Court : Rajasthan
Reported in : 2002(2)WLC603
..... the rajasthan public premises (eviction of unauthorised occupants) act, 1964 (for short 1964 act) were initiated by the indian red cross society ..... the said notice shall be issued to the persons concerned in the manner provided in sub-section (2) of section 4 of 1964 act and it shall specify the grounds on which the order of eviction is proposed to be made and the date specified in the said notice shall be a date not earlier than 10 days from the ..... therefore is 'public premises' within the purview of section 2(b)(x) of 1964 act which provides that public premises include any premises belonging to a body corporate established or constituted by a central act or a rajasthan act and owned and controlled by the state government.8. ..... formed by the estate officer before issuance of notice under section 4 of 1964 act as no necessary material was placed before the estate officer to form the ..... the impugned order of appellate authority has attained finality in view of section 10 of 1964 act and the high court as an appellate authority, can not reopen the decision that has attained finality unless there is dereliction of duty and flagrant abuse of power on the part ..... my consideration is whether interference under articles 226/227 of the constitution of india is called for, particularly when section 10 of 1964 act gives finality to the order of the appellate authority.10. ..... ircs issued tender notice in question ..... this legal position was reiterated by their lordships of the supreme court in koyilerian .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... a contract of sale where property has passed to the purchaser, is not of much consequence, but the test would be whether the forest produce, even if it were severed from its place of birth or origin either physically or legally, is lying in the forest in its primary or predominantly primary state and if it is so lying, it will form part of the forest and the expression 'forests' as a legislative head under entry 19 of list ii ..... referred to certain well settled rules of interpretation governing the construction of entries in the lists given in schedule 7 of the constitution, which have been succinctly summarised in head note (c) of the report which runs thus:'in the matter of construing entries in the lists given in schedule vii of the constitution, the following rules of interpretation are now well settled, the power ..... of the two rulings of this court referred to earlier (hingir-rampur case : [1961]2scr537 and tulloch case : [1964]4scr461 ) we must hold that by enacting section 15 of act 67 of 1957 the union has taken all the powers to itself and authorised the state government to make rules for ..... high court and of the privy council under section 92 have been referred to and relied upon by counsel on either side it will be desirable to note the differences between these two similar provisions. ..... article 301 which has for the marginal note: 'freedom of trade, commerce and intercourse' runs thus:'subject to the other provisions of this part, trade, commerce and intercourse throughout .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR4112; 2006(6)KarLJ629
..... the contention of the advocate general that the fact of not auctioning the sites owned by the municipal council is admitted has to be examined in the context of the assertion made by the municipal council that since 1964 these shops were given on lease and the lease period was extended or renewed after lapse of every five years by increasing the rent and the present municipal council had continued the said procedure. ..... , kolar, in exercise of the powers conferred under section 316 of the karnataka municipalities act, 1964 (for short 'the act') is challenged in both these writ petitions.2. ..... the object of such an endeavour cannot just be limited to over throwing a body but shall result in follow-up action of fixing liability on the concerned individuals/ officials followed by initiation of such legal steps as are permissible in law to make good the loss and to punish the guilty. ..... 1,35,000/ - in the matter of tender work given to the contractors, the reply submitted by the council tries to put the blame on the junior engineer. ..... as regards the irregularities and illegalities falling in the second category pertaining to technical aspects and violation of rules, the allegations made pertain to non-furnishing of eleven records in relation to tenders called for, not obtaining technical approval for the estimated expenditure and not following the prescribed procedure in calling for tenders. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(3)ALT375
..... gram panchayats act, 1964 reads:'public road' means any street, road, square, court, alley, passage, cart-track, foot path or riding path, over which the public have a right of way, whether a thorough-fare or not, and includes-(a) ..............(b) .............. ..... in view of the above circumstances, it is held that the plaintiff had been active participant in the encroachment and stood by for a long period of time and has so acquiesced in the act and is so guilty of laches that he would not be entitled to any equitable relief. ..... it is further observed therein that 'when a party having a right stands by and sees another dealing with the property in a manner inconsistent with that right and makes no objection while the act is in progress he loses the remedy by injunction which he would otherwise have. ..... the somersault in his attitude is prompted more by his estranged feelings towards defendants 1 and 2 than by any attempt on his part to redress an otherwise innocuous act suddenly developing into an act threatening damage to his person and property. ..... has to be installed and walls are being constructed to prevent its exposer to sun and rain but the plaintiff himself encroached into the road margin and constructed a pial and opened a doorway and he has no legal right to occupy the road margin. ..... any person or body of persons or even public body cannot interfere with that right unless statutorily or otherwise legally empowered to do so. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(5)ALT126
..... with the nature of writs of prohibition and certiorari said:whenever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority, they are subject to the controlling jurisdiction of the king's bench division exercised ..... on this analysis, specific service conditions, rights and liabilities of secretaries of the cooperative societies allotted to such societies under the decaderised disposition of section 116-aa of the act and in whose regard rules have been framed by the registrar under rule 72 (3) of the rules and have been adopted by the societies, are amenable to adjudication under public law parameters, ..... , cooperative societies, 2004 (1) decisions to-day (sc) 738 the supreme court while dealing with the case relating to tamil nadu co-operative societies act, 1961 left the issue open without considering the question whether the cooperative society is a 'state' within the meaning of article 12 ..... cooperative societies act, 1964 and rules made thereunder and violative of articles 14 and 21 of the constitution of india and consequently ..... cooperative societies act, 1964 is not maintainable under article 226 ..... act, 1964 ..... act, 1964 ..... act, 1964 ..... co-operative societies act, 1964 (for short 'the act') and rules made thereunder and the society shall function as per the bye-laws issued by the registrar of co-operative societies and the service conditions of the employees are governed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALT538
..... co-operative societies act, 1964. ..... 5/hd/ 1999-2000 dated 2-7-1999 calling for sealed tenders for awarding the subject works. ..... 7 of the tender notice annexed to the writ petition, it cannot be said that the state acted arbitrarily or unreasonably. ..... added to this, it is relevant to note that there is a sound objective behind the prescription that the applicant for the award of contract should furnish solvency certificate from the bank for the quantified sums of money specified in column no. ..... the superintending engineer/roads and buildings circle, kakinada, east godavari district issued the tender notification no. ..... the court cannot act as an appellate authority or superior administrator and substitute its opinion in the place of the opinion of the government particularly when it finds that the prescription is not a fanciful prescription. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant227; ILR1994KAR159; 1994(1)KarLJ385
..... , vat hukum or any other instrument or any custom or usage having the force of law, relating to a village office, which may be in force immediately before the appointed date;section 2(c): 'code' means the karnataka land revenue act', 1964;section 2(q): 'holder of a village office' or 'holder' means a person having an interest in a village office under an existing law relating to such office:provided that where any village office has been entered in a register or record under an existing ..... . 7 took away the right of 'unauthorized holders' to claim re-grant under any circumstance; (e) alienees with full knowledge of the legal position that the transfers made in their favour is in contravention of any law cannot put forth or have a grievance in law or in equity; and (f) re-grants made under s.7(3) did not stand on the same footing as that of a re-grant made ..... . (vii) and the decisions in harkun's case) note: the only exception to the 15 year bar being re-grants to the holders of a village office in an enfranchised inam (that is an inam of which there is proof of enfranchisement as required under the madras enfranchisedinams act, 1862) which could be transferred in the manner provided in the proviso to s ..... . 7 of the act.note: under s ..... . however, another division bench of this court struck a different note in adiv-eppa's case : ilr1990kar879 ..... . it may be noted that the decision on point (iii) in lakshmanagowda is relevant only to alienations between 1-2-1963 and 7-8-1978 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)
..... , of the requirements of this clause, admit as member the following corporations, companies or institutions, namely- (a) the industrial finance corporation, established under the industrial finance corporation act, 1948 (15 of 1948); (b) the industrial development bank of india, established under the industrial development bank act, 1964 (18 of 1964); (c) the life insurance corporation of india, established under the life insurance corporation act, 1956 (31 of 1956); (d) the general insurance corporation of india constituted under the general insurance corporation (nationalisation ..... it is further necessary that the person claiming a 'writ of mandamus must have a legal right to the performance of a legal duty by the one against whom the writ is sought.' 31. ..... before we proceed with the matter in controversy before us, we may note that reference to securities and exchange board of india in the regulations act 42 of 1956 has been made by way of amendment by the securities and exchange board of india act, 1992 with effect from 30-1-1992. ..... we are tempted to extract a passagefrom the said judgment which reads as follows(paras 21 and 25): 'municipalities and gram panchayats, it may, be noted, are illustrations of local self-government. ..... it is relevant to note the mandatory character of cl. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC526; JT1988(1)SC36; 1988(1)SCALE10; 1988Supp(1)SCC176; [1988]2SCR511; 1988(1)LC433(SC)
..... two questions of law; (i) whether rule 41-a of the karnataka cinemas (regulations) rules (hereinafter referred to as the rules) framed by the state government under section 19 of the karnataka cinemas regulations act of 1964 (karnataka act 23 of 1964) (hereinafter referred to as the act) has been made 'for purposes of the act', and (ii) whether rule 41-a places unreasonable restrictions on the appellants' right to carry on their business of exhibiting cinematograph films in violation of article 19(1)(g) of the constitution.2. ..... for a further period of four months had been rejected by the licensing authority on the ground that under rule 67 of the hyderabad cinemas rules 1953 framed under the hyderbad cinemas (regulation) act 1952 no licence for a travelling cinema show could be issued more than once during the same year for the same place, the petitioner therein challenged the validity of rule 67 of the ..... in the instant case the title of the act is 'the karnataka cinemas (regulation) act 1964' and its preamble declares that it is 'an act to provide for regulating exhibition by means of cinematographs and the licensing of places in which cinematograph films are ..... power on the state government to issue orders and directions of general character in respect of matters relating to licence subject to the provisions of the act and rules to licensing authorities, such orders and directions for the exhibition of cinematograph films, and every licensing authority is bound to give effect to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2582; JT2009(14)SC370; 2009(8)SCALE218; (2009)7SCC734; 2010(1)SLJ52(SC):2009AIRSCW4498
..... an employee of the corporation with such designation as the corporation may determine and shall subject to the provisions of sub-sections (4), (4a), (4b), (4c), (5) and (6) to be governed by the regulations made by the corporation under this act as respects remuneration and other conditions of service including pension, leave and provident fund, and shall continue to be an officer or employee of the corporation unless and until his employment is terminated by the corporation.as in terms of the ..... food corporation of india constituted and incorporated under the food corporations act, 1964 (for short 'the act') is before us questioning the correctness of a judgment and order dated 29.11.2006 passed by a division bench of the calcutta high ..... year 1984, an option was given to the respondents herein for being absorbed in the food corporation of india upon tendering resignation in their parent cadre; pursuant to or in furtherance whereof the respondents herein opted to join the food corporation ..... transferees from central government were transferred to fci on compulsory/permanent basis after central government gazette notification, in accordance with section 12a of the food corporations act, 1964. ..... whatsoever that a writ of or in the nature of mandamus can be issued only when existence of a legal right in the writ petitioner and a corresponding legal duty in the respondent are established.23. ..... in a case of this nature, legal right of the respondents emanated from violation of the equality .....
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