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 4 of about 582 results (0.147 seconds)

In Re: the Special Courts Bill, 1978

Court : Supreme Court of India

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

..... , will result in the virtual abrogation of the legislative power conferred on the parliament by article 246(1) and (2) of the constitution. such a construction which renders illusory or nugatory other important provisions of the constitution must be avoided, especially when it seeks its justification from a mere implication arising out of the ..... becomes a law. the court should not be driven to imagine a challenge and save it or slay it on hypothetical considerations. as observed in hamilton street railway company [1903] a.c. 524 speculative opinions on hypothetical questions are worthless and it is contrary to principle, inconvenient and inexedient that opinions should be given ..... dominion of canada v. attorneys general for the provinces of ontario, quebec and nova scotia [1898] a.c. 700. attorney general for ontario v. the hamilton street railway company and ors. [1903] a.c. 524. attorney general for the province of alberta v. attorney general for the dominion of canada [1915] a.c. 363. .....

Gestetner Duplicators Pvt. Ltd. Vs. Commissioner of Income Tax, West B ...

Court : Supreme Court of India

Reported in : AIR1979SC607; (1979)8CTR(SC)371; [1979(38)FLR315]; [1979]117ITR1(SC); (1979)2SCC354; [1979]2SCR788

..... in favour of the assessee and against the revenue.18. dealing next with the second question it seems to us clear that having regard to our view on the proper construction of the expression 'salary' occurring in rule 2(h) of part a of the fourth schedule to the act it must be held that the tribunal was right in ..... of his salary for a particular year, the question whether such proportion would be inclusive of commission received by him from his employer must depend upon the true meaning or construction of the expression 'salary' as occurring in rule 2(h) of part a of the fourth schedule; in other words, in the matter of deductions claimable in respect of ..... to the act as being exclusive of the commission of the nature and kind paid by the assessee to its salesmen. secondly, counsel contended that on a true and proper construction of the expression 'salary occurring in the said rule 2(h) the commission of the nature and type paid by the assessee to its salesmen under the terms of their .....

Sita Ram and ors. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1979SC745; 1979CriLJ659; (1979)2SCC656; [1979]2SCR1085

..... through the successful application of the proper remedies."(1) to go beyond and cut into the flesh of the right itself is ultra vires art. 145. likewise, harmonious construction of art. 134 and art. 145 also leads to the conclusion that the contemplated rules are mere machinery provisions, not manacles on the right handcuffing its exercise. going ..... two chapters as it were, the first and more important turning on the constitutional provisions vis-a-vis order xxi rule (l)(c) and the second turning on the construction and impact of s. 384, cr. p.c. taking up the constitutional aspects first, we may proceed to state, right away, the complex of provisions relevant to ..... heat than light and the text to be interpreted lends itself to one sense on the surface and another in the deeper layers. but when the consequences of the construction can be calamitous and the subject-matter involves the-right to life and long loss of liberty, a final court, like ours, must reflect on the meaning of .....

Rajendra Prasad Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

..... between capital and non-capital murders. it not only eliminated long-standing iniquities and rigidities in the law of murder such as the doctrine of "constructive malice", but also brought the law into accord with modern criminological thoughts by the importation of the doctrine of "diminished responsibility". by s. 7 ..... last quarter of the twentieth century, criminological developments finds their way into the process of statutory decoding. this is obviously permissible, even necessary. a progressive construction which up-dates the sense of statutory language has been adopted in weems v. united states(1) and commended by jurists. we may ask ourselves whether ..... to be compassionate. like wise, if others involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive (i.e. combining the "murder" provision with the "unlawful assembly" provisione again (if) the accused has acted suddenly under another's instigation, without .....

Group Life and Health Ins. Co. Vs. Royal Drug Co., Inc.

Court : US Supreme Court

..... it is well settled that exemptions from the antitrust laws are to be narrowly construed. e.g., abbott laboratories v. portland retail druggists assn., inc., 425 u. s. 1 ; connell construction co. v. plumbers & steamfitters, 421 u. s. 616 ; fmc v. seatrain lines, inc., 411 u. s. 726 ; united states v. mckesson & robbins, inc., 351 u. s. 305 . this doctrine is ..... court stated last term in st. paul fire & marine ins. co. v. barry, 438 u. s. 531 , 438 u. s. 541 , [ footnote 6 ] the starting point in a case involving construction of the mccarran-ferguson act, like the starting point in any case involving the meaning of a statute, is the language of the statute itself. see also blue chip stamps .....

Leo Sheep Co. Vs. United States

Court : US Supreme Court

..... a theory, the direct subsidy of a transcontinental railroad was constitutionally suspect -- an uneasiness aggravated by president andrew jackson's 1830 veto of a bill appropriating funds to construct a road from maysville to lexington within the state of kentucky. [ footnote 5 ] the response to this constitutional "gray" area, and source of political controversy, ..... union pacific act of 1862 granted public land to the union pacific railroad for each mile of track that it laid. [ footnote 6 ] land surrounding the railway right-of-way was divided into "checkerboard" blocks. odd-numbered lots were granted to the union pacific; even-numbered lots were reserved by the government. as ..... history of the people of the united states during lincoln's administration (1927); 2 a. nevins, ordeal of the union (1947); h. white, history of the union pacific railway (1895). [ footnote 2 ] 2 nevins, supra, n 1, at 82. [ footnote 3 ] that exhortation came from some of the great visionaries of the 19th century .....

Chettian Veetil Ammad and anr. Vs. Taluk Land Board and ors.

Court : Supreme Court of India

Reported in : AIR1979SC1573; (1980)1SCC499; [1979]3SCR839

..... whether it is retroactive.35. in doing so, we shall be guided by the plain and clear language of the sub-section, that is the primary rule of construction, for the legislature is intended to mean what it has expressed. we shall also bear in mind the other equally important rule of interpretation that a statute is not ..... a general rule of construction whenever it became necessary to ascertain the date of commencement of a particular provision of the act other than section 1.11. it will be recalled that sub-section ..... provisions on the dates appointed for them, but, for obvious reasons, rule (iv) continued to hold the field in as much as it laid down the rule of construction that any reference to the 'commencement of this act' shall be construed as a reference to the coming into force of that particular provision. it was therefore applicable as .....

Kewal Krishan Puri and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1980SC1008; (1980)1SCC416; [1979]3SCR1217

..... improvements; (xi) production and betterment of agricultural produce; (xii) meeting any legal expenses incurred by the board; (xiii) imparting education in marketing or agriculture; (xiv) construction of godowns; (xv) loans and advances to the employees; (xvi) expenses incurred in auditing the accounts of the board; and(xvii) with the previous sanction of the ..... facilities, such as shelter, shade, parking accommodation and water for the persons, draught cattle, vehicles and pack animals coming or being brought to the market or on construction and repair of approach roads; culverts, bridges and other such purposes; (ix) expenses incurred in the maintenance of the offices and in auditing the accounts of the ..... a few lines occurring at page 119 in the judgment of the privy council in the case of attorney-general for british columbia and esquimalt and nanaimo railway company and ors. [1950] ac 87 may be quoted with advantage. they are as follows:it is probably true of many forms of tax which .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... punishment deters homicide" and added : "our finding that capital punishment does not deter homicide is remarkably robust with respect to a wide range of alternative constructions." it will thus be seen that the validity of ehrlich's study which has been relied upon very strongly by sarkaria j. in the majority judgment ..... in his regression model : the estimated homicide arrest rate the estimated homicide conviction rate, and the estimated number of homicides. klein showed that with this construction of the execution rate, a very small error in the estimates of any of these three variables produced unusually strong spurious appearances of a deterrent effect. ..... specific individuals and do not affect the community or the public at large). unless such conclusion necessarily follows from the article, it is obvious that such construction should be avoided. in my opinion, such result is clearly not the outcome of the constitution."(the underlined words within brackets supplied.) (at page 100 of .....

Leroy Vs. Great Western United Corp.

Court : US Supreme Court

..... of this chapter or the rules and regulations thereunder." [ footnote 11 ] e.g., u-anchor advertising, inc. v. burt, 553 s.w.2d 760 (tex.1977). appellants argue that this construction is only applicable to private commercial defendants, and should not govern either in a suit against the agents of another sovereign state or in one against persons who are not ..... ] "the requirement of venue is specific and unambiguous; it is not one of those vague principles which, in the interest of some overriding policy, is to be given a 'liberal' construction." olberding v. illinois central r. co., 346 u. s. 338 , 346 u. s. 340 . [ footnote 19 ] the two sides of this question, and the cases supporting each, are discussed in .....