Court : Supreme Court of India
..... applied in resolving a conflict between two different acts and two provisions in the constitution added by two different constitution amendment acts. and in the construction of statutory rules and statutory orders. but the principle, that a special provision on a matter excludes the application of a general provision on ..... of shopping centers, cultural centers, administrative centers; (iv) acquisition and development of areas for commercial and industrial purposes; (v) undertaking of such building or construction work as may be necessary to provide housing, shopping, commercial or other facilities; (vi) acquisition of land and its development for the purpose of laying ..... of the road was 54 mtrs. the appellants main submission was that they had obtained the permission from the municipal corporation so as to raise construction. for acquisition of the land, the provisions contained in the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 .....
Tag this Judgment!Court : Delhi
..... is a manifest error in the exercise of such power or the exercise of the power is manifestly arbitrary. [reference: (2003) 4 scc579(para 13), indian railway construction company limited v. ajay kumar and; (1988) 4 scc59 state of up v. renu sagar power co.].392. we usefully notice the principles on which ..... iii can legislative history; social context; writings of experts/ authors; reports of commissions/committees preceding the enactment be utilized by the court as permissible external aids to construction of legislation?. (paras 211 222) iv is the assent of the president justiciable?. scope and extent of the permissible enquiry by the court (paras 223 371) ..... or committee which preceded the enactment of the statute are held legitimate external aids to construction. the modern approach has to a considerable extent eroded the exclusionary rule even in england. a constitution bench of this court after specifically referring to assam railways and trading co. ltd. v. i.r.c. in state of mysore v .....
Tag this Judgment!Court : Delhi
..... is a manifest error in the exercise of such power or the exercise of the power is manifestly arbitrary. [reference: (2003) 4 scc579(para 13), indian railway construction company limited v. ajay kumar and; (1988) 4 scc59 state of up v. renu sagar power co.].392. we usefully notice the principles on which ..... iii can legislative history; social context; writings of experts/ authors; reports of commissions/committees preceding the enactment be utilized by the court as permissible external aids to construction of legislation?. (paras 211 222) iv is the assent of the president justiciable?. scope and extent of the permissible enquiry by the court (paras 223 371) ..... or committee which preceded the enactment of the statute are held legitimate external aids to construction. the modern approach has to a considerable extent eroded the exclusionary rule even in england. a constitution bench of this court after specifically referring to assam railways and trading co. ltd. v. i.r.c. in state of mysore v .....
Tag this Judgment!Court : Supreme Court of India
..... attorney general for india, in response to a request for assistance, submitted that reports of parliamentary standing committees are at best an external aid to construction, to determine the surrounding circumstances or historical facts for understanding the mischief sought to be remedied by legislation. the union government urged that reports of ..... of the standing committee of the parliament. learned counsel for the petitioners have given reference to several cases in this regard namely, catering cleaners of southern railway vs. union of india & anr., (1987) 1 scc 700 where the court has taken into consideration report of a standing committee of petitions. ..... and regularizing the services of the catering cleaners. the committee had, inter alia, recommended that the government should consider direct employment of catering cleaners by the railway administration to avoid their exploitation. 96 (1987) 1 scc700107 129. in state of maharashtra v. milind and others 97 , the issue was whether the .....
Tag this Judgment!Court : Supreme Court of India
..... of mysore & ors. case (supra), dr. singhvi submitted that religion, in this formulation, is a much wider concept, and includes: ceremonial law relating to the construction of temples; installation of idols therein; place of consecration of the principle deity; where the other devatas are to be installed; conduct of worship of the deities; ..... untouchables in the act is intended to be, it can only refer to those regarded as untouchables in the course of historical development. a literal construction of the term would include persons who are treated as untouchables either temporarily or otherwise for various reasons, such as their suffering from an epidemic or ..... recreation or amusement, like theatres and cinema-houses or concert-halls; public parks, gardens or museums; roads, wells, tanks or canals; bridges, posts and telegraphs, railways, tramways and bus services; and the like. 24 (emphasis supplied) the vice-president took up amendment no.296 for vote, which was moved for addition to sub .....
Tag this Judgment!Court : Karnataka
..... scheduled tribes made with regard to subject-matter other than admission in educational institutions. in moosa v. state of kerala [air1960kerala 355.]. , an order acquiring land for constructing a colony for harijans was held valid under article 15(4) of the constitution. similarly the case of pavadai gounder v. state of madras [air1973sc458]. , was also ..... and politically polemical in a climate of communalism and jobbery. {ibid at page 369} this court has set out this latter understanding in several cases including abs sangh (railways) v union of india {(1981) 1 scc246.114. ultimately, a bench of nine judges of this court in indra sawhney recognized that article 16 (4) is ..... (sc) 2019(5) 66 (item f) relating to substantive versus formal equality {paragraphs 106 to 110} american cases fullilove {1980(65) law ed 2d902 38 3. metro broadcasting {1990(111) law ed445 with regard to can it be said that they do not involve any discrimination ?. they do. it is another matter that such discrimination .....
Tag this Judgment!Court : Supreme Court of India
..... words denoting a number of persons or things, does not appear to have fallen for judicial construction, in our courts or in england the phrase any of the present directors had to be interpreted in an old english case, isle of wight railway co. v. tahourdin [25 chancery division 320]. . a number of shareholders required the ..... as statutes are meant to be operative and not inept. the courts must refrain from declaring a statute to be unworkable. the rules of interpretation require that construction which carries forward the objectives of the statute, protects interest of the parties and keeps the remedy alive, should be preferred looking into the text and context ..... agency either in whole or in part is beyond the permissible limits of delegation. it is for a court to hold on a fair, generous and liberal construction of an impugned statute whether the legislature exceeded such limits. [emphasis supplied].186. it has been held that the essential legislative function is the determination of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... limits on n.h.7 and the entire land surrounding the checkpost office belongs to the state government, railway administration as well as to the indian medical research centre. it is alleged that the 1st respondent has constructed and running a hotel/dhaba in the name and style of m/s.shiva bar and restaurant, without ..... limits on n.h.7 and the entire land surrounding the checkpost office belongs to the state government, railway administration as well as to the indian medical research centre. it is alleged that the 1st respondent has constructed and running a hotel/dhaba in the name and style of m/s.shiva bar and restaurant, without ..... of 2022 and connected matters to receive compensation; in other words, demarcating/earmarking the subject lands for road widening would have the limited/restricted effect of preventing construction activity and would neither affect the right, title, interest or possession of the writ petitioners over the said lands nor their right to receive compensation upon .....
Tag this Judgment!Court : Kolkata
..... edn. 1993 page 103): g.p. singh, in his principles of statutory interpretation (13th edn. 212) says: contemporary official statements throwing light on the construction of a statute and statutory instruments made under it have been used as contemporanea exposition to interpret not only ancient but even recent statutes both in england and india. ..... and void. it is the settled law that while interpreting the provisions of an act, the statement of objects and reasons should be considered for harmonious construction and understanding of the different provisions of the enactment. the express purpose was, to return the land to unwilling farmers. such intention was reiterated and ..... foras act. between 1864 to 1867, the lands were acquired under l.a. act of 1857 for the purpose of railway. since the lands were no longer required for the purpose of railway, the government sold them to the writ petitioner. the petitioner conveyed the lands to trust and the respondent and others were .....
Tag this Judgment!Court : Supreme Court of India
..... original act, shall not be considered as intended to effect the more particular or positive previous provisions, unless it is absolutely necessary to give the latter act such a construction, in order that its words shall have any meaning at all. for implying a repeal the next thing to be considered is whether the two statutes relate to the ..... be rebutted if the provisions of the new act are so inconsistent with the old ones that the two cannot stand together. as has been observed by crawford on statutory construction, p. 631, para 311: there must be what is often called such a positive repugnancy between the two provisions of the old and the 84 new statutes that they ..... by the learned counsel for the writ petitioners that in fact the division bench of the allahabad high court wide its order dated 04.03.2008 in m/s. nagarjuna construction ltd. has 48 already expressed its disagreement with the division bench judgment in kumar stone works and others v. state of u.p. and others, 2005 (3) awc .....
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