Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Sorted by: old Page 16 of about 3,274 results (0.192 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 .....

Sakthi Sugars Limited Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : 1980CENCUS505D; 1983(12)ELT484(Mad)

..... set out in negative sense. the courts will try to discover the real intent by keeping the decision of the statute intact. this is another cardinal rule of construction.'bearing in view the principle laid down by their lordships of the supreme court in this decision, it is necessary to consider which of the two interpretations of the ..... of the provisions. it is by following that rule of construction, we have gone into the history and background of the provision together with the recommendation of the law commission as also the objects and reasons of the bill in ..... their lordships of the supreme court observed :-'we have seen that there may be scope for two views on the explanation and that would inevitably forbid a mere grammatical construction of the same on the touchstone of the plain texts divorced from the object of the provision. the real intent will have to be discovered from the scheme .....

Agricultural Produce Market Committee and anr. Vs. Election Officer an ...

Court : Gujarat

Reported in : (1979)2GLR267

..... error on his part to guide himself or to feel himself bound by the circulars issued by the director in this behalf.(2) that on a true reading, interpretation and construction of the act and the rules made thereunder, the societies dispensing agricultural credit would not include milk societies and the irrigation societies.(3) that respondent no. 1 placed reliance on .....

Smt. Mahadevi Lohariwalla Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1988(38)ELT585(Cal)

..... that everflf such steps were taken only on information, as duly pointed out in the concerned order, that would not take away the right to search and seize. on construction of section 105 as aforesaid, mr. chakravarty also claimed that the provisions therein do also authorise the search of the place. in fact, mr. chakravarty con- tended ..... such tests are applied then also it would be apparent that the same or identical prayers were made or put forward before t.k. basu, j. on a construction of section 105 of the customs act, it was contended by mr. chakraborty that authorisation thereunder and in the instant case, by the said search order, would include ..... by the search provided in sub- section (2) is not a reasonable restriction keeping in view the object of the search, namely, prevention of evasion of tax. for similar construction, reference was also made by mr. ghosh to the case of s.k. srivastava v. gajanand patriwalla - : air1956cal609 , which is of course a case under the provisions .....

Nirmal Construction and Finance Company and anr. Vs. Union of India an ...

Court : Delhi

Reported in : ILR1980Delhi1; 1981LabIC1012; 1980RLR508

..... in assistant custodian v. brij kishore, : [1975]2scr359 , the supreme court expressed the opinion that the view taken by the house of lords 'in howell v. falmouti boat construction co. ltd., 1951 a. c. 837, was the correct one and not the one taken by lord denning in robertson v. minister of pensions referred to above.(36) after ..... by the representor. may be the foundation of a true estoppel. but a promises cannot found a promissory estoppel in the same circumstance-' (ibid 377).(23) in the construction' of the correspondence between the buyer and the seller could be a matter for argument. it was not such as to be understood only in one sense without the ..... were not properly speaking drinks or beverages were held to be included in these wide..definitions considered at pages 704 and 705 of the report in the scr.(12) construction governed by the object : the second method adopted at pages 706 and 707 is to construe the definition according to the object of the prohibition act. the object .....

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 .....

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 .....

Tata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...

Court : Mumbai

Reported in : AIR1980Bom168

..... air1978cal574 , and also an unreported judgment of the calcutta high court in civil rule no. 5495 w of 1974 decided on 24th november, 1978 in t. m. s. engineering & construction co. v. union of india, which follows the judgment in the case of valley refractories. counsel also urged that the said act being an all india statute, the court should ..... has been or is being carried on, and includes - (i) to (v) ..... (vi) all lands, buildings, works, adits, levels, planes, machinery and equipments, instruments, stores, vehicles, railways, tramways and sidings in, or adjacent to, a mine and used for the purposes of the mine'.42. words and expressions used in the said act and not defined but ..... suit were at this dakra buk-buka colliery when he took charge as the custodian. the witness testifies that these vehicles were used for transporting coal to the railway siding within the leasehold area of the colliery and between 30-4-1973 and 1-5-1973 these trucks were at the dakra buka-buka colliery and were .....

Board of Educ. of City Sch. Dist. Vs. Harris

Court : US Supreme Court

..... in developing linguistic skills in both english and the language they speak at home. 708(c) of esaa, 20 u.s.c. 1607(c). the respondents' construction of 706(d)(1)(b), if literally applied, could wholly frustrate this congressional purpose by making ineligible for esaa funds those school districts whose faculty assignment policies ..... preceded by an enumeration of a number of types of conduct, but rather by a single type of highly particularized conduct. see 2a c. sands, statutes and statutory construction 47.17 (4th ed.1973). in this context, the petitioners argue that the word "otherwise" conveys a sense not of similarity, but of contrast: the section ..... receive esaa funds only if it has acted with a racially discriminatory motive or intent in its faculty assignment policies. i the controversy in this case turns on the proper construction of 706(d)(1)(b) of esaa, which provides: "no educational agency shall be eligible for assistance under this chapter if it has, after june 23, 1972 --" " * .....

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 .....