Court : Mumbai
Reported in : 2007(2)ALLMR110; 2007(1)BomCR329
..... . relying on the legislation, occupants have vacated their premises, buildings are demolished in anticipation of new construction by use of tdrs.(e) various schemes of acquisition of plots for public purposes, amenities, infrastructure etc. would be halted.(f) it would affect the entire planning of the city.(g) third party rights ..... levels of vehicular pollution in the suburbs. bandra, vile parle, santa cruz, jogeshwari and malad. the mmrda stated that 'the ever growing vehicular and passenger demands coupled with constraints on capacity augmentation of the existing network, have resulted in chaotic conditions during peak hours. (e) local trains: the local train ..... 2002 all the buildings are provided 90 lpcd. the said norms are worked out taking into consideration various factors. the respondents have no control on the passengers travelling by trains. except for a few areas, the population is connected with sewerage facility. wherever sewerage facility is not there, the builders/owners are .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... of janu chandru waghmore and ors. v. the state of maharashtra and ors. reported in : air1978bom119 . the interpretation placed by the bench is that private forest acquisition act comes within the competence of the state legislature. he submits that the legislature has intentionally used the words 'has been' that is 'present perfect tense'. ..... the facts and circumstances clearly show that the state government never treated the petitioners' lands as being 'private forests' vested in the state under the maharashtra acquisition of forest act, 1975. mr.nariman pointed out that the facts and circumstances show that respondent no. 1 had never treated the said property as allegedly ..... abandoned or have fallen into desuetude. mr.khambatta relies upon the judgment of this court delivered on 13th august, 2001 in writ petition no. 1132 of 1990 (konkan krishi phalodyan vikas sahakari sanstha v. state of maharashtra and ors.). in the said case, he submits, that although a section 35(3) notice was issued .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)
..... to refuse a reference to arbitration if it 'finds' that the arbitration agreement is 'null and void, inoperative or incapable of being performed'.4. this court in konkan railways corporation ltd. and ors. v. mehul construction co. : air2000sc2821 pointed out that parliament had clearly indicated that the act had substantially adopted the model law ..... .'90. the court after examining the documents and taking into account the commercial reality of the situation came to the conclusion that the plaintiffs, i.e., shipping company has made out a 'strongly arguable case' in support of the existence of an arbitration agreement. the court further observed that 'obviously it has not ..... to examine in detail the documents since the parties failed to produce the document containing the authorization given to the broker to act on behalf of the shipping company. therefore, the court has referred to the commercial reality as well as the affidavits of the parties to arrive at the conclusion that there was .....
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
..... tea association v. ajit kumar barat, : (2000)illj809sc ]several similar actions having far reaching consequences have been held administrative, for instance, an order of acquisition or requisition of property; an order making an appointment to a civil post, an order granting sanction to prosecute a public servant; etc.it cannot be gainsaid ..... (2000)9scc406 ; ouseph mathai and ors. v. m. abdul khadir; : air2002sc110 ]in state of orissa and ors. v. gokulananda jena, : air2003sc4207, relying upon konkan railway corporation ltd. ii, the high court of orissa held that since the order passed by the chief justice was administrative, it was not amenable to writ jurisdiction under ..... before a two-judge bench, an order was passed directing the registry to place the papers before hon. the chief justice for passing appropriate orders. konkan railway corporation ltd. i was thus placed before a constitution bench of five judges. the constitution bench, : [2002]1scr728 considered the relevant provisions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : III(2005)BC56(SC); [2005]125CompCas545(SC); (2005)4CompLJ385(SC); 2005(4)CTC209; JT2005(5)SC506; (2005)5SCC465; [2005]60SCL249(SC)
..... s letter that they were ultimately planning to take over coflexip and they 'were on this merger, passing through a number of necessary stages: which included 'the acquisition of 30% of coflexip in april 2000...'(vi) 'isis has its nominees on the board of technip. isis has its nominees of coflexip. ..............thus in a ..... 'person acting in concert'. we are concerned with sub-section (i) which says that it comprises 'persons who, for a common objective or purpose of substantial acquisition of shares or voting rights or gaining control over the target company, pursuant to an agreement or understanding (formal or informal), directly or indirectly co-operate by ..... control over coflexip and therefore seamec treating seamec as the target company. the emphasis is on the target company whether the case is of direct or indirect acquisition under the regulations. thus regulation 2(b) of the regulations defines 'acquirer' as meaning any person who, directly or indirectly, acquires or agrees to acquire .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497
..... the land for planned development under the act. section 12 is concerned only with the planned development. if has nothing to do with acquisition of property; acquisition generally precedes development. for planned development in an area other than a development area; it is only necessary to obtain the sanction or ..... preclude development, that putting up a residential colony can be done consistenly with the provisions of the cantonment act, that the basic reason for acquisition in cases like this is to prevent private colonies from developing and to regulate the development of new colonies residential or otherwise though a statutory ..... zone g :' 'uses permitted : local state and central government offices and use for defense purposes; research institutions; social and central institutions; bus and railway passenger terminals and public utility buildings. local municipal facilities, uses incidental to government offices and for their use. parking requirements must be approved. 'use prohibited : .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94
..... sanctuary.development of fisheries: deepening of all village tanks of command which will increase their capacities, conserve water, will recharge ground water, save acquisition of costly lands for getting earth required for constructing canal banks and will reduce health hazard.facilities of sophisticated communication system in the entire command. ..... projects in india. there were certain project specific programmes for implementation on temporary basis. for the land acquired, compensation under the provisions of land acquisition act, 1894 used to be given to the project affected families. this payment in cash did not result in satisfactory resettlement of the displaced ..... independent socio-anthropological experts and non-governmental organisations. the functions of this sub-group are as follows:1. to monitor the progress of land acquisition in respect of submergence land of sardar sarovar project and indira (narmada) sagar project (isp).2. to monitor the progress of implementation of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR620
..... of foreign exchange. the sponsoring authority viz. the enforcement directorate, mumbai, entered into correspondence with the concerned airlines to ascertain the genuineness of the names of passengers who were supposed to have travelled on air india, royal nepal airlines, international airlines of the united arab emirates, singapore airlines, alitalia and kuwait airways. 980 ..... a firm supposed to be dealing in travels and tours and the other a licensed money changer-sajid peshimam was to get commission of rs. 100/- per passenger for supplying bogus and fabricated b.t.q. forms mentioning various names and passport numbers and fictitious air-ticket numbers. detenu, kasim was not available for ..... was moving in a suspicious manner in the customs waters was asked to stop with signals given therefor and was later on chased by the coast guard ship and apprehended by the coast guard. when apprehended, contraband silver was recovered from the arab dhow. on the basis of the movement of the file on .....
Tag this Judgment!Court : Delhi
Reported in : [2008]87SCL51(Delhi)
..... functions if rights are affected, rules of natural justice step in. the principles settled by ridge v. baldwin (1963) 2 all er 66 are well known. thereforee, to the extent, konkan rly.corpn.ltd. v. rani construction (p) ltd. : [2002]1scr728 states that no notice need be issued to the opposite party to give him an opportunity of being heard before ..... the scope of power of the appropriate government under section 17(4) of the land acquisition act. under section 17(4) of the land acquisition act, the acquiring authority has been empowered to invoke urgency powers for acquisition of a land on a subjective satisfaction that the purpose of acquisition of the land is urgent. the apex court has held that such a decision .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT291; 1993(2)ALT(Cri)188
..... at their face value in their entirety, it is impossible to hold that these allegations do not constitute the offences mentioned in the f.i.r. there were passengers on board the ship other than the crew was clearly admitted in paragraph 9 of the affidavit filed by the petitioner in w.p.no. 3792 of 1993: 'i state that sadasivam ..... to claim a right of visit. by not flying her flag and not displaying her correct name and also by giving an incorrect reply as to the presence of passengers on board the ship, m.v. yahata had lost her right to claim uninterrupted navigation on the high seas m.v. yahata could not be considered to be a vessel subject to ..... in the counter - affidavits. ins viveka - very justifiably - made an enquiry on radio as to whether there were any passengers on board the ship -m.v. yahata. despite the fact that admittedly there were ten persons other than the crew on board the ship - kittu and nine others - v. jayachandran, the captain of m.v. yahata chose to send a negative reply. .....
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