Judgment Search Results Home > Cases Phrase: disturbed areas special courts act 1976 section 3 declaration of an area as disturbed area Page 1 of about 2,552 results (0.303 seconds)

Sri Govind Singh and 6 ors. Vs. the Principal Secretary to Government, ...

Court : Andhra Pradesh

Reported in : 2008(1)ALT593

..... originally late zaidunissa begum filed a declaration under section 6(1) of the urban land (ceiling and regulation) act, 1976 (act 33 of 1976) (for short 'the act') before the 3rd respondent-special officer and competent authority. ..... it is further stated that the draft statement under section 8(1) of the act is confirmed with alteration in the area as per check measurement and declared as surplus holder to an extent of 33280 square ..... 733, dated 31.10.1988 has been issued by the government in exercise of its powers under section 20(1)(a) of the urban lands (ceiling and regulation) act, 1976 enunciating a policy to grant exemption of vacant land in the peripheral area as specified in column (3) of schedule-i to the urban lands (ceiling and regulation) act, 1976 prescribing a maximum of 5 acres of land, that too, after making provision for roads, open ..... went to the supreme court and the supreme court did not disturb the findings of this court in ps rao's ..... that as per land use certificate issued by hyderabad urban development authority except two small bits in western side, rest of the area is specified for the purpose other than agriculture and as such the land in question is treated as vacant land. ..... 733 was automatic even without making an application subject to conditions that the excess land is in peripheral area and that the extent is five acres exclusive of land set apart towards roads, open spaces, school and hospital and in this case those conditions were satisfied and hence the .....

Meria Venkata Rao Vs. State of Andhra Pradesh and Others

Court : Supreme Court of India

Reported in : AIR1994SC471; 1992(1)SCALE522; 1995Supp(1)SCC245

..... noticing the definitions of the terms 'standard holding' and the provisions of sections 4 and 5 and also of section 7 of the act which contain special provisions in respect of certain transfers made prior to the coming into operation of the act which came into effect on may 2, 1972, the high court confirmed the findings of the tribunal regarding the excess area held by the appellant. ..... the declarations were clubbed together and the appellant and his wife were treated as one family unit within the meaning of section 3(f) of the act. ..... except the transaction effected in 1952, the other transactions were ignored for the purpose of computing the ceiling area of the appellant and the holding of the appellant was computed including the lands alienated by the transactions between 24.1.1971 and ..... was on the basis of this finding that the tribunal came to the conclusion that the said transactions were made in anticipation of the said act and the high court was, in our view, justified in declining to interfere with the same. ..... the appellant filed the declaration under section 8(1) of the act showing a holding of 119 acres and 82 cents of ..... the latter act prohibited alienations or transfers by persons holding land in excess of the specified limits set out in section 4 of that act after the commencement of the act which came into effect on may, 2, ..... the high court has not disturbed this conclusion as stated in this regard as follows:so far as the alienations covered by category no. (1), ..... of 1976. .....

K.R. Raghavan Nair Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2001(2)ALD503; 2001(2)ALT442

..... government who are promotees from amongst the forest rangers in subordinate service to class ii service as assistant conservator of forests in the year 1980 when this applicant was undergoing training at burnihat, assam, is patently illegal and an act without jurisdiction by the state government of orissa..we do not want to unsettle settled matters which will lead to several complications'.11. ..... , : (1993)iillj807sc , held that the tribunal ought not to have disturbed the seniority after a long lapse of time when respondent had not challenged it before the same was finalised in 1979 and observed as under:'..... ..... rameshwar prasad, : (1976)illj295sc , the apex court in s.b. ..... it is a well settled principles of law that the seniority list should not be permitted to be disturbed after a long time. ..... even when the writ petitions filed by chalpathi and others were pending they did not intervene before the high court. ..... at no point of time they challenged the seniority lists in the court. ..... seniority between the parties has been determined as far back as in the year 1976. ..... , 24-8-1976. ..... the petitioner herein opted for the first mode of promotion and was regularly promoted as senior division clerk on 24-8-1976. .....

Mohd. Afzal and anr. Vs. Common Wealth Hotel Private Limited, Rep. by ...

Court : Andhra Pradesh

Reported in : 1993(1)ALT17

..... main suit itself is for recovery of possession of the suit schedule building and several contentions have been raised in the same in resisting the suit and unless and until the suit is decreed, possession cannot be disturbed and that pending said suit, if delivery of possession is ordered in an interlocutory application, it will practically amount to decreeing the suit at the interlocutory stage and that failure to comply with the directions of the high ..... seth hiralal is only an authority for the proposition that even in a case where the requirements of order 39 of the code of civil procedure are not satisfied, the court has inherent power to issue injunction in the interest of justice and that the inherent power under section 151 of the code of civil procedure is not affected or limited by the other provisions of the code of civil procedure. ..... 240 of 1990 itself, it was made clear that any observations or findings recorded in the said revision are only prima facie findings and the trial court while disposing of the suit is free to proceed with the same on its own merits and in accordance with law and therefore, the said directions are only directions pending suit which will have to be gone ..... the said contempt case is dismissed by me today on the ground that failure to comply with the directions of this court will not attract the provisions of contempt of courts act and i also further stated that the order in c.r.p.no. ..... union of india, : [1976]1scr803 . .....

Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Reported in : 1996(5)BomCR564

..... he submitted that as the principle and object of the special courts act was to ensure that the banks and financial institutions whose properties had been diverted could recover those properties, the court must interpret section 11 in order to further the object. ..... he submitted the non obstante clause in sections 11 and 13 of the special courts act will operate only if there is anything contrary to or inconsistent with the provisions of the special courts act. mr. ..... in other words the term 'taxes' as used in section 11(2)(a) of the special court act should have the same meaning as in the constitution.69. dr. ..... , the time is approaching for distribution of their assets under section 11 of the special court (trial of offences relating to transactions in securities) act, 1992 (hereinafter for brevity's referred to as 'the special court act'). ..... balasubramanian also submitted that by virtue of sections 2 and 11 of the special courts act, in effect a notified party was put into a civil death. ..... thus even though there is no declaration of bankruptcy, the effect is that notified parties cant deal with their properties in the manner which they otherwise would have been entitled to deal. ..... at that time the finance act of 1940 was not operative in the area in question and the governor, by his notification, cannot give jurisdiction to the income tax officer in respect of his ultra vires notices. .....

Naga People's Movement for Human Rights (NPMHR) Vs. Union of India (UO ...

Court : Guwahati

..... the senapati district of manipur, hereinafter referred to as the 'the district, having been declared as a disturbed area under section 3 of the armed forces (special powers) act, 1958, hereinafter referred to as 'the act', alleging infringement of the fundamental rights guaranteed under arts. ..... (4) no civil proceedings in which relief is claimed against the president or the governor of a state, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as president or as governor of such state, until the expiration of two months next after notice in writing has been delivered to ..... in the instant case the question arises as to whether in the absence of the governor the justification or the basic data, which resulted in the satisfaction or opinion of the governor for declaration of senapati district as a disturbed area will be available for scrutiny of the court we find no reason why the state government would not be able to provide the same. ..... the only methods by which, before the passing of the crown proceedings act, 1947, redress might be sought against the crown in the courts were by way of petition of right, which could be filed on the grant of the royal fiat; by suits against the attorney-general for a declaration; or by actions against ministers and government departments which had been incorporated or declared liable to suit by statute. .....

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

..... in his individual capacity as a public interest litigant he prays for a direction that the areas in manipur declared as a disturbed area in terms of section 3 of the armed forces (special powers) act, 1958 (for short the afspa ) be withdrawn and the notification issued in this regard be quashed.9. ..... as mentioned above, manipur has been a disturbed area since 1958 as a result of declarations issued under section 3 of the afspa from time to time. ..... since then the entire union territory of manipur (and subsequently the entire state of manipur) has been declared a disturbed area in terms of section 3 of the afspa.[26]. ..... the armed forces of the union for the time being in force is brought before a magistrate and charged with an offence for which he is also liable to be tried by a court martial or coast guard court, as the case may be such magistrate shall not proceed to try such person or to commit the case to the court of session, unless:- (a) he is moved thereto by a competent military, naval, air force or coast guard authority; or (b) he is of opinion, for reasons to be recorded, that he should so proceed or to commit ..... this has been the constitutional position ever since entry 1 of list ii of the seventh schedule was amended by the constitution (forty-second amendment) act, 1976 and entry 2a was inserted in list i of the seventh schedule to the constitution by the same amendment act. .....

indrajit Barua Vs. the State of Assam and anr.

Court : Delhi

Reported in : AIR1983Delhi513

..... section 2 of the assam act defines 'disturbed area' to mean an area which is for the time being declared by notification under section 3 to be a disturbed area ..... regard to the two impugned notifications issued by the governor of the state of assam it was ordered that the two impugned notifications will take effect but no power shall be exercised under the provisions of section 4 of the assam disturbed areas act and section 4(a) of the armed forces (special powers) act, 1958; exercise of which powers was stayed. ..... original ex-parte stay was somewhat modified but the operation of section 4 of the assam disturbed areas act, 1955 and of section 4(a) of the armed forces (special powers) act, 1958 was stayed. ..... (21) the long title of the central act reads, 'an act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the state of assam and the union territory of ..... and 833 of 1980 are the assam disturbed areas act, xix of 1955 enacted by the assam legislature and the armed forces (assam and manipur) special powers act, 28 of 1958 read with the armed forces (assam and manipur) special powers (amendment) act, 1972 (no. ..... the high court was further directed to treat the material placed before the supreme court in the special leave petition as material placed before it and also give liberty to the parties to produce such other material as they desire to ..... was consequent to orders passed by the supreme court of india in special leave petition (civil) no. .....

Basi Singh Vs. State of Assam and ors.

Court : Guwahati

..... imposition of prohibitory order, curfews, police firing were 'the order of the day', so much so, that the entire state of assam was declared a 'disturbed area' and the assam disturbed areas act as well as the armed forces (special powers) act had to be brought into operation. ..... where freedom is in peril and justice is threatened all citizens shall receive the fullest protection from the court within the four corners of articles 21 and 22 of the constitution and the safeguards provided in the ordinance benignantly stretched and liberally interpreted, within the legitimate limit. ..... state of delhi : [1951]2scr451 , the ground of detention was:in pursuance of section 7, preventive detention act, you are hereby informed that the grounds on which the detention order dated 22-8-1950 has been made against you are that your speeches generally in the past and particularly on ... ..... there was no violation of the provisions of article 22(5) and/or provisions of section 3 of the ordinance and as such we turn down the contention.the ultimate submission of the learned counsel is that the detenu was at hojai when the arms training was imparted in the hills of basistha. ..... magistrate, jabalpur : 1975crilj46 , the detention, order was served upon a person who was committed to jail custody in security proceeding under sections 151/117 of the criminal procedure code (old). .....

indrajit Baruah Vs. State of Assam and anr.

Court : Guwahati

..... -- whereas the governor of assam after careful consideration of all facts and circumstances is of opinion that the areas mentioned in the schedule below are in such a disturbed or dangerous condition that the use of armed forces in aid of civil power is necessary :now, therefore, in exercise of the powers conferred by section 3 of the armed forces (special powers) act, 1958 as amended, the governor of assam is pleased to declare the areas mentioned in the schedule below as disturbed areas within the meaning and for the purpose of the said ..... from the materials placed by the writ petitioner himself before this court as also before the supreme court, it cannot be said that there is no kind of disturbances to public tranquillity, serenity or 'rita' in the state for sometime. ..... their lordships further directed that this high court may consider the materials placed before the supreme court as the materials placed before this court and also give liberty to the parties to produce such other materials as they desire to produce. ..... respectfully perused the order dated 16-4-1980 passed by the hon'ble supreme court in special leave petition (civil) no. ..... the learned solicitor-general fairly confines himself to two questions, namely, prima facie case and the balance of convenience, and takes me through the materials placed before the hon'ble supreme court in the special leave petition. .....