Court : Mumbai
Reported in : I(2005)BC317; 2004(2)BomCR16; [2004]118CompCas356(Bom); 2004(2)MhLj823; [2004]53SCL79(Bom)
..... the locking up of such huge amount of public money in litigation prevents proper utilisation and recycling of the funds for the development of the country.the bill seeks to provide for the establishment of tribunals and appellate tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions. ..... 608 of comp cas):'in ascertaining the question whether any particular claim of any bank or financial institution would come within the purview of the tribunal created under the act, it is imperative that the entire averments made by the plaintiff in the plaint have to be looked into and then find out whether notwithstanding the specially created tribunal having been constituted, the averments are such that it is possible to hold that the jurisdiction of such ..... 1921 of 2000 was taken out by the appellants on july 3, 2000, raising a preliminary issue of jurisdiction under section 9a of the civil procedure code, 1908 (as applicable in the state of maharashtra), contending that this hon'ble court has no jurisdiction to try the said suit. ..... the supreme court applied the principle of purposive interpretation for considering the provisions of the companies act and held that the jurisdiction and powers of the company court had to be excluded in view of the superior powers of the debt recovery tribunal. mr. ..... , on june 17, 2000, june 17, 2001, and lastly on june 17, 2002, respectively. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105
..... of excise on coal which was a field covered by entry 84 of list i in the seventh schedule and repugnant to the local mines labour welfare fund act, 1947 (central act xxxii of 1947); and (b) even if it was treated as a fee relatable to entries 23 and 66 of list ii in the seventh schedule, it was hit by entry 54 of list i read with the mines and minerals (development & regulation) act, (central act liii of 1948) ('the mmrd act' for short) or by entry 52 of list i read with the industries (development and regulation) act ('the idr act' for short), 1951 (central ..... the proceeds thereof are to be credited to a separate fund and utilised for social forestry, afforestation, reforestation, forest rehabilitation and other purposes connected with forest development. ..... it will be seen that, unlike the cesses referred to in part i and iii, the act did not provide for the creation of a separate fund for the mineral areas development cess. ..... act and (b) as it impeded the powers and functions of the union under the coal mines nationalisation act, 1973 which had been enacted by parliament 'for acquisition of coal mines with a view to reorganising and restructuring such coal mines so to ensure the rational, coordinated and scientific development and utilisation of coal resources as best to subserve the common good'. ..... state of maharashtra : (1974)illj221sc ; shri vallabh glass works ltd. v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD599; 2004(3)ALT17; (2004)IILLJ581AP; [2004]55SCL459(AP)
..... we in exercise of our jurisdiction under article 226 of the constitution of india, cannot compel the state to alter its priorities and utilise the available resources either for a specified public purpose or vary or modify, the priorities chosen by the state. ..... . the regulation 21 of the andhra pradesh state irrigation development corporation limited staff regulations enables the corporation to terminate the services of employees by giving three months ..... the matter was placed before the cabinet sub-committee on public sector undertakings and the cabinet sub-committee in its meeting held on 22-9-2001, having considered the manpower study of the corporation concurred with the recommendation that the cadre strength of the 3rd respondent corporation ought to be fixed as 404 employees ..... grants under article 203 of the constitution of india, have been made by the assembly, a bill is required to be introduced in the legislative assembly under article 204(1) of the constitution of india, to provide for appropriation out of the consolidated fund of the state and on the said bill being passed it becomes the 'appropriations act'. ..... the creation or abolition of post is dictated by policy decision, exigencies of circumstances and administrative ..... the creation, the continuance and the abolition of post are all decided by the government in the interest of administration and general public .........the abolition of post may have the consequence of termination of service of a government servant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118
..... . the grant of mining lease is governed by the mines and minerals (regulation and development) act, 1957 (for short, 'the mmrd act) which was enacted to provide for the development and regulation of mines and minerals under the control of the union ..... been drawn to letter dated 26th november, 2002 addressed by divisional, forest officer, faridabad to mining officer, faridabad forwarding to him a list of blocked forest areas of faridabad district and requesting him to ensure that the said forest areas are not affected by any mining operations as also to a letter dated 17th september, 2001 sent by principal chief conservator of forest, haryana (panchkula) to director of environment, haryana stating therein that no mining activity can be permitted in the area ..... other option is to first constitute a monitoring committee directing it to individually examine and inspect mines from environmental angle in the light of the said recommendations and file a report in this court in respect of individual mines with its recommendations for restart or otherwise as also recommendation, if any, for the payment by the mine operators and/or by state government towards environmental fund having regard to the precautionary principles and polluter pays principle and on consideration of that report, to decide the aspect of modification of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD760; 2001(3)ALT706
..... fact that an advertisement for filling of the said post was issued, and in terms whereof the names of all eligible candidates were also called for from employment exchange the director had the requisite knowledge that for the purpose of creation of post, approval of the executive committee as well as the governing ..... the legislature of the state whether incorporated or not, including a university; and (e) any other body established by the state government or by a society registered under any law relating to the registration of societies for the lime being in force, and receiving funds from the state government either fully or partly for its maintenance or any ..... contravention of the provisions of this act, -- (a) it shall be deemed in the case of the holder of an elective office that he has abused his position or power and accordingly competent authority shall initiate proceedings for his removal; and (b) in the case of an officer or authority it shall be deemed that he is guilty of misconduct and the competent authority shall initiate action ..... aspect of the matter is also covered by a division bench decision of this court in wa no.526 of 1999 dated 25-1-2001 wherein it has been held: it is well a settled principle of law that in terms of article 16 of the constitution ..... and planning, allegedly, addressed a letter to the company calling for the list of surplus employees in the company whose services could be utilised ..... maharashtra and others reported in : (1995)illj927sc and ..... development .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(6)ALD99(SC); (2004)2GLR1413; JT2004(3)SC529; (2004)4SCC489
..... the mines act, 1952; the mines and minerals (development) act, 1957; oil fields (regulation and development) act, 1948; petroleum and minerals pipelines (acquisition of right of user in land) act, 1962; the oil industry (development) act, 1974; industries (development and regulation) act, 1957; petroleum and natural gas rules, 1959 are some of the legislations made by the central ..... gujarat state legislature passed an act by name "gujarat gas (regulation of transmission, supply and distribution) act, 2001" (hereinafter being referred to as "gujarat act"), which came into force ..... the state of gujarat had legislative competence to enact gujarat gas (regulation of transmission, supply and distribution) act 2001. 6. ..... argued that "natural gas" is defined as a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in the porous geologic formations beneath earth's surface and is used principally as a source of heat in residential, commercial and industrial service because of its clean burning quality, convenience of utilisation, low cost and abundance. ..... gas (regulation of transmission, supply & distribution) act, 2001, so far as the provisions contained therein relating to the natural gas or liquefied natural gas (lng) are concerned, is without any legislative competence and the act is to that extent ultra vires of the constitution ..... state of gujarat had legislative competence to enact the gujarat gas (regulation of transmission, supply & distribution) act, 2001. a.3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP234; 2004(1)ALD757; 2004(2)ALT94
..... 71, panchayat raj and rural development (pts.iii) dated 29.2.2001 and clause 8(iii) of the lease agreement dated 29.7.2002 as invalid, inoperative and ultra vires the provisions of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as 'the act') and for a consequential direction to permit him to carry on quarrying operations without reference to the said rules.3. ..... in exercise of the powers conferred by sub-section (1) of section 15 of the mines and minerals (development and regulation) act, 1957, the government of andhra pradesh made a.p. ..... admittedly, ordinary sand is a minor mineral as defined under section 3(e) of the mines and minerals (development and regulation) act, 1957. ..... ranjana granites ltd (supra) had an occasion to consider the scope of section 15 of the act as well as the rules framed by the state government and held that the entire file relating to the regulation of mines and development of minerals is taken over by the parliament by virtue of section 2 of the act and accordingly the state is denuded of the power to legislate under entry 23 of the list-ii. ..... the act confers power on the state government to regulate the development and mining of minor mineral quarries. .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(5)KarLJ361
..... act', the abject of the authority shall be to promote and secure the development of the bangalore metropolitan area and for that purpose the authority shall have the power to acquire, hold, manage, and dispose off movable and immovable property, whether within or outside the area under its juris diction, to carry out building, engineering and other operations and generally to do all things necessary of expedient for the purpose of such development and ..... or the sites or if any petitioner's title in regard to the compensation in regard to such site/land in question to the civil court under section 30 of the land acquisition act, 1894; and the petitioners will have to sort out the matter before the reference court, in that event, such petitioners will have pay the full allotment price within the time stipulated, without seeking ..... fundamental rights conferred on every citizen under article 19(1)(e) and article 21 of the constitution of india, and having regard to the acute shortage of housing and magnitude of the housing problem, this court, in the matters arising out of the anjanapura layout (w.p.no: 20875-938 of 2001 and connected matters, disposed of on 20.07.2001) has struck the balance by way of compromise between the parties and consequently, an order came to be passed directing the ..... made on behalf of the bda that the available government land is already utilised by the bda for formation of layout, some of the government lands ..... maharashtra and ..... in the case of state of maharashtra v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(5)BomCR95
..... july, 1990, two notifications were issued by the urban development department of the government of maharashtra, the first under section 31(1) of the maharashtra regional and town planning act, 1966 sanctioning part of the revised draft development plan for a to g wards excluding 9.60 hectares out ..... accept the contention of fsi that the clearance under regulation 3(1) of the crz notification was only in respect of the activity to be undertaken and that once clearance was granted, the builder or developer would be free to locate the construction at any location or to construct a building of a height or dimensions at variance with what had ..... exists authorised structures along the water front, then an imaginary line parallel to the high tide line is required to be drawn between two existing authorised structures and that the new construction is permissible behind the imaginary line connecting the two authorised structures because it would fall on the landward side of the imaginary line parallel ..... 4th december, 1992, 5th july, 1993, 3rd july, 1995, 6th may, 1996, 22nd january, 1997, 18th january, 2001 and 28th january, 2002 continued to insist that there must be a compliance with all the conditions which it had stipulated for the ..... would be utilised for (i) a maintenance workshop; (ii) a gear repair room; (iii) two sorting rooms; (iv) a chill room; (v) stores; (vi) rest room and toilet; and (vii) a fish freezing, processing and preserving room ..... is to be utilised to house facilities relating .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT175
..... himachal pradesh (3), mineral development limited v. ..... raised in this appeal with regard to which the parties were heard was that, in the facts and circumstances of the case whether it can be said that the appellate court was biased as against the trial court and if so, would it vitiate the judgment passed by the appellate court? ..... suit for injunction, which was later on amended, a relief for declaration of title and possession was also sought from the trial court. ..... fees and suits valuation act. ..... of the supreme court and for the reasons set out herein above, i set aside the judgment passed by the district judge and remand the matter back to the district judge for fresh hearing and a decision on merits. ..... going by the judgment of the supreme court and by the remarks made by the district judge it becomes manifestly clear that it is not seen whether justice is being done, justice might have or might have not been done but certainly it does ..... comments, in the facts and circumstances of the case, ..... but the learned counsel for the appellants submits that it is unfair to expect a fair judgment from a judicial authority who appears to have had some beliefs, rightly or wrongly, about the capability, capacity and integrity of the trial judge. ..... 1 kb 256, 259, that 'it is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done.'3. ..... through their counsel are directed to before the additional district judge, madanapalle on 26th february,2001. .....
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