Court : Supreme Court of India
Reported in : AIR1995SC234; JT1994(6)SC567; 1994(4)SCALE559; (1995)1SCC295; [1994]Supp4SCR432
ORDERP.B. Sawant, J. 1. The respondent is a public limited company and owned a total land of 49 acres and 38.25 guntas in Davanagere village. At the relevant lime, it had its factory in an area of 13 acres and 32.25 guntas which was converted into non-agricultural and under Section 95(2) of the Karnataka Land Revenue Act (hereinafter referred to as the 'Revenue Act'). The remaining land, viz., 36 acres and 6.5 guntas was not converted into non-agricultural land (hereinafter referred to as the 'disputed land') with the result that for the purposes of the Revenue Act, it continued to be considered as agricultural land.Improvement Board, Davanagere, sought to acquire land to the extent of 28 acres and 14 guntas from the disputed land for the purpose of 'Devraj Urs Lay-out'. The acquisition proceedings were started under the provisions of Karnataka Improvement Boards Act, 1976. In pursuance of the final notification issued in the year 1977, the possession of the land was taken by the Impro...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC905; JT2001(2)SC114; (2001)2MLJ45(SC); 2001(1)SCALE471; (2001)3SCC290; [2001]1SCR527
..... it is accepted by the appointing authority, no meaning and effect can be given to the proviso to sub-rule (2) to rule 48-a. it is cardinal rule of construction that no word or provision should be considered redundant or superfluous in interpreting the provisions of a statute or a rule.the high court looking to the letters dated 29 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1723; 1999(3)ALLMR(SC)643; JT1999(3)SC242; 1999(3)SCALE12; (1999)4SCC526; [1999]2SCR857; 1999(2)LC1064(SC)
..... of a lacuna in the latter enactment which could easily have provided for such a contingency, and it cannot be pressed as an argument against the respondent's construction of the constitutional provisions. on the other hand, the attorney-general's contention might, if accepted, lead to conflicting decisions by the governor dealing with a ..... can equally be applied to a pre-existing disqualification as a member can be supposed to vacate his seat the moment he is elected is a strained and farfetched construction and cannot be accepted. the attorney-general admitted that if the word 'is' were substituted for 'becomes' or 'has become', it would more appropriately convey ..... in the high court under article 226 of the constitution one of the submissions made by the election commission was that article 192 was, on its true construction, applicable to cases of disqualification which arose both before and after the election and that the reference of the question as to respondent's disqualification to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1
..... this binding character attaches to the circulars 'even if they be found not in accordance with the correct interpretation of sub-section (2) and they depart or deviate from such construction.'42. navnit lal c. javeri v. k.k. sen , : [1965]56itr198(sc) and ellerman lines ltd. v. cit , : [1971]82itr913(sc) clearly establish the ..... tax in respect of any particular head of income, it cannot be contended that the taxable entity is not liable to taxation. they urge that upon a proper construction of the provisions of mauritian income tax act it is clear that the fills incorporated under mauritius laws are liable to taxation; therefore, they are 'residents' in ..... actual legal rights and obligations (if any) which the parties intend to create. one thing i think, however, is clear in legal principle, morality and the authorities (see yorkshire railway wagon contracting state. v. macsure (1882) 21 ch.d.309 ; stone leigh finance, ltd. v. phillips (1965) 1 all er 513) that for acts or documents .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008AIRSCW8078; AIR2009SC792; JT2008(6)SC177; 2008(6)SCALE275; 2008(1)LC611(SC)
..... a price is required to be carried out keeping in view certain factors specified therein. the term 'having regard to' plays an important role in the matter of construction of the relevant provisions of the act. if a price is determined without applying the principles underlying the factors enunciated in section 3(3c) of the act, the ..... anr. v. union of india and ors. : [1990]1scr909 ]; kuldip chand and anr. v. advocate-general to government of hp and ors. (1990) 4 scc 356; delhi farming & construction (p) ltd. v. commissioner of income tax, delhi : [2003]260itr561(sc) , para 26]. 49. section 3(3c) of the act specifies four factors. the statutory protected price, as ..... (b) and (d) of section 3(3c) were, therefore, clearly held to be attracted by the constitution bench also.64. the importance of applying the rule of purposive construction has recently been noticed by this court in new india assurance co. ltd. v. nusli neville wadia : air2008sc876 in the following liness: 48. section 5 of the act, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)
..... rights. both are in fact equally fundamental and the courts have therefore in recent times, tried to harmonise them by importing the directive principles in the construction of the fundamental rights. it has been laid down in recent decisions of this court that for the purpose of determining the reasonableness of the restriction imposed ..... the court may not entirely ignore these directive principles of state policy laid down in part iv of the constitution but should adopt the principle of harmonious construction and should attempt to give effect to both as much as possible.' but even this observation seemed to give greater importance to fundamental rights as against ..... the second proclamation of emergency was validly issued by the president. the respondents sought to answer this contention of the petitioners by saying that on a proper construction of the language of section 2, it was not a condition precedent to the operation of the house of people (extension of duration) act, 1976 that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3180; 2007(4)AWC3851(SC); 2008(1)BomCR454; 2007(10)SCALE391; (2007)7SCC555; 2007AIRSCW5782
..... , unless it is clear that such was the intention of the legislature. it is also settled that where the language of the legislature admits of two constructions and if construction in one way would lead to obvious injustice, the courts act upon the view that such a result could not have been intended, unless the intention ..... the area of land surrendered free of cost and free from all encumbrances, and also further additional floor space index or transferable development rights against the development or construction of the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or(c) by making an application ..... expression of that rule would undoubtedly amount to an exception of the subject matter of the rule out of the general act: see also london, chatham and dover railway v. wandsworth board of works 8 c.p. 185.(emphasis supplied)19. as we understand this decision, their lordships have indicated that in the absence of anything .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1353; (1988)2CompLJ91(SC); JT1988(2)SC227; 1988(1)SCALE817; (1988)2SCC587; [1988]3SCR738; 1988(2)LC77(SC)
..... (2) and (2a), and the context does not warrant the interpretation that the protection is not to be available against acquisition of state property. any other construction would mean that properties of municipalities or other local authorities-which would admittedly fall within the definition of state in part iii either cannot be acquired at all or ..... be meaningfully read if all the assets including the shares were considered to be taken over by the acquisition. that was the only irresistible conclusion that followed from the construction of the documents and the history of the act. the act in question was passed to ensure the principles enunciated in clauses (b) and (c) of ..... meaningfully read if all the assets including the shares are considered to be taken over by the acquisition. that is the only irresistible conclusion that follows from the construction of the documents and the history of this act. we have to bear in mind the preamble of the act which expressly recites that it was to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807
..... interpreting the constitution and when the court is called upon to interpret the constitution, it must not be construed in any narrow or pedantic sense and adopt such construction which must be beneficial to the amplitude of legislative powers. the broad and liberal spirit should inspire those whose duty is to interpret the constitution to find whether the impugned ..... there is any difficulty in ascertaining the limits of the legislative power, the difficulty must be resolved, as far as possible in favour of the legislature putting the most liberal construction upon the legislative entry so that it may have the widest amplitude. burden is on the appellants to prove affirmatively of its invalidity. it must be remembered that we are .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)
..... petitioner, we find that the calculation filed by the petitioner were not supportable.61. contemporanea expositio, is a well-settled principle of doctrine which applies only to the construction of ambiguous language in old statutes. reliance may be placed in this connection on maxwell 13th ed. page 269. it is not applicable to modern statutes. reference ..... the opinion that the documents sought for are not relevant for the purpose for which they were sought for. in this case we are concerned only with the construction of the statute to determine whether the shares vested in the government or not. as lord reid has said in black-clawson international ltd. v papierwerke waldhof ..... which were prepared for the submission to the cabinet and which related to the inner working of the government were not admissible and/or legitimate aids to the construction of statute and there-fore not relevant in deciding which assets of scm vested in the central government under sections 3 and 4 of the act. it .....
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