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Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter i preliminary Page 9 of about 1,313 results (0.151 seconds)

Sep 28 2012 (SC)

Chloro Controls (i) Pvt Ltd. Vs. Severn Trent Water Purification Inc. ...

Court : Supreme Court of India

..... that the judgment upon the award rendered could be entered in any court of competent jurisdiction. still, clause 21 of the international distributor agreement required the construction, interpretation and performance of the agreement to be governed by and interpreted under the laws of the state of pennsylvania, usa. any litigation thereunder was ..... in fact, is the situation in the present case.151. one of the arguments advanced was that the international distributor agreement had specifically provided for construction, interpretation and performance of the agreement and for the transaction under that agreement to be governed by and interpreted by the laws of state of pennysylvania ..... or contained in an exchange of letters or telegrams. thus, the requirement that an arbitration agreement be in writing is an expression incapable of strict construction and requires to be construed liberally, as the words of this article provide. even in a given circumstance, it may be possible and permissible to .....

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Dec 10 1982 (SC)

National Textile Workers' Union and Ors. Vs. P.R. Ramakrishnan and Ors ...

Court : Supreme Court of India

Reported in : AIR1983SC75; [1983]53CompCas184(SC); (1983)1CompLJ1(SC); (1983)ILLJ45SC; (1983)IIMLJ1(SC); 1982(2)SCALE1144; (1983)1SCC228; [1983]1SCR922

..... or winding-up under the supervision of the court would go on without any such contest although in all cases ultimately the workers will be discharged from service. a construction which leads to such a discriminatory result should be avoided.38. when once we extend the right to contest a winding-up petition to workers either on the principle ..... aid of the principles laid down by some of the leading english cases like salomon v. salomon & co. [1897] a.c. 22 laying down the principle of corporate personality, ashbury railway carriage & iron co. v. riche [1875] l.r. 7 h.l. 653 dealing with the rule of ultra vires, royal british bank v. turguand [1856] 6 e & b ..... of the statute to ascertain its proper meaning unifluenced by any consideration derived from the provisions of the english law upon which it may have been founded principles of construction of a statute are well settled.86. it is significant to note that no decision of any court in india could be cited where the claim of an employee .....

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Sep 24 1974 (SC)

Bolani Ores Ltd. Vs. State of Orissa

Court : Supreme Court of India

Reported in : AIR1975SC17; (1974)2SCC777; [1975]2SCR138

..... ) 1 q.b. 451 the word 'adapted' is used throughout the -road traffic act, 1960, in a number of different contexts. sometimes it is used as an alternative to 'constructed'-'constructed or adapted,' and it seems clear, and indeed it has been so held for a very long time, that 'adapted' there means altered.on the other hand, as it was ..... the appellant bolani ores ltd. that euclid dumpers are used for transporting ore from the mining faces to the crushing and screening plant or from head mine stockpile to near railway siding. rockers also seem to be similar to dumpers. but in this case rockers are heavier than dumpers.27. in so far as the tract airs are concerned, ..... the journey on a public road even if a motor vehicle goes into a place which will not be strictly a public place like hotel or inside a railway, such as in a railway station, or even inside the premises of a bus depot, hospitals, etc. provisions for compulsory registration should be applicable. the judgment of the high court is .....

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Sep 25 2008 (HC)

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Reported in : 2009ACJ585; 2008(6)MhLj941

..... local law, special judicial jurisdiction or power conferred or any special form of procedure prescribed under any other law. this section, upon its plain construction, indicates the purpose for incorporating such a provision. the code of civil procedure being a code to control and regulate the proceedings before the courts ..... word means and another aspect conveys the concept of 'purpose' and 'object' or the 'reason' or 'spirit' pervading through the statute. the process of construction, therefore, combines both the literal and purposive approaches. however, necessity of interpretation would arise only where the language of a statutory provision is ambiguous, not clear ..... to operate rather than the same be defeated by process of interpretation. the court while performing its function of interpretation of law would make such construction as shall suppress the mischief and advance the remedy and to suppress subtle inventions and evasions for continuance of the mischief and pro privato commodo .....

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Dec 10 1987 (SC)

K. Prasad and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC535; JT1987(4)SC731; (1988)ILLJ485SC; 1987(2)SCALE1343; 1988Supp(1)SCC269; [1988]2SCR285

..... the consequence cannot be that they should be ignored and persons recruited under rule 4(2) given preference over them.32. the correct solution, in our opinion, on a proper construction of the rules, is this.even accepting the position, for the sake of argument, that the number specified for each category of posts in the cadre regulations limits, as contended .....

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Nov 08 1977 (SC)

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

..... that, apart from articles 256 and 257(1), it deals only with some special matters, such as maintenance of national highways, water ways, and railways, constructions to be undertaken for objects of national or military importance, delegation of certain powers, some arbitrations, recognition throughout the territory of india of certain public ..... as the marconi scandal. in 1912 the post master general in a liberal government accepted a tender by the english marconi company for the construction of state-owned wireless telegraph stations throughout the empire. there followed widespread rumours that the government had corruptly favoured the marconi company and that ..... improprieties have been committed in the administration of the karnataka film development corporation since 1971 ?xxii. whether the cement or steel allotted for the construction of the government harijan hostel building in bangalore city was diverted to other purposes?xxiii. whether orders for the purchase of furniture for the health .....

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Oct 12 1978 (HC)

P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497

..... places ; (f) securing or removing dangerous buildings and places ; (g) acquiring, maintaining, changing and regulating places for the disposal of the dead ; (h) constructing, altering and maintaining streets, culverts, markets, slaughter-houses, latrines, privies, urinals, drains, drainage works and sewerage works ; (i) planting and maintaining trees on ..... 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 ..... the ring road, which is almost completed ...and is well along in the west and northwest with road overpasses over the rewari, cantonment ...railway lines.' 326 'augmentation of trunk severage system : to serve the areas south of najafgarh road and the cantonment area which has no severage .....

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Sep 28 2001 (HC)

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Reported in : 2002(1)BomCR419

..... always made subject to the context, and therefore, reading the statute as a whole, contextual interpretation may at times widen or narrow the definition. the process of construction, therefore, combines both literal and purposive approaches. we are tempted to quote from the judgment in rbi v. peerless general finance & investment co. ltd. air ..... their plain, literal and grammatical meaning. the court must confine itself to the words within their natural meaning. reliance was placed on the following decisions: (i) london & north eastern railway co. v. berrimal [1946] ac 278 . (ii) tolaram v. state of bombay : [1955]1scr158 . (iii) union of india v. rai bahadur shree ram durga ..... purchaser of the documents necessary to procure his registration, rather than to the contract itself. there is nothing in the context to point away from this construction. on the contrary, the words 'or in the performance of a contract' appear to recognize the distinction on which this interpretation is based.' mr. .....

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Apr 19 1999 (HC)

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... contracts often impliedly recognise, for example by punishing only one of the parties, that the parties are not equally at fault, and, therefore, on their true construction only one of the parties to the contract is prevented from suing upon it. accordingly, when 'the policy of the act in question is to protect the general ..... bar council of india, on the ground that the contemner is also an advocate, is, therefore, not permissible in exercise of the jurisdiction under article 142. the construction of article 142 must be functionally informed by the salutary purposes of the article, viz., to do complete justice between the parties. it cannot be otherwise. as ..... towards that construction which exempts the subject from penalty rather than the one which imposes penalty. it is not competent to the court to stretch the meaning of an expression used by the legislature in order to carry out the intention of the legislature. as pointed out by lord macmillan in london and north eastern railway co. .....

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Jan 13 1981 (SC)

Swadeshi Cotton Mills Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1981SC818; (1982)1CompLJ309(SC); 1981(1)SCALE90; (1981)1SCC664; [1981]2SCR533

..... functions, and that section confers on the aggrieved owner a right to apply to the government to cancel the order of take-over. on a true construction this section casts an obligation on the central government to deal with and dispose of an application filed thereunder with reasonable expedition. shri sorabji further concedes ..... it will be useful to have a general idea of the concept of "natural justice" and the broad principles governing its application or exclusion in the construction or administration of statutes and the exercise of judicial or administrative powers by an authority or tribunal or constituted thereunder. well then what is "natural justice" ..... the existence of preliminary jurisdictional facts with express checks, the authority has to form that opinion reasonably like a reasonable person. while spelling out by a construction of section 18aa(1)(a) the proposition that the opinion or satisfaction of the government in regard to the necessity of taking immediate action could not .....

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