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Pratap V. Soni Vs. Gandhidham Development Authority and ors.

Court : Gujarat

Reported in : AIR1985Guj68

..... natural justice'. what are civil consequences' the question was posed and answered by this court in mohinder singh gill v. the chief election commr, new delhi (1978) 2 scr 272 : air 1978 sc 851 '.krishna lyer, j's observations in this connection in the aforesaid decision were extracted in the said para of the report as under :--'but what ..... as seen above, the disputed structure is within the limits of gandhidham town in kutch district. in the year 1957, the then bombay legislature enacted the said gandhidham act. the said act was to provide for development of gandhidham, for the control on erection of buildings therein and for certain other matters. it extended to the whole of gandhidham in ..... scr 272 . air 1978 sc 851. where it was observed : --'we have been told that wherever the parliament has intended a hearing it has said so in the act and the rules and inferentially where it has not specified it is otiose. there is no such sequitur. the silence of a statute has no exclusionary effect .....

Rail India Technical and Economic Services Ltd. and Another Vs. Vidyaw ...

Court : Allahabad

Reported in : 2001(3)ARBLR410(All); 2001CriLJ274

..... , the remedy provided by that statute only must be availed of. this principle has been reiterated in several decisions--see mohinder singh gill v. chief election commissioner, air 1978 sc 851 ; s. t. mathu swami v. k. natrajan, air 1988 sc616 and anugrah narain singh v. state of u. p., jt 1996 (8) sc ..... a.l. model law and rules were adopted with appropriate modification in legislation on domestic arbitration and conciliation. keeping that in view, the present arbitration and conciliation act, 1996 (act no. 26 of 1996) was enacted. the bill moved in the parliament mentioned several objectives and one of the objectives (no. v) is to minimise ..... challenge to the order ofreference is not to be raised before acourt at this stage. if we take it as aguiding principle for interpreting theprovisions of the act, it will be in conformity with the practice andprocedure in internationalarbitration. since our country is asignatory to some internationalconventions., the domestic law of thecountry should be .....

Uma Devi Nambiar and ors. Vs. T.C. Sidhan (Dead)

Court : Supreme Court of India

Reported in : AIR2004SC1772; 2004(1)BLJR583; (SCSuppl)2004(2)CHN56; 2004(2)CTC287; [2004(3)JCR208(SC)]; JT2003(10)SC470; 2004(2)KLT75(SC); (2004)3MLJ7(SC); 2003(10)SCALE624; (2004)2SCC32

..... executed according to the statute. (per lord penzance in lei mage v. goodbhan, l.r. 1 p. & d. 57, cited by fry. j., in green v. tribe, (1978) 9 ch d 231. in n.d. bani's law of succession (sixth edition) also about position has been delineated. from various decisions of the this court e.g. ram ..... clause. this is regulated by the well-known maxim 'cum duo inter se pugantia reperiuntur in testamentary ultimum ratumestest'. this principle is also contained in section 88 of the act which together with its illustrations, provides as under:'88. the last of two inconsistent clauses prevails. - where two clauses of gifts in a will are irreconcilable, so ..... ordinarily differ from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63. succession act. the onus of proving the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentaryry capacity and .....

Harish Chander Malik Vs. Vivek Kumar Gupta and Others

Court : Delhi

..... others, reported at air 1978 delhi 92, more particularly para 104, which is as under: 104. issue no.9 assuming that the property is situated in a slum area, no permission of ..... does not indicate that the legislature intended that the heirs of the tenants of commercial premises will cease to enjoy the protection afforded to the tenant under the act. the legislature could never have possibly intended that with the death of a tenant of the commercial premises, the business carried on by the tenant, however flourishing ..... on the death of the statutory tenant, therefore, the legal representatives of the statutory tenant are not entitled to the statutory protection afforded by the delhi rent control act, 1958. the protection ended with the death of the statutory tenant. 17. learned senior counsel next relied upon mohal lal goela and others v. siri krishan and .....

Commissioner of Police and ors. Vs. Acharya Jagadishwarananda Avadhuta ...

Court : Supreme Court of India

Reported in : 2004(2)CTC690; JT2004(3)SC224; (2004)3MLJ28(SC); 2004(3)SCALE146; (2004)12SCC770

..... be modified or supplemented by way of an affidavit in the proceedings as held by this court in mohinder singh gill v. the chief section commissioner : [1978]2scr272 .47. ananda marga had already been declared as a religious denomination by this court vide judgment dated 20.10.1983 as reported in acharya jagdishwaranand avadhuta etc ..... religious faith, there are some forms of practicing the religion by outward actions which are as much part of religion is the faith itself. the freedom to act and practice can be subject to regulations. in our constitution subject to public order health and morality and to other provisions in part ill of the constitution. ..... subsequent point of time.9. the protection guaranteed under articles 25 and 26 of the constitution is not confined to matters of doctrine or belief but extends to acts done in pursuance of religion and, therefore, contains a guarantee for rituals, observances, ceremonies and modes of worship which are essential or integral part of religion. .....

E.S.i. Corporation Vs. Excel Glasses Ltd.

Court : Kerala

Reported in : 2003(3)KLT42

..... 1975, the corporation had set up a sub-committee to make 'an indepth study of the various provisions of the act. this committee had submitted its report to the corporation in 1978. another committee was set up by the ministry of labour in 1981 to review of the working of the employees' ..... state insurance scheme. this committee had submitted its report in 1982. the corporation had considered the reports of both the committees and broadly endorsed their recommendations. the two committees together had made a number of recommendations involving amendments of the act ..... be sustained.38. learned counsel for the appellants also contended that the provisions of a social legislation have to be liberally construed. since the 1948 act is a beneficial provision, the power of the corporation should be liberally construed. they referred to the decisions in transport corporation of india v. .....

Somasundaram Corporation (Pvt.) Ltd,. Owners of Somasundaram Super Spi ...

Court : Chennai

Reported in : 1999(2)CTC364; (2000)ILLJ340Mad

..... financial crises, it is not open to the state government to restore it to the erst- while owner by imposing certain conditions. having said that to safe guard the public interest and in particular the employees of the said mill and after making categorical declaration in securing the principles laid down in article 39(b) and ..... were around 230 employees working in the mills. m/s somasundaram super spinning mill was taken over by government of india under industries (development and regulation) act, 1951 (central act lxv of 1951) and the management was vested with tamil nadu textile corporation limited as 'authorised person' on 7.12.1997. later the mill was acquired ..... 2nd respondent to manage the mills. the petitioners filed a writ petition, namely, w.p.no. 978 of 1978 before the supreme court challenging the legality of the said notification under section 18aa of the act 65 of 1951. the hon'ble supreme court permitted the petitioners to file an appropriate application for cancellation of the .....

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Reported in : 2002(1)BomCR419

..... the court would not interfere at the instance of the particeps criminals to relieve him from the legal effect of transaction. reference was made to ayerst v. jenkins [1978] 16 ec 275 which laid down the principle of equity which prevented the court from giving aid to a person guilty of immoral conduct to recover the property on ..... place. it was in this context that the following observations were made in the order: 'assuming that what the petitioners have contended is correct and mitsui, early guard and finco are persons acting in concert under the regulations, the fact remains that no shares of sesa goa have been acquired either by finco, mitsui or early ..... of the agreement reached, time and place, etc. relying upon the judgment of the supreme court in cit v. east coast commercial co. ltd. air 1967 sc 768, he contended that no direct evidence of overt act or concert between the members of the group having control over voting rights is always available. he relied upon the observations of .....

Flemingo Dutyfree Shops Pvt. Ltd., a Company Incorporated Under the Co ...

Court : Karnataka

Reported in : 2009(5)KarLJ9

..... been held that every activity of public authority especially in the background of the as sumption on which the authority enjoys immunity from the rigours of rent act would not act as private landlords must be judged by that standard. in view of our reasons recorded above as we have already held it is discharging public function ..... i). in support of the aforesaid submission, learned sr. counsel for the petitioner has rightly placed strong reliance upon the following decisions of the supreme court reported in 1978(3) scc 503 @ 510 in the case of dr. amarjit singh ahluwalia v. the state of punjab and ors. wherein the law has been laid down at ..... clause 25.4 sovereign immunity, unconditionally and irrevocably agreed to by first respondent/union of india to constitute either a private commercial establishment or public or governmental acts, any proceedings should be brought against it or its assets by any party in relation to the agreement therefore, it is contended that the nature of functions .....

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... both the learned judges have analysed the issues in detail with reference to the various provisions of the constitution, the a.p. panchayat raj act, 1994 (act. no. 13 of 1994), the constitutional validity of which has been challenged in the petitions, the rules framed thereunder and various administrative instructions ..... anr., : [1975]1scr173 , b. banerjee : kamal lal ghosal v. anita pan, : [1975]2scr774 , union of india v. sankalghand himatlal sheth and anr., 0065/1977 : [1978]1scr423 , bhim sen v. state of u.p., : 1955crilj1010 , gamini krishnayya v. guraza seshachalam and ors., : [1965]1scr195 , raza buland sugar co., limited, rampur v. ..... or diminution of the representative governance mechanism of panchayats (a. 243o).28. the petitioners contend that the provisions of the constitution (73rd amendment) act exemplify a constitutional signal that the panchayats function as vibrant institutions of local self-government and not mere administrative arrangements of the state executive. .....