Court : Supreme Court of India
..... by a court should be to secure that object, unless crucial omission or clear direction makes that end unattainable. 26. the courts will therefore reject that construction which will defeat the plain intention of the legislature even though there may be some inexactitude in the language used. [see salmon v. duncombe [salmon v ..... narrower of which would fail to achieve the manifest purpose of the legislation, such an interpretation will have to be avoided. the court should avoid a construction which would reduce the legislation to futility. a broader interpretation which would bring about an effective result, will have to be preferred. applying this principle, ..... conflict between section 47 of the code of civil procedure, 1908 and order xxi rule 2 thereof. this court held that applying the rule of harmonious construction, the so called conflict between the said two provisions had been dispelled. observing so, this court reiterated the following well settled principles of interpretation of .....
Tag this Judgment!Court : Supreme Court of India
..... power of arriving at a settlement under section 245d cannot have the administrative power of issuing directions to other income-tax authorities. it is normal rule of construction that when a statute vests certain power in an authority to be exercised in a particular manner then the said authority has to exercise it only in the ..... whether or not there is a duty to act judicially must be decided in each case in the light of the circumstances of the particular case and the construction of the particular statute with the assistance of the general principles laid down in the judicial decisions. the principles deducible from the various judicial decisions considered by ..... respondents are entitled to recover possession of all vacant portions of the land and are entitled to compensation in respect of those portions of the land on which construction has been carried out?.1. whether the high court was justified in relegating the parties to the remedy before the wakf tribunal?.105. the high court in .....
Tag this Judgment!Court : Supreme Court of India
..... crops. therefore, section 2 (1) (i) (b) evidences that lands used principally for cultivation of certain crops and lands used for construction of buildings for the purpose of running and maintaining a plantation are excluded from the definition of private forest . section 3 of the vesting act under which ..... definition of private forest by reason of sub-clause (b). explanation to section 2 (1) (i) (b) further showed that lands used for the purpose of construction of office buildings, go-downs, factories, quarters for workmen, hospitals, schools and playgrounds were deemed to be lands used for purposes ancillary to the cultivation of such ..... used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market. 19 explanation.-lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation .....
Tag this Judgment!Court : Karnataka
..... cases, could not be directed by the state government in exercise of its executive administrative function to take over investigation of a cognisable offence registered at railway police station because when he was directed to take over the investigation it would mean that he was employed as a police officer in that police station ..... the police alone is 128 authorised to decide . there is nothing in the act to indicate such a narrow construction of the word superintendence . nothing was pointed out to us to put a narrow construction on this general power of superintendence conferred under the act on the state government and there is no justification for ..... under:5. extension of powers and jurisdiction of special police establishment to other areas. (1) the central government may by order extend to any area (including railway areas) in a state, not being a union territory, the powers and jurisdiction of members of the delhi special police establishment for the investigation of any offences .....
Tag this Judgment!Court : Karnataka
..... cases, could not be directed by the state government in exercise of its executive administrative function to take over investigation of a cognisable offence registered at railway police station because when he was directed to take over the investigation it would mean that he was employed as a police officer in that police station ..... the police alone is 128 authorised to decide . there is nothing in the act to indicate such a narrow construction of the word superintendence . nothing was pointed out to us to put a narrow construction on this general power of superintendence conferred under the act on the state government and there is no justification for ..... under:5. extension of powers and jurisdiction of special police establishment to other areas. (1) the central government may by order extend to any area (including railway areas) in a state, not being a union territory, the powers and jurisdiction of members of the delhi special police establishment for the investigation of any offences .....
Tag this Judgment!Court : Karnataka
..... cases, could not be directed by the state government in exercise of its executive administrative function to take over investigation of a cognisable offence registered at railway police station because when he was directed to take over the investigation it would mean that he was employed as a police officer in that police station ..... the police alone is 128 authorised to decide . there is nothing in the act to indicate such a narrow construction of the word superintendence . nothing was pointed out to us to put a narrow construction on this general power of superintendence conferred under the act on the state government and there is no justification for ..... under:5. extension of powers and jurisdiction of special police establishment to other areas. (1) the central government may by order extend to any area (including railway areas) in a state, not being a union territory, the powers and jurisdiction of members of the delhi special police establishment for the investigation of any offences .....
Tag this Judgment!Court : Karnataka
..... cases, could not be directed by the state government in exercise of its executive administrative function to take over investigation of a cognisable offence registered at railway police station because when he was directed to take over the investigation it would mean that he was employed as a police officer in that police station ..... the police alone is 128 authorised to decide . there is nothing in the act to indicate such a narrow construction of the word superintendence . nothing was pointed out to us to put a narrow construction on this general power of superintendence conferred under the act on the state government and there is no justification for ..... under:5. extension of powers and jurisdiction of special police establishment to other areas. (1) the central government may by order extend to any area (including railway areas) in a state, not being a union territory, the powers and jurisdiction of members of the delhi special police establishment for the investigation of any offences .....
Tag this Judgment!Court : Karnataka
..... cases, could not be directed by the state government in exercise of its executive administrative function to take over investigation of a cognisable offence registered at railway police station because when he was directed to take over the investigation it would mean that he was employed as a police officer in that police station ..... the police alone is 128 authorised to decide . there is nothing in the act to indicate such a narrow construction of the word superintendence . nothing was pointed out to us to put a narrow construction on this general power of superintendence conferred under the act on the state government and there is no justification for ..... under:5. extension of powers and jurisdiction of special police establishment to other areas. (1) the central government may by order extend to any area (including railway areas) in a state, not being a union territory, the powers and jurisdiction of members of the delhi special police establishment for the investigation of any offences .....
Tag this Judgment!Court : Karnataka
..... ". 66 issacs, j.observed as follows:- "there can be no question that the commonwealth navigation act, by its own direct provisions and the regulations made under its authority, applies upon construction to the circumstances of the case. it is inconsistent with the state act in various ways, including (1) general supersession of the regulations of conduct, and so displacing the state ..... ) 14 1 industrial corridors set up by the state government and its undertaking (in which case the land shall be acquired up to such distance on both sides of designated railway lines or roads and as specified by the state government for specific projects from time to time and notified as such in state gazette); and (e) infrastructure projects, including projects .....
Tag this Judgment!Court : Supreme Court of India
..... cannot be confined only to the subordinate judiciary, totally discarding the higher judiciary. if such a narrow and pedantic or syllogistic approach is made and a constricted construction is given, it would lead to an anomalous position that the constitution does not emphasise the separation of higher judiciary from the executive20. article 50, occurring ..... statute is an edict of the legislature. the language employed in a statute is the determinative factor of legislative intent. the first and primary rule of construction is that the intention of the legislation must be found in the words used by the legislature itself. the question is not what may be supposed and ..... 44 benches of the debt recovery tribunal (drt) and sole debt recovery appellate tribunal (drat), 11 benches have vacancies.57 as of april 2020, the railway claims tribunal had 25,571 pending cases.5844. the sheer volume of pendency is an indicator of the substantial judicial functions carried out by tribunals, necessitating that .....
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