Court : Karnataka
..... 19. he would further contend that the bifurcation of the pwd code into reservation class is not recognized and is wrap. he also referred to chapter-ix of the registration act code no.2438 classes-i, ii, iii, iv. he also brought to the notice of the court the wordings in the preamble of ..... pavana chandra shetty, advocate) and: 1 . government of karnataka department of parliamentary affairs vidhana soudha, bengaluru-560001. represented by its secretary2. government of karnataka department of finance vidhana soudha, 2 bengaluru-5600o1. represented by its addl. chief secretary respondents (by sri r. nataraj, additional advocate general a/w ms. niloufer akbar, aga for r1 ..... such law again on the principles declared by the judgment. the constitutional validity of cofeposa has 142 already been upheld by this court in amratlal prajivandas [(1994) 5 scc54:1994. scc (cri) 1325]. and, therefore, it is not open for challenge again. on this ground alone the challenge to the constitutional validity of the .....
Tag this Judgment!Court : Supreme Court of India
..... have given rise to the present set of appeals wherein number of intervention applications have also been filed. statutory provisions4 the west bengal board of madrasah education act, 1994 was enacted to establish a board of madrasah education in west bengal and to provide for matters connected therewith or incidental thereto. the expressions madrasah , madrasah ..... selection and recommendation of persons for appointment and transfer to the posts of teaching and non-teaching staff) rules, 2010 ( 2010 rules , for short) were promulgated. chapter-iii of 2010 rules deals with subject scope, method and manner of selection and rule 8 is to the following effect:- 8. manner of selection (1) selection ..... upon the state. it does not say that, when for instance the madras people come to bombay, the bombay government shall be required by law to finance any project of giving education either in tamil language or in andhra language or any other language. there is no burden cast upon the state. the only .....
Tag this Judgment!Court : Supreme Court of India
..... the trading members but also to take action against the defaulting members.56. accordingly, for effectuating the mandate accorded upon the exchange as per the act, nse rules, 1994 and the abovesaid directive, it is obliged to deal with the subject of termination of membership on that basis. rule 28 thereof provides that ..... member shall have the following consequence, namely: (a) (e) xxx xxx xxx (f) consequences of declaration of defaulter to follow: the provisions of chapter xii and chapter xiii of the byelaws pertaining to default and protection fund respectively, shall become applicable to the trading member expelled from the exchange as if such trading member ..... relationship and facts of the case. 13 the proposition gets strengthened by the equitable principle of constructive trust, which received a reasonably acceptable definition in paragon finance plc v. db thackerar & co.14 thus: .. a constructive trust arises by operation of law whenever the circumstances are such that it would be .....
Tag this Judgment!Court : Supreme Court of India
..... virtue of his rights as inamdar and any such 25 sum shall be recoverable by him by any process of law, which, but for this act, would be available to him. chapter iii determination, apportionment and payment of compensation section 12. determination of compensation payable to the inamdar :-- the compensation payable to the inamdar for the ..... consisting of the chief secretary of the state, the secretaries of the concerned departments, the secretary of law and where financial commitments are involved, the secretary of finance. the decision taken by such committee shall be binding on all the departments.95. mr. ahmadi rebutted the arguments raised by mr. giri that the state ..... and application of the word corrigendum has been considered by the courts time and again. in commissioner of sales tax, u.p. v. dunlop india ltd., (1994) 92 stc571 this court held that corrigendum is issued to correct a mistake in the notification, therefore, would relate back to the date of issuance of the original .....
Tag this Judgment!Court : Supreme Court of India
..... be deemed to be excluded from any such plan. the provisions of the uttar pradesh urban planning and development act, 1973 made applicable to the authority vide section12of the upiad act [for short, the 1973 act ].32. chapter vii dealing with finance, accounts and audit begins with section 20. section 20 provides for fund of the authorities. it reads as follows ..... tolls. section 11b inserted likewise provides for levy of additional stamp duty.27. section 12 reads as follows: - 12. applications of certain provisions of president's act xi of 1973. the provisions of chapter vii and sections 30, 32, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53, and 58 of the uttar ..... urban or rural property, agricultural or otherwise, enjoys right of heritability and transferability. at the same time, he does not become owner of the property. 3 (1994) 5 scc56254 transfer of ownership is distinct and different from transfer of interest in the property. a licensee or even a tenant may be entitled by law to .....
Tag this Judgment!Court : Supreme Court of India
..... ltd.) attempt to invite us to pronounce on the validity of the impugned rule on the score that it contravened the provisions of the tamil nadu apartment ownership act, 1994 which got presidential assent on 06.04.1995 and came to be notified on 24.04.1995, we do not think that the appellant should be permitted to test ..... and a part of the benefit which arises out of a unearned rise in prices is 52 (1986) 1 scc58153 (1973) 4 scc225146 directed to be contributed towards financing of the scheme which enables the residents in that area to more amenities, better facilities and healthier living conditions. 101. this court in babulal badriprasad varma v. surat ..... real estate developers, builders across india. in the additional affidavit filed, it is contended that the total number of members of petitioner is 350 and that of chennai chapter is 163 members. the relief sought in the writ petition is as follows: (a) allow the present writ petition and issue a writ of certiorari quashing regulation 29 .....
Tag this Judgment!Court : Supreme Court of India
..... covered and hence affects the substantive rights and, therefore, cannot be made applicable retrospectively. in support of their submission that the amendment to section 153c by finance act, 2015 shall not be made applicable retrospectively and with respect to the search carried out prior to 01.06.2015, reliance is placed on the decision ..... officer having jurisdiction over such other person and that assessing officer shall proceed under section 158- bc against such other person and the provisions of this chapter shall apply accordingly. civil appeal no.911 of2022page 57 of 67 xxxxxxxx32 it is also trite that while interpreting a machinery provision, the courts would interpret ..... ltd. v. commr. of excess profits tax [(1955) 27 itr20(sc)]. and gursahai saigal v. cit [(1963) 48 itr1(sc)].; cwt v. sharvan kumar swarup & sons [(1994) 6 scc623; cit v. national taj traders [(1980) 1 scc370; associated cement co. ltd. v. cto [(1981) 4 scc578). francis bennion in bennion on statutory interpretation, 5th .....
Tag this Judgment!Court : Karnataka
..... is no sufficient ground for proceeding. in fact, this provision is akin to proviso to clause (b) of sub-section (5) of section 9 of klgp act-2011. 53.1 chapter xvi deals with 'commencement of proceedings before magistrates' and section 204 of 506 cr.p.c. enables a magistrate to issue summons or a warrant, as the ..... the queen36(2009) 5 scc478 v. laxminarasamma vs. a. yadaiah (dead) and others. 37.(2008) 5 scc580 seema silk and sarees and another vs. directorate of enforcement and others38(1994) 4 scc468 gujarat agro industries co. ltd. vs. municipal corporation of the city of ahmedabad and others.39. (1978) 3 scc544 madhav hayawadanrao hoskot vs. state of maharashtra.40 ..... private limited. 22.w.p. no.16633/2004 (d.d.11.03.2005): mohd. siddiq ali khan vs. shahsun finance limited. 23.1997 scc online ap268 j.v. sarma and others vs. special court under a.p. land grabbing (prohibition) act, 1982, hyd. and others. 24.(2011) 3 scc351 harshendra kumar d vs. redbatilata koley and others. 36425.civil .....
Tag this Judgment!Court : Karnataka
..... is no sufficient ground for proceeding. in fact, this provision is akin to proviso to clause (b) of sub-section (5) of section 9 of klgp act-2011. 53.1 chapter xvi deals with 'commencement of proceedings before magistrates' and section 204 of 506 cr.p.c. enables a magistrate to issue summons or a warrant, as the ..... the queen36(2009) 5 scc478 v. laxminarasamma vs. a. yadaiah (dead) and others. 37.(2008) 5 scc580 seema silk and sarees and another vs. directorate of enforcement and others38(1994) 4 scc468 gujarat agro industries co. ltd. vs. municipal corporation of the city of ahmedabad and others.39. (1978) 3 scc544 madhav hayawadanrao hoskot vs. state of maharashtra.40 ..... private limited. 22.w.p. no.16633/2004 (d.d.11.03.2005): mohd. siddiq ali khan vs. shahsun finance limited. 23.1997 scc online ap268 j.v. sarma and others vs. special court under a.p. land grabbing (prohibition) act, 1982, hyd. and others. 24.(2011) 3 scc351 harshendra kumar d vs. redbatilata koley and others. 36425.civil .....
Tag this Judgment!Court : Karnataka
..... is no sufficient ground for proceeding. in fact, this provision is akin to proviso to clause (b) of sub-section (5) of section 9 of klgp act-2011. 53.1 chapter xvi deals with 'commencement of proceedings before magistrates' and section 204 of 506 cr.p.c. enables a magistrate to issue summons or a warrant, as the ..... the queen36(2009) 5 scc478 v. laxminarasamma vs. a. yadaiah (dead) and others. 37.(2008) 5 scc580 seema silk and sarees and another vs. directorate of enforcement and others38(1994) 4 scc468 gujarat agro industries co. ltd. vs. municipal corporation of the city of ahmedabad and others.39. (1978) 3 scc544 madhav hayawadanrao hoskot vs. state of maharashtra.40 ..... private limited. 22.w.p. no.16633/2004 (d.d.11.03.2005): mohd. siddiq ali khan vs. shahsun finance limited. 23.1997 scc online ap268 j.v. sarma and others vs. special court under a.p. land grabbing (prohibition) act, 1982, hyd. and others. 24.(2011) 3 scc351 harshendra kumar d vs. redbatilata koley and others. 36425.civil .....
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