Court : Supreme Court of India
..... cannot be considered as a ratio because they are issued based on the peculiar facts and 141 vinay chandra mishra, in re, (1995) 2 scc584[46].; delhi development authority v. skipper construction co. (p) ltd., (1996) 4 scc622[16]. 142 m siddiq (supra) [1019].; [1026]. page 94 of 112 part f circumstances ..... thus: (i) section 14819 mandates the assessing officer to initiate proceedings only based on prior information and with the prior approval of the specified authority; 19 section 148, income tax act [it reads: [ 148. issue of notice where income has escaped assessment - before making the assessment, reassessment or recomputation under section 147, ..... officers were statutorily barred from issuing a notice of assessment or reassessment after the expiry of the statutory time limit prescribed under the income tax act. consequently, reassessment notices issued by the revenue beyond the prescribed time limits were declared invalid for being time-barred.59 assessment proceedings that have attained .....
Tag this Judgment!Court : Karnataka
..... irregularities conducted and corrupt practices adopted by shri siddaramaiah, hon ble chief minister of karnataka concerning allotment of alternative sites by mysore urban development authority ( muda ) under various sections of pc, act, 1988 and bnss, 2023 has been perused.28. in view of the allegations and on prima facie perusal of the petitions ..... issued and the de-notification order was issued, sri siddaramaiah was the member of legislative assembly from chamundeshwari constituency as well as member of mysuru urban development authority, and further, this land was purchased by the brother-in-law of sri siddaramaiah, wherein, the seller was from the constituency of chamundeshwari, and ..... , are all acts done in accordance with law. it is not that the petitioner has been benefited out of any transaction nor the wife of the petitioner was the sole applicant for grant of compensatory sites. there are 120 people whose lands were taken over by the mysore urban development authority ( muda for .....
Tag this Judgment!Court : Supreme Court of India
..... land is required or reserved for any of the public purposes specified in any plan or scheme under the act at any time, the planning authority, the development authority, or as the case may be, any appropriate authority may acquire the land by agreement by paying an amount agreed to landowner or lessee [section 126(1)(a ..... any land is required or reserved for any of the public purposes specified in any plan or scheme under this act at any time, the planning authority, development authority, or as the case may be, any appropriate authority may, except as otherwise provided in section 113-a acquire the land, (a) by agreement by paying an ..... of the right and fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, as the case may be, shall vest absolutely free from all encumbrances in the planning authority, development authority, or as the case may be, any appropriate authority. (2) on receipt of such application, if the state government is satisfied .....
Tag this Judgment!Court : Supreme Court of India
..... are the owners of the land in question. they entered into a joint venture agreement with respondent no.2 glandstone mahaveer infrastructure pvt. ltd. for the development of the land and for 2 construction of flats as mentioned herein.it appears that the appellants also executed irrevocable power of attorney dated 6-7-2013 in ..... the irrevocable power of attorney (ipa) were prepared on 06.07.2013. as per condition no.15 of the said agreement, the builder had been given the authority to sell the constructed units on the property. the ipa also authorised the op-1 builder to execute the registered sale deeds etc. and receive the consideration. ..... the respondents complainants for the units in question.3. the respondents complainants filed the complaints before the `state commission under section 17 of the consumer protection act, 1986 against the present appellants and respondent no.2 seeking inter alia the declaration that the present appellants and the respondent no.2 were jointly and severally .....
Tag this Judgment!Court : Supreme Court of India
..... parameters of the authority delegated to it ..... flow from the express authority of law. in ahmedabad urban development authority v. sharadkumar jayantikumar pasawalla45 this court observed: 7. [ ]. in our view, such power of imposition of tax and/or fee by delegated authority must be very specific and there is no scope for implied authority for imposition of such tax or fee. it appears to us that the delegated authority must act strictly within the .....
Tag this Judgment!Court : Supreme Court of India
..... of a cess on mineral rights levied under section 35 of the uttar pradesh special area development authorities act, 1986 read with rule 3 of shakti nagar special area development authority (cess on mineral rights) rules, 1997 ( the sada act and the sada cess rules , respectively), the challenge was to the imposition of cess on ..... appeal no.3869 of 2014. 7 section 89, bihar coal mining area development authority act 1986. [it reads: levy of tax on use of land for other than agricultural and residential purposes (1) the authority shall subject to the provisions of this act and rules framed thereunder levy tax, by notification published in the official ..... petitioners initially filed writ petitions before the high court of judicature at patna challenging the validity of the bihar coal mining area development authority (amendment) act 1992 and the bihar mineral area development authority (land use tax) rules 1994, which levied tax7 on land being used for mining. relying on india cement (supra), .....
Tag this Judgment!Court : Supreme Court of India
..... court reiterated the scope of judicial review with policy decisions of the executive. arbitrariness, irrationality, perversity and mala fide will render the policy unconstitutional. relying on delhi development authority v. joint action committee, allottee of sfs flats (2-judge bench)12, this court explained that a policy decisions can be subject to judicial review (a ..... case adverse impact is shown on environment or human health; it is made subject to other statutory clearances including the clearance from food safety and standards authority of india, seeds act. additionally, it imposes certain 50 | w.p. (c) 115 of 2004 & ors. obligations on the applicant including obligation to inform regulatory bodies ..... 2004 etc. page 11 of 260 rules , for the sake of convenience), which have been framed under sections 6, 8 and 25 of the environment (protection) act, 1986 ( ep act, 1986 , for short) in consonance with articles 14, 19, 21, 38, 47, 48, 48a read with article 51-a(g) of the constitution and .....
Tag this Judgment!Court : Supreme Court of India
..... civil appeal no.8063/2019 civil appeal no.8064/2019 civil appeal no.8065/2019 judgement surya kant, j.1. these appeals are preferred by new okhla industrial development authority (noida) against the main judgment dated 05.01.2017 rendered in writ c. no.36231/2015 (in civil appeal no.8048 of 2019, titled noida v. ..... similarly situated tenure holders before proceeding further with the land acquisition process.10. discontented with the quashing of notification issued under section 6(1) of the 1894 act, noida is in appeal before us. b. contentions on behalf of noida/state11 mr. ravindra kumar, learned senior counsel representing noida and mr. ravindra kumar ..... relying upon sam hiring company v. a.r. bhujbal,1 it was canvassed that the land acquisition officer functions as an administrative authority and not as a judicial or quasi judicial forum. that the act mandates consideration of objections by affording an opportunity of hearing, if it is so requested by the aggrieved persons. however, in .....
Tag this Judgment!Court : Supreme Court of India
..... diary no (s). 9072 of2024 judgement surya kant, j.delay condoned. leave granted.2. these appeals and applications have been preferred by the new okhla industrial development authority (hereinafter, noida ) and landowners owning land in village chhalera bangar, tehsil dadri, district ghaziabad, contesting various identical impugned orders, including the judgment dated 08.02 ..... p./noida on 05.01.1991 through a notification issued under section 4(1) of the 1894 act, for the acquisition of approximately 492 acres of land in village chhalera bangar, intended for planned industrial development. afterwards, on 07.01.1992, the government issued a declaration under section 6 read in conjunction ..... of compensation 22. firstly, it may be refreshed that for the purpose of evaluating compensation for the acquired land, section 23(1) of the 1894 act, acts as a lighthouse. it stipulates that:- 23. matters to be considered in determining compensation. (1) in determining the amount of compensation to be awarded .....
Tag this Judgment!Court : Supreme Court of India
..... state government?. therefore, to make the opinion amount to a decision of the government it must be communicated to the person concerned. (emphasis supplied) [see also: delhi development authority v. hello home education society : (2024) 3 scc148at para 17 mahadeo & ors. v. sovan devi & ors. : (2023) 10 scc807at paras 15-17; ..... but undermining the accountability would give immunity or carte blanche power to act as it pleases with the public at whim or vagary. whether the public authority acted bona fide would be gauged from the impugned action and attending circumstances. the authority should justify the action assailed on the touchstone of justness, fairness ..... parties may be relegated to ordinary private law remedy. judicial review does not extend to fixing contract stipulations but ensures that the public authorities act within their authority to prevent arbitrariness.58. thus, the demarcation between a private law element and public law element in the context of contractual disputes if .....
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