Court : Supreme Court of India
Reported in : AIR1995SC1012; JT1994(6)SC182; 1996(7)KarLJ299; 1994(4)SCALE192; (1994)5SCC593; [1994]Supp3SCR405
ORDERS.C. Agrawal, J.1. By order dated December 17,1991, these matters have been referred to a larger bench to consider the correctness of the decision in Union of India and Anr. v. Zora Singh and Ors. : (1992)1SCC673 (decided by a bench of three Judges). In Zora Singh's case (supra), this Court has held that the payment of additional amount payable @ 12% per annum on the market value under Sub-section (1-A) inserted in Section 23 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the principal Act') by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as 'the amending Act') is to be ordered in every case where the reference was pending before the reference court on the date of commencement of the amending Act even though the award of the Collector was made prior to April 13, 1992.2. In all these matters preliminary notification under Section 3(1) of Kerala Land Acquisition Act, 1961 was published on March 21, 1979 and the notification under Section 6 of t...
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... be decided in the context of facts of that case. it also cleared that deprivation by acquisition or taking possession is different from deprivation by reference to police powers because the context of the controversy was that whether in the case of deprivation by acquisition existence of public purpose and concept of adequate compensation are implicit ..... of having a specific authority before a person can be deprived of his property on the ground of statute being for acquisition of property or for conferring police powers on the state or of beneficial or remedial character has been made in the case. the issue about deprivation of property and fulfilment of requirement of ..... natural justice in an appellate body.' 279. the aforesaid view of megarry j. was followed by the ontario high court in canada in cardinal and board of commissioners of police of city of cornwall, in re [1974] 42 dlr (3d) 323. the supreme court of new zealand in wislang v. medical practitioners disciplinary committee [1974] .....
Tag this Judgment!Court : Delhi
Reported in : AIR1999Delhi257; [1998(79)FLR954]
ORDERAnil Dev Singh, J.1. In this public interest writ petition the petitioner, Common Cause, a society registered under the Societies Registration Act, 1860, seeks a direction to the first and the second respondents, Union of India through the Secretary, Ministry of Urban Affairs and Employment, and the Union of India through the Secretary, Ministry of Law, Justice and Company Affairs respectively, to issue a notification in the official gazette notifying the date on which the Delhi Rent Act, 1995 (Act No. 33 of 1995) (for short 'the new Rent Act') shall come into force. The facts lie in a narrow compass. 2. Home is an eternal quest of all mankind. Law which encourages construction of houses to meet one of the basic demands of habitat is the paramount requirement in this country. Realizing this need and voicing its concern regarding the acute shortage of housing, the Supreme Court in Prabhakaran Nair etc., v. State of Tamil Nadu and Others, , expressed the necessity for a national hou...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672
S.B. Sinha, J. 1. Interpretation of Section 104 of the Code of Civil Procedure (for short, 'the Code') vis-a-vis Clause 15 of the Letters Patent of the High Court of Madras is in question in these appeals.BACKGROUND FACTS:2. Although these appeals involve common questions of law, the tactual matrix of the matter would be noticed from Civil Appeal No. 689 of 1998.3. The First Respondent herein filed a suit against the Appellant herein in the Court of II Addl. Subordinate Judge, Coimbatore which was marked as O.S. No. 403 of 1974, The said suit was decreed on or about 15.4.1976. An execution petition was filed by the First Respondent-decree holder for executing the said decree. In the said execution proceeding for realization of the decretal amount the property belonging to the Appellant herein was put to auction. The validity of the said auction came to be questioned by the Appellant by filing an Execution Application on or about 8.10.1979 praying therein for setting aside the court auc...
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1993)ILLJ99HP
..... ors.) there are two communications (annexure r/l and annexure r/2) which show the seriousness of the labour unrest at the factory site. by police radio message dated august 8, 1986 the deputy commisioner, una informed the secretary (home) to government of himachal pradesh, labour commissioner and divisional commissioner, ..... bring even the essential commodities of daily use of some families with children residing inside the factory. a complaint to that effect was filed with the police (annexure 'e') and their assistance sought. instead of persuading the suspended workmen to face and cooperate in the enquiry, the claimant 30 workmen ..... august 14, 1986 as fresh appointees. copies of these two later communications have been sent to different authorities like the deputy commissioner, una, the superintendent of police, una, labour commissioner to government of himachal pradesh, labour officer, south zone, solan, labour inspector, una circle, and employment-cum-conciliation officer, una.14 .....
Tag this Judgment!Court : Mumbai
Oral Judgment: 1. Rule. Respondents waive service. By consent rule made returnable forthwith. 2] By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are praying for a writ of certiorari or any other appropriate writ, order or direction calling for the records and proceedings of the case culminating in the eviction order of the appellate authority dated 31st January 2007 and to quash and set aside the (I) Notice of Termination dated 10th/14th February 1995, (ii) the Notice of Eviction dated 19th April 1999 (iii) Order of 2nd respondent and (iv) the order of appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act, dated 31st January 2007 in Misc.Appeal No.261 of 2001. 3] The proceedings are under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. (for short PPE Act). The petitioner states that it was a Government Company incorporated under the Companies Act, 1956 and continued to be so till the eviction ord...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1
..... ., the court held that the order passed by the chief justice under section 11 of the act was administrative in nature. referring to a decision of the constitution bench in indo-china steam navigation co. ltd. v. jasjit singh, additional collector of customs and ors., : 1964crilj234, the court observed that it is well settled that a petition under article 136 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... capacity as president of the aasu, stated that the results achieved were extremely poor. it was decided therein that home minister would visit certain sectors of indo-bangladesh border to take stock of the situation regarding illegal immigration and the inadequacy of the measures taken to prevent such immigration. reference has been made to certain ..... proviso to this sub-section imposes a restriction that such an application can be given only by a person who lives within the jurisdiction of the same police station in which the alleged illegal migrant is found or resides. section 8(3) imposes some further conditions and restrictions, namely, that the application shall ..... does not carry any sense as these migrants keep moving. the requirement regarding application being accompanied by affidavits of two persons who are residents of same police station or being accompanied by declaration of another person who is resident of same sub-division or that not more than ten such applications can be .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
N. Kumar, J.1. The appellants-Bangalore Development Authority (for short, 'the BDA'), the State of Karnataka, the former Chief Minister Sri S.'M. Krishna and two others have challenged in this batch of eight writ appeals the order of the learned Single Judge quashing the acquisition proceedings pertaining to 'ARKAVATHI LAYOUT' as well as the declaration made to the effect that the BDA has no jurisdiction to frame developmental schemes in Bangalore Metropolitan Area and against other reliefs granted in the writ petitions. Some writ petitions have also been filed challenging the acquisition of land for the formation of the 'Arkavathi Layout' on the grounds, which have been upheld by the learned Single Judge, in the impugned judgment under appeal. Since identical questions of law and fact arise for consideration in the writ appeals and the writ petitions they are taken up for consideration together and are being disposed of by this common order. The facts leading to the present proceeding...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... our opinion, a clear contempt of court and this court shall be justified in invoking its power under article 215 of the constitution of india. it is almost touching the borders of ignorance of the law when it is argued before us that the said act imposes a bar under section 7 on giving any substantive appointment to a daily wage .....
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