Court : Andhra Pradesh
Reported in : 2000(6)ALD299; 2000(6)ALT337
..... be that as it may, after the land acquisition (amendment) act, 1984, there has been a spurt of litigation relating to re-conveyance of the excess acquired land on the ground that the land once acquired for a public purpose cannot be ..... already mentioned, after the land acquisition (amendment) act, 1984 there has been a spurt of litigation relating ..... owners of the land whose land is acquired have no right, legal entitlement or legitimate expectation in seeking re-conveyance of the land at the price at which compensation was paid under the award under section 11 of the act; (d) if the government, as a policy decides that the land acquired is not partly or fully utilised for the public purpose for which it was acquired, is no more required for any public purpose, either because ..... act is a consolidating and amending act and by the said act, the orders and regulations relating to land revenue in the whole of telangana area were enacted as provisions of the act ..... patil's case (supra), when the land acquired for the purpose of a town planning scheme of kolhapur municipality under maharashtra regional and town planning act, 1966, was sought to be used for allotment to some of the councillors and employees of kolhapur municipality, the land was owners questioned the ..... state of west bengal, : air1999cal212 , a division bench of the calcutta high court relied on various judgments of the supreme court and held that if the acquired land is not fully utilised for the public purpose or ..... indian .....
Tag this Judgment!Court : Allahabad
Reported in : 2006CriLJ2247
..... detention order (hereafter in this sub-section referred to as the earlier detention order) shall not (whether such earlier detention order has been made before or after the commencement of the national security (second amendment) act, 1984) bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person:provided that in a case where no fresh facts ..... petitioner ramesh chand upadhyay confessed involvement in the crime and were lodged in jail for the aforesaid crime number 66 of 2005 under section 364a ipc and 7 criminal law amendment act. ..... west bengal ..... itself does not invalidate an order of its preventive detention and the decision must depend on the facts of the particular case; preventive detention being necessary to prevent the detenu from acting in any manner prejudicial to the security of the state or to the maintenance of public order etc. ..... for the proper understanding we quote section 14 of the national security act hereinbelow:(1)without prejudice to the provisions of section 21 of the general clauses act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified-(a) notwithstanding that the order has been made by an officer mentioned in sub-section (3) of sections, by the state government to which that ..... petitioner from further indulging in such activity detained him under the act wielding power under section 3(2) thereof vide impugned order dated 30.4.2005 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1990All1
..... petition raises a question as to the interpretation of section 4(1) of the land acquisition act (as it stands after the land acquisition (amendment) act, 1984). ..... contention urged in support of the petition by the learned counsel was that if the collector causes public notice of the substance of the notification issued under section 4(1) of the act after the publication thereof in the official gazette and two daily newspapers, the entire proceedings under section 4(1) would be completely invalidated. ..... governor of delhi, air 1984sc 1721 construing section 4(1)(as it stood prior to its amendment) their lordships observed thus at page 1723) (paragraph 3):'it may be noticed at once that section 4(1)' does not prescribe that public notice of the substance of the notification should be given in the locality simultaneously with the publication ..... is claimed that the project was of great national importance undertaken to cater to the needs of electricity to the vast region covering the aforesaid states. ..... project is stated to be of great national importance and is designed to cater to the needs of electricity over a vast area of the country. ..... thereafter a notification dated july 7, 1988 was issued under section 6(1) of the act stating that the government was satisfied that the land mentioned in the notification issued under section 4(1) was needed for the aforesaid public ..... 4a of the indian forest act, 1927 is required to be published in the gazette and unless it is so published it is of no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC682; JT1989(1)SC58; 1989(1)SCALE50; (1989)1SCC591; [1989]1SCR92; 1989(1)LC327(SC)
..... notification under sections 4 and 6 of the act on the same date would be contrary to section 17(4) of the act as amended by act 68 of 1984 and would render the notification under section 6 of the act invalid. ..... of the respondents before the division bench of the high court of allahabad that in view of the amendments introduced by the land acquisition (amendment) act, 1984 (act no. ..... september, 1984 land acquisition (amendment) act, 1984 was made effective subsequent to the 24th of september, 1984. ..... be needed for any public purpose a notification to that effect shall be published in the official gazette and the collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality'amended section 4(1)whenever it appears to the appropriate government that land in any locality is needed or is likely to be needed for any public purpose or for a company a notification to that effect shall be published in the official gazette ..... necessary for the government to do so, it was submitted that where under sub-section (2) of section 17 of the act there is urgency for acquisition owing to .sudden change in various circumstances, immediate possession may have to be taken for the purpose of maintaining either the structure or system of irrigation or water drainage, road communication or electricity, and delay in taking immediate possession by not publishing the declaration under section 6 and notification under section 4 simultaneously on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
..... various decisions of this court, including decisions delivered by 3-judge benches, and various aspects considered therein, and thought it proper to refer the question regarding interpretation and applicability of section 11a introduced into the land acquisition act, 1894 (for short 'the la act') by amendment act 68 of 1984 to the maharashtra regional and town planning act, 1966 (for short 'the mrtp act') for consideration by a larger bench ..... . since no award was made as per section 11a of the land acquisition (amendment) act, 1984 which came into force on 24.9.1984, the acquisition proceedings were declared by the land acquisition officer to have lapsed ..... it was not part of the land acquisition act when the local act was passed, nor in adopting the provisions of the land acquisition act is there anything to suggest that the bengal legislature intended to bind themselves to any future additions which might be made to that act. ..... . 1 is a partnership firm registered under the indian partnership act, 1932 and is the owner of an immovable property, i.e ..... . therefore, in the context of the indian constitution and what can be called the separation of legislative powers, the question arises as to how far it is open to adopt the theory of legislation by reference and to adopt the consequences flowing therefrom ..... . in the context of the indian constitution, is such a position permissible .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC586; 2006(1)AWC667(SC); [2006(108)FLR201]; JT2005(10)SC344; (2006)ILLJ496SC; (2006)1SCC479; 2006(2)SLJ327(SC)
..... of the central act as inserted by industrial disputes amendment act 1984 is as under:'2 ..... it is now well-settled by various decisions of this court that although earlier this court insisted that it was for the employer to raise the aforementioned plea but having regard to the provisions of section 106 of the indian evidence act or the provisions analogous thereto, such a plea should be raised by the workman.in kendriya vidyalaya sangathan (supra), this court held:'...when the question of determining the entitlement of a person to back wages is concerned, the ..... , learned counsel appearing on behalf of the respondent on the other hand, would submit that section 2(oo)(bb) of the industrial disputes act 1947 applies to the workmen working in the state of uttar pradesh as there does not exist any such provision in the ..... : (2002)illj241sc wherein it was held that in view of section 31(1) of industrial disputes (amendment and miscellaneous provisions) act, 1956, the provisions of section 2(oo)(bb) of the central industrial disputes act would not be applicable. ..... although the termination of service was held to have been made in violation of section 25f of the industrial disputes act, 1947 stating:'...a host of factors like the manner and method of selection and appointment i.e. ..... it is flexible enough to take in those cases where the applicant has been prejudicially affected by an act or omission of an authority, even though he has no proprietary or even a fiduciary interest in the ..... electricity .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1277; JT1992(2)SC144; 1992LabIC1371; 1992(1)SCALE454; 1992Supp(2)SCC351; [1992]1SCR917
..... (1) notwithstanding anything to the contrary contained in any provisions of the electricity (supply) act, 1948, rules, regulations or bye-laws made thereunder or in any judgment, decree or order of the court or in any contract, any appointment made before the commencement of the electricity (supply) (himachal pradesh amendment) act, 1990, whereby a person has a right to continue as a member of the board after attaining the age of 65 years, shall be void; and on such commencement he shall be deemed to have ceased to hold office ..... a bare reading of section 2 which amended section 5(6) of the electricity (supply) act and section 3 of the amending act, both individually and conjoinly lead to the only conclusion that the act disqualifies every person from holding office who on the date of enactment, namely, 13th july, 1990 is above ..... either by way of section 5(6) of the electricity (supply) act, as amended or under section 3(1) of the amending act, the first respondent would cease to hold ..... case of state of west bengal v. ..... we will do well to refer to francis bennion's statutory interpretation (1984 edn. ..... : [1984]1scr939 , in para is ii is stated as under :-article 191 of the constitution prescribes the disqualifications for membership of the legislative assembly or legislative council of a state, on the incurring of any such disqualification a member of a legislative assembly or a legislative council ceases ..... : [1984]1scr939 that on the incurring of the qualification he ceases to be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)
..... : air1995sc1012 , while considering the effect of the amendment made to the land acquisition act 1894 by introducing section 23(1)(a) by the land acquisition (amendment) act 1984 on the cases which were pending reference before the reference court as on the date of commencement of the amendment act, held:a statute is regarded as retrospective if it operates on cases or facts coming into existence before its commencement in the sense that it affects, even if for the future only, the character or consequence of transactions previously entered into or all ..... bhavani prasad and himself).issue under reference:whether section 32(c) of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 (for short, 'the act') as brought into force by section 3 of the andhra pradesh buildings (lease, rent and eviction) control (amendment) act, 2005 (hereinafter referred to as 'the amendment act') has effect on the cases pending on the date of its coming into force is the question referred for the consideration of the larger bench. ..... an appeal filed by the tenant having been dismissed the high court of calcutta allowed the second appeal of the tenant by applying the provisions of west bengal premises tenancy act which were extended to the area concerned during the pendency of the first appeal. ..... thorn electrical industries ltd. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3789; 1991(3)KarLJ609
..... the electricity (taxation on consumption) (amendment) act making a provision under the act is contrary to the findings recorded by this court in the earlier writ petition and therefore a direct interference with the judgment of this court;(5) even legislative enactment must ..... of the petitioners in the matter of collection of tax and had held that the contract has not come to an end even with the enactment of the electricity (supply) (karnataka amendment) act referred to earlier and the clause in relation to indemnification or reimbursement under clause 6(c) of the agreement was still in force and the said clause 6(c) was enacted pursuant to powers under ..... it was argued by the learned counsel for the petitioners that in the decision in indian aluminium company's case between the very parties in this petition it has been held that there is no unjust enrichment on the part of the petitioners and clause 6(c) ..... , 1984(1) klj 394 held as follows:'however, if there is a pronouncement of the highest court of the land declaring a law to be bad for some constitutional infirmity noticed in it and a consequential writ issued, there can be no question of a further appeal from it and the subsequent act of the legislature curing the defect and validating the law with retrospective effect would only ..... : (1984)iillj282sc .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
..... the forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.by the constitution (fiftieth amendment) act, 1984, this article was substituted. ..... consideration by the disciplinary authority have been sufficiently set out in the order of compulsory retirement, they being that the repondent's conviction under section 332 of the indian penal code and the nature of the offence committed which led the disciplinary authority to the conclusion that the further retention of the respondent in the public service ..... conditions of service of certain classes of public service, such as, article 146(1) with respect to the officers and servants of the supreme court, article 148(5) with respect to persons serving in the indian audit and accounts department, article 229 with respect to the officers and servants of the high court, and article 324(5) with respect of election commissioners and regional commissioners.50. ..... such matters as may be prescribed, delegate the power of making rules to the governor-general in council or to local governments, or authorise the indian legislature or local legislatures to make laws regulating the public services:provided that every person appointed before the commencement of the government of india act, 1919, by the secretary of state in council to the civil service of the crown in india shall retain all his existing or accruing rights, ..... west bengal .....
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