Court : Supreme Court of India
Decided on : Dec-17-2003
Reported in : 2004(5)ALLMR(SC)369; 2004(1)AWC467(SC); 2003(10)SCALE874; (2003)12SCC642
..... land bearing survey no. 1071/2 measuring 2 acres and 5 guntas situated in pebair village for construction of apsrtc bus stand for which the draft notification under section 4(1) of the act was published in the gazette on 23.7.1987. the land so acquired by the aforesaid notification was admittedly abutting the national highway no. 7. since the ..... of the land at rs. 45.000/- per acre, equivalent to rs. 10/- per square yard. aggrieved by the award, the claimants made a reference application under section 18 of the act. the learned civil judge by its order dated 28.4.1992 determined the market value of the land at rs. 78/- per square yard and after allowing deduction ..... was required for developmental purposes, arrived at rs. 58/- per square yard as net payable. the reference court also awarded additional amount under section 23(1a) of the act @ 12% per annum from the date of subsequent publication of section 4(1) notification i.e. 28.2.1990 to the date of award i.e. 28.3.1991 and solatium @ 30% .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-2003
Reported in : JT2003(10)SC134; 2003(10)SCALE802; (2004)1SCC566
..... has been built upon by the tenant with the permission of the-landlord, has to be valued as a built up land or as vacant land under section 4(4) of the act for fixation of 'fair rent?' the rent controller, the appellate court and the high court of madras by the impugned order dated 14.9.2001 have ..... landlord and the question raised is on the method of valuation of the premises leased to the respondent tenant, in accordance with section 4(4) of the tamil nadu buildings (lease & rent control) act, 1960 (hereinafter referred to as 'the act' for short) for fixation of 'fair rent.' 2. the question, neatly put is whether in valuation of land with ..... as well as building allowed to be constructed by the tenant. 10. the definition of 'building' provided in section 2(2) clearly negatives such contention advanced on behalf of the landlord. section 2(2) defines 'building' as under: 'section 2(2) - in this act, unless the context otherwise requires- (1) xxx xxx xxx xxx (2) 'building' means any building or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-2003
Reported in : JT2003(10)SC440; (2004)ILLJ821SC; 2003(10)SCALE77; (2004)9SCC488; 2004(2)SLJ238(SC); 2004(1)LC707(SC)
..... as the remaining workmen are concerned, we are of the view that it would be just and expedient that they are paid a reasonable amount of compensation under section 30 of the 1971 act which would be calculated in the manner indicated hereinafter. each of the remaining workmen shall be paid a lump-sum amount calculated at 85 days' salary, inclusive ..... in the model standing orders by suitably amending the same and not the deletion or omission of any rule from the model standing orders. what is barred under section 3 of the 1946 act is deletion or omission of any rule from the model standing orders relating to any matter set out in the schedule. in the case on hand, the ..... connection may be made to decision of this court in the case of dhurandhar prasad singh v. jai prakash university and ors. jt 2001(5) sc 578. by section 4 of the 1946 act, as amended in 1956 by the parliament, which is not applicable to the state of maharashtra, as would appear from the state amendment, a duty has been .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(4)ALD307; 2004(3)ALT665
..... against him. similary, a division bench of the punjab and haryana high court in bhagwan dass v. bhishan chand and ors., , drew a presumption under section 114 of the evidence act against a party who did not enter into the witness box.'the supreme court has categorically stated in the aforesaid decision that presumption has to be drawn under ..... the execution in a particular form is prima facie proof that the document was executed by the signatory, because, normally, it has to be presumed under section 114 of the evidence act that a person only puts a signature in a document in token of his execution thereof. but the present one, it seems to us, is an ..... giving the title deeds will only show and probabilise that they executed guarantee deeds and defendants 2 and 3 are prepared to stand as sureties. section 58 of the transfer of property act, 1882 says that where a person delivers to a creditor or his agent documents of title to immovable property with intent to create a security thereon .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : I(2004)DMC695; 2004(2)MhLj767
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'son before' is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... room and the deceased had kept water for boiling on the stove. after pumping the stove, she lighted a match stick near the burner when there was a sudden explosion and her clothes caught fire. she shouted for help and hearing her screams, her husband i.e. the petitioner came out of the bath-room and threw water ..... the marriage but not having a connection with the marriage of the parties will not constitute demand for 'dowry'. this is clear from the qualifying clause of section 2 in act 28 of 1961 reproduced above. cruelty and harassment by a husband or a relative of the husband which brings about unnatural death of the wife within 7 years .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : 2004CriLJ2177
..... crime under mcoca; (b) to direct asstt. commissioner of police to effectively investigate into the complaint dated 6th october, 2003 lodged by the petitioner as contemplated under section 23(b) of mcoc act and to file a report to this court. by way of interim relief, pending the petition, he had prayed for a direction against the commissioner of police, ..... thereunder will also be without jurisdiction.'it appears that the learned counsel for the complainant in support of his contention that prior sanction as set out in section 23(2) of the act is not applicable to a private complaint entertained by the special court is relying upon the observations 'we must bear in mind that the sanction is not ..... registration of m.c.o.c.special case no. 4 of 2003 under the mcoca by the special court at mumbai fails and the bar of section 23(2) of the mcoc act as well as section 210 does not in any way come in the way of such registration. the petition is, therefore, summarily rejected.26. shri marwadi, the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : 2004CriLJ1296; 2004(2)MhLj993
..... special case no. 16 of 1991 of the offences for which she was charged, namely, those under section 8(c) read with section 21, section 28 read with section 23 of the ndps act and section 135(1)(a) read with section 135(1)(ii) of the customs act.4. all throughout this period i.e. from the date of her arrest on 29-10-1990 until ..... the petitioner.14. the sessions court was provided one more opportunity when a letter was received as stated above on 16-6-2001 from the detenu mentioning specific sections of the ndps act and her case number. the letter clearly mentions that she has been acquitted in trial, she has been further taken in custody in appeal and, therefore, her ..... . patange, it was seen that in june 2001 the prisoner had sent one letter through jailor. it mentioned the case number of the sessions case and the sections of the ndps act. the letter stated that the person concerned was acquitted by the trial court and the appeal was pending and the appeal be heard at the earliest. this letter .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : (2004)187CTR(Kar)428; ILR2004KAR482; [2004]267ITR29(KAR); [2004]267ITR29(Karn)
..... on such examination if the revisional authority is satisfied that the appellate authority has failed to exercise the power conferred on it under sub-section (5) of section 32 of the act either by annulling the order of assessment of enhancing the tax levied by the original authority while considering the appeal filed by the assessee ..... of assessment and direct the assessing authority to make a fresh assessment, after such further enquiry, as may be directed. therefore, reading of sub-section (5) of section 32 of the act does not give scope for any doubt that very wide power is conferred on the appellate authority and it is competent to modify, confirm, reduce ..... out that even if the portion of the original order was appealed against, since the entire matter was before the appellate authority; and sub-section (2) of section 35 of the act empowers the appellate authority to modify the order of the assessing authority to the extent it is erroneous and prejudicial to the interest of revenue, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(4)ALD518
..... not a public charitable endowment attached to the petitioner tank. the lower court, therefore, concluded that the entries made in the property register under section 6(c)(i) of the act need not be deleted.9. the lower court after considering the order of the deputy commissioner came to a conclusion that there are no grounds ..... aside?6. the material placed by both parties discloses that according to the assistant commissioner, endowments department, the tank in question was published under section 6(c)(i) of the endowments act of 1966 by the commissioner endowment , hyderabad on 19-12-1983 and the land of an extent of ac.05-58 cents is an ..... holder or employee under the andhra pradesh (andhra area) inams (abolition and conversion into ryotwari) act, 1956, but shall be deemed to be a charitable endowment.8. the lower court referred to sub-section 6 of section 87 of the act also regarding drawing of the presumption in respect of properties relating to the endowment department. the lower .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2003
Reported in : 2004(1)ALD247; 2004(4)ALT561
..... in the preceding paragraphs.26. learned senior standing counsel for the rbi strenuously contended that since there does not exist any specific provision in the act in cases governed by section 115-b warranting issuance of a show-cause notice, the principles of natural justice stand excluded. he contends that it is in the interest of ..... it is not in dispute that the bank falls within the definition of 'eligible co-operative banks' and thereby chapter xiiia applies to it.17. section 115-b of the act contains special provisions applicable to the eligible co-operative banks. it is beneficial to extract the same:'115-b. special provisions applicable to eligible co-operative ..... their case that the impugned show-cause notice itself was unwarranted in view of the fact that once a direction is issued by them under section 115-b of the act, the 1st respondent has no other alternative except to implement it straightaway. copious reference is made to the inspection conducted by them into the functioning .....
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