Court : Supreme Court of India
Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649
..... that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or(b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or(c) that any other person is in unauthorised occupation of such premises; or(d) that the premises are required bona fide by the public institution ..... to, or taken on lease or requisitioned by, or on behalf of, the central government, and includes any such premises which have been placed by that government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendment act, 1980 under the control of secretariat of either house of parliament for providing residential accommodation to any member of the staff of that secretariat; (2) any premises belonging to, or taken on lease by, or on behalf of,-(i) any company as defined in section ..... premises act was further amended in 1984 by the public premises (eviction of unauthorised occupants) amendment act, 1984 whereby certain further amendments were made to provide for increased penalties and making the offences under the act cognisable and to enable the estate officers to exercise their powers under the act ..... of the public premises act and notices dated december 15, 1984 were issued by the estate officer under section 4(1) and section 7(3) of the public premises act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1605; (1980)3SCC569; [1980]3SCR1015; 1980(12)LC665(SC)
..... counsel for the plaintiff submitted that though it might be open to him to contend that the reliefs relating to the structures based on the terms of the contract would also be decisive on an application made under the act as being related to the recovery of the possession of the leased premises, he would content himself with the plea that the relief as to structures is so closely and inextricably related to possession of the land that no ..... 1964]3scr214 it was held that if a suit is framed by a landlord or a tenant and relief asked for is in the nature of a claim which arises out of act or any of the provisions then only and not otherwise will be covered by section 28 and as there were no 'such claim the city civil court has jurisdiction to entertain ..... between a landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this part apply and to decide any application made under this act and to deal with any claim or question arising out of this act or any of its provisions and subject to the provisions of sub-section (2), no other court shall have jurisdiction to entertain any such claim or question.11. ..... not only to entertain and try any suit or proceeding between a landlord and tenant for recovery of rent or possession but also to deal with any claim or question arising out of this act or any of its provisions and section 28 was thus wide enough to cover the question raised as between the plaintiff and the sub-lessee'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC234; (1981)1SCC166
..... and urban development held at calcutta on the 17th, 18th and 19th december, 1976, considered the matter and recommended that, in order to bring about social objectives of the act more prominently, the utilisation of the excess vacant land should be according to the priorities set down below subject to the prescribed land uses:(i) retain/reserve for the benefit of ..... case, has laid down:amendments to the constitution made on or after april 24, 1973 by which the 9th schedule to the constitution was amended from time to time by the inclusion of various acts and regulations therein, are open to challenge on the ground that they, or any one or more of them, are beyond the constituent power of the parliament since they damage the basic or ..... such individual and their unmarried minor children.in order that the burden of compensation, that is, the amount payable for such excess vacant lands by the government, may not be high, the act incorporates a specific provision, namely, sub-section (1) of section 11 which fixes the amount broadly on the following basis : (1) eight and one-third of the annual net income from ..... therein had raised a similar contention in the context of the artificial definition of 'family' and the adoption of double standard for fixing ceiling limits obtaining in the several concerned acts and in support of such contention counsel had placed reliance on the aforesaid two decisions of this court but we rejected the contention on the ground that ample material had been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC523; 2005(5)CTC494; JT2005(9)SC443; (2006)1MLJ27(SC); 2005(9)SCALE150; (2005)12SCC752
..... entitled to compensation under section 3 and against whom a suit in ejectment had been instituted, could, within one month of the date of the madras city tenants' protection (amendment) act, 1955 coming into force or of the date with effect from which the parent act was extended to the concerned town or village or within one month after the service on him of summons in a suit, apply to the court for an order that the landlord ..... decide the constitutional validity of the provision which resulted in withdrawal of the benefit made available to tenants under section 3 of the act by the earlier extension of the act to such tenancies and to answer the argument that the exemption granted to religious institutions and charitable trusts was violative of article 14 of the constitution and the further challenge to section 3 of the amending act of 1996 to the extent it provided for abatement of proceedings initiated under section 9 of the parent ..... sankaraswamigal mutt (supra) and the fire was concentrated on depriving the tenant of the benefit under section 3 of the act which provided for payment of compensation to the tenant for the building which he had put up in case of his being evicted. ..... anxiously the relevant aspects urged before us and on considering the reasoning adopted by the full bench of the high court while turning down the challenge to the constitutional validity of act 2 of 1966, we are satisfied that no grounds is made out for interference with the decision of the high court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC314; (1954)IMLJ619(SC); [1954]1SCR1117; [1954]5STC108(SC)
..... advocate drew out attention to entry 54 in list ii of the seventh schedule to the constitution of india and argued that this entry clearly indicated that entry 48 in list ii of the seventh schedule to the government of india act, 1935, under which the impugned act was passed, was much narrower in its scope and could not be read as authorising the making of a law with respect to taxes on the purchase of goods. ..... further, we agree with the high court that entry 48 in list ii of the seventh schedule to the government of india act, on a proper construction, was wide enough to cover a law imposing tax on the purchaser of goods as well and that the constituent assembly in entry 54 of list ii in the seventh schedule to the constitution accepted this liberal construction ..... in the high court the appellants impugned the act and the rules on the following grounds :- (a) the provincial legislature had no power under the government of india act of 1935 to enact a law imposing a tax on purchasers; (b) the liability to pay tax on sales is thrown on the purchaser not by the statute but ..... unconstitutional delegation by the legislature of its functions to the executive and the imposition of the tax is accordingly illegal; (c) the act has become void under article 14 of the constitution, as it singles out for taxation purchasers in some trades and is, therefore, discriminatory; and (d) the rules framed under the act are inconsistent with the provisions enacted in be body of the act and are void. 3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146
..... by the appellant's stockist in the market areas concerned especially when these transactions take place in the market yard or sub-market yards as laid down by section 15 of the act which remains fully operative to cover such transactions, there is no escape from the conclusion that the entire infrastructural facilities for regulation of such sale transactions as made available by the ..... the market fee is to be levied must be required to be bought and sold in the market area within the jurisdiction of the concerned market committee as per section 15 of the market act which enjoins that no agricultural produce specified in the notification under sub-section (1) of section 4 shall be bought or sold by any person within the market area other than the relevant principal ..... contravention xxxxx xxxxx xxxxxsection 58 deals with the power to summon and enforce attendance of witnesses and production of documents and provides as under:for the purposes of enquiries under this act the cane commissioner or any person exercising the powers of the cane commissioner or a cane officer or an officer appointed under section 34 shall have the same powers to ..... rolling flour mills (licensing and control) order, 1957 and the bihar trading articles (licenses unification) order, 1984 issued under section 3 of the essential commodities act, 1955 lay down a complete scheme for regulating purchase and sale of wheat products and hence these transactions cannot be covered by the general sweep of the market act.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3939; 1998(1)ALLMR(SC)161; 1998(1)ALT1(SC); JT1997(8)SC317; (1998)IMLJ38(SC); RLW1998(1)SC10; 1997(6)SCALE328; (1997)8SCC47; [1997]Supp4SCR362; 1997(2)LC761(SC)
..... within that period, the entire proceedings for the acquisition of the land shall lapse:provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement.explanation : in computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in pursuance of the ..... -(i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 (1 of 1967), but before the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of three years from the date of the publication: or(ii) published after the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of one year from the date of the publication of the notification:provided further that no such declaration shall ..... according to learned counsel, the purpose of introducing the limitation of one year by act 68 of 1984 was to make the officials concerned to speed up the proceedings and to avoid the delay. ..... that notification lapsed as no declaration as required under section 6 of the act as amended by act 68 of 1984 was made. ..... the case on hand has arisen after the amending act 68 of 1984. ..... it may be noted that this court in that case was considering a case which arose before the coming into force of the amending act 68 of 1984. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC544; 1959CriLJ660; 1959Supp(1)SCC904; [1959]Supp1SCR904
..... by which the ownership and possession of amplifiers was burdened with any such regulation or control, and there being thus no question of repugnancy or of an occupied field, we have no hesitation in holding that the act is fully covered by the first cited entry and conceivably the other in the state list. 15. ..... the respondents (who were absent at the hearing) were prosecuted under section 3 of the act for breach of the first two conditions of the permit granted to the first respondent, to use sound amplifiers ..... nor is it any valid argument to say that the pith and substance of the act falls within entry 31 of the union list, because other loud noises, the result ..... legislative assembly enacted the ajmer (sound amplifiers control) act, 1952 (ajmer 3 of 1953), (hereinafter called the act) which received the assent of the president on ..... appeal and reverse the decision, and we declare the act in all its parts to be intra vires the ..... if, therefore, the subject-matter of the act falls substantially within an entry in the union list, the act must be declared to be unconstitutional, but it is otherwise, if it falls substantially within the other two lists, since prima facie there is no question of repugnancy to a central statute ..... section 21 of the government of part c states act, 1951, enacted:'(1) subject to the provisions of this act, the legislative assembly of a state, may undertake laws for the whole or any part of the state with respect of any of the matters enumerated in the state list or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2625; 2007(3)ALLMR(SC)326; 2007(6)BomCR879; 2007(3)CTC209; 2007(4)KLT773(SC); (2007)3MLJ383(SC); 2007(4)SCALE335
..... learned counsel for the respondent submitted that after the declaration under section 6 of the act dated 28.2.2000 the acquiring body had intimated to the land acquisition officer vide its communication dated 2.1.2001 proposing deletion of some of the area which was proposed to be acquired. ..... the last publication of the declaration under section 6 of the act was 28.2.2000 whereas the award was published on 4.2.2003. ..... learned counsel has invited our attention to section 11a of the act which states:11a. ..... the date of last publication of the notification under section 4 of the act was 18.2.1999 (in gazette). ..... the short point before us is whether the award was illegal in view of section 11a of the land acquisition act (hereinafter referred to as 'the act'). ..... in our opinion the submission of learned counsel for the appellant is clearly correct in view of the clear provision of section 11a of the act. ..... according to the learned counsel for the appellant the award ought to have been published on or before 28.2.2000 which was the date of the last declaration under section 6 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1987(1)SCALE689; 1987Supp(1)SCC43
..... the schedule as prescribed by section 3 of the mysore prevention of fragmentation and consolidation of holdings act, 1966 classifies the irrigated and non irrigated land. ..... making of such an application the court has to determine the land which the landlord may be entitled to resume, subject to the provisions of section 16 of the act sub-section 10(b) of section 16 lays down that notwithstanding any thing contained in clauses(1) to (l0) if any resumable land shall be subject to the restrictions and conditions as specified in section 31b of bombay tenancy and agricultural lands act, 1948 as inserted by the bombay tenancy and agricultural lands (amendments) act,1955. ..... facts giving rise to this appeal are that the appellant landlord made an application under section 14 of mysore lands reforms act, 1961 for resumption of his lands r.s. ..... section 31b(1) of bombay tenancy act provides that in no case a tenancy shall be terminated in such a manner as will result in leaving with the ..... of the area of lands leased to him and sub-section (2) further provides that the tenancy shall not be terminated in such a manner as will result in contravention of the provisions of bombay prevention of fragmentation and consolidation of holdings act, 1947 or in making any part of the land leased a fragment within the meaning of that act. ..... , he urged that the high court committed error in refusing resumption on misconception of law by applying section 31b(i) of bombay tenancy and agricultural lands act, 1948. .....
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