Court : Supreme Court of India
Reported in : AIR1989SC1741; JT1989(Suppl1)SC105; 1989(1)SCALE1103; (1989)4SCC138; [1989]2SCR475
..... . 457 & 458 of 1972 where a similar legislation of the state of assam was challenged. the contention is noticed in our judgment in those appeals thus:.the acquisition of the two undertakings are challenged by the petitioner on several grounds, the principal attack, however, being that the legislation, brought forth, as they were, in ..... 14 of the constitution in as much as it seeks to enter upon the government an alternative and discriminatory power of attaining the same end namely the acquisition of petitioners' undertakings on terms more advantageous to the government and more disadvantageous to the petitioners than those contained in the electricity act 1910; that the ..... ., so in the present case, government in purported exercise of power under section 4(1) of the earlier act, viz., the tamil nadu electricity supply undertaking (acquisition) act, 1954, had made an order on 12.1.1968 declaring that undertaking of the petitioner shall vest in the government with effect from 15.7.1968. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC326; 1983(2)SCALE541; (1984)1SCC515; [1984]1SCR725; 1984(16)LC1(SC)
..... thought of preventing misuse in the running of the vehicles by private operators and in order to provide better facilities to the transport passengers or to the general public, acquisition of vehicles or for that matter the rights and interests in the contract carriage operators alongwith their land, buildings, workshops, etc., would ..... from challenge. we have already adverted to this aspect of the matter heretofore.37. sub-section 2(a) of section 2 provides that the acquisition of the stage carriages shall commence with the districts wherein comparatively fewer number of stage carriages were operating. this provision appears to have been incorporated ..... the tamil nadu state following the karnataka pattern passed the impugned ordinance, which later took the shape of the tamil nadu stage carriages and contract carriages (acquisition) act, 1973 (hereinafter referred to as the 'act') to nationalise the state transport industry by stages. the madras high court stayed the operation of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC316; 1983LC2198D(SC); [1961]3SCR786
..... any provision that the amendments enacted by it are to be treated as in any way retrospective, or are to be regarded as affecting any other enactment than the land acquisition act itself. their lordships regard the local act as doing nothing more than incorporating certain provisions from and existing act, and for convenience of drafting doing so by reference to ..... , at 6 a. m. he has no records of any kind for the purchase of gold. hence the gold was seized and he was arrested under a mahazar. the passenger and gold are forwarded for further action under customs act. ' 67. it would be seen that up to this point there had been no seizure by an officer acting under ..... explanation. - the bringing or sending into any port or place in india of any such article as aforesaid intended to be taken out of india without being removed from the ship or conveyance in which it is being carried shall nonetheless be deemed to be a bringing, or as the case may be, sending, into india of that article for the .....
Tag this Judgment!Court : Delhi
..... confirmed that mr. v.p. singh was handed over to the railway police at bandi kuin railway station not for consuming alcohol but for eve teasing a fellow female passenger. the medical officer who examined mr. v.p. singh at the bandi kuin railway station gave a report to the effect that "no alcohol intoxication found". consequently the ..... 5th february 2000 in which the school denied that the petitioner or any other passenger had admitted to harassing the girl students. the petitioner claims not to have been aware of the enquiry proceedings thereafter. on 3 rd may, 2000 he wrote a ..... 24th january 2000 were under duress and coercion of the principal.7. the petitioner appeared before the ic on 4th january 2000 and submitted documents including the statements of co-passengers, mr. zaffar hussain, n. hussain, shakeel ahmed and rizwan hussain and m. farhan. he also relied on a press note published in the hindustan times on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(2)SCC232; 2012(1)MLJ1143; 2012(1)SCJ747; AIR2012SCW390; AIR2012SC389
..... of the objects of the authority, the authority shall perform the following functions-- (a) to acquire land in the industrial development area, by agreement or through proceedings under the land acquisition act, 1894 for the purposes, of this act; (b) to prepare a plan for the development of the industrial development area; (c) to demarcate and develop sites for industrial, commercial .....
Tag this Judgment!Court : Mumbai
Reported in : 2006CriLJ1270; 2006(3)MhLj163
V.G. Palshikar, Acg. C.J.1. The above writ petitions were heard by us and the judgment was reserved. Then I prepared the judgment of the Bench in November, 2005 and circulated it to my learned colleagues on the Bench. However to my dismay, I was informed by both my colleagues that they do not agree with the view taken by me on the presumption that they agree with me. I then read the majority view rendered by Hon'ble Shri Justice D.B. Bhosale. Having given my anxious consideration to the views expressed I found it impossible to agree with the majority view. Hence this opinion.2. I regret my incapacity to convince my learned colleagues to the view that I propagated. In my humble opinion, the majority view has the result of virtually destroying the safeguards provided under the MCOC Act. The majority view reads several things into the Act which are not legislated. It has the effect of permitting the Special Court under the Act not only to take cognizance of private complaint alleging comm...
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 : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... has avoided disclosing if these are the only cases where such post facto approval has been granted and the number of cases where applications for permission made subsequent to the acquisition of the shares have been rejected though this was specifically pointed out by counsel for the petitioner ...'144. in our view, it is not necessary to given the details of ..... the hands of non-residents of indian nationality/origin. each such applicant company is eligible to make investment subject the existing ceiling of 1% irrespective of whether the ultimate owner ships is in the hands of one more individuals'. in that letter, it was further stated :'since this clarification merely reflects the original intention of the government, the investment made by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... state of karnataka v. vishwabarathi house building coop.society and ors.it has been held in mahabir prasad jalan (supra) that the state is notdenuded of its power of acquisition. therein only for that purpose entry 14and entry 18 of list ii was held to have not taken away the legislativecompetence of the state. (see also shri krishna gyanodya ..... was repelled by this court. thecourt pointed out that though the measure of the tax is furnished by thefares and freights it does not cease to be a tax on passengers and goods.in d.g. gouse & co. v. state of kerala, the court examined the differentmodes available to the legislature for measuring the levy of tax onbuildings. ..... nature.the measure adopted, it was held could not be identified with the nature ofthe tax levied.in sainik motors, jodhpur v. state of rajasthan, a tax on passengers andgoods was assessed as a rate on the fares and freights payable by theowners of the motor vehicles. the contention that the levy was a tax uponincome and not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2499; JT2007(7)SC82; (2007)5MLJ449(SC); 2007(7)SCALE301; (2007)6SCC382; 2007AIRSCW4445
..... was not relevant, although there existed a government order in this behalf, if other activities can be treated to be acts of merit, we fail to understand as to why acquisition of a higher qualification for the purpose of holding the post of headmaster which would be helpful to him in his functioning as a head of an educational institute would ..... of this case and thus, failed to take into consideration a relevant factor and furthermore took into consideration an irrelevant fact not germane for determining the issue, namely, that the passengers of the bus were mandatorily required to be examined. the industrial tribunal further failed to apply the correct standard of proof in relation to a domestic enquiry which is 'preponderance .....
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