Court : Gujarat
Reported in : AIR1994Guj167; (1994)2GLR1498
..... the decisions reported in the cases of ghaisgaon borough municipality v. multanchand fulchand sancheti, air 1956 bom 675, r.r. dalavai v. government of tamil nadu, 1978 mad lj 93, shri mohan singh v. municipal corporation of delhi, 1980 mcc 196 (delhi), corporation of trivandrum v. bhaskaran nair, 1988 (1) mcc 338 ..... delegation of powers tothe deputy municipal commissioner and/orassistant municipal commissioner fromtime to time. in any case, section 49(2) seemsto indicate that when acts are performed bythe deputy municipal commissioner or theassistant municipal commissioner, then byvirtue of the said statutory provision, theyshall be deemed to have been performed anddone ..... :-- '.....i am in respectful agreement with theabove view expressed by tendolkar, j. it is,therefore, clear on the plain language of section 11of the act that the court has jurisdiction tointerfere with the contractual rent if and onlyif it considers the same to be excessive, i.e.,unreasonably high.........' while fixing .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... tried accordingly. however, claim under section 140 is triable summarily and expeditiously without requiring the victim to establish death or permanent disability due to any wrongful act, neglect or default or the owner of the vehicle concerned or of any other person. compensation awarded under this provision is being awarded under no ..... rules, 1989 contains adequate provisions which would enable the claims tribunal to satisfy itself in respect of matters necessary for awarding compensation under section 140 of the act. sub-rule (9) of rule 231 provides that the claims tribunal shall proceed with the application for compensation, on the basis of -(i) first ..... legislature has specifically provided scheme of adjustment of compensation under section 140 read with section 141 and section 162 if the claimants get compensation under the act, while there is no such provisions under section 163a. addition or introduction of such scheme in provisions would be impermissible.use of different words such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1219; 1995(43)BLJR1053; 1995CriLJ2665; 1995(2)Crimes161(SC); JT1995(3)SC228; 1995(2)SCALE331; (1995)4SCC392; [1995]2SCR826; 1995(2)LC212(SC)
..... code of 1898 was repealed and replaced by the code section 350 was renumbered as 326 without any textual change. however, later on by the criminal procedure code (amendment) act, 1978 the section was amended to vest the power and discretion exercisable thereunder by a magistrate to a judge also. with the amendments detailed above section 326 read, ..... factions, as often observed in authoritative decisions there is a tendency to include the innocent with the guilty and it is extremely difficult for the court to guard against such a danger. the only real safeguard against the risk of condemning the innocent with the guilty lies in insisting on acceptable evidence which in ..... have no manner of application herein. there questions arose as to whether (i) the high court could transfer a case triable according to criminal law amendment act, 1952 ('1952 act' for short) by a special court constituted thereunder to another court, which was not a special court and (ii) the earlier order of the supreme .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1015; JT1987(1)SC227; (1987)ILLJ337SC; 1987(1)SCALE175; (1987)1SCC631; [1987]2SCR49; 1988(1)SLJ7(SC); 1987(1)LC569(SC)
..... and recruitment of employees are hereby repealed, subject to the provisions as contained in the provisos to sub-sections (1) and (2) of section 149 of the delhi police act, 1978' had been introduced by an amendment of the rules on may 2, 1983 it must be presumed that the punjab police rules, 1934 in so far as they related to ..... and recruitment of employees are hereby repealed, subject to the provisions as contained in the provisos to sub-section (1) and (2) of section 149 of the delhi police act, 1978.4. the rules were again amended in 1985. on that occasion rule 9 of the rules which provided for the recruitment of the constables was amended but we are not ..... .2. prior to the coming into force of the delhi police act, 1978 (act no. 34 of 1978) (hereinafter referred to as 'the act') with effect from the 1st day of july, 1978, there was in force in the union territory of delhi the police act, 1861. on the commencement of the act, the police act, 1861 ceased to be in force in delhi by virtue of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)774; AIR1996SC646; [1996]85CompCas920(SC); JT1996(1)SC8; 1996(1)SCALE13; (1996)1SCC642; [1996]1SCR58
..... and it was declared that the business carried on by peerless did not fall within the mischief of the prize chits and money circulation schemes (banning) act, 1978. the said view of the division bench of the high court was affirmed by this court in reserve bank of india v. peerless general finance & investment co. ..... the exemption already granted. thereupon peerless filed a writ petition in the calcutta high court for a declaration that the prize chits and money circulation schemes (banning) act, 1978 did not apply to the business carried on by it. the said writ petition of peerless was allowed by a division bench of the calcutta high court ..... provisions of the said directions of 1977. while the said matter was pending, the prize chits and money circulation schemes (banning) act, 1978 was enacted by parliament and it came into force with effect from december 12, 1978. the bank took the view that the schemes conducted by peerless were covered by the provisions of the said .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(6)KarLJ710
..... whether the deputy commissioner, in the appeal preferred by the petitioner under section 5-a of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short, the act'), was justified in eschewing the material document marked as page nos. 116 and 154 in the darkast file, maintained by the tahsildar, north taluk, an enclosure to the ..... the application for grant of land.5. the assistant commissioner, having specifically noticed the certificate, declined to record a finding that the conveyance was hit by section 4 of the act, by order dated 17-4-2007 annexure-g. however, the deputy commissioner, -in appeal preferred by the 3rd respondent, reversed the said finding without reference to certificate appended to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962
..... the board'). the board was established under the provisions of the west bengal central valuation board act, 1978 (for short 'the 1978 act').3. valuation of the holdings used to be governed by sections 10, 11 and 12 of the 1978 act. before we embark upon a detailed analysis of the provisions thereof, we may notice that they ..... thereto were deleted. the west bengal central valuation board (valuation of lands and building) rules, 1984 (for short 'the 1984 rules') framed under the 1978 act were also amended by a notification dated 30.03.1984 wherein provisions pertaining to filing objection petitions against the draft annual valuation and determination thereof were deleted. ..... provisions, in our opinion, are per se unreasonable and arbitrary. the review committee is not independent of the municipality or the board. whereas under the 1978 act, a person having the requisite knowledge was to be appointed by the state government as chairman of the review committee, the affairs of the review committee .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(2)BomCR235
..... ., : [1981]1scr801 . in the said decisions the supreme court had an occasion to consider the provisions of prize chits and money circulating schemes (banning) act, (43 of 1978). an argument was advanced therein that exemption granted in favour of the government and banking companies etc. is violative of the petitioner's fundamental rights guaranteed under article ..... arbitrary. in this context the supreme court quoted with approval the following observations from the union of india v. m/s. parameshwaran match works etc. : 1978(2)elt436(sc) :'the choice of a date as a basis for classification cannot always be dubbed as arbitrary even if no particular reason is forthcoming for ..... an inquiry into indebtedness among the textile workers in greater bombay in the context of the maharashtra debt relief, act, 1975'. this inquiry was conducted by the ambedkar institute for labour studies in the year 1978 after the decision of the supreme court in fatehchand's case. it is observed in the report that 'it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2114; 1995(1)CTC465; JT1995(1)SC247; 1994(4)SCALE1106; (1995)1SCC519; [1994]Supp5SCR666
..... of land for the purposes of slum clearance. the provisions of chapter vi are substantially similar to the provisions of the said act, that is to say, the tamil nadu acquisition of land for harijan welfare scheme act, 1978, except that, by reason of section 21, no solatium is payable to the land owner whose land is acquired. the ..... of madras dated 9th september, 1981, whereby the tamil nadu acquisition of land for harijan welfare schemes act, 1978, was struck down as being ultra-vires the constitution of india. the high court came to the conclusion that the said act did not enjoy the protection of articles 31c or 31a and that it was violative of articles 14, ..... whose land was sought to be acquired under the provisions of the land acquisition act for the purposes of a harijan welfare scheme after the coming into force of the said act, that is, the tamil nadu acquisition of lands for harijan welfare scheme act, 1978. the appellant filed a writ petition in the madras high court for a direction .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1061a
..... description, moveable or immoveable, but does not include agricultural land, growing crops, grass or standing trees on such land.90. by section 24 of the finance act, 1969, section 2(e) was amended omitting the non-inclusion of agricultural land for the assessment year commencing from april 1, 1970 and for all subsequent assessment ..... is that section 91 gives general powers and then gives certain specific powers by way of illustration, and that apparently was the interpretation placed on the act by the privy council before attorney-general for ontario v. attorney-general for the dominion. but whatever the interpretation, the same test was applied by ..... cleavage of opinion existing in india with regard to allocation of residuary legislative powers. the result was the enactment of section 104 of the govt. of india act, which provided :104. residual powers of legislation(1) the governor-general may by public notification empower either the federal legislature or a provincial legislature to .....
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