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 : [2002]109CompCas18(Bom)
..... submission of mr. nariman, the protection of investors as also transparency in the transactions is an equally important objective to be attained through these regulations. clandestine acquisitions are not acquisitions which are supported under the regulations. if that was not so, there was no need to provide a negative covenant by using the expression 'unless' in ..... section 155 and relegate the parties to a suit. learned counsel for the appellant initially made a feeble submission as aforesaid to hold that the decision in public passenger service ltd.'s case : [1966]1scr683 is per incuriam. we have no hesitation to reject such a submission. this issue was directly there and was ..... 5 of the report in air). in this connection, mr. nariman relied upon another judgment of the supreme court in the case of baldev krishna sahi v. shipping corporation of india ltd., : (1988)iillj202sc . that was a case under section 630 of the companies act which makes officers of a company liable for wrongfully .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... there can be no question that price fixation is ordinarily a legislative activity. price-fixation may occasionally assume an administrative or quasi-judicial character when it relates to acquisition or requisition of goods or property from individuals and it becomes necessary to fix the price separately in relation to such individuals. such situations may arise when the ..... their end consumers have to bear the distribution losses incurred by discoms is meaningless and absurd. the action of the commission is like a bus-owner asking the passengers travelling in his bus to pay the loss sustained by him in running the vehicle with some empty seats or asking them to reimburse the losses sustained by ..... that there are no fetters on its powers and it can do and undo anything that comes in its way to save the transco, which is a sinking ship because of the wrong policies followed by it.217. admittedly no provision was made in the reforms act taking away the right of the government to give direction .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN917
..... he provision of an efficient, adequate, economical and properly co-ordinated system of road transport services in the state. section 40 makes provision for compensation for acquisition of road transport undertakings, but there is no section which makes it obligatory for the corporation to acquire the assets of the private operators section 40 ..... bux, if genuine, could be removed by the regional transport authority by an appropriate order. shri munshi took the stand that no other bus laden with passengers can enter the road covered by the nationalised route at all. he emphasised the words 'no private operator shall ply any stage carriage or contract carriage ..... 1939) and in pursuance of rules 3 and 4 of the rajasthan state road transport service (development) riles, 1965, the scheme hereto annexed in respect of passenger road transport services to be run and operated by state transport undertaking is hereby published.any person whose interests are affected by scheme may within thirty days ( .....
Tag this Judgment!Court : Mumbai
Reported in : [1974]94ITR616(Bom)
..... has been some blurring of perspective. the income-tax officer proceeded on the footing that there had been an investment and inferred payment by the petitioner for the acquisition of the gold. the appellate assistant commissioner proceeded on the footing that section 69a applied and that from the facts which had been proved in the criminal proceedings ..... great hardship and consequently calls for close scrutiny and analysis. the petitioner (assessee) was carrying on business of transporting iced fishes, mangoes and other goods by sea from konkan ports to bombay. he was the owner of a launch 'lakshmi'. on 24th april, 1961, the central excise authorities seized 4,999 biscuits of gold weighing 10 ..... not much importance can be attached to the role played by the unknown and mysterious muslim. he could have been there only with a view to identify the foreign ship and bring the gold on board the assessee's launch 'lakshmi'. he would not have been allowed to slip away by the crew of 'lakshmi' had he .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD241; 2008(4)ALT53
..... than six (6)persons and plying as contract carriages covered byall india tourist permit issued under section 88(9)of the motor vehicles act, 1988, for every passenger other than the driver and conductor/attender, which the vehicle is permittedto carry 3675-00(aa) vehicles permitted to carry more thansix (6) persons and plying as ..... carry more than six passengersand plying as stage carriages on the routes other thantown service routes(a) in respect of vehicles permitted to ply as expressservices for every passenger (other than the driverand conductor), which the vehicle is permitted to carry and where the total distance permitted to becovered by the vehicle in a day(i ..... . the second class relates to invalid carriages, the 3rd class to goods vehicles, the 4th class to motor vehicles plying for hire and used for transport of passengers, the 5th class is of motor vehicles not themselves constructed to carry any load other than water, fuel, accumulators etc, the 6th class of motor vehicles are .....
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 : AIR1981SC774; (1981)2SCC318; [1981]2SCR364
..... to be noticed that entries 22, 23, 24, 25 and 29 specify railways, national highways, national waterways and maritime shipping, navigation and airways respectively, entry 30 which refers to carriage of passengers and goods specifies railways, sea, air and national waterways only but not national highways. again entry 89 which refers to ..... be the slightest doubt that the state of haryana incurs considerable expenditure for the maintenance of roads and providing facilities for the transport of goods and passengers within the state of haryana. the maintenance of highways other than the national highways is exclusively the responsibility of the state government, while the ..... subject to the provisions of list i and list iii with regard to such waterways; vehicles other than mechanically propelled vehicles.56. taxes on goods and passengers carried by road or on inland waterways.57. taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
..... that required area is the minimum needed for the purpose; and (iv) whether the state government or the other authority undertakes to provide at its cost for the acquisition of land of equivalent area and afforestation thereof. 41. we have assiduously seen the provisions contained in the act and rules and two things that strongly draw our ..... has to be struck between the two interests and this exercise must be left to the persons who are familiar and specialized in the field. (goa foundation v. konkan railway corporation. air 1992 bom 471'.]33. julius stone said:'while the use of either ideas or social conditions as the constant involves abstraction from the concrete chronology of ..... professor anders victorin had somewhat a different thought:'we are no longer only the inheritors of the earth, we are also earth's children, fellow travellers pn a ship in space. and a growing number of people are prepared to act on this new view of the world. this is jp a sense a copernican counter-revolution .....
Tag this Judgment!Court : Chennai
Reported in : (2001)3MLJ159
..... also. it is also found that the plaintiffs cannot claim any absolute right unless it has been substantiated to be a right by way of easement of necessity or an acquisition of any easement by prescription. while arriving at such conclusion, the learned judge appreciated ex.a1, certified copy of the field measurement book pertaining to field number 90. in the ..... the entire of it as the highway, and are not confined to the part which maybe metalled or kept in order for the more convenient use of carriages and foot-passengers.'adverting to the open strips of land on the sides of the road, the learned judge observed;'...as lord tenterden observed in rex v. wright, 1832 (3) b &; ad 681 ..... transfer of right in the suit property by way of a specific grant is not necessary when there is a dedication to use the road by the public. the owner ship of the soil remains with the plaintiffs. on the basis of exs.b7 and b3, we can arrive at a conclusion that there was a dedication of the road for .....
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