Court : Delhi
Decided on : Nov-05-1997
Reported in : 1998IAD(Delhi)141; 69(1997)DLT652
..... height 10. registration of reg. of companies received company 11. rehabilitation & min. of e & f received resettlement of dis- state government received placed families, by land acquisition. 12. hydro-projects min. of water res. not (mini-micro) applicable 13. equipment procurement dgtd/cci & e not applicable non statutory clearances: 14. land availability ..... insertions completed 17. transportation of dept. of coal, transportation fuel min. of petroleum of naptha & natural gas /gas will be handled min. of railways, by hpcl shipping, surface /gail as the transport case may be. hence not required. 1. list of agreements: (1) power purchase agreement with apseb dated 13.7.94. (ii ..... sent experienced technical team to m/s. westinghouse electric corporation (defendant no. 18) to witness all factory tests including naphtha firing so that the equipment is shipped fully tested. i say that defendant no. 3 is fully committed to the success of the project. during the early stages of the project, i along .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-15-1997
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... of the legislature, to the contrary notwithstanding : provided that nothing in this section shall prevent, or be deemed ever to have prevented, the effect of any enactment relating to the acquisition of property, land reforms or the imposition of celling on agricultural land :' 3 repeal of u. p. act ix of 1959.---the government grants (u. p. amendment) act, ..... grants act. 1895, with the exception that all grants may not be of nazul estate. on one class of property there is sovereignty of the state or the union, acquisition by law also falls under this category. in the other, of lands held by the state (central, state or railways, as the case may be) on having been ..... may have been brought on the rent-roll at the time of the last settlement. sale by public auction to the highest bidder will not be sanctioned whenever the acquisition of the ground may be made the means of personal annoyance. in such cases the land should be sold at an equitable price to the person apprehending the annoyance. .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-31-1997
Reported in : ILR1997KAR1573
..... expropriated. it is the very negation of the effectuating the public purpose. payment of market value in lieu of acquired property is not sine qua non for acquisition. acquisition and payment of amount are part of the scheme and they cannot be dissected. however, fixation of the amount or specification of the principles and the ..... aforesaid writ petitions, stayed further proceedings vide order dated 15.9.1989, initiated pursuant to the aforesaid notification and declaration. thereafter, an ordinance by name, 'bangalore palace acquisition and transfer ordinance, 1992 (hereinafter called 'the ordinance') was promulgated, which was, however, not assented to by the president.7. after the arguments of the petitioners ..... the- act. it is not an act which deals with any inter-state trade of commerce. even assuming for the sake of argument that carriage of passengers from one state to the other in one sense a part of the inter-state trade and commerce, the impugned act is not one which seeks to .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-30-1997
Reported in : 1998CriLJ2439
..... section 3(2) (a) to (g), excepting clauses (h) or (i), for regulating by licenses, permits or otherwise, the production or manufacture, storage, transport, distribution, disposal, acquisition, use or consumption or control of price, of an essential commodity, in respect of which an offence punishable under section 7(l)((a)(ii) is committed, the accused further commits ..... a di rectory one. if, however, a provision of law requires that a certain act is to be done in a particular manner by a person for acquisition of a right and at the same time another provision in the statute confers an immunity upon another person if that act is not done in the prescribed manner ..... obligation under article 227 of the constitutional obligation duty under section 483, cr. p.c. i sincerely feel that before it is too late and we see the ship carrying the socio-economic and peoples welfare legislations' luggage sinking in the deep waters under the load of un-ending de-novo trials of offences under. such enactments .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1997
Reported in : 1999(4)KarLJ572
ORDERR.P. Sethi, C.J. 1. Constitutional validity of the Bangalore City Planning Area Zonal Regulations (Amendment and Validation) Act, 1996, Karnataka Act No. 2 of 1996, hereinafter called the 'Act', has been challenged in this public interest litigation on the grounds that the impugned legislation is unconstitutional, arbitrary and violative of Article 14 of the Constitution. The Act is alleged to have been passed with an object to render ineffective all binding judicial pronouncements between the parties which is not only unwarranted, but also unconstitutional. The impugned legislation is intended to authorise the judicially determined illegal constructions and thus affect the supremacy of Rule of Law. The Act is stated to have the effect of undoing the undertakings given by the parties to this Court and the Hon'ble Supreme Court and thus is arbitrary and unconstitutional. The impugned legislation is contended to have the effect of setting aside the adjudication of the disputes betwe...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-14-1997
Reported in : (1997)117PLR431
G.S. Singhvi, J.1. In view of the identical issues raised in these Petitions, we are deciding them by a common order.Brief statement of facts :C.W.P. No. 2263 of 1989Petitioner-M/s Mohta Electro Steel Limited, Bhiwani is a company engaged in the manufacture of stainless steel strips and Cold Rolled Annesling from S.S. Strips and small pieces of coils. It is registered as a dealer under the Haryana General Sales tax Act, 1973 (hereinafter referred to as 'the State Act' and also under the Central Sales tax Act, 1956 (for short, 'the Central Act')- The raw material is purchased by the petitioner No.1 from within the State of Haryana. It also imports some raw material from outside the State of Haryana. For the year 1983-84, the assessing authority initiated proceedings Under Section 28(2) of the State Act and passed order dated Sept. 30, 1987 whereby it levied purchase tax on the petitioner No. 1. After the expiry of about one year, the assessing authority issued notice dated 24.8.1988. An...
Tag this Judgment!Court : Mumbai
Decided on : Oct-10-1997
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 : Andhra Pradesh
Decided on : Feb-27-1997
Reported in : 1997(3)ALT562
B.K. Somasekhara, J.1. The Appellant who is the Defendant No. 1 in O.S. No. 331/80 (old 54/78) has challenged the Judgment and decree of the learned Addl. Chief Judge, City Civil Court, Hyderabad dt. 15-1-1983 passed in favour of respondents 1 to 3 who were the plaintiffs in the suit for recovery of the possession of the suit property after demolishing the structure thereon and by evicting the defendants therefrom. The respondent No. 4 herein is the defendant No. 2 in the suit. The suit property is a portion of S. No. 129/55 (old) New Sy. No. 165 to an extent of 2125 sq. yards out of 3500 sq. yards and Ac.3-26 guntas situated at Kancha Tattikhana Sivar, Shaikpet village, Banjara Hills, (Jubilee Hills) Hyderabad described in the plaint schedule. One Saraf-e-Khas Mubarak, its original pattadar transferred it in the name of the plaintiffs' father Syed Shah Abdul Khader on 25-Azur 1340 Fasli (30-10-1930) and he in turn transferred it to his wife Fathima Soghra under a settlement deed dt. 1...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-28-1997
Reported in : AIR1997SC1252; JT1997(2)SC243; 1997(1)SCALE720; (1997)3SCC410; [1997]1SCR24; [1997]105STC4(SC)
..... in support of the common judgment under appeal and other judgments submitted that the transactions under levy orders are definitely 'sales' and there was no compulsory acquisition of property as contended by the learned senior counsel for the appellants. according to them, there is an area of consensual arrangement between the parties ..... the authorities to seize and confiscate the goods and impose penalties as prescribed under the control orders. therefore, it cannot be contended that a compulsory acquisition of foodgrains by government in exercise of its sovereign powers should constitute a sale so as to attract the liability under the sales tax act. the ..... the learned senior counsel, chitter mai's : [1971]1scr671 , has rightly laid down the law when it held that the levy procurement is a compulsory acquisition and not a sale. after referring to the transactions under regulatory orders and transactions under levy control orders, the learned senior counsel has summarised his submissions on .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-19-1997
Reported in : 1998(2)ALLMR703; 1998(3)BomCR36
..... the occupation of the house owned by bhatkarby the alleged mundkar would not justify divesting the bhatkar of his or her ownership by extinguishing his or her rights and creating acquisition in favour of the alleged mundkar since such action would not be justified under article 31-a of the constitution of india; and (iii) there is no case of agrarian ..... , article 31-a saves certain laws enacted by the state which are covered under that article. it provides that notwithstanding anything contained in article 13, no law providing for the acquisition by the state of any estate or of any rights therein or the extinguishment or modification of any such rights shall be deemed to be void on the ground that .....
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