Court : Rajasthan Jodhpur
..... interpretation. the true position as stated by the author is: the maxim delegatus non potest delegare does not enunciate a rule that knows no exception; it is a rule of construction to the effect that a discretion conferred by statute is prima facie intended to be exercised by the authority on which the statute has conferred it and by no other .....
Tag this Judgment!Court : Karnataka
..... section 64 and directed the company to stop further construction. the company challenged the notice and succeeded in persuading respondent 1 to pass an ex parte interim order. the application made by the company ..... case, the appellant had entertained the complaint made by local residents, revoked occupancy certificate and also cancelled the permission granted to the company for raising construction. the resolution cancelling the permission 28 was recalled apparently because the rules of natural justice had not been followed. thereafter, the sarpanch issued notice under ..... sarpanch is not only entrusted with the duty to implement the programme of welfare 26 schemes and other development works, but also stop any unauthorised construction erected in the panchayat area. section 66 which regulates erection of buildings within the panchayat area empowers it and/or the sarpanch to take action .....
Tag this Judgment!Court : Karnataka
..... section 64 and directed the company to stop further construction. the company challenged the notice and succeeded in persuading respondent 1 to pass an ex parte interim order. the application made by the company ..... case, the appellant had entertained the complaint made by local residents, revoked occupancy certificate and also cancelled the permission granted to the company for raising construction. the resolution cancelling the permission 28 was recalled apparently because the rules of natural justice had not been followed. thereafter, the sarpanch issued notice under ..... sarpanch is not only entrusted with the duty to implement the programme of welfare 26 schemes and other development works, but also stop any unauthorised construction erected in the panchayat area. section 66 which regulates erection of buildings within the panchayat area empowers it and/or the sarpanch to take action .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2006)ACC135; [2005(4)JCR325(Jhr)]
..... minimum driving experience of not less than five years;(iv) thorough knowledge of the act and the rules made thereunder especially the chapter relating to registration of motor vehicles and construction equipment and maintenance of motor vehicles;(b) the premises where the authorised testing station is to be housed is either owned by the applicant or is taken on lease by .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
..... was started. why? is it the way the managing committee intends to serve the worshipping public? there was lot of mismanagement in the matter of construction. the new construction will be non-productive. no prior sanction of the devaswom commissioner was obtained, though the work involves more than rs. 2 lakhs. the commissioner has ..... training archakas. the keezhedam temples must have a watchman during day time as well as night. the temple tank at kaveedu should be maintained properly. the construction of the katyana mandapam at thalakkottukara siva temple should be undertaken and the project completed without delay. there are lot of complaints and irregularities regarding 'udayasthamana ..... nambiar, amicus curiae, highlighted the fact that the guruvayur devaswom is every day growing and it is already a big empire. with the extension of the railways, it is bound to attract more crowd from all over. the expansion has already taken many dimensions and was not in the mind of the authorities who .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (2007)288ITR226(Hyd.)
..... such interpretation would affect the very purpose of chapter xiv b. the crucial omission in the charging sections and ambiguity makes the object of harmonisation, liberal construction, unattainable. on the other hand, we hold that the plain intention of the legislature was never to levy surcharge on undisclosed income of a block ..... retrospective application, as amendment affects substantive right. it was also held that substituted legislation cannot be said to have retrospective operation as golden rule of construction applies even to a substituted legislation and a substituted legislation cannot be held to be retrospective in the absence of any thing in the enactment ..... contemporaneous exposition" cannot be applied to ongoing statutes and the understanding of the chief commissioners of income-tax cannot be looked at as an aid for construction of the statutes. thus, the suggestions of the national conference of chief commissioners of income-tax are not relevant in this context.8.17 reference .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... as applicable to the area concerned, deals with the building regulations and includes section 260 of the act. these provisions are to regulate the building construction for the safety, health and well-being of the inhabitants of the particular municipality or corporation. therefore the provisions should be read broadly which will ..... to the matters listed in the twelfth schedule.'the twelfth schedule reads as under:-1. urban planning including town planning. 2. regulation of land-use and construction of buildings. 3. planning for economic and social development. 4. roads and bridges. 5. water supply for domestic, industrial and commercial purposes. 6. public ..... allottees of the shops to exercise judicial discretion in moulding the relief such a discretion cannot be exercised which encourages illegality or perpetuates an illegality. unauthorised construction, if it is illegal and cannot be compounded, has to be demolished. there is no way out, judicial discretion cannot be guided by expediency .....
Tag this Judgment!Court : Delhi
..... building and factories, civil infrastructure, metallurgical & material handling, power transmission and distribution, hydrocarbon engineering, valves, alloys, power development, infotech, finance, construction and mining machinery etc.58. the complaint on which the summoning order was passed itself describes mr. a.m. naik, petitioner in crl.m. ..... be prescribed.44. responsibility of employers.- an employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment as to ensure compliance with the provisions of this act relating to safety and for taking all practical steps necessary ..... 28), wages for overtime work (section 29), maintenance of registers and records (section 30), prohibition of employment of certain persons in certain building or other construction work (section 31), drinking water (section 32), latrines and urinals (section 33), accommodation (section 34), creches (section 35), first-aid (section 36), .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)IILLJ667Bom
..... result in an encroachment on the legislature. the court takes a middle ground and while preferring in the first instance the application of the canon of literal construction, does, where necessary, resort to other established principles and rules aimed at furthering the ascertainment of the true intention and meaning of the law-maker. one ..... has ruled that these categories of workmen should not have the right to claim lay-off compensation. i find strong and obvious reasons for preferring this construction because the very nature of the work of those employed in industrial establishments which are of a seasonal character or in which work is performed only intermittently ..... mean that a large number of industrial establishments which do not satisfy the requirements of s. 25a would be left out and he gave as instances, the railways, the port trust and so on. he says that the legislature could not have intended to discriminate against the employees employed in other undertakings even though they .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC751; 1961CriLJ773; (1970)ILLJ670SC; [1961]2SCR679
..... that all statutory rules vis-a-vis the disciplinary proceedings taken against a government servant are administrative directions, and the other applies the well settled rules of construction and holds thaw the appropriate authority is bound to comply with the mandatory provisions of the rules in making an inquiry under a particular statute. a close ..... regard, inter alia, to conditions of service without impinging upon the overriding power recognized under art. 310. 18. learned counsel for the respondent contends that this construction is inconsistent with that prevailing in the english law and that the intention of the framers of the constitution could not have been to make a radical departure ..... the validity of the act done in disregard of them.' 41. this passage was accepted by the judicial committee of the privy council in the case of montreal street railway company v. normandin l.r. [1917] a.c.170 and by this court in state of u.p. v. manbodhan lal srivastava : (1958)iillj273sc 42. .....
Tag this Judgment!