Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 section 12 right to enter into the land where right of user etc is vested in the central government Year: 1993 Page 1 of about 16 results (0.148 seconds)

Concrete Pipe and Products of Cal., Inc. Vs. Construction Laborers Pen ...

Court : US Supreme Court

..... to my final, and perhaps most fundamental, disagreement with the court. before a court can appropriately invoke the crowell/debartolo rule of construction, it must have a significantly higher degree of confidence that the statutory provision would be unconstitutional should the problematic interpretation be adopted. the ..... the southern california district council of laborers (laborers) and three associations of contractors, the 612 612 concrete pipe & products of cal., inc. v. construction laborers pension trust for southern cal. building industry of california, inc., the engineering contractors association, and the southern california contractors association, inc. app. 75 ..... american academy of actuaries by lauren m. bloom; for the american federation 605 justice souter delivered the opinion of the court.1 respondent construction laborers pension trust for southern california (plan) is a multiemployer pension trust fund established under a trust agreement executed in 1962. petitioner concrete .....

Muddeereswara Mining Industries Vs. Commissioner of Income-tax

Court : Karnataka

Reported in : (1993)114CTR(Kar)361; [1993]204ITR550(KAR); [1993]204ITR550(Karn); [1994]72TAXMAN186(Kar)

..... in cit v. mahant oil industries pvt. ltd. : [1992]193itr620(kar) , the bench observed :'since section 32a is a beneficial provision, it should receive a liberal construction to effectuate the basic idea behind the provision. therefore, there is no reason to restrict the meaning of the term 'plant' or 'machinery' used in section 32a of the ..... its members. the court held that the object of section 81(1) was to encourage and promote the growth of co-operative societies and, consequently, a liberal construction must be given to the operation of that provision. and since ginning and pressing was incidental or ancillary to the activities mentioned in section 81(1), the assessee ..... accepted and used. i would hence advert briefly to the leading english and american cases on the point in their chronological sequence. as early as 1867 lord romilly in midland railway c. v. checkley [1867] 4 eq. 19, observed : 'upon the first point, i think there is no question. stone is, in my opinion, clearly a .....

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... needed changes. re-examination and reconsideration are among the normal processes of intelligent living. we have not refrained from reconsideration of a prior construction of the constitution that has proved 'unsound in principle and unworkable in practice.'interpretation of constitutional provisions421. the framers of the constitution planted ..... conspectus of the constitutional provisions concerning the judiciary and its independence. in interpreting the constitutional provisions in this area the court should adopt a construction which strengthens the foundational features and the basic structure of the constitution. rule of law is a basic feature of the constitution which ..... strata, provide some insight to the true meaning of the relevant provisions in the constitution relating to the composition of the judiciary. the construction of those provisions must accord with these fundamental concepts in the constitutional scheme to preserve the vital and promote the growth essential for retaining .....

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... of justice should be preferred to one which defeats it. a. a. haja muniuddin v. indian railways, (1992) 4 scc 736 : (air 1993 sc361) (at page 741). (iv) the mechanical approach to construction is altogether out of step with the modern positive approach. the modern positive approach is to have ..... without the termination of theemployment of the employee concerned atthat particular time either because he issurplus, inefficient, disobedient and dangerous.' (para 122) 'construction or interpretation of legislative or rule provisions proceeds on the assumption that courts must seek to discover and translate the intention of the legislature or ..... both by commom practice and the application of recognised rules of statutoryconstruction, harsh consequences followingupon an interpretation are not considered asthe governing factor in the construction of astatute, unless its language is unequivocal orambiguous. if the language is plain andcapable of one interpretation only, we will notbe justified in .....

Unit Construction Company Pvt. Ltd. Vs. National Aluminium Company Ltd ...

Court : Orissa

Reported in : 1994(I)OLR155

..... is an undertaking of the government of india dealing with manufacture of aluminium. the said opp. party no. 1 invited tenders in february, 1983, for the work 'construction of residential quarters at angul in the district of dhenkanal' and the petitioner was one of the tenderers. the tender of the petitioner was ultimately accepted by opposite party ..... or the execution or maintenance thereof of this contract or the rights touching or concerning the works or the execution or maintenance thereof of this contract or the construction meaning, operation or effect thereof or to the rights and/or liabilities of the parties or arising out of or in relation thereto whether during or after ..... into the aforesaid point in issue, it would be appropriate to notice some admitted facts.the petitioner and opp. party no. 1 entered into a contract for construction work and on completion of the same, it is the petitioner who him- self prepared and submitted the final bill. the final bill was submitted in the year .....

Shyam Nandan Prasad and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : 1994(1)BLJR151; JT1993(4)SC590; (1994)1MLJ1(SC); 1993(3)SCALE435; (1993)4SCC255; [1993]Supp1SCR533

..... is couched in terms that land is required to be taken over by the government for a public purpose, that is, for the bihar finance service housing construction cooperative society, on the cost of society. though section 4 above-quoted requires the appropriate government to notify its intention to acquire land which is needed or ..... of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith, or(aa) that such acquisition is needed for the construction of some building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public ..... and the case remitted to the state government for further proceedings under two heads.3. the appellants herein are a few members of the bihar finance service house construction cooperative society, a society registered way back i the year 1973, under the bihar and orissa cooperative societies act. its members, the appellants state, are about 400 .....

Gulzar Khan Vs. Commissioner of Consolidation and ors.

Court : Orissa

Reported in : 76(1993)CLT161; 1993(II)OLR194

..... concluded proceedings and thereby extending the power of the commissioner under section 37 of the act. artificiality and anomaly to be avoided in the matter of construction and a construction must be adopted which will facilitate the smooth working of the scheme of legislation established by the act.47. in the present case, the omission ..... the statute except the mailers saved under section 41 of the act ceases, to exercise the jurisdiction under v. 37.- the primary purpose of interpretation or construction of a statute is to ascertain the intention of the legislature. since language is the medium through which the legislature manifests its intention, the question of construing ..... the commissioner of consolidation or the director of consolidation to exercise the power of superintendence under section 37 of the act at any time.46. the construction of a statute must not so strain the words as to include cases plainly omitted from the natural meaning of the language. nevertheless, even where the .....

Mrs. Vidya Stokes Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 1994CriLJ1833

..... 1,000/- in normal course. in order to bring home the charge, the first and basic question required to be shown would be that the structures were constructed under the orders of the petitioner. since investigation is stated to be complete in all respects, we on scanning through the entire file have not been shown, nor ..... for execution of the work. though the land had become available on the spot, but matter of installing machinery was got unnecessarily delayed by not getting the construction work commenced. the council entered into purposeless litigation with private persons and no effort was made by the petitioner to get the trival matters settled with the deputy ..... 1986, under the orders of smt. vidya stokes, the general secretary of the council. the structures are being used as bath rooms for the handicapped girls. for the construction of these particular structures no set norms have been followed. the structures have been built through m/s. basant singh and sons, shimla, for a sum of rs .....

Avon Cycles Pvt. Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1993)47ITD23(Chd.)

..... not such as will run the plant and machinery installed by the assessee-company but were meant for providing light in the building newly constructed by the assessee-company, the assessee was considered not entitled to investment allowance on these electric installations. it was further observed that these electric ..... also be clear while writing each item from (!) to (7) which mention, e.g., item no. (7) 'locomotives, rolling stocks, tramways and railways' used by concerns, excluding railway concerns. similarly, calculating machines in all concerns. therefore, item no. (6) 'hydraulic works, pipelines, and sluices' means no extra shift allowance available ..... be clear while writing each item from (1) to (7), which mention, e.g., item no. (7) 'locomotives, rolling stocks, tramways and railways' used by concerns, excluding railway concerns. similarly, calculating machines in all concerns. therefore, item no. (6) 'hydraulic works, pipelines and sluices' means no extra shift allowance available .....

Avon Cycles (P) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1994)48TTJ(Chd.)249

..... fittings were not such as will run plant and machinery installed by the assessee-company but were meant for providing light in the building newly constructed by the assessee-company, the assessee was considered not entitled to investment allowance on these electric installations.it was further observed that these electric fittings ..... also be clear while writing each item from 1 to 7 which mention, e.g., item no. 7 locomotives, rolling stocks, tramways and railways used by concerns, excluding railway concerns. similarly, calculating machines in all concerns. therefore, item no. 6 hydraulic works, pipelines and sluices means no extra shift allowance available ..... also be clear while writing each item from 1 to 7 which mention, e.g., item no. 7 locomotives, rolling stocks, tramways and railways used by concerns, excluding railway concerns. similarly, calculating machines in all concerns. therefore, item no. 6 hydraulic works, pipelines and sluices means no extra shift allowance available wherever .....