Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Sorted by: old Court: supreme court of india Page 1 of about 582 results (0.143 seconds)

Rajinder Kishan Gupta and anr. Vs. Union of India and ors.

Court : Supreme Court of India

..... was challenged before the high court which ended in dismissal. as raised before the high court, it was contended before us that in view of the metro railways (construction of works) act, 1978, the respondents are not permitted to invoke urgency provision under the land acquisition act which deprived the appellants from participating in the ..... goel for dda.5) main contentions:i) when the acquisition of the land is for dmrc and when there is a specific act, namely, the metro railways (construction of works) act, 1978 whether the authorities are justified in invoking the urgency provision in the land acquisition act by dispensing enquiry under section 5a of the ..... enquiry under section 5a. the metro railways act (no. 33 of 1978) was enacted by the parliament to provide for the construction of works relating to metro railways in the metropolitan cities. chapter iii of the said act deals with `acquisition'. it is not .....

N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency and ors.

Court : Supreme Court of India

Reported in : AIR1952SC64; (1952)IMLJ775(SC); [1952]1SCR218

..... something which has happened before a candidate is declared elected is not the same thing as questioning an election, and the arguments advanced on his behalf in support of this construction were these :- (1) that the word 'election' as used in article 329(b) means what it normally and etymologically means, namely, the result of polling or ..... 15. i think that a brief examination of the scheme of part xv of the constitution and the representation of the people act, 1951, will show that the construction i have suggested is the correct one. broadly speaking, before an election machinery can be brought into operation there are three requisites which requires to be attended to, ..... personally and by his agents. thereupon, he applied for special leave to appeal to her majesty in council but it was refused on the ground that the fair construction of the act of 1875 and the act of 1872 which preceded it providing among, other things that the judgment of the superior court' shall not be susceptible .....

K.M. Nanavati Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1961SC112; (1961)63BOMLR221; 1961CriLJ173; [1961]1SCR497

..... portion of it which is termed reprieveor stay of execution or suspension and respite of sentence which differs fromsuspension of sentences only in terminology. the construction suggested wouldbe illogical because the plenitude if the language would remain unaffectedbefore the petition for leave to appeal is filed and after the decision of ..... contemplate that two authorities, i.e.,executive and judicial should operate in the same field and that it isnecessary that this court should put a harmonious construction on them. article142 of the constitution, it was contended, is couched in language of the widestamplitude and comprises powers of suspension of sentences etc. ..... 142 and the executive power under art. 161 can withincertain narrow limits be exercised in the same field. the question thatimmediately arises is one of harmonious construction of two provisions of theconstitution, as one is not made subject to the other by specific words in theconstitution itself. as already pointed out, art. .....

The State of Uttar Pradesh and ors. Vs. Babu Ram Upadhya

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. .....

State of Gujarat and anr. Vs. Acharya Shri Devendraprasadji Pande

Court : Supreme Court of India

Reported in : AIR1969SC373; 1969CriLJ649; 1969MhLJ45(SC); [1969]1SCR456

..... cost of which was more than rs. 2 lacs. on plot no. 98-a shops were being built in four blocks. construction was also being made on another plot no. 98-a-2 opposite the railway crossing. on may 30, 1962 the charity commissioner instituted a complaint in the court of the city magistrate at ahmedabad giving most of ..... these facts and stating inter alia that under the provisions of the act a trustee who desired to invest trust funds in construction of buildings was bound to obtain ..... government pleader before the high court, was that in the letter dated march 22, 1962, the charity commissioner had called for a 'statement' or 'report' regarding certain construction work which was being carried on by the respondent in his capacity as a trustee and since the same had not been complied with the respondent had been rightly convicted .....

State of Uttar Pradesh Vs. Batuk Deo Pati Tripathi and anr.

Court : Supreme Court of India

Reported in : 1978CriLJ839; 1978LabIC839; (1978)2SCC102; [1978]3SCR131; 1978(10)LC237(SC)

..... consider every one of those matters, the exercise of control instead of becoming effective will tend to cause delay and confusion in the administration of justice in the state. a construction which will frustrate the very object of the salient provisions contained in article 235 ought, as far as possible, to be avoided. the control vested in the high courts by ..... statutory interpretation. the true position as stated by the author is :the maxim delegatus non-potest delegere does not enunciate a rule 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 .....

Housing Board of Haryana Vs. Haryana Housing Board Employees Union and ...

Court : Supreme Court of India

Reported in : AIR1996SC434; JT1995(8)SC37; (1996)ILLJ833SC; 1995(6)SCALE139; (1996)1SCC95; [1995]Supp4SCR533

..... state government.22. the matters which may be provided for in a housing scheme are indicated in section 21 which include laying or re-laying of the land construction and re-construction of buildings, construction and alteration of streets and back lanes, drainage, water supply and lighting of the area included in the scheme, parks, playing fields sanitary arrangements etc.23. the accounts ..... samitis etc. represent the units of local self government where people of a local area govern themselves through their elected representatives in respect of a large number of matters including construction of buildings, roads, parks, lighting of streets, sewerage, conservancy and water works etc. these local self governments, namely, the municipal boards and the district board etc. are constituted under statutory .....

Secretary, Department of Excise and Commercial Taxes and ors. Vs. Sun ...

Court : Supreme Court of India

Reported in : (SCSuppl)2004(3)CHN91; JT2004(2)SC570; 2004(2)SCALE435; (2004)3SCC185

..... of the general conditions also refers to a temporary or permanent closure, as has been authorised by the collector and, thus, the same having regard to the principles of purposive construction would include an order passed by a magistrate in terms of sub-section (2) of section 24. in that view of the matter, if a magistrate is not available when .....

Mahalakshmi Sugar Mills Co. Ltd. and anr. Vs. Union of India (Uoi) and ...

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, .....

State of Andhra Pradesh and ors. Vs. Larsen and Tourbo Ltd. and ors.

Court : Supreme Court of India

Reported in : 2008(5)ALD85; 106(2008)CLT919(SC); JT2008(9)SC463; 2008(12)SCALE77; (2008)9SCC191; (2009)11VatReporter160; (2008)17VST1(SC); 2008AIRSCW6358

..... execution of works contract;(45) 'works contract' includes any agreement for carrying out for cash or for deferred payment or for any other valuable consideration, the building construction, manufacture, processing, fabrication, erection, installation, laying, fitting out, improvement, modification, repair or commissioning of any movable or immovable property;chapter - iiiincidence, levy and ..... [***] of the total consideration received or receivable for any specific contract subject to such conditions as may be prescribed; (d) any dealer engaged in construction and selling of residential apartments, houses, buildings or commercial complexes may opt to pay tax by way of composition at the rate of 4%of ..... of service or work rendered. that is why it is called composite contract. works contracts can be of two types only:(a) works contracts for constructions; and (b) works contract in relation to any movable property like repairs to vehicles, printing contracts etc.13. in the first case of the .....