Court : Karnataka
Reported in : ILR1993KAR2605; 1994(3)KarLJ378
..... be held that the decision on the first point as rendered by the gujarat high court also received implied approval of the supreme court. even that apart, on the construction of section 4(1), according to us, no other view is possible and we, respectfully concur with the view expressed by the gujarat high court on this aspect.23 ..... that the issues must have been decided by this court at least by implication. it is not correct or safe to extend the principle of res judicata or constructive res judicata to such an extent so as to found it on mere guess work.'we may also in this connection refer to a decision of the supreme court ..... leave petition. a writ proceeding is a wholly different and distinct proceeding. questions which can be said to have been decided by this court expressly, implicitly or even constructively while dismissing the special leave petition cannot, of course, be reopened in a subsequent writ proceeding before the high court. but neither on the principle of res judicata .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALT673; [2001]106CompCas338(AP); (2001)3CompLJ379(AP)
..... following the literal meaning of the enactment where that meaning is in accordance with the legislative purpose (in the code called a purposive-and-literal construction), (b) applying a strained meaning where the literal meaning is not in accordance with the legislative purpose (in the code called a purposive-and-strained ..... construction). 32. it is further a well settled principle of law that when an order is passed by one court, the doctrine of amity or comity of ..... of both the statutes. for the aforementioned purpose, recourse to the rule of purposive construction may be necessary. in francis bennion statutory interpretation, second edition, as regards the rule of 'purposive construction', it has been stated at section 304 as under : a purposive construction of an enactment is one which gives effect to the legislative purpose by- (a) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP155; 2005(1)ALD325
..... held that the non-obstante clause of section 11 makes it dear that the provisions on the environment (protection) act do not bind the construction or maintenance of railway line. irrespective of that objection the court took into consideration an aspect that it was not open to frustrate the project of public importance to ..... otherwise of the proposed site within a maximum period of thirty days. the site clearance is valid for a period of five years for commencement of the construction. at this stage, the communication from the additional director, ministry of environment and forests addressed to the central government's standing counsel becomes relevant and ..... with dam access so as to assess the soil parameters for finalization of detailed designs for the foundation of the dam. it was urged that the construction of pulichintala project will involve investigation work for assessing the soil parameters for the purpose of preparation and finalization of designs, drawings, etc., which form .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD99; 2003(2)ALT707; 2003CriLJ1360
..... is suitable for the purpose for which it shall be used. iii. in such area conveyance are sufficient and if such area is situated in any building, tent or other construction house or room, the precautionary measures against fire and sources of air are sufficient and suitable. 41, in exercise of the powers conferred by clause (gg) of sub-section (1 ..... purpose for which it is required to be used and (3) whether in such area conveyance are sufficient and if such area is situated in any building, tent or other construction, house or room, the precautionary measures against fire and sources of air are sufficient and suitable. under rule 129 a place or public amusement shall not be kept open after .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD565; 2007(2)ALT679
..... private limited, hyderabad(2) m/s. lvrcl infrastructure constructions, hyderabad.(viii) in the meanwhile, vide its letter dated 16-7-2003, respondent no. 4 informed vuda that developing a small parcel of ..... technical committee short-listed two of the four firms, namely, m/s. ambience properties (india) private limited, hyderabad and m/s. lvrcl infrastructure constructions, hyderabad and opined that both the firms can be allotted projects in the following order of priority:(1) m/s. ambience properties (india) ..... pvt., limited, mumbai, ambience properties limited, secunderabad (respondent no. 4), larsen & toubro limited, hyderabad, evan lim & co. pvt. limited, singapore, svec constructions limited, hyderabad, maytas infra private limited, hyderabad, ivrcl infrastructures and projects limited, hyderabad, cesma international private limited, singapore and lanco, hyderabad, expressed their willingness to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD1; 2003(1)ALT636
..... general, acb shall also make use of all the records and investigation of this institution and also the records relating to the allegations pertaining the construction work which are available with the regional vigilance and enforcement officer, kurnool and take all the files and records collected from the executive officer srisailam ..... general, acb shall also make use of all the records and investigation of this institution and also the records relating to the allegations pertaining to the construction work which are available with the regional vigilance and enforcement officer, kurnool and take all the files and records collected from the executive officer, srisailam ..... of a complaint and cause investigation to be made in detail in respect of the allegations while collecting relevant records relating to the allegations pertaining to construction work which has already been enquired into by the regional vigilance and enforcement officer, kurnool;(c) on an earlier occasion, at the instance of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All75
..... may have access to her majesty's royal person whenever occasion shall require; and that all their proceedings may receive from her majesty the most favourable construction.'the lord chancellor then replies to the speaker'spetition :'her majesty most readily confirms all the rights and privileges which have ever been granted to or conferred ..... concerned merely a matter of procedure or conduct of business in ,a house, which matter could be regulated by rules. it is a settled principle of construction of a statute that the legislature is presumed to know the interpretation put on it by judicial decisions. when a provision in a statute has received a ..... and the legislature re-enacts that very provision in spite of that, interpretation, such reenactment is legislative recognition of the construction placed upon it by courts. the principle underlying this rule of construction has only to be re-stated in different words when the interpretartion of the previous statute was not by judicial decisions .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker93
..... all courts that section 10 of the divorce act specifically sets forth the grounds on which the marriage can be dissolved and no additional grounds can be included by judicial construction of similar provisions in other ennclments unless the section plainly comprehends such grounds. no declaration as prayed for declaring the provision partly unconstitutional and to retain the rest as valid .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
..... law deprived a person of possession of his property for an indefinite period of time merely on the subjective determination of an executive officer, such a law could, on no construction of the word 'reasonable' be described as coming within that expression, because it completely negatived the fundamental right by making its enjoyment depend on the mere pleasure and discretion of ..... act by way of sections 59-c and 59-o.8. before we proceed to deal with this contention, we think it necessary to bear in mind certain rules or construction which are now well settled while dealing with entries in the lists of the seventh schedule to the constitution. the first of such rules is that such entries are not .....
Tag this Judgment!Court : Mumbai
Reported in : 1986MhLJ882
..... was the reason for issuing the notification exempting from the operation of he provisons of chapter iii of rent control order, 1949 the non-residential houses constructed prior to 1st jaunary 1967 but the provisions of chapter-iicontinued to apply tosuch houses in order to afford protection to the displaced person who were alloted ..... null and void being unconstitutional as violating article 14 of the constitution. it is urged that theexemption which was though necessary for giving a spurt to the construction activity intitially by granting the exemption has become discriminatory by lapse of time. the challenge is alsotothe continuance of the act of 1946 and the rent ..... to enact a uniform rent control legislation throughout the state of maharashtra and striking down the notification dated october 24, 1968 whereby house used the nonresidential purposes constructed on a site lying vacact on the 1st day of janauary, 1967, or on a site made vacate after that date by demolition of any structure .....
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