Court : Allahabad
Reported in : 1949CriLJ214
..... are mentioned in much less detail and it is also possible to argue whether on the basis of those grounds one can reasonably come to the conclusion that the detenu was expected to act in any of the prejudicial manners mentioned in section 3 of the act, this would raise the question whether it is open to the court to enter into the question whether the district magistrate could have been reasonably satisfied on the basis of the material ..... 5 are dated 28th april 1948, and they are in the following terms:whereas the rashtriya swayam sewak sangh laving been declared an unlawful association as its members ate likely to commit act of violence, disturb the public tranquillity,-and interfere with the administration of the law, and;whereas i am satisfied that you...are an active member of this unlawful organization and are still attending ..... the right to detain, then no question-of the reasonableness of the grounds for the detention could arise and in' such a case it could not be said that the regulation was not co-extensive with the act under which it was made and that the king in council by the regulation intended to give the secretary of state less powers than what parliament clearly indicated could be given to him. ..... the preamble of the act is as follows:whereas for securing public safety, public order and communal harmony it is expedient to provide for preventive detention, imposition and recovery of collective fines, control of meetings and processions and of services essential to the .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2519
..... initially, the consolidation courts were not competent to decide title but subsequently it was felt that in determining valuation unless the claim of the title of a person is decided, whole purpose of the act will be frustrated and therefore by subsequent amendment, jurisdiction to decide title was also bestowed upon consolidation authorities so that the orders passed in proceedings under sections 9a and 9b be incorporated in consolidation records ..... it is nobody's case that the increase in the area was at the cost of others and that the deputy director of consolidation in directing recording of areas as embodied in the settlement year, acted as extra vetting authority and his action was not informed with any provisions of law or in consonance with the provisions of the u. p. ..... perusal of the preamble of the act and other relevant ..... director of consolidation : (i) to enter upon and survey, in connection with rectangulation or otherwise and to take levels of any land in such area,(ii) to fix pillars in connection with rectangulation, and(iii) to do all acts necessary to ascertain the suitability of the area of consolidation operations. ..... which are not fit for consolidation as mentioned in section 2 of the act shall be mentioned in form 2a of the forms under the u. p ..... zamindari abolition and land reforms act under which a person who is a recorded tenure holder of a particular holding with particular area could get any right of any increased area merely on the basis of a survey not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H174
..... or otherwise, or whether ascertained or to be ascertained which (a) * * * (b) * * * (c) is due to a displaced person from any other person (whether a displaced person or not) ordi-narily residing in the territories to which this act extends; and includesany pecuniary liability incurred before the commencement of this act by any such person as is referred to in this clause which is based on, and is solely by way of renewal of, any such liability as is referred to in sub-clause (a) or sub-clause (b) or sub-clause (c) provided that in ..... the second question as to whether a claim for damages for breach of contract falls within the meaning of the word 'debt' as given in section 2(6) of the act falls for determination in this case, the word 'debt' is defined in section 2(6) and the relevant portion of tihat section reads as follows :'2(6) 'debt' means any pecuniary liability, whether payable presently or in future, or under a decree ..... matter in order that a claim based on damages should become a 'debt' and therefore within the definition of section 2(6) of the act the court has to see whether there is a pecuniary liability on the person against whom an application is made. ..... the preamble to the act itself shows that the act is meant for the recovery of certain debts due to or by displaced persons and ..... even in the case of breach of contract is shown by the words of section 74, contract-act which supports the notion of penalty in the case of suits for compensation of breach of contract. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)IIILLJ940P& H; (1996)114PLR629
..... further, the preamble of the act shows that the act has to provide for fixing minimum rates of wages in certain employments. ..... an appropriate writ, order or direction including a writ of certiorari for quashing the impugned notification as being arbitrary and discriminatory and violative of articles 14 and 19(1)(g) and beyond the jurisdiction and competence of the authority under the act.issue a writ of prohibition or any other appropriate writ, order or direction restraining the respondent no. ..... however, he contends that the authorities under the minimum wages act are not empowered to fix minimum wages for the reason that no request/ application was made by any worker of the petitioner company at any stage for fixing minimum wages. ..... therefore, the minimum wages authority had acted within four corners of law and committed no illegality in fixing minimum wages of the workers.12. ..... the counsel further contends that the minimum wages act is primarily concerned with fixing rates and the spirit of the act is not to enforce payment of wages. ..... under section 3 of the act, the appropriate government shall fix minimum rates of wages payable to employees in the scheduled employment as per the procedure prescribed. ..... there shall be no default and the petitioners were directed to file a complete list of wages so paid containing full particulars with the respondents who were directed to enforce the payments as ordered under the provisions of the act and the rules.6. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad321
..... as the head constable left the outpost with intention to apprehend vasudeva only under this detention order and not because this vasudeva was reasonably suspected of having committed an offence, section 23 of police act v of 1861 could not be invoked and which invocation was both belated and an afterthought and not permissible as pointed out in 'in re appaswamy mudali' air 1924 mad 555 (a).7. ..... in other words, after a detention order is made and the detainee is found to be absconding or concealing himself, provision is made in the act for a report to a first class magistrate and then the detainee becomes a notified or proclaimed offender and all the incidents attached to sections 87 to 89 of the crl. ..... it is not the case for the prosecution that vasudeva has committed any offence under that act nor was it a ground relied upon by the prosecution in support of the power to arrest claimed by ..... the preamble to madras act 1 of 1947 states:'whereas for the maintenance of public safety and to prevent and put down disorders involving menace to the peace and tranquillity of the province, it is necessary to provide for ..... this is made clear by section 18 of the act:'the provisions of this act shall be in addition to and not in derogation of any other act, ordinance or regulation for the time being in ..... it recites that vasudeva was being detained in exercise of the powers conferred under section 2(1)(a) of the madras act 1 of 1947 read with the order of the government of madras g. o. ms. no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1295; 2003(10)SCALE14; (2004)1SCC712
..... we cannot strike down a legislation which we have on an independent scrutiny held to be within the legislative competence of the enacting legislature merely because the legislature has re-enacted the same legal provisions into an act which, ten years before, were incorporated in an ordinance and were found to be unconstitutional in an erroneous judgment of the high court and before the error could be corrected in appeal the ordinance itself lapsed. ..... the institutions known at the commencement of this constitution as the national library, the indian museum, the imperial war museum, the victoria memorial and the indian war memorial, and any other like institution financed by the government of india wholly or in part and declared by parliament by law to be an institution of national importance. 63. ..... where however the citizen has no right to hold the property, for on the terms of section 14 of the societies registration act the members have no right to 'hold' the property of the dissolved society, there is, in our opinion, no infringement of any right to property within the meaning of article 19(1)(f). ..... nor did the members of the society acquire any beneficial interest on the dissolution of the society; for section 14 of the act, quoted earlier, expressly negatived the right of the members to any distribution of the assets of the dissolved body. ..... the preamble to the act, that is, the indian council of world affairs act, 2001 (act no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1986)ILLJ145AP
..... without significance that the decisions in ajay hasia's case, fertilizer corporation's case and national textile's case were all rendered after the insertion of the word 'socialist' in our preamble while the rajasthan decision was rendered at a time when the word 'socialist' was not part of our constitution. 29. ..... judgment of the state courts and vacated the order of the state supreme court holding that in supplying public force for the purpose of enforcing the restrictive covenants, the state courts acted as organs of the state and were therefore bound not to transgress the famous 14th amendment of the american constitution prohibiting the racial discrimination. ..... apparent reason mentioned by the supreme court for so holding is that the running of an engineering college as well as its establishments are wholly financed by the use of state funds and that the society in fact is a state instrumentality. ..... the legal nature of such act cannot vary depending upon the methods the college or the society adopts for raising finances or from the nature of the sources from which it ..... what is the significance of the addition of the word 'socialist' in the preamble to our constitution addressing itself to somewhat a similar question, the supreme court ..... that reason, the learned district judge, sri poornaiah argued, could be said to have acted illegally and without jurisdiction in granting an injunction restraining the company from evicting the wife and ..... petroleva (1983) i ..... of [1983-i l.l.j. ..... [1983-i .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker230; 2007(2)KLJ749
..... i shall first deal with the contention of the parties with reference to the preamble to the act, which reads thus:an act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, ..... funds provided by the appropriate government;so what has to be looked into in this case is as to whether these aided private colleges are bodies owned or controlled or substantially financed, directly or indirectly by funds provided by the appropriate government.9. ..... - in this act, unless the context otherwise requires,- xxx xxx xxx xxx xxx xxx xxx xxx (h) 'public authority' means any authority or body or institution of self-government established or constituted,-(a) by or under the constitution;(b) by any other law made by parliament;(c) by any other law made by state legislature;(d) by notification issued or order made by the appropriate government, and includes any-(i) body owned, controlled or substantially financed;(ii) non-government organisation substantially financed, directly or indirectly by .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR118
..... as regards the second requirement for issuing the impugned notifications, the petitioners have averred that :(a) the preamble to the act and the provisions of sections 3 and 4 of the act make it clear that, it is only for the purpose of enabling the continuance of the sugar factory as a measure of relief against unemployment or non-employment action could be taken under sections 3 and 4 of the act, indisputably, as regards the distillery in question run by the petitioners there was no threat to its continuance ..... it is not in dispute that by virtue of the interim order granted by me on 4-12-1981 and the order of the supreme court, dated 11-3-1983, in civil appeal number 3004/1983, the petitioners have been running the distillery on the same terms and conditions as contained in the lease deed dated 3-10-1979 in their favour (produced as annexure-e in the writ petition).3. ..... in all these cases, the state government as also the financing institutions and commercial banks have reasons to apprehend that any effort to rehabilitate the undertakings by providing the required additional financial assistance might not have the desired result (successful rehabilitation) as any move by creditors ..... clearly make out that there was no functional integrality between the sugar factory and the distillery on the date of declaration or at any time after the creation of the lease as there was no ;(a) unity of management ; (b) unity of finance ;(c) unity of product ; and (d) unity of labour. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1234; (1986)88BOMLR662; [1987]61CompCas373(SC); (1986)2CompLJ261(SC); 1986(1)SCALE657; 1986Supp(1)SCC117; [1986]2SCR187
..... messrs shree sitaram mills limited, bombay (for short 'the petitioners') while upholding the constitutional validity of the textile undertakings (taking over of management) act, 1983 insofar as it provides by section 3(1) of the act for the taking over by the central government of the management in the public interest of messrs shree sitaram mills a textile undertaking owned by it and specified in ..... called by the reserve bank on october 29, 1982 at which were present the deputy governor, reserve bank of india, joint secretary, ministry of finance (banking), chief secretary, government of maharashtra, industries secretary, government of maharashtra, executive director and senior representatives of idbi and senior representatives of concerned ..... the preamble to the act brings out the necessity for such legislation : whereas by reason of mismanagement of the affairs of the textile ..... as the preamble reads the financial condition of the textile undertakings specified in the first schedule had become wholly unsatisfactory even before the commencement ..... appointed day, in the ownership, possession, power of control of the textile company whether within or outside india and all books of account, registers and all other documents of whatever nature relating thereof.in the act, 'textile undertaking' as defined in section 2(d) reads : 2(d): 'textile undertaking' or 'the textile undertaking' means an undertaking specified in the second column of the first schedule.the term 'textile company' .....
Tag this Judgment!