Court : Mumbai
Reported in : 1995(1)BomCR403; (1994)96BOMLR193; [1995(70)FLR233]; (1999)IIILLJ183Bom; 1995(1)MhLj497
..... billimoria & co. pvt. ltd., the contractors, sometime in the month of september 1985. the contractors employed several employees for carrying out the construction work. the construction work was completed. the respondent addressed a letter to the appellant on 18th december 1985 enquiring as to whether the employees employed by the contractors were ..... . by letter dated 13th january 1986, the assistant regional director of the appellant informed the respondent that persons employed directly or through contractors for construction of residential buildings were covered under the provisions of the act. correspondence ensued. before any order could be passed by the appellants as contemplated ..... act. the appellants filed a written statement in the said proceeding contending inter alia that the employees employed by the respondent through the contractors for construction of residential building meant for the staff were 'employees' as defined under sections 2(9)(ii) and 2(9)(iii) of the employees' .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1336
..... for the issue of a no objection certificate under the karnataka cinema (regulation) rules, 1971, (for short 'rules, 1971'), to enable the petitioner to construct the cinema building. that the licensing authority after making all enquiries and having been satisfied with the compliance of the rules 1971 by the petitioner, issued no ..... in accordance therewith, otherwise, the same is an offence punishable. sections 11 and 16 of the karnataka cinemas (regulation) act, 1964, read as under:11. construction or reconstruction of buildings or use of places for exhibition of cinematograph films only to be made after obtaining permission of licensing authority,(1) any person, who intends ..... for installing a machine for such exhibition, except with permission in writing of the licensing authority. however, even if a person intends to build or construct a cinema theatre or a building, he cannot do so without approval of plan and permission of the licensing authority communicated to him. now the question .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578
..... in the counter-affidavit filed by them is that l.r.c.o.n. was incorporated inthe year 1978 to carry out the business relating to railway construction by entering into contracts on turnkey basis or otherwise either individually or jointly with others. the business of the company is dependent upon the ..... aforesaid petition shall be treated as the leading appeal.2. the appellant no. 1 indian railway construction company ltd. [for short i.r.c.o.n.) is a wholly owned government company and carries on the business of construction of roads, buildings. bridges and railway tracking, etc. the writ petitioners (respondents in the appeal) were appointed by the appellants ..... counter-affidavit was filed wherein it was stated that i.r.c.o.n. entered into a contract with the national thermal power corporation for the construction of a railway line from rihand nagar to alori colliery and mayar bridge to shaktl nagar. a distance of about 54 kilometers and the petitioners were working under this project .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP42; 1963MPLJ701
..... be dismissed. the two questions that arise for determination in this petition are, first whether the state in auhorising the railway authorities to construct a railway line on the leased area, and the railway administration in constructing that line have infringed any rights of the petitioners under the lease dated the 9th april 1962, and secondly, whether ..... to it by the state government. the respondents have further stated that as the authorisation by the state government to the railway administration for the construction of the railway tract and its construction by the railway authorities is in terms of the clauses of the lease and particularly in accordance with clause (2) of part iv ..... , and if they do the petitioners can claim compensation in terms of clause (2) of part iv of the scheduleand that the railway administration has been authorised to construct the railway line on the express condition that it will compensate the company for any loss or damage sustained by it 'by reason or in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR711; 2009(4)BomCR348; JT2009(1)SC470; 2009(1)SCALE758; (2009)3SCC571; 2009(1)LC411(SC)
..... panchayat issued letter dated 22.8.1978, whereby appellant no. 1 was permitted to lay access road linking dona-paola-bambolim road to the construction site and construct the hotel subject to the conditions specified in the letter including the one relating to public access to the beach. this was reiterated by the ..... the schedule appended hereto and delineated in the plan hereunder annexed (hereinafter called 'the said land') for the following purpose, namely -tourism development project - construction of hotel at curla, vainguinim, taleigao.and whereas the government being satisfied by an enquiry held under section 40 of the said act that the proposed ..... period physical progress expenditure exupto dec. site development. approx. rs.15 lakhs1978jan. 79 to site development and plinth approx. rs.20 lakhsdec. 79 level construction works ofcentral facility area and firstclusterjan.80 to site development and shell approx rs.40 lakhsdec.80 work of central facility areasand first cluster of rooms.jan .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1089; [1966]60ITR112(SC); [1966]2SCR229; [1966]17STC418(SC)
..... the act. when, however, the authority travels beyond the valid provisions it must be regarded as acting in excess of its jurisdiction. to give too wide a construction to the expression "under the act" may lead to the serious consequence of attributing to the legislature, which owes its existence itself to the constitution, the ..... under the code of civil procedure, that is, to a machinery which cannot be as efficacious as the one provided by the general law. such a construction might necessitate the consideration of the very constitutionality of the provision which contains this expression. this aspect of the matter does not appear to have been considered ..... ;" "works contract" was defined by s. 2(i-i) as meaning any agreement for carrying out for cash or for deferred payment or other valuable consideration the construction, fitting out, improvement ,or repair of any building, road, bridge or other immovable property or the fitting out, improvement or repair of any movable property. section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC960; [1974(28)FLR406]; 1974LabIC707; (1974)ILLJ489SC; (1974)1SCC596; [1974]3SCR665
..... contract labour, establishment, principal employer all indicate that the work of an establishment means the work site of the establishment where a building is constructed for the establishment. the construction is the work of the establishment. the expression 'employed in or in connection with the work of the establishment' does not mean that the ..... directly or through a contractor. it is the place where the establishment intends to carry on its business, trade, industry, manufacture, occupation after the construction is complete.18. according to the petitioners, the contract labour employed by their sub-contractors will be within the provisions of the act but when the ..... workmen in connection with the work of the establishment.12. the contention of the petitioners is unsound. when the banking company employs the petitioners to construct a building the petitioners are in relation to the establishment contractors who undertake to produce a given result for the bank. the petitioners are also .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818
..... allottees of the shops to exercise judicial discretion in moulding the relief. such discretion cannot be exercised which encourages illegality or perpetuates an illegality. unauthorised construction, if it is illegal and cannot be compounded, has to be demolished. there is no way out. judicial discretion cannot be guided by expediency ..... (1995)6scc127 , the question was whether the impugned government orders were lawfully and validly made and, if so, whether they could regularise the unauthorized construction. high court quashed the impugned government orders and issued certain directions. this court observed as under and then referred the matter to the high court for ..... any method for execution of the project. in this case respondent jalagaon municipal council entered into a contract with a private developer/builder for construction of a commercial complex. the project contemplated its execution by the developer on self-financing basis subject to handing over the administrative building of .....
Tag this Judgment!Court : Delhi
Reported in : 2002CriLJ1154; 94(2001)DLT558; 2002(61)DRJ164
..... to be responsible for breaking open the seals and starting unauthorised construction over the premises.8. in the above factual situation, after the premises were sealed, the petitioner or any body-else on his behalf, was excluded ..... , under dmc act, for orders, for removal of seals. on 8th january, 1991 j.e. of the area found the seals broken and unauthorised construction in progress on said premises. thereafter matter was reported to the police and above noted case for criminal trespass was registered. during investigation, petitioner was found ..... during inspection of the area found that seals of the above said premises were broken without any order and that the owner/builder had started further unauthorised construction. consequently on 8th january, 1991, the zonal engineer (building), lodged a report with the sho. fir for criminal trespass was registered. after completion of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLC618; 2003(2)WLN527
..... of convenience the facts of writ petition no. 724/2002 are taken into consideration. the petitioner company is a contractor engaged in the execution of civil construction work relating to dams, canals etc. involving laying and commissioning of pipe lines for water supply schemes of various government departments throughout the country. pursuant ..... and spa/365 dated july 30, 1998. the works orders consisted of providing and laying of psg pipes complete with suitable jointing material specials, valves and construction of valve chambers, anchor blocks, suitable crossing including testing and commissioning of pipe lines etc. on turn-key basis under various water supply schemes of the ..... to the 46th amendment that when the goods and materials had been supplied under a distinct and separalc contract by the contractor for the purpose of construction of a building the assessment of sales tax could be made -ignoring the restrictions and conditions incorporated in article 286 of the constitution. if .....
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