Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter i preliminary Court: karnataka Page 2 of about 316 results (0.088 seconds)

Escorts Ltd. Vs. Regional Director, Esic

Court : Karnataka

Reported in : ILR1986KAR3595

..... extensive a circle as is feasible. in short, the social orientation, protective purpose and human coverage of the act, are important considerations in the statutory construction, more weighty than more logomachy or grammatical nicety.'. ... ...'all that the statute requires is that the work should not be irrelevant to the purpose of ..... , if accepted, would, instead of promoting the objectives of the legislation, would hinder and impede its smooth effectuation, merits acceptance. in preferring this construction of section 75 and interpret the scope of its jurisdiction so as to include a power to adjudicate all questions necessary for the ascertainment of the liability ..... . he submitted that this beneficent and social welfare legislation, brought-forth in realisation of the directive principles of state policy, would attract a purposive construction, and the courts must not make a fortress out of the dictionary and limit the otherwise lambent benevolence of the statute by semanticity.11. on .....

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

..... community are concerned, such as under-trial prisoners languishing in jails without a trial, inmates of the protective home in agra or harijan workers engaged in road construction in the district of ajmer, who are living in poverty and destitution, who are barely a miserable existence with their sweat and toil, who are helpless ..... mazdoor sabha (air1960sc610 and it has been held as under: 9. it is, however, contended that, in construing the definition, we must adopt the rule of construction noscuntur a rule, according to maxwell, means that, sociis. this 127 together when two or more words which are susceptible of analogous meaning are coupled they are ..... according to the revenue, petitioner is required to deduct tax at source under section 194b.30. the hon ble apex court in akhila bharatiya soshit karamchari sangh (railway) vs union of india & others reported in (1981) 1 scc246while examining the maintainability of a writ petition filed by an unrecognized association has held to the .....

C. Kannan Vs. Returning Officer

Court : Karnataka

Reported in : ILR1989KAR1081; 1989(1)KarLJ409

..... compliance may be sufficient to achieve the object regarding which the rule is enacted. certain broad propositions which can be deduced from several decisions of courts regarding the rules of construction that should be followed in determining whether a provision of law is directory or mandatory may be summarised thus: the fact that the statute uses the word 'shall' while laying .....

Management of theatre Sanjaya Vs. the State and ors.

Court : Karnataka

Reported in : ILR1984KAR539; (1984)IILLJ400Kant

..... . 10(1) will clearly negative the contention that once the government declines to make a reference under s. 10(1) in respect of the same dispute gets exhausted. such a construction would denude a very vital power conferred on the government in the interest of industrial peace and harmony and it need not be whittled down by interpretative process ...' as to ..... contention that once the government declines to make a reference the power to make a reference under s. 10(1) in respect of the same dispute gets exhausted. such a construction would denude a very vital power conferred on the government in the interest of industrial peace and harmony and it need not be whittled down by interpretative process. in western .....

Karnataka Bank Ltd. Vs. Narayana Bhatta

Court : Karnataka

Reported in : ILR1986KAR1887

..... :'(27)-----when, however, the authority travels beyond the valid provisions it must be regarded as acting in excess of its jurisdiction. to give too wide a construction to the expression 'under the act' may lead to the serious consequence of attributing to the legislature, which owes its existence itself to the constitution, the ..... any matters which have been specifically committed by parliament to the tribunal.such tribunals must, however, confine themselves within the powers specially committed to them on a true construction of the relevant acts of parliament .... .... .... ....if for instance, parliament were to carve out an area of inquiry within which an inferior domestic tribunal ..... of a proper understanding of the provisions of the statute it will be relevant to note that the provisions themselves will have to be read in the light of the construction, placed on them, by the supreme court. in state of karnataka & anr. -v.- ranganatha reddy & anr., : [1978]1scr641 the supreme court had .....

Prof. S.N. Hegde Vs. the Lokayukta and ors.

Court : Karnataka

Reported in : ILR2004KAR3892; 2004(3)KarLJ505

..... legislation. the law specifically provides for remedying the mischief. the specific mandatory provisions are ignored by the authorities. there is no question of two or more constructions being placed on the provisions. the provisions are rendered nugatory by inaction. as demonstrated above, if such an interpretation is placed, it runs counter to ..... the word, the legislative intent should be respected and it should not be negatived by reading those words into the section under the guise of purposive construction. probably, the legislature did not intend that way because, they were not contemplating a case of non-appointment. when the act provides for appointment of ..... which the act was promulgated and the object sought to be achieved by the said legislation, the courts should adopt the rule of purposive construction as opposed to strained construction and hold that the lokayukta has the power of the upalokayukta even in cases where upalokayukta is not appointed. when the petitioners did not .....

Telecom Employees Co-operative Housing Society Ltd. Vs. Scheduled Cast ...

Court : Karnataka

Reported in : ILR1990KAR3320

..... , 1982.(3) the bangalore development authority (disposal of corner sites and commercial sites) rules, 1984.barring these, there are no other prescriptions. one method of construction will be, if these are taken to be the prescriptions they alone shall prevail with regard to any transfer. outside these rules, no other general power can ..... we may also refer here to the decision of the privy council in madras and the southern mahratta railway company ltd. v. bezwada municipality which affirmed the judgment of the madras high court in madras and southern mahratta railway company limited v. the municipal council, bezwada, ilr 1941 mad 897: air 1941 mad 641. ..... against the motor vehicles (authorisation of special types) general order, 1955, or whether it made the defendants guilty of a contravention of regulation 66 of the construction and use regulations. the justices came to the conclusion that the latter was the correct view and, accordingly, convicted the defendants of a breach of regulation .....

The Bangalore Water Supply and Sewerage Board Vs. Kantha Chandra and o ...

Court : Karnataka

Reported in : AIR1989Kant1

..... to bring it in conformity with the modern democratic thought. the indian legislature has so far been singularly inactive and remiss in tackling constructively the problems of administrative law and suitably adapting the norms thereof to contemporary societal needs. legislature inertia thus throws a tremendous responsibility on ..... referred to. thus the permission is required to be obtained for using agricultural land for non-agricultural purpose. non-agricultural purpose is normally for construction of buildings or for use of the agricultural land for industrial, commercial, and other purposed which are not connected with cultivation of agricultural lands. ..... the respondent1 in each one of these petitions is a different person who has obtained permission to convert agricultural lands for non-agricultural purposes viz., for construction of buildings. respondents 2 to 5 are common to all these petitions. they are: the special deputy commissioner bangalore. the karnataka appellate tribunal, .....

Food Corporation of India Loading and Unloading Workers' Union Vs. Foo ...

Court : Karnataka

Reported in : (1987)ILLJ407Kant

..... of the third party. this would be clear from the following observations of lord esher,' m.r. in the case of donnvan v. laing, wharton and down construction syndicate 1893/1 qb 629 at p. 632(b) : it is true that defendants selected the man and paid his wages, and these are circumstances which, ..... by siding or loading on trucks or any other transport vehicles from godowns for despatches or for delivery to the recipients. 5. carrying by means of trucks from railway siding to the godowns or vice-versa. 6. transport of foodgrains (not provided) for under item-2 and 5. 6a. transport of wooden creates, gunny bales ..... - for stocks received at or despatched from railway station/railway siding or for stocks delivered to recipients : 1. unloading from wagons at railway station/railway siding loading into trucks/any other vehicles. 2. transport of foodgrain bags from railway station to various godowns or vice-versa. 3. unloading from wagons at railway siding or from transport vehicle and stacking the .....

Bommegowda Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR3148

..... the provision supra being almost omniscient and totally pervasive would include in its ambit anything connected with the elections including the postponement of elections. the argument constructed on the basis of this provision is that if power available under section 272a is treated as wide enough to include the power to hold elections, ..... the petitioners that the expression 'local government' preceding the expression 'local administration' with a disjunctive barrier 'or' in between attracted the well known principle of construction or interpretation of viz., noscitur a sociis, i am afraid i cannot agree and it is not necessary for me to repeat the reasons which i have ..... it rather than destroying it straightway. to this must be added the widely accepted principle that a legislative entry must be given the widest possible construction and the court must examine the pith and substance or the core and heart of the legislation while ascertaining whether the controversial enactment was within or .....