Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... in respect of 'forest' (not 'lands'); it is submitted that after the insertion of section 34a (interpretation clause in chapter v by the bombay act 62 of 1948) - by which act the expression 'or land' were also expressly deleted in section 35(3), the clear intention of the state legislature was that lands had first to be ..... the facts disclose completely abnormal case. he submits that if a literal construction is leading to absurdity, then, it is the duty of the court to supply words and avoid any contradiction and interpretation leading to anomalous and absurd result.69. mr.p.k.samdani appearing for the petitioners in writ petitionno. 1722 of ..... for the improvement of grazing;(d) for the maintenance of a water supply in springs, rivers and tanks; (e) for the maintenance, increase and distribution of the supply of fodder, leaf manure, timber or fuel(f) for the maintenance of reservoirs or irrigation works and hydro electric works;(g) for protection against storms, winds, rolling stones, floods .....
Tag this Judgment!Court : Delhi
Reported in : 151(2008)DLT789
..... us. 6. a piquant position had emerged in state of uttar pradesh v. sabir ali : 1964crilj606 because in the duration of the trial under the up private forest act, 1948, the presidency officer, who was a magistrate of the second class, had been conferred with powers of the magistrate of the first class. the sentence passed by him ..... should iron out the creases' - lord denning in seaford court estates v. asher (1994) 2 all er 155. approbation of this approach can be found in bangalore water supply v. a rajappa : (1978)illj349sc . the roots of an enactment have to be nourished and strengthened rather than deracinating the plant and provisions by adopting a negative or ..... gujarat 2001(2) scc 595 is of topical importance. the judicial magistrate first class had convicted the accused of an offence under section 138 of the negotiable instrument act, 1881 (ni act for short) and sentenced him to imprisonment for six months and a fine of rs. 83,000/-. their lordships referred to section 29(2) of the crpc .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... natural state in the territory waters and the continental shelf of india is vested in the union of india (the government). the oil fields (regulation and development) act, 1948 and the petroleum and natural gas rules, 1959, make provisions, interalia, for the regulation of petroleum operation and grant of licence and leases for exploration, development ..... the document as a whole but also to ascertain its meaning from the circumstances whereunder the said agreement came into existence.89. the principle is further elaborated in the godhra electricity co. ltd. and anr. v. the state of gujarat and anr. : [1975]2scr42 . the anr., : [1975]2scr42 . the anr., : [1975]2scr42 . the & ..... reserves covenent is made covenant is to apply applicable only at the throughout the term of the time of entering into agreement. any new gas supply obligation.d)supply of alternate fuel/ acceptance of alternate at alternate time is fuel made mandatory permitted only with seven upon the buyer and that days notice and .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... public authoritiesto decide and the final say in such matters should normally not come within the purview of judicial review.28. in dahanu taluha environment protection group v. bombay suburban electricity supply co. ltd. : (1991)2scc539 , the supreme court observed with respect to judicial review as under (page 541) :'the limitations, or more appropriately, the self-imposed ..... (d)(ii), nor does it answer the description of 'transfer' as defined in clause (f)(ii) of section 269ua of the income-tax act. (see in this connection sailendra kumar ray v. bank of calcutta ltd. [1948] 18 comp cas 1 (cal) and suhti-yanidhi (virudhunagar) ltd. v. a.r.s. subrahmanya nadar [1951] 20 comp cas 214 ..... (mad) and telesound india ltd., in re ). in sailendra kumar ray's case [1948] 18 comp cas 1, the calcutta high court held that in a situation of amalgamation even if it can be said that there was a transfer of asset, the transfer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402
..... .(emphasis suppled)76. in state of bombay v. ali gulshan : [1955]2scr867 , a constitution bench of this court considered vires of the bombay land requisition act, 1948 (act 23 of 1948). interpreting provisions of the constitution and schedule vii thereof, the court held that requisition of property by the government of bombay for accommodation of foreign consulate could be ..... the public would enjoy. they do not contemplate only a work which itself can be put by the public to its use. for example, a work producing electricity for supply to the public is a work which is useful to the public. so also a work producing any commodity like say, medicines or cloth would be a ..... purpose or for a company, as the case may be; and, after making such declaration the appropriate government may acquire the land in manner hereinafter appearing.(emphasis supplied)30. once the declaration under section 6 has been made, it shall be conclusive evidence that the land is needed for a public purpose.31. section 9 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; [1986]1SCR479; 1986(2)LC301(SC)
..... of them as are necessary. there was no statute dealing with these matters prior to the enactment of the mines and minerals (regulation and development) act, 1948 (act no. liii of 1948) but they were governed by executive rules. rules for the grant of mineral concessions in british india were for the first time made by the ..... validity of a circular, namely circular no. m.c.r. 2180 (166) chh dated february 12, 1981, issued by the deputy secretary, industries, mines and electricity department, government of gujarat, also falls for consideration in these writ petitions and appeals.2. it is unnecessary in order to decide these writ petitions and appeals to ..... defence of india (amendment) act, 1940, conferred upon the central government the power to make such rules as appeared to it 'to be necessary or expedient for securing the defence of british india, the public safety, the maintenance of public order or the efficient prosecution of war, or for maintaining supplies and services essential to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237
..... delhi cloth and general mills ltd. v. s. paramjit singh; (4) minerva talkies v. state of karnataka; (5) state of karnataka v. ranganath reddy; (6) kerela state electricity board v. s.n.govinda prabhu and bros.; (7) prag ice and oil mills v. union of india; (8) saraswati industries syndicate ltd. v. union of india; (9 ..... goods which are produced or manufactured in india as, and at the rates, set forth in the schedule to the central excise tariff act, 1985. 13. matter inadvertently missed in quoted extracts is supplied. for example, incorporation of matter missing in quotations from cases. raw text obtained from registry: scc page: where there is no ..... obtained from registry: scc page: corresponding citations from scc page: dr hori ram singh vs. emperor (air 1938 fc 43), gokulchand dwarkadas morarka vs. the king (air 1948 pc 82), shreekantiah ramayya munipalli vs. state of bombay (air 1955 sc 287) hori ram singh (dr) v. emperor, gokulchand dwarkadas morarka v. r.,shreekantiah ramayya munipalli .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR543; (2005)107BOMLR565
..... regulations made in the larger interest of the whole inhabitants of pune and keeping in view the influx of population, environment hazards, sanitation, provision for supply of water, electricity and other amenities.'25. in a more recent judgment in friends colony development committee v. state of orissa : air2005sc1 , the supreme court emphasized the ..... new houses for the lower and middle income groups since the chawls were insufficient to cater to the massive influx of population. the bombay housing board act, 1948 was enacted with a view to provide for the construction of new houses for persons belonging to the low and middle income groups. close on ..... 7) are an intrinsic part of the development plan for greater mumbai brought into force under the provisions of the maharashtra regional and town planning act 1966. the act of 1966 mandates due observance of statutory procedures in the making and publication of a development plan. these statutory procedures include surveys, preparation of .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... , dt-september 13, 1974notifications.r.o.in exercise of the powers conferred by sub-section (5) of section 1 of the employees' state insurance act, 1948 (central act 64 of 1948), the government of kerala, in consultation with the employees' state insurance corporation and with the approval of the central government, hereby given notice of its ..... executing certain contract works and since the contract was over long ago, those workers are unidentifiable now.3. e.s.i. corporation v. premier timber supplies 1993 iii llj(supp) 886 (ker)-db held that temporary employees as well as casual employees who may now be unidentifiable and employees employed through contractors ..... chalakkara, pallimon, nedumpana, kollam. the said proprietary concern is engaged in the manufacture of bricks. electric power is used for the manufacturing process by installing a 20 hp motor. the consumer number assigned by the kerala state electricity board to the establishment is 7074. it is an e.s.i. unit which was started .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104
..... that case the question which arose for consideration was as to whether in view of section 4(1)(a) of the indian electricity act, 1910, the licence for generation of electricity could be revoked where the licensee in the opinion of the provincial government makes willful and unreasonably prolonged default in doing anything required ..... have given his concurrence without application of mind or without calling for the necessary inputs. the argument, to say the least, deserves summary dismissal.(emphasis supplied)168. the decision in that case was rendered in the factual matrix obtaining therein. noticing that where members of the bar were required to be ..... regulation 25 of the life insurance corporation of india (staff) regulations 1960 framed under the life insurance corporation act, 1956 and read with section 15(g) of the city of nagpur corporation act, 1948 provided for disciplinary action and not disqualificatory, observing:11...no ground rooted in public policy compels us to magnify .....
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