Judgment Search Results Home > Cases Phrase: faridabad complex regulation and development fees validation act 1984 Page 3 of about 1,898 results (0.256 seconds)

Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

Reported in : 2007(Supp.)Bom.C.R.925

..... the statutory scheme of control of natural resources is governed by a combined reading of the oil fields (regulation and development) act, 1948; the petroleum and natural gas rules, 1959; and maritime zones act.89. ..... , must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in any particular case or cases, the action of the government would be liable to be struck down, unless it can be shown by the government that the departure was not arbitrary, but was based on some valid principle which in itself was not irrational, unreasonable or discriminatory 24. ..... . the word `arrangements' as used in clause 19 contemplates a complex set of mechanisms and would involve many broad aspects, with a multitude of smaller parts, that may or may not work, especially because of changed circumstances ..... abu kavur bai : (1984) 1 scc 515 at 549 held 'to distribute would mean to allot, to divide into classes or into groups and embraces arrangements, classification, placement, disposition, apportionment and the system of disbursing goods through out the community.51. ..... abu kavur bai : (1984) 1 scc 515 at 549 held that the expression `distribute' under article 39(b) cannot but be given full play as it fulfills the basic purpose of re-structuring the economic order. .....

Janhit Manch and Bhagvanji Raiyani Vs. the State of Maharashtra Throug ...

Court : Mumbai

Reported in : 2007(2)ALLMR110; 2007(1)BomCR329

..... regulations and development plan as notified and ..... 1991: it is after complying with the aforesaid comprehensive procedure that the dc regulations for regulating the planning, coordinating and development of the city of mumbai, came into effect and operation from 25th march, 1991, by way of notification dated 20th february, 1991 ..... in cases under the town planning act where development control regulation is challenged on the ground of arbitrariness, considering the inbuilt mechanism of constitution and preparation of the plan by experts, taking into consideration environment and ecological consideration the issue of burden of proof will be on the person ..... of india : [1985]152itr308(sc) the supreme court (constitution bench) held that:it is undoubtedly true that merely because for a long period of 19 years, the validity of the exclusion of borrowed moneys in computing the 'capital employed' was not challenged, cannot be a ground for negativing such challenge if it is otherwise well ..... should be allowed some play in the joints, because it has to deal with complex problems which do not admit of solution through any doctrinaire or straight jacket formula ..... with the matter wherein the state of andhra pradesh had sought to unilaterally reduce the age of superannuation from 58 to 55 of employees who had attained that age between february 28, 1983 till august 23, 1984 when the age of superannuation was once again increased to 58. ..... supreme court held in the matter of regularisation fees as under:38. .....

Pulusam Krishna Murthy Vs. T. Sujan Kumar and ors.

Court : Andhra Pradesh

Reported in : 2002(1)ALD423; 2002(2)ALT77

..... apex court upheld that validity of section 11(5) of mines and minerals (regulation and development) act, 1957 as ..... to section 11(5) of the mines and minerals (regulation and development) act, 1957 prohibiting granting of any ..... the mines and minerals (regulation and development) act, 1957 as ..... not lose command over the resources in the process of change and development they are motivated to take full advantage of the advances in ..... is directed to make effective provision, within the limits of economic capacity and development, for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want. ..... matter of recruitment to various local cadres organised in terms of the provisions of the presidential order due regard must be had to the provisions of article 371d and the presidential order and in that context also, the validity of the impugned notification has to be examined.applicability of sub-para (1) of para 5 of the fifth schedule to the rules made under the proviso to article ..... to make a special provision for ensuring - 'adequate representation' to backward classes including scheduled tribes is itself a complex socio legal device and in that complex area of governance the effective steps would be those which would enable the members of the scheduled tribes to claim equality on par with others and participate in economic activity of the nation as equal citizens ..... , : (1984)iillj481sc .....

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union.24 ..... however, we make it clear that before us there is no challenge to the constitutional validity of the said constitution (eighty-eighth amendment) act, 2003.the distinction drawn by the apex court between two different aspects/spheres, i.e. ..... is this incidence of operating 'direct-to-home' (dth) broadcasting, as a 'service' that required the petitioner to pay charges and deposits including guarantees as well as fee under the regulatory provisions contained in the indian telegraph act, 1885 and the indian wireless telegraphy act, 1933, and under the orders passed by the central government. ..... when these are added to the complexity of economic regulation, the uncertainty, the liability to error, the bewildering conflict of the experts, and the number of times the judges have been overruled by events, self-limitation can be seen to be the path to judicial wisdom and institutional prestige and stability.their lordships further observed that the courts ought to adopt a pragmatic approach in solving problems rather than measuring the propositions by abstract ..... of india (1981) 4 scc 676, are apposite, wherein this court has emphasized a greater latitude - like play in the joints - being allowed to the legislature because it has to deal with complex problems which do not admit of solution through any doctrinaire or straitjacket formula. .....

Chamundi Hotel (P) Ltd. and ors. Vs. State and ors.

Court : Karnataka

Reported in : ILR1997KAR1573

..... . basantibai, : [1986]1scr707 , the supreme court while considering the constitutional validity of maharashtra housing and development act, which dealt with the acquisition of the land held that as the land was being acquired for the purposes of being developed and distributed amongst the people as house sites, the statute had the protection ..... city which in its course of rapid growth has become highly deficient in lung- space and park areas and therefore to provide for its acquisition and transfer by law.whereas the competent authority under the urban land (ceiling and regulation) act, 1976 has held that the bangalore palace and surrounding land came within the regulation of the said act and has passed an order declaring substantial portion of the land surrounding bangalore palace as surplus land ..... or be paid into the board fund, namely: i) the income from palace or proceeds of any property vested in the board.ii) all fees and charges paid to or levied by or on behalf of the board under this act.iii) all grants and contributions made by the state government or any other authority;iv) all contribution and donations made by any person;v) sums raised by way of loan by the board with the previous sanction of the state government; ..... centres, shopping complexes, parks, roads, drains, play grounds, are all necessary for civic life and these ..... . : [1984]1scr725 land was acknowledged to be a material resource of the community for the common good of the entire community by the .....

Smt. Elizebath Samuel Aaron and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)

..... one of the grounds on which these provisions are challenged is that the act relates to a field occupied by the central legislations, the industries (development and regulation) act, 65 of 1951 and the minesand minerals (regulation and development) act, 67 of 1957 and in view of the declarations made by parliament as envisaged in entries 52 and 54 of list i to the seventh schedule of the constitution, (the union list), the state legislature is incompetent to enact the law in question. ..... the ordinance was replaced by an act of the same name by act 3 of 1984, which was deemed to have come into force on november 5, 1983, which was the 'appointed day' referred to earlier. ..... any law which does not provide for this natural right by providing for payment of adequate compensation is not a valid law, and therefore, will not satisfy the requirements of article 300a. ..... (acquisition of undertakings) act, 1983, kerala act 3 of 1984, (for brevity the act), and seeks a declaration that the said act is unconstitutional, though the prayers, as they are, are couched in inartistic language. ..... the learned advocate general for the state, however, contended that the decision in basantlbai fakirchand khetan's case (air 1984 bombay 366) hies in the face of the constitutional history leading to the deletion of article 31(2) and the introduction of article 300a as a mere truncated constitutional right. .....

Shri Krishna Rangnath Mudholkar Vs. Gujarat University and ors.

Court : Gujarat

Reported in : AIR1962Guj88; (1962)0GLR204

..... case there wag already a parliamentary legislation, namely, the mines and minerals (regulation and development) act, liii of 1948, and section 2 of this act contained, a declaration as to the expediency and control by the central government and that the argument, therefore, was that the parliament having made the requisite declaration and occupied the field by passing a legislation of its own, the impugned act which was the statelegislation was ultra vires as being beyond the ..... competence of the legislature which made the enactment, the enactment must be examined to ascertain its pith and substance or its true nature and character and if in its pith and substance or its true nature and character it falls substantially within an entry or entries conferring legislative power on the legislature, it would be valid even though it may provide for makers which may otherwise fall outside the legislative competence of the legislature ..... content of the entry in list ii- the question in this case was whether the orissa mining areas development fund actv xxvii of 1952, assuming that the cese levied thereunder was a fee and was as such relatable to entries 23 and 68 of list ii was within the legislative competence of the state in view of the fact that entry 23 of list ii is subject to the provisions of list i with respect to regulation and development under the control of the union. ..... . since the petition involved complex questions of law and the constitution and the hearing has taken a number of .....

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... which arises is, even if the cess is a fee and as such may be relatable to entries 23 and 66 in list ii its validity is still open to challenge because the legislative competence of the state legislature under entry 23 is subject to the provisions of list i with respect to regulation and development under the control of the union; and that takes us to entry 54 in list ..... 54, to the extent to which such regulation and development under the control of union is declared by parliament by law and the expression to the extent hereinafter provided in section 2 of 1957 act and submitted that what follows from this is that only when there is a bar or a prohibition in the law declared by the parliament in the 1957 act and/or the rules made thereunder and if the state encroaches on the field covered/occupied then to that extent, the act or action of the state would be ..... and minerals (regulation and development) act, 1948 (for short, 1948 act) was enacted to provide for the regulation of mines and oilfields and for the development of the minerals under entry 36 of the government of india act ..... arguments pressed before us was that section 15 of the mines and minerals (regulation and development) act authorised the making of rules for regulating the grant of mining leases and not for prohibiting them as rule 8-c sought to do, and, therefore, rule 8-c was ultra vires section 15 ..... little complex point, because it involves threading ones way through statutory provisions contained in 1957 act and 1960 .....

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... act, the said stretch was declared to be a national waterway and it was the responsibility of the central government to regulate and develop this national waterway and to secure its efficient utilization for shipping and ..... exhaustive and by its very nature it cannot be, because with increasing assumption of new tasks, growing complexities of management and administration and the necessity of continuing adjustment in relations between the corporation and government calling for flexibility, adaptability and innovative skills, it is not possible to make an exhaustive enumeration of the tests which would invariably and in ..... the field of consideration of persons with whom the government could contract, and after the state or its agents have entered into the field of ordinary contract the relations are no longer governed by the constitutional provisions but by the legally valid contract which determines rights and obligations of the parties inter se. ..... by fees or commission for the performance of any public duty by the government; (b) in the service or pay of a local authority, a corporation established by or under a general, provincial or state act or a government company as defined in section 617 of the companies act, 1956.the court pointed out that clause twelfth did not use the words 'body corporate' and, therefore ..... development of rajabagan dockyard, creation of infrastructural facilities etc.the annual report 1984-85 of the government of india, ministry of shipping and transport .....

Ramgopal Estates Pvt. Ltd., Rep. by Managing Director K.S. Hemanth Kum ...

Court : Chennai

Reported in : 2007(2)CTC369

..... the main thrust of the submission made on behalf of the petitioners is that when the power to regulate and develop the petroleum and petroleum products falls within the legislative competency of the union of india under entry 53 of list i read with article 246 of the constitution of india, the state is not competent to initiate the impugned ..... that case, the state of west bengal filed a suit against the union of india challenging the constitutional validity of the coal bearing areas (acquisition and development) act, 1957, on the ground that the act to the extent it applied to the land vested in or owned by the state was beyond legislative ..... which deals with petroleum products is without jurisdiction, unless such power is entrusted by the union of india to the state government as contemplated under article 258 of the constitution of india, because the power to regulate and develop petroleum and petroleum products falls within the legislative competency of the union of india as per entry 53 of list i and the corresponding executive powers are also vested with the union of india in view of article 73 of the constitution of india. ..... industries in manali, nctps on one side, the ennore port and lng terminal together with potentially dangerous fly ash tanks, the proposed petrochemical complexes will at one blow sound the death knell for this entire eco-system and the livelihood of nearly 3 lakh people.xvi. ..... of publication in newspapers was not there before the amending act of 1984. .....