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Sermen (India) Road Makers Pvt. Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2005(3)MPHT292

..... (2) notwithstanding anything contained in sub-section (1), where no proceeding has been commenced at all before any court preceding the date of commencement of this act or after such commencement but before the commencement of madhya pradesh madhyastham adhikaran (sanshodhan) adhiniyam, 1990, a reference petition shall be entertained within one year of the date of commencement of madhya pradesh madhyastham ..... , a two judge bench of the apex court has expressed the view, and application under section 8 or 20 of the arbitration act, 1940 is to be preferred within a period of three years from the date claimant asserted the claim and the payment was denied ..... union of india, : [1967]1scr303 wherein it has been laid down as follows :--'there is no doubt that clause (i) of section 37 of the arbitration act deals only with the authority of the arbitrator to deal with and decide any dispute referred to him : it has no concern with an application made to the court to file an arbitration agreement and to refer a ..... not confer authority upon the court to reject the application under for filing of an arbitration agreement under section 20 of the arbitration act because the claim is not made within three years from the date on which the right to apply arose. ..... : [1964]3scr495 , wherein their lordships have registered the view as under :--'under section 3 of the limitation act, it is the duty of the court not to proceed with the application if it is made beyond the period ..... delhi development authority, .....

Md. Munna Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3440; 2005CriLJ4124; 123(2003)DLT388(SC); 2005(85)DRJ257; (2006)1GLR114; 2005(3)JKJ35[SC]; JT2005(8)SC348; 2005(4)KLT256(SC); (2005)7SCC417

..... legally executable in jail either under the criminal procedure code 1898 or 1973 or any other law and the officer in charge of jail can be the person at the place envisaged under section 32 of the prisoners' act (act 3 of 1900) just for the intermediate custody and that he is bound to deliver the person over to the appropriate authority and custody for the purpose of removal to the places for carrying out or executing the ..... every case in which a sentence of transportation for a term has been passed before the commencement of the code of criminal procedure (amendment) act, 1955 (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term ..... 'summarising the decision, it was held in para 8 as under:'briefly stated the legal position is this : before act xxvi of 1955 a sentence of transportation for life could be undergone by a prisoner by way of rigorous imprisonment for life in a designated ..... he relies on the explanation to section 61 of the west bengal correctional services act, 1992 (west bengal act xxxii of 1992) whereunder the imprisonment for life is equated to a term of 20 years imprisonment.another contention raised by the petitioner is that the petitioner was sentenced to 'imprisonment for life', a punishment introduced by the code of criminal procedure (amendment) act 26 of 1955 as one form of punishment distinct from the punishment of rigorous or simple imprisonment shown in clause (4) of section 53 of the code .....

Pallava Granite Industries (India) Pvt. Ltd. Vs. Union of India (Uoi) ...

Court : Supreme Court of India

Reported in : JT2006(10)SC318; 2006(11)SCALE511

..... of its rights in the mining lease; that without the approval of the central government under section 17a(2) of the 1957 act it was not permissible to exchange the lands and therefore the said memo dated 14.3.2006 was unlawful and invalid in law and should be ..... absence of any legislation prior or posterior thereto on its subject matter the lease shall take effect according to its tenor and will not be regulated by the provisions of the transfer of property act unless justice, equity and good conscience require that the principles contained therein should be applied. ..... that the state government being the competent authority for granting surface rights over the land and also for granting mining lease under section 5(1) of the 1957 act after sanctioning the lease in favour of the appellant, had directed the district collector to implement g.o. no. ..... approval for the said exchange was required to be obtained from the central government under section 17a(2) of the 1957 act; that such approval was required if the boundaries of the reserve area stood altered. ..... certain officers of the state government to release the lands declared as surplus under section 14(6) of the 1973 act in order to exploit galaxy granite by granting lease to private parties, namely, the appellants. ..... : air1983delhi377 , the delhi high court has held that every grant has to be subject to any future executive action, which must be decided by the needs of the community and that the government cannot, by contract, ..... delhi .....

Kailash Chand Goyal Vs. the State and ors.

Court : Delhi

Reported in : 1984CriLJ1039; 1984(1)Crimes703; 25(1984)DLT241; 1984RLR278

..... a news-item regarding the raid alleging that an illiterate middle aged man had made a fortune through his ration shops in south delhi, and bad been caught by the income-tax department for evasion of tax worth severallakhs of rupees appeared in the press on 6th ..... has been detained under the order passed by the administrator of the union territory of delhi in exercise of the powers conferred by section 3(1) read with section 2(c) of the prevention of blackmarketing and maintenance of supplies of essential commodities act, 1980, with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies of commodities essential to the community ..... statements of the detenu under section 132 of the income-tax act, one made at l-1 green park extension market and the other at j-3a, green park extension, new delhi, were recorded by the income-tax officer in the presence of ..... one of the grounds is that the detenu in his statement made under section 132 the income-tax act on 30th november 1982, admitted having unauthorisedly and for profit diverted essential commodities which he used to get at subsidized rates from the ..... the department of food and supplies, delhi administration, while recommending the detention of petitioner under the prevention of black marketing and maintenance of supplies of essential commodities act, placed before the administrator, union territory of delhi, not only the investigation report but also copies of documents obtained by them from the .....

Ramanama Sankirthana Sangham and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2006(1)ALD468; 2006(2)ALT18

..... and for incurring of expenditure;(iii) sue or be sued by the name of the institution or endowment in all legal proceedings:provided that any legal proceeding pending immediately before the commencement of this act, by or against an institution or endowment in which any person other than an executive officer is suing or being sued shall not be affected; (iv) deposit all moneys received by the institution ..... if the rate of interest offered by it is higher than that of any bank; (v) have power in cases of emergency, to direct the execution of any work or the doing of any act which is provided for in the budget for the year or the immediate execution or the doing of which is in his opinion, necessary for the preservation of properties of the institution or endowment or ..... for the service or safety of the pilgrims resorting thereto and to direct that the expenses of executing such work or the doing of such act shall be paid from the funds of the institution or endowment:provided that the executive officer shall report forthwith to the trustee any action taken by him under this sub ..... the petitioner - institutions resulting in civil consequences, may have been justified when the writ petitions were filed in the year 1993, since section 29(6) of act 30 of 1987, (as it stood prior to its amendment by act 34 of 1997 with effect from 1.4.1998), provided that the salary, allowances and other remunerations of an executive officer shall be paid in the first instance .....

Ramesh Birch and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629

..... judge observed:it is hard to say that any firm legislative practice had been established before the delhi laws act and other acts we are concerned with were enacted, but one may presume that the legislature had made several experiments before the passing of these acts and found that they had worked well and achieved the object for which they were intended ..... was right when he pointed out in rajnarain singh's case : [1955]1scr290 and his summary in the case, of the conclusions arrived at in the delhi laws act case, has consistently been referred to with approval in later decisions of this court as an authoritative exposition - that:because of the elaborate care with which every aspect of the problem was examined in that ..... a good deal of the arguments addressed before us naturally turned on the ratio and effect of the decision of this court in the delhi laws act case (supra) but, before turning to the arguments, it is necessary to give a brief history of section 87, the interpretation of which is ..... provincial government may, by notification in the official gazette, extend with such restrictions and modifications as it thinks fit, to the province of delhi or any part thereof, any enactment which is in force in any pan of british india at the date of such notification.section 2 of act ii: the central government may, by notification in the official gazette, extend to the province of ajmer merwara with such restrictions and modifications as it thinks fit any enactment which is in force .....

Farhat HussaIn Vs. Union Territoly of Delhi and anr.

Court : Delhi

Reported in : 42(1990)DLT237; 1990(19)DRJ163

..... section 6 provides for enhanced penalties on contravention of provisions acts & rules mentioned in the said section section 6 is applicable if contravention takes place in any area notified in that behalf by a state government insofar as the union territory of delhi is concerned, the notification under section 6 of 1985 act was issued on 11th april, 1986. ..... bail application of saran singh was also not considered by the designated court but was considered by direct and sessions judge, delhi, and by orders made on 28th march 1989 made by district and sessions judge. ..... thus the provisions of section 6 of 1985 act became operative, insofar as the territory of union of delhi is concerned, with effect from 11-4-1986. ..... delhi, dismissed the bail application of the petitioner on the ground that the case had to be tried under the terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred to as 'the act') because the alleged recovery was of april, 1989 when the said act was ..... alias pleaded that the statement given by saran singh is hit by section 24 of the indian evidence act and is not admissible under section 27 of the said act as recovery of the pistol, if any, had already taken place. ..... impugned order dated 3-6-1989 made by shri r.l.chugh, additional sessions judge, delhi, insofar as it directs that the case has to be tried under the act, is quashed. ..... issued of the notification the union territory of delhi became a notified area as contemplated by section 6 of 1985 act. .....

The Oriental Insurance Co. Ltd. Vs. Tej Paras Associates and Exports P ...

Court : Rajasthan

Reported in : 2009(2)WLN14

..... the application before the jaipur court, as the appellant-company itself has sought clarification from the learned arbitrator by filing application on 13.07.2004 much before the filing of the application under section 34 of the arbitration act and that application was decided on 17.12.2004 and the application under section 34 was filed on 03.03.2005 much prior to the filing of the application under section 34. ..... the original application was taken by appellant from jaipur court on 29.03.2008 but that was not filed on or before 02.04.2008 before the district judge, jodhpur but later, on 10.04.2008 on application under section 34 of the arbitration act was filed before the learned district judge, jodhpur wherefrom the application was again transferred to the court of learned additional district judge no. ..... been able to establish that due care and diligence was taken in filing the application and conducting the case before the jaipur court, therefore, he was entitled to exclusion of time under section 14 of the limitation act and further the delay caused in filing the application under section 34 before the jodhpur court was entitled to be condoned?10. ..... union of india (supra), it has been held that merely because the sole arbitrator conducted the proceedings in delhi where the principal office was situated would not clothe delhi high court with jurisdiction. ..... union of india, : air 2002 delhi 318, 9. ..... , : air 1973 delhi 24, 13. .....

Tamil Nadu Matriculation and CBSE School Teachers' Association, repres ...

Court : Chennai

Reported in : (2002)3MLJ351

..... pre-primary, primary, middle or high school or higher secondary school or any other institution imparting education or training, established and administered or maintained by any person or body of persons, and recognised by the competent authority under this act but does not include a school or an institution- (a) imparting technical or professional education; (b) established and administered or maintained by the central government or the state government or any local authority; (c) maintained or approved by, or ..... from the above decisions of the supreme court that even in the absence of legislation, in view of the fact that the matriculation schools were in existence even prior to the enactment of private schools act, affiliated and controlled by madras and madurai universities, and also of the fact that after constitution of the 8 members sub-committee and after its suggestion and acceptance by the board of matriculation education ..... chandru, learned senior counsel for the petitioner, by drawing my attention to various safeguards provided for teachers in the private schools act and the rules made thereunder, would contend that in the absence of similar statutory enactment in the code, the teachers in the matriculation schools are being exploited by the ..... the result of our discussion is that section 12 of the delhi school education act which makes the provisions of chapter iv inapplicable to unaided minority institutions is discriminatory and void except to the extent that it makes .....

Ms. Eera Through Dr. Manjula Krippendorf Vs. State (Govt. Of Nct of De ...

Court : Supreme Court of India

..... address the same, the victim through her mother, filed a petition under section 482 of the code of criminal procedure (crpc) before the high court of delhi praying, inter alia, that the matter 4 should be transferred to the special court under the pocso act as the functional age of the prosecutrix is hardly around 6 to 8 years and there is necessity for trial to be conducted in a most congenial, ..... appoint the director, department of social designated welfare, or representative, the nominated representative of the person with mental illness: as his that provided a person representing an organisation registered under the societies registration act, 1860 or any other law for the time being in force, working for persons with mental illness, may temporarily be engaged by the mental health professional to discharge the duties of a nominated ..... custody of the mother or the father for any other reason is unable to take care of the minor because of his physical and/or mental incapacity, the mother can act as natural guardian of the minor and all her actions would be valid even during the lifetime of the father, who would be deemed to be absent for the purposes of section 6(a) of the hmg ..... if the language or the phraseology employed by the legislation is precise and plain and thus 37 air 1953 sc 274 38 (2002) 1 wlr 2956 : (2002) 4 all er 654 (hl) 39 (1979) 2 scc 34 55 by itself, proclaims the legislative intent in unequivocal terms, the same must be given effect to, regardless of the .....