Court : Supreme Court of India
Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649
..... the major port trusts act, 1963 (38 of 1963); (vi) the bhakra management board constituted under section 79 of the punjab reorganisation act, 1966 (31 of 1966) and that board as and when renamed as the bhakra-beas management board under sub-section (6) of section 80 of the act; and(3) in relation to the union territory of delhi-(i) any premises belonging to the municipal corporation of delhi, or any municipal committee or notified area committee, and(ii) any premises belonging to the delhi development authority, whether such premises ..... chapter viii (sections 50 to 57) contains miscellaneous provisions ..... and industrial ..... and specific purpose underlying the enactment of section 14a and chapter iiia of the rent control act and the fact that the rent control act was a later enactment this court held that the provisions of the rent control act would prevail over those contained in the slum areas (improvement and clearance) act, ..... other body corporate or any local authority or any public institution and that premises belonging to companies, corporations and autonomous bodies mentioned in clauses (2) and (3) of section 2(e) of the public premises would be covered by the said provision and that in view of this special provision it is not necessary to have a further provision in the public premises act for the recovery of possession belonging to those bodies, and therefore, the provisions of the public premises act should be confined in their application to premises other than premises covered .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC87; [1966]SuppSCR27
..... 36 of the act was published in respect of the supplementary scheme for development of the industrial area, specifying the boundaries of the land in which the scheme was to be worked and inviting objections to the scheme within one month from the date of ..... providing for industrial development and making provision for the residence of employees in the industries and of others, would clearly fall within the terms of ..... in framing such a scheme the provisions of a development scheme were incidentally incorporated, and that the trust, by express enactment in ..... to the provisions of the act for acquiring land with a view to hand it over to an industrial concern for private gain may not fall within the terms of the act. ..... it there any substance in the contention that the provisions of part vii of the land acquisition act had to be resorted to by the trust for acquiring land which was to be allotted to a company after development. ..... provisions relating to development schemes in ..... chapter ii of the act deals with the constitution of improvement trusts for carrying out the provisions of the act ..... 56 provides that the trust may, with the previous sanction of the state government, acquire land under the provisions of the land acquisition act, 1894, as modified by the provisions of the act for carrying out any of the purposes of the act. ..... are then placed upon the right of occupants of the buildings to erect, re-erect, add to or alter any building or wall, and provision is made for other related matters. .....
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)
..... proviso to article 311(2) or under similar provisions in rules made under the proviso to article 309 or in rules made under an act referable to article 309, for instance, rule 19 of the central civil services classification, control and appeal) rules, 1965, rule 14 of the railway servants (discipline and appeal; rule 1968, and rule 37 of the central industrial security force rules, 1969, or under ..... christianity became substituted for reason as the supreme force in the universe, and this led to the development of a theory of law in which christianity had the supreme spiritual and legal force and was superior to all other laws, with the church as the authentic ..... present and voting that it is necessary or expedient in the national interest so to do, parliament might by law provide for the creation of one or more all-india services common to the union and the states and subject to the other provisions of chapter i regulate the recruitment and conditions of service of persons appointed to any such service; and it further provides that the indian administrative service and the ..... can best be related by extracting paragraphs 3 to 9 of the supplementary return filed by shri madan gopal, the deputy inspector-general, ..... 3 of the railway property (unlawful possession) act, 1966, and the other under section 420 of the ..... not legitimate and relevant but is extraneous and outside the area of permissible considerations, it would amount of mala fide exercise of power and that is hit by articles 14 and 16. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... (i) contravention of the provisions of the maharashtra regional and town planning act, 1966, and the development control regulations forgreater bombay, 1991 : ***** the bombay municipal corporation having followed consistently the practice of extending the development permission from time to time if the initial construction commenced within a period of one year of the first grant of development permission, the development permission extended from time to time in the case of the sixth and the ninth respondents cannot be said to be illegal on that count. ..... (i) contravention of the provisions of the maharashtra regional and town planning act, 1966, and the development control regulations for greater bombay, 1991. ..... section 269uc provides that, notwithstanding anything contained in the transfer of property act, 1882, or any other law for the time being in force, no transfer of any immovable property in an area where the chapter applies shall be effected if its value exceeds rupees ten lakhs, unless a written agreement for transfer is entered into between the transferor and transferee, in accordance with sub-section (2), at least four months in advance of the intended date of transfer. ..... hence, the contention that the hotel is an 'industry' and as such construction of the hotel on the concerned plot is prohibited under paragraph 2 of the crz notificationdated february 19, 1991, must fail. ..... this miscellaneous petition came to be dismissed by this court. .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR209; (1996)98BOMLR159
..... :i) the notice dated 27th august, 1975 issued under section 35(3) of the indian forest act is invalid because :---(a) annexures 'e' and 'f' indicate that quarrying operations were carried on, on the land on the date when the act came in force;(b) no notice was given to the maharashtra land development corporation even though the document in favour of the corporation was executed on 29th march, 1975 and was lodged for registration on 30th march, 1975 but was registered on 2nd february ..... 345-a is unauthorisedly used for non-agricultural (commercial) purpose in contravention of the provisions of section 44 of the maharashtra land revenue code, 1966 and, therefore, haji alli mohamed through court receiver, high court is liable to pay n.a. ..... ;(iii) any land in respect of which a notice has been issued under sub-section (3) of section 35 of the forest act, but excluding an area not exceeding two hectares in extent as the collector may specify in this behalf;(iv) land in respect of which a notification has been issued under section 38 of the forest act;(v) in a case where the state government and any other person are jointly interested in the forest, the interest of such person in such forest;(vi) sites of dwelling ..... against that judgment and order, maharashtra land development corporation preferred miscellaneous petition no. ..... to that notice, maharashtra stone industries ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom1; 2004(4)ALLMR537; 2004(5)BomCR497; 2004(4)CTC572; 2004(3)MhLj1109
..... in that judgment the supreme court noted that the constitution permits reservation of seats in services under the state as also in schools and colleges for persons belonging to the scheduled caste and scheduled tribes and also after referring the provisions of articles 341 and 342 of the constitution, whereunder the scheduled caste and scheduled tribes have been declared, the supreme court noted in paragraph 9 of the judgment thus :--'it is common knowledge that endeavour of states ..... act, unless the context otherwise requires, --(f) 'local authority' means in relation to local areas comprised within the jurisdiction of a municipal corporation, the concerned municipal corporation and in relation to any other local area in the state, the concerned municipal council, zilla parishad, panchayat samiti, industrial township, nagar panchayat or village panchayat having the jurisdiction over such local area;(h) 'other backward classes' means any socially and educationally backward classes of citizens as declared by the government and includes ..... based on the provisions contained in chapter ixa of the constitution and the provisions of articles 14, 21, 223 and 234 of the ..... in case, as per its procedure, the writ petition/miscellaneous petition/matter is disposed of by a single judge, then no further appeal would lie against that order to the division bench but subject to special leave ..... development and ..... the state are constituted under the maharashtra municipalities election rules, 1966. .....
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
..... constitution bench of this court, while interpreting the provisions of section 10 of the industrial disputes act, 1947 held that the action of the government of referring or refusing to refer the matter for an adjudication to labour court or industrial tribunal is administrative.the court stated:this is, however, not to say that the government will be justified in making a reference under section 10(1) without satisfying itself on the facts and circumstances brought to its notice that an industrial dispute exists or is apprehended in relation to an establishment or a ..... chapter x deals with miscellaneous ..... baldwin, may not apply to administrative functions, but another concept which developed at a later stage and accepted in public law field and found place in administrative law of 'duty to act fairly' would apply to administrative actions as well.41 ..... ii deals with enforcement of certain foreign awards, and part iii deals with conciliation and part iv contains supplementary provisions. ..... a grant of power must now be regarded as exceptional, in view of the very restrictive interpretation placed by the courts on statutory formulae purporting to exclude their inherent supervisory jurisdiction, and their reluctance to be precluded by subjectively worded grants of power from determining judicially ascertainable matters delimiting the area of competence of inferior tribunals, especially where the relevant question is one of law. ..... state of maharashtra, : [1966]3scr744 ; raza textiles ltd. v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... is thus well established by the decisions of this court that the provisions of parts iii and iv are supplementary and complementary to each other and that fundamental rights are but a means to achieve the goal indicated ..... fee can be prescribed for different institutions or different areas or different coursesof study, as the case may [section 7 provides for punishment which may extend to three years and fine in case of aviationof any provisions of act or rules.144. ..... from the expressed willingness of the secretary of state for trade and of the secretary of state for trade and industry to limit legislation in the field of takeovers and mergers and to use the panel as the centerpiece of his regulation of ..... renowned educationist, whose report of the education commission, 1966 is still considered to be the most authoritative study of education scene in india) as saying 'educational development...is benefitting the 'haves' more than the have nots ..... of section 22 which occurs in chapter-iv declares that 'the right of conferring or granting degree shall be exercised only by a university established on incorporated by or under a central act, a provincial act or a state act or an institution deemed to be a university under section 3 or an institution specially empowered by an act of parliament to confer or grant ..... challenge of world poverty' (published in 1970) he discusses elaborately - in chapter 6 'education' - the reasons for and the consequences of neglect of basic education in this country. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... . the provisions of act i of 1964 were amended by act 12 of 1966 and act 9 ..... of orissa, air 1958 orissa 18 the court said that a village granted for the maintenance of the deity of shri jagannath mahaprabhu could be acquired under the provisions of the estates abolition act, that that would not interfere with the fundamental right under article 26 of the constitution, and that the question was concluded by the decision of the supreme court in air 1952 sc 252 while dealing with the decision of the allahabad high ..... sections 100 and 106-a, intrude into the realm of agrarian reform, extending, subject to certain conditions, the principle of fixity to leases for commercial or industrial purposes and to kudikidappukars using the land in which the kudikidappu is situate for such purposes, find place in this chapter -- chapter ii would not apply to such leases in view of the exemption in section 3 (1) (iii), nor would the land occupied by the kudikidappukaran for industrial or commercial purposes be part of ..... . chapter iv is concerned with miscellaneous matters, such as constitution of the land tribunal, the powers of the land board and the land ..... reform comprises an integrated scheme of measures designed to eliminate tbe obstacles to the economic and social development of the rural area ..... chapter iv (sections 99 to 132) headed, 'miscellaneous' provides for the constitution of the land tribunal, the appellateauthority and the land board and defines the powers of the land board and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... by the constitution [73rd amendment] act, 1992 amended part ix of the constitution, the principle of self-government based on democratic principles at gram panchayat and level upwards was introduced through articles 343 to 343zg.as an integral scheme thereof, the andhra pradesh (provision of the panchayats extension to scheduled areas) act, 1966 came to be made. ..... in the latter case, two judges bench applied provisions of ec act and ep act and held that the application of sustainable development requires that appropriate assessment should be made of the forest wealth and the establishment of industries based on forest produce; other working should also be monitored closely to maintain the required ecological balance. ..... similarly, the chotanagpur tenancy act, 1908,santhal pargana tenancy (supplementary provisions) act, 1959 and the bihar scheduled areas regulations, 1969 also prohibit the alienation of land of the tribals. ..... ambedkar, the father of the constitution, while rejecting the amendment, made it clear that the socio-economic justice provided in the directive principles and the fundamental rights given in chapter iii would meet the above objective without expressly declaring india as a socialist state in the constitution. .....
Tag this Judgment!