where the evidence consists of identification of the accused person at his trial. the statement of the witness made in the court, afortiori identification by him of an .....
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