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 5 of about 582 results (0.121 seconds)

D.G. Gose and Co. (Agents) Pvt. Ltd. Vs. State of Kerala and anr.

Court : Supreme Court of India

Reported in : AIR1980SC271; (1980)2SCC410; [1980]1SCR804

..... by learned counsel.57. it has next been argued that as the capital value of buildings is bound to differ according to their location, the standard of their construction and the amenities and appurtenances etc. provided by them, the provision in the act for ascertaining their capital value by multiplying the annual value by 16 suffers from ..... (3), the assessing authority shall, among other factors, have regard to the 'location of the building', and the 'value of the land on which the building is constructed', but that is necessary for fixing the annual value of the 'building', and does not bear on the annual value of the ground of the building which, as we ..... garage, or any other structure or part there of, whether of masonry, bricks, wood, metal or other material, but does not include any portable shelter or any shed constructed principally of mud, bamboos, leaves; grass or thatch or a latrine which is not attached to the main structurethere are two explanations to the clause, but they are not .....

Additional Commissioner of Income Tax, Gujarat, Ahmedabad Vs. Surat Ar ...

Court : Supreme Court of India

Reported in : AIR1980SC387a

..... their ordinary meaning in the english language, and if, consistently with ordinary meaning, there is a choice between two alternative interpretations, then to prefer the construction that maintains a reasonable and consistent scheme of taxation without distorting the language. 75. both the judge's conclusion, and his reasoning, were adopted expressly ..... lamented the legislative obscurity in the definition of charitable purpose in section 2(15) of the act but observed that the court must adopt a construction which advances the legislative intent, stating:the evil sought to be abolished is thus clear. the interpretation of the provision must naturally fall in line ..... interpretation which would defeat the object of introducing the words 'not involving the carrying on of any activity for profit'. we cannot accept such a construction which emasculates these last concluding words and renders them meaningless and ineffectual.16. the other interpretation is to see whether the purpose of the trust .....

Gujarat Steel Tubes Ltd. and ors. Vs. Gujarat Steel Tubes Mazdoor Sabh ...

Court : Supreme Court of India

Reported in : AIR1980SC1896; (1980)ILLJ137SC; (1980)2SCC593; [1980]2SCR146

..... exclude 'arbitrator'. here we come upon a fundamental dilemma of interpretative technology vis-a-vis the judicative faculty. what are the limits of statutory construction does creativity in this jurisprudential area permit travel into semantic engineering as substitute for verbalism it is increasingly important for developing countries, where legislative transformation ..... reference to active participation in the strike, should be considered. a rapid but relevant glance at the decided cases may yield dividends. in india general navigation and railway co. ltd. v. their workmen, (supra) this court did observe that if a strike is illegal, it cannot be called 'perfectly justified'. but, ..... awarded wages during the strike period because the management failed to prove that the workmen resorted to force and violence. even in india general navigation and railway co. ltd. (supra) where the strike was illegal and affected a public utility service, this court observed that "the only question of practical .....

V.C. Shukla Vs. State Through C.B.i.

Court : Supreme Court of India

Reported in : AIR1980SC962; 1980CriLJ690; 1980Supp(1)SCC92; [1980]2SCR380

..... judicially determined with the utmost dispatch, the parliament enacted the act. if this was the object and motive and purpose in enacting the act, the construction of its provisions must receive such interpretation as would facilitate the achievement of the object underlying it and not frustrate it. if the object was speedy ..... word 'order' by excluding therefrom interlocutory orders. again, when the non-obstante clause provides for 'notwithstanding anything in the code' the expression as per grammatical construction would mean that something contained in the code is to be excluded while examining the scope and content of the substantive provision of s. 11(1). however, ..... be given a liberal contraction in favour of the right, since they are remedial. accordingly, the right will not be restricted or denied unless such a construction is unavoidable." there can be no dispute regarding the correctness of the proposition mentioned in the statement extracted above, but here as the right of appeal .....

Premji Bhai Parmar and ors. Vs. Delhi Development Authority and ors.

Court : Supreme Court of India

Reported in : AIR1980SC738; (1980)2SCC129; [1980]2SCR704

..... good. 11. is the classification income-wise scheme-wise violative of article 14 in any manner the authority formulates income-wise area-wise schemes for constructing flats. petitioners contend that there should be only income-wise classification wholly ignoring area and time factor for classification. they say that allottees of flats ..... attracted in the circumstances hereinabove mentioned. cost price of a property offered for sale is determined according to the volition of the owner who has constructed the property unless it is shown that he is under any statutory obligation to determine cost price according to certain statutory formula. except the submission ..... the authority has prepared master and zonal development plans for delhi. with a view to easing the acute housing problems in the capital city the authority undertakes construction of dwelling units for people belonging to different income groups styled as middle income group ('mlg' for short), low income group ('lig' for short), .....

Vance Vs. Terrazas

Court : US Supreme Court

..... the united states may not lose his citizenship in the absence of a finding that he specifically intended to renounce it. i also concur in the adoption of a saving construction of 8 u.s.c. 1481(a)(2) page 444 u. s. 271 to require that the statutorily designated expatriating acts be done with a specific intent to relinquish ..... specific intent to renounce one's citizenship. while the person seeking to retain his citizenship would thus have the burden of showing a lack of specific intent, such a construction would at least provide a statutory basis for bringing the issue of intent into the proceeding. the majority apparently would not be willing to accept such a ..... construction in order to salvage the statute, however, inasmuch as it rejects the appellant secretary's argument that, if there is a requirement of specific intent, it is also subject .....

Shri Gurbaksh Singh Sibbia and ors. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1980SC1632; (1980)82BOMLR518; 1980CriLJ1125; (1980)2SCC565; [1980]3SCR383

..... an application for anticipatory bail must be rejected unless the accusation is shown to be mala fide. this, truly, is the risk involved in framing rules by judicial construction. discretion, therefore, ought to be permitted to remain in the domain of discretion, to be exercised objectively and open to correction by the higher courts. the safety ..... the court has the power to impose conditions while granting anticipatory bail. it clearly and expressly has that power. the true question is whether by a process of construction, the amplitude of judicial discretion which is given to the high court and the court of session, to impose such conditions as they may think fit while ..... court has engrafted on the power conferred by section 438. clause (1) of section 438 is couched in terms, broad and unqualified. by any known canon of construction, words of width and amplitude ought not generally to be cut down so as to read into the language of the statute restraints and conditions which the legislature .....

Consolidated Coffee Ltd. and anr. Vs. Coffee Board, Bangalore

Court : Supreme Court of India

Reported in : AIR1980SC1468; (1980)3SCC358; [1980]3SCR625; [1980]46STC164(SC)

..... of a penultimate sale. in other words the content of the provision shows that it lays down a principle. in fact, while addressing arguments on proper construction of the section 5(3) counsel for the three states strenuously contended that the said provision should not be construed as being applicable only to the export ..... show that by necessary implication 'the agreement' spoken of by section 5(3) refers to the agreement with a foreign buyer. however, in support of his construction counsel for the petitioners pressed into service two aspects arising from the statement of objects and reasons, namely, (a) that the exemption was intended to be extended ..... expression 'the agreement' occurring in section 5(3) the small or medium scale manufacturers would be deprived of the benefit of the exemption. in fact, the construction which we are inclined to accept would be in consonance with the trade practice obtaining in export trade, namely, that normally the export activity commences with securing .....

Jit Ram Shiv Kumar and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1285; (1981)1SCC11; [1980]3SCR689

..... of the courts to make laws in construing the provisions of the statutes. the learned chief justice has observed:the true question is whether by a process of construction, the amplitude of judicial discretion which is given to the high court and the court of session, to impose such conditions as they may think fit while granting ..... court which in our respectful opinion have correctly stated the law. we are also unable to read the case of the house of lords in howell v. falmouth boat construction co. ltd. (1961) ac 837 (supra) as not having overruled the view of denning, j. and as not having expressed its disapproval of the doctrine of ..... affidavit filed in support of the writ petition, the petitioners had pleaded in paragraph 2 that on the faith of the representation, the petitioners purchased the plots and constructed establishments, the learned counsel is, therefore, right in his submission that the third objection raised before the high court is without substance. but the high court was .....

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... rights. both are in fact equally fundamental and the courts have therefore in recent times, tried to harmonise them by importing the directive principles in the construction of the fundamental rights. it has been laid down in recent decisions of this court that for the purpose of determining the reasonableness of the restriction imposed ..... the court may not entirely ignore these directive principles of state policy laid down in part iv of the constitution but should adopt the principle of harmonious construction and should attempt to give effect to both as much as possible.' but even this observation seemed to give greater importance to fundamental rights as against ..... the second proclamation of emergency was validly issued by the president. the respondents sought to answer this contention of the petitioners by saying that on a proper construction of the language of section 2, it was not a condition precedent to the operation of the house of people (extension of duration) act, 1976 that .....