Court : Supreme Court of India
Reported in : 2005(1)ARC167; JT2004(9)SC410; 2004(9)SCALE112; (2004)8SCC630; (2005)1UPLBEC384
R.C. Lahoti, C.J.1. Leave granted in SLP (C) No. 13096/1995.2. In one of the prime commercial areas of the city of Allahabad, known as Chowk Sabzi Mandi, there are situated two shops described as Nazul Shop Nos. 195 and 196 the area whereof is 63 sq. ft. each.3. We are not concerned with the earlier controversy relating to the allotment and several claimants to the shops. The fact remains that on 30.10.1991, the District Magistrate directed the Nagar Mahapalika to have the shops vacated so as to be available for fresh allotment through public auction inasmuch as the shops were continuing in illegal occupation -- shop No. 195 in the occupation of Mohammad Ali and shop No. 196 in the occupation of Anoop Kumar son of Satya Narain Kapoor.4. Three writ petitions came to be filed in the High Court of Allahabad. Writ Petition No. 32605 of 1991 was filed by Satya Narain Kapoor alleging that he was the one inducted into possession of shop No. 196 in the year 1973 by the allottee of the shop Lat...
Tag this Judgment!Court : Delhi
Reported in : 1996VAD(Delhi)117; AIR1997Delhi122; 1997(1)ARBLR59(Delhi); 70(1997)DLT161; 1996(39)DRJ309
..... contract is still under re-consideration as is indicated from the communication dated june 18, 1996 of shri e.sridharan, chairman-cum- managing director of konkan railway corporation. this was allegedly cancelled on february 17, 1996 whereas the tenders were opened on january 5, 1996. thereforee, the cancellation was subsequent ..... your recommendation, the bank will need clarification of information used to rule the graham, satyam and shankaranarayana joint venture non- responsive. the letters from the konkan railway corporation (kkrc) dated 27 february 1996 and 07 march 1996 both referred to messers shankaranarayana's tunnel no.9 contract being 'terminated'. satyam's ..... communication by letter dated february 16, 1996 refuting the said allegations. the same were denied as factually incorrect and baseless and relevant certificates issued by konkan railway authority, ircon and canara bank were enclosed for perusal of respondent no. 1. the petitioners have taken the plea that they had not .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ4221; 2008(2)KLJ417; 2008(3)KLT346
ORDERV.K. Mohanan, J.1. The above three Crl.M.Cs are filed by different accused in C.C. No. 675/2007, pending before the Additional Chief Judicial Magistrate, Thiruvananthapuram. Crl.M.C. No. 4159/2003 is preferred by the 1st accused in the above case and Crl.M.C. No. 5631/2003 is preferred by the 3rd accused whereas Crl.M.C. No. 755/2004 is filed by the 2nd accused in the same case. Since these Crl.M.Cs are arising out of the same case, all the petitioners are accused in the very same case and factual background and arguments are more or less same, these Crl.M.Cs are heard together and being disposed of by this common order.2. As stated earlier, the petitioners herein are accused in C.C. No. 675/2007 which is a case instituted upon a private complaint for the offence punishable under Section 500 read with Section 34 of I.P.C. The above private complaint is preferred by one G. Kamalamma who is the 1st respondent in these Crl.M.Cs. The allegation in the complaint can be summarized as fo...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR1605
..... the services to the maximum possible extent in view of the recommendation of the planning commission report, the contract carriage acquisition act has been repealed in the interest of passengers comfort and safety. this has paved way for operation of contract carriage service throughout the state.from the above, what ..... national development, and the socialistic pattern of society as the national objective required that public utility services should be in the public sector. the acquisition of road transport undertakings by the state, therefore, undoubtedly served the public purpose.'without taking away the effect of the said judgments, the amended ..... karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1976 (hereinafter referred to as 'kcca act') has been repealed, the constitutional validity of it was upheld by the constitutional bench and another decision .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant205
..... the services to the maximum possible extent in view of the recommendation of the planning commission report, the contract carriage acquisition act has been repealed in the interest of passengers comfort and safety. this has paved way for operation of contract carriage service throughout the state.from the above, what ..... national development, and the socialistic pattern of society as the national objective required that public utility services should be in the public sector. the acquisition of road transport undertakings by the state, therefore, undoubtedly served the public purpose.'without taking away the effect of the said judgments, the amended ..... karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1970 (hereinafter referred to as 'kcca act'), has been repealed, the constitutional validity of it was upheld by the constitutional bench and another decision .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC234; (1981)1SCC166
..... the purpose sheds its character as a real public purpose, which position is further compounded by the priorities laid down in the section and the acquisition becomes acquisition for private purpose amounting to an invalid exercise of the state's power of eminent domain. counsel, therefore, urged that section 23 flagrantly violates ..... it to paul and, therefore, clearly amounts to an invalid exercise of state's power of 'eminent domain. section 23, which thus authorises compulsory acquisition of property for private purposes flagrantly violates those aspects of article 31 which constitute the essential or basic features of the constitution and is, therefore, ultra ..... vesting and assignment) act, 1971 whereunder private forest lands held on janman right were acquired without payment of any compensation on the ground that such acquisition was for implementing a scheme of agrarian reform by assigning lands on registry or by way of lease to poorer sections of the rural agricultural population .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom341; 2(1982)DMC204
..... was performed by qazi in the evening and he does not remember the exact time. he also admitted that he is secretary of the konkani ambulance society and director of konkan mercantile bank and it appears that the plaintiff is also associated with the said institutions. according to him it was qazi palobs who has conducted the conversion ceremony as well ..... open which is available to all the citizens of india irrespective of their caste, creed or rellgion. in mohammedan law marriage is a civil contract. hence so far as relation ship flowing from contract of marriage is concerned, including its dissolution, the area and field is secular in nature.24. in this context it will have to be remembered that if .....
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 : Chennai
Reported in : [1999]235ITR21(Mad)
..... of the tamil nadu fleet operators stage carriages (acquisition) act did not amount to sale of the assets within the meaning of sections 41 and 45 of the act. the main submission of mr. s.a. balasubramanian, learned counsel for the assessee, is that what wastaken over was an undertaking, i.e., a passenger transport division as a whole and the assets ..... . on january 17, 1972, the passenger transport division of the assessee-company was taken over by the government of tamil nadu by a notification issued under section 2 of the tamil nadu fleet operators stage carriages (acquisition) act, 1971 (tamil nadu act 37 of 1971), hereinafter referred to as the tamil nadu fleet operators stage carriages (acquisition) act. the income-tax officer in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom129; 1976MhLJ267
..... said power he scrutinized each and every case and only when he has satisfied that the subordinate revenue officers have followed all the instructions incorporated in land acquisition manual and the relevant government resolution, he has exercised the said power, after applying his mind to each and every case. 10. for properly appreciation ..... their individuals t certain their individuals. though ultimately a house site will be allotted to and individual landless labourer and he will be benefited by this acquisition, it cannot be overlooked that they are benefited not as individuals but in furtherance of a scheme of public utility. scheme for. construction of huts ..... the lands belonging to certain persons will not be acquired or the land of small landholders should not be acquired if as a result of the acquisition they become landless, these guidelines incorporated in the government resolution are not disputed before us by the additional government pleader appearing for the state. he has .....
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