Court : Karnataka
Decided on : Aug-01-2003
Reported in : 2003(5)KarLJ354
..... said definition properly and in proper perspective, they would not have entered into an error on the subject. the term 'cinematograph' had been defined under section 2(1) of the act as hereunder:''cinematograph' includes any apparatus for the representation of moving pictures or series of pictures'.6. the learned counsel for the petitioners, sri e.g ..... it was held as hereunder:'8. we are in agreement with this view. the definition of the expression 'cinematograph' contained in section 2(c) of the cinematograph act, 1952 and section 2(a) of the act is an inclusive definition which included any apparatus for representation of moving pictures or series of pictures. the said definition cannot be ..... disc and a player or video digital disc/a player as apparatus used for exhibition of moving pictures or series of pictures as defined under section 2(1) of the act.the learned counsel for the petitioners in first and second sets of writ petitions adopt the argument of sri e.g. sridharan.the registry is .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-29-2003
Reported in : ILR2004KAR1561
..... the award is inadequate, in view of the sale transactions at ex.p10 to p11 the sale deed executed prior in time to the preliminary notification under section 4(1) of the act in respect of the acquired lands. the claimants have established that ex.p.10 and p11 are the most comparable instances, which provide the index of market ..... the land owners of the acquired land not being satisfied with the quantum of compensation awarded by the lao, sought for enhancement of compensation by seeking reference under section 18 of the act and accordingly, their claim were referred to the civil court. the civil court placing reliance on ex.p.-10 sale deed dated 5.9.1985 of a ..... reference court at the rate of rs. 29,600/- per acre, is excessive as claimed by the state or inadequate as contended by the claimants.6. section 23 and 24 of the act stipulate the factors to be taken into account in determining compensation payable to owner of acquired lands. several judicial dicta of the apex court, this court and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-13-2003
Reported in : AIR2003SC4482; 2004(5)ALLMR(SC)123; [2004(2)JCR135(SC)]; JT2003(Suppl2)SC443; 2003(8)SCALE600; (2003)8SCC648
..... the grant of mining lease. that apart, interest is included within the expression 'other charges' - the phrase as employed in clause (i) of sub-section (2) of section 13 of the act. a decision by a division bench of andhra pradesh in suvarna cements ltd. and anr. v. union of india and ors., has been brought to our ..... said companies, hereinafter collectively called as 'coalfields', have the exclusive right for extraction of coal under the lease deeds held by them.2. sub-section (3) of section 9 of the act empowers the central government to enhance or reduce the rate at which royalty shall be payable in respect of any mineral including coal w.e.f. ..... the mining rights have been leased to the coalfields by the state government under the provisions of the mines and minerals (development and regulation) act, 1957. under section 4 of the act no mining operation in any area shall be undertaken except under and in accordance with the terms and conditions of a mining lease granted under the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-11-2003
Reported in : 2003IVAD(Delhi)632; 105(2003)DLT422; 2003(69)DRJ544
..... landlord can not recover rent or mesne profits unless he seeks recovery of possession at the same time. such a situation is not only preposterous but highly unimaginable.section 19 of the act itself provides the answer. it reads as under:-19. proceedings for eviction of tenants not to be taken without permission of the competent authority- (1) ..... the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.9. bare perusal of section 19 of the act shows that prior permission from the competent authority is a condition precedent to a suit for recovery of possession alone. no such permission is required for filing ..... of time his occupation becomes unauthorised and similarly if a tenant does not evict the premises after the termination of tenancy by way of a notice under section 106 t. p. act he becomes an unauthorised occupant and in both the eventualities a tenant has to pay mesne profits and damages at market rate of rent. to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-13-2003
Reported in : 2004(3)ALD183; III(2004)BC209; [2004]52SCL512(AP)
..... in violation of the principles of natural justice, the contention raised by the learned counsel representing the 2nd respondent that the effective alternative remedy available under section 20 of the act is operative, cannot be accepted since it is well settled that when an order is made in violation of principles of natural justice, the effective ..... was placed on the decision referred punjab national bank v. o.c. krishnan and ors., (supra) and a contention was advanced that in view of section 20 of the act providing for a remedy by way of appeal, the present civil revision petition under article 227 of the constitution of india cannot be maintained. it is no ..... by its manager, main branch, hyderabad v. s.b. shah ali, : air1995ap134 .heard both the counsel.4. section 19 of the act deals with application to the tribunal. the relevant provision for the present purpose is section 19(18), which reads as hereunder:'where it appears to the tribunal to be just and convenient, the tribunal may, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-2003
Reported in : (2004)138PLR189
..... done by the learned additional. district judge. in order toappreciate the prevalent price of the acquired land at the time of issuance of notificationunder section 4 of the act, it would be appropriate to refer to the sale instances onwhich reliance has been made by the claimant-appellants and the same are reproducedas ..... acquired land. the land acquisition collector also awarded solatium at the rate of 15 per cent. feeling dissatisfied, the claimant-appellants sought references under section 18 of the act which were forwarded by the land acquisition collector to the learned additional district judge, kuruskehtra. the learned additional district judge after taking into consideration ..... land, the structures and other items. 2. brief facts of the case necessary for disposal of the instant appeals are that notification under section 4 of the act was issued expressing the intention of the respondent-state to acquire land measuring 69 kanals situated at village ratgal for the construction of a bus .....
Tag this Judgment!Court : Delhi
Decided on : May-26-2003
Reported in : 117(2005)DLT506
..... was held that when an interest is created by an agreement to sell and a power of attorney by virtue of provisions of section 53 of transfer of property act and section 202 of the contract act, then, once such rights have been created, a subsequent transferee of property cannot claim a better right than the first transferee and ..... contemporaneous documents which are registered and they lend authenticity to the date of execution documents. the power of attorneys are for consideration within the meaning of section 202 of the contract act, 1872. thus, there is no doubt that interest has been created in the property in favor of the appellant. possession has also been handed ..... and payment of full consideration and transfer of possession. on a perusal of documents shows that power attorney was for consideration within a meaning of section 202 of the contract act. interest was thus created in the property in favor of the respondent in the year 1993. possession was also handed over so was the right .....
Tag this Judgment!Court : Chennai
Decided on : Feb-11-2003
Reported in : 2003(1)CTC530
..... if the offence is punishable with imprisonment for less than 3 years or with fine only, the offence is non-cognizable and bailable. as per section 4 of the central act, the offence is punishable with imprisonment which may extend to three years and if the offence is punishable with imprisonment for three years it is clearly ..... that the scheme alleged to have been conducted by the respondent herein would squarely come under the money circulation scheme defined in section 2(c) of the central act which is banned under section 3 of the act. in this context, the averments in the complaint are relevant and they are extracted below. 8. the complainant jayaraman is ..... the business of the respondent is based on the money circulation scheme which is banned under the central act 43 of 1978. section 3 of the act provides for the ban of money circulation scheme and under section 4, whoever contravenes section 3 shall be punishable with imprisonment for a term which may extend to three years or with fine .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-16-2003
Reported in : 2004(2)ALLMR109; 2004(3)BomCR237; 2004(1)MhLj883
..... ) can hardly be applied to the present case. the question before us is : whether the heavy earth moving machinery of western coalfields ltd. is motor vehicle under section 2(28) of mv act, 1988. the answer, in our thoughtful consideration, is in the affirmative. in view of the amendment of rules of 1989 by insertion of rule 126b, by central ..... for the petitioner. the crux of the question is whether the dumper is a motor vehicle and whether the vehicle attracts the liability of tax under section 3 of the taxation act? the very question came up for consideration before this court in the case of central coal fields ltd. v. state of orissa wherein the various ..... decision before us is whether the heavy earth moving machinery used by the petitioner in its colliery for mining activities is 'motor vehicle' within the meaning of section 2(28) of the mv act, read with the 'construction equipment vehicle' defined in rule 2(ca) of the central rules of 1989.11. in central coal fields ltd. v. state .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-05-2003
Reported in : (2003)3UPLBEC2561
..... hussaini begam, ilr (1985) 17 alld. 573, even a person who has an agreement to sell in his favour prior to the notification under section 4 of the land acquisition act may be a person interested and claim compensation. the tenants by will, mortgagees, occupiers etc. may be persons interested depending on the facts and ..... petitioner could not be mutated in his favour because of the notification dated 27.2.1988 issued by the state government under section 4 of the land acquisition act, followed by the notification under section 6 dated 14.12.1989.26. against the cancellation order proceedings have also been filed before the monopolies and restrictive trade ..... does not arise as their land had not yet been acquired.'11. subsequently the state government by notification published on 27.2.1988 under section 4 of the land acquisition act, proposed to acquire the land of the society and thereafter the land was acquired. the petitioner society approached the respondent for allotment of developed .....
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