Court : House of Lords
..... potent in the development of the doctrine and which still provides a satisfactory explanation of many cases) and the " theory of a radical change in obligation " or " construction theory " (which appears to be the one most generally accepted today). my noble and learned friends who have preceded me have enumerated the various theories; and the matter ..... re-entry by the landlord in case of breach of covenant, or on six months notice, if the premises were required for the proper operation of british railways (with whom the plaintiffs are associated). the sole defence raised by the defendants/appellants to their obligation to pay rent was that, by reason of the ..... street, hull is a continuation of english street (of which, originally it may have been part) and terminates by running perpendicularly into a t junction with railway street. before it reaches this end, it crosses more or less at right angles an intersection with commercial road and manor house street. hereinafter, when i speak .....
Tag this Judgment!Court : Orissa
..... the said building, articles and documents of the allori grama panchayat were shifted to bhetia recreation centre till a building is constructed on the land donated by one ganeswar biswal. various letters issued by the government authorities which are annexed to the writ petition referred to supra show ..... article of charges and order of suspension are liable to be quashed ?. (ii) 12. what order ?. annexure-3 reveals that allori panchayat building has been constructed at allori by the panchayati raj department, government of orissa for functioning of the concerned grama panchayat office there. the panchayat office in stead of functioning in ..... the non-cooperation of the executive officer. the b.d.o. vide his letter dated 16.04.2012 (annexure-9) informed the petitioner about the newly constructed panchayat building and further informed that information sought for by the petitioner can be available under the rti act. the petitioner was further informed that as all the .....
Tag this Judgment!Court : Supreme Court of India
..... noted that superintending engineer, gulbarga circle, gulbarga was not an officer of the university and he did not have any authority or jurisdiction either to supervise the construction work or issue any direction to the contractor in relation to the project. the court also emphasized that the parties had agreed that any dispute arising from ..... with supervision of the execution of the work and administrative control over it from time to time. 20. in state of maharashtra v. m/s. ranjeet construction (supra), the two judge bench of this court interpreted clause 30 of the agreement entered into between the parties, which is almost identical to the clause under ..... following words: many cases have been fought over whether a contract s chosen form of dispute resolution is expert determination or arbitration. this is a matter of construction of the contract, which involves an objective enquiry into the intentions of the parties. first, there are the express words of the disputes clause. if specific .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... apartments promotion and ownership act and rules 1987 (hereinafter called the act) as with the culmination of the sale deed and delivery of possession, the construction agreement would naturally be subsumed in those superior documents. so in order to establish those deficiencies, the only resort for the complainant is to bring the ..... amply indicating that those agreements have been in possession of the flat owners too. therefore, drawing adverse inference on the strength on non production of construction agreement by opposite party is impermissible in law as both parties are similarly situated in the matter of producing the documents in question. when once ..... forum? this is a peculiar case in which the complainant succeeded to establish before the district forum the deficiency in service without either filing the construction agreement or citing the mandatory provisions, if any, obviating the necessity of any agreement as being the foundation for engendering obligations on the part of .....
Tag this Judgment!Court : Mumbai
..... respondents and called upon them to comply with the order passed by the division bench. 5. the executive engineer (bp) alleged that the applicants had started construction of work which allegation is disputed by the applicants by letter dated 13th february, 2013 and called upon the executive engineer to comply with the order passed by ..... to the d.c. regulations and other allied enactments for grant of permission to the proposed building on the plot in question. so far as the proposed construction being raised near the defence establishment is concerned, the learned counsel appearing for petitioners pointed out to us that unless there is a notification issued under section ..... principally for two reasons, firstly access to the plot of the petitioners is not available and secondly an objection is raised by the defence authority for raising construction on the plot on the ground that the structure if raised will cause danger to the defence establishment. so far as the first aspect of the matter .....
Tag this Judgment!Court : Singapore Supreme Court
..... use of the land. a showroom which is not subject to the restrictions imposed on an ancillary showroom is known as a "commercial showroom". 10. before rlg commenced construction of rbc, it submitted to the ura for approval its plans to erect rbc as a "5-storey single-user light industrial development comprising showroom at 1st storey and ..... , lee and lee, wrote to sla on prologis's behalf. the letter stated: "as [prologis's predecessor in title]...applied for and obtained the ura approvals and constructed the development on the property in accordance with the ura approvals and the terms of the building agreement dated 16 august 2006 and the head lease, our clients do not ..... to appreciate that the sla viewed its approval as an independent approval, completely separate from the ura's approval given under the planning act in 2006 at rbc's construction phase. again, this shows that the defendant's view, even after 27 may 2011, remained that it was only the ura's approval under the planning act .....
Tag this Judgment!Court : Andhra Pradesh
..... period in the hope of the control orders being relaxed or the licence and permit being granted. in cases where the court gathers, as a matter of construction, that the contract itself contained impliedly or expressly a term according to which it would stand discharged on the happening of certain circumstances, the dissolution of the ..... figures which are incapable of independent verification, cannot be accepted as disclosing the actual cost of production/excavation of manganese ore. in state of rajasthan v. ferro concrete construction (p) ltd., (2009) 12 scc 1), the supreme court held that, if there was no evidence and the amount claimed was awarded merely on the basis of ..... , the contract does not specify the order in which reciprocal obligations have to be performed; however by the very nature of things and as a matter of construction of the contract, unless the corporation supplied the plans and the men, the plaintiff could not have been expected to perform their part of the contract to .....
Tag this Judgment!Court : Karnataka
..... the matter, the state government reconsidered the matter and by order dated 27.10.2014 passed under section 4(g) of the act, granted exemption and permitted construction of commercial complex to be directly entrusted to kolar nirmithi kendra, kolar. thereafter, vide communication dated 10.11.2014 to the director, directorate of municipal administration ..... , bangalore, the state government informed that the exemption from chapter ii of the act had been granted for construction of a commercial complex. challenging the orders dated 27.10.2014 and 10.11.2014 passed by the state government, petitioners, who are municipal councilors ..... and services in respect of specific procurement as may be notified by the government from time to time. in the present case, the order for construction of commercial complex by kolar nirmithi kendra has been passed by the state government exercising power under the said provision. the same was done on the .....
Tag this Judgment!Court : Kerala
..... ...the petitioner was dumbstruck when she noticed that some persons had unloaded granite, reclaimed a portion of the paddy field for construction of building and thereafter constructed the foundation structure of a building structure in the said property... however the petitioner apprehends that due to local, political and ..... is not ripe for hearing. it has further been alluded that certain persons, taking advantage of the pendency of the litigation, 'have initiated construction of building foundation and building structure in gross violation of the building rules and the land conservancy act'. in that context, the learned counsel, ..... copy of the translation of exhibit-p2. exhibit-p3-true copy of the representation dated1111/2014 submitted before the district collector, thrissur seeking demolition of illegally constructed foundation structure in a land classified as nilam and to restore the paddy field. respondents' exhibits : nil -------------------------------- /true copy/ p.a to judge .....
Tag this Judgment!Court : US Supreme Court
..... return to the license collector of the city of st. louis and the amount included in fixing the amount payable on account of its license tax." as a matter of construction, this, upon familiar principles, is conclusive upon us. but, as has been held very often, the question whether a state law or a tax imposed thereunder deprives a party of ..... . unless some particular interference with federal right be shown, the states are free to lay privilege and occupation taxes. clark v. titusville, 184 u. s. 329 ; st. louis v. united railways co., 210 u. s. 266 , 210 u. s. 276 . the city might have measured such tax by a percentage upon the value of all goods manufactured, whether they ever should .....
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