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Judgment Search Results Home > Cases Phrase: mines act 1952 chapter viii regulations rules and bye laws Page 1 of about 16,845 results (0.961 seconds)

Dec 20 1957 (HC)

State of Madhya Pradesh Vs. A.K. JaIn and ors.

Court : Madhya Pradesh

Reported in : AIR1958MP162; 1958CriLJ767

..... the learned counsel for the non-applicants then points out that the expressions 'regulations', 'rules' or 'bye-laws' occurring in sections 73 and 74 of the new act have been defined in section 2 (o) thereof to mean respectively 'regulations, rules and bye-laws made under, this act', that is to say, under the act of 1952.he therefore contends that as they have not included within the ambit of these expressions rules, regulations and bye-laws 'which are deemed to have been made under this act', the contraventions of these fictional rules, regulations and bye-laws (i.e. ..... this order will dispose of the criminal revisions completely because there the trials have yet to take place and the matter has come up before us on references by the sessions judge, chhindwara, under section 438 of the code of criminal procedure, recommending that the prosecutions initiated on the basis of the alleged contraventions of the rules, regulations and bye-laws made under the indian mines act, 1923 and deemed to have been made under the mines act, 1952, read with section 24 of the general clauses ..... xxxv of 1952) for acts which are alleged to be contraventions of the rules, regulations or bye-laws framed under the provisions of chapter vii of the indian mines act, 1923 (act no. ..... under the new act, power to make rules, regulations and bye-laws was conferred on the central government under chapter viii (ss. .....

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Feb 05 2003 (HC)

S and D Securities (P.) Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : [2005]124CompCas340(Cal),[2004]54SCL329(Cal)

..... bye-law 2 of chapter xi reads as under :'(2) provisions of these bye-laws and regulations deemed to form part of all dealings, contracts and transactions : in all dealings, contracts and transactions which are made or deemed to be made subject to the bye-laws, rules and regulations of the exchange, the provisions relating to arbitration as provided in these bye-laws and regulations shall form and shall be deemed to form part of the dealings, contracts and transactions and the parties shall be deemed to have entered into an arbitration agreement in writing by which all claims, differences or disputes of the nature referred to in bye-laws (1), (1a) and (1b) above shall, be submitted ..... the may also act as market-makers in such securities if they are so authorised and subject to such conditions as under chapter viii.conditions(2)(a) trading members shall adhere to the bye-laws, rules and regulations of the exchange and shall comply with such operational parameters, rulings, notices guidelines and instructions of the relevant authority as may be applicable. ..... finsbury bc 1952 ac 109, wherein the learned judge has observed as under:'if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing so, also imagine as real the consequences and incidents which, if the putative state of affairs had in fact existed, must inevitably have flowed from or accompanied it.... .....

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Aug 18 1965 (SC)

Jan Mohammad Noor Mohammad Begban Vs. State of Gujarat and anr.

Court : Supreme Court of India

Reported in : AIR1966SC385; [1966]1SCR505

..... 32 of the constitution challenging diverse provisions of the act and the rules and bye-laws framed thereunder on the plea that those provisions placed unreasonable restrictions on their right to carry on trade in agricultural produce and thereby infringed their fundamental right guaranteed under art, 19(1)(g) of the constitution. ..... in this connection bye-law 35 [1] [a] of the agricultural produce market committee, ahmedabad also indicates that no retail sales are intended to be regulated. ..... it is only after the objections and suggestions are received and considered by the director in the light of the object and purpose of the act, and he is satisfied that it is in the interest of the producer and the general public that there should be regulation of the trade in agricultural produce in the specified area that he may proceed to declare the market area.11. ..... the director is appointed by the state government to exercise such powers and perform such functions and duties as are conferred or imposed on him by or under the act, and the exercise of the powers and the performance of the duties is for the purpose of regulating the purchase and sale of agricultural produce and thereby doing away with malpractices in the trade. ..... chapter viii deals with the control by the director and the state government in the matter of administration of the act and ch. .....

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May 14 1971 (HC)

The Refugees Co-operative Housing Society Ltd. and ors. Vs. the Munici ...

Court : Delhi

Reported in : ILR1972Delhi725

..... . in view of the clear provision in section 99(1) that all the amounts levied and collected as taxes shall form one fund, and the provision in section 105 that the monies from the fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of the act, rules, regulations and bye-laws, the amount cannot be regarded as fees and can only be regarded as ..... it has to be noted that according to section 99 all monies raised by way of taxes, rates, cesses and fees form one fund which is entitled 'the municipal fund of delhi', and according to section 105 the monies credited to the municipal fund can be applied in payment of all sums charges and costs necessary for carrying out the provisions of the act and of the rules, regulations and bye-laws made there ..... sub-section (1) of the section provides that the monies credited from time to time to the municipal fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of the act, and of the rules, regulations and bye-laws made there under, or of which payment is duly directed, sanctioned or required by or under any of the provisions of the ..... above. chapter viii of the act, which consists of sections 113 to 184, contains provisions ..... tax. chapter vii of the act, which consists of sections 99 to 112, contains provisions regarding revenue ..... '.(37) chapter xv of the corporation act, which consists of sections 298 to 330, contains provisions .....

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Jun 25 1982 (HC)

State of Gujarat Vs. Angadia Kantilal Somabhai and ors.

Court : Gujarat

Reported in : AIR1982Guj276; (1982)1GLR157

..... orders consistent with the provisions of the act and the rules and bye-laws in respect of-(a) prescribing nakas for the collection of octroi and tolls; (b) regulating the mode and manner, in which octroi and tolls shall be collected; (c) determining how octroi shall be collected when no reliable evidence is available of the value of the goods imported; (d) regulating the stamping, sealing or otherwise marking of imported goods; (e) prescribing the manner in which refunds of octroi shall be claimed or made and the conditions under which agents shall be recognised ..... and for obtaining refunds of octroi; (f) determining the supervision ..... vided in chapter viii (rules of the schedule appended to bombay provincial municipal corporations act lix of 1949). .....

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Nov 20 2020 (SC)

Rusoday Securities Ltd. Vs. National Stock Exchange Of India Ltd

Court : Supreme Court of India

..... rules 31 and 32 of chapter iii are relevant operative provisions for our consideration which lay down various obligations for continued admittance of membership and read thus: failure to pay charges (31) save as otherwise provided in the bye laws, rules and regulations of the exchange if a member fails to pay his annual subscription, fees, charges or other monies which may be due by him to the exchange or to the clearing house within such time as the relevant authority may prescribe from ..... in the chapter on definitions , clause (10) defines regulations to include business rules, code of conduct and such other regulations prescribed by the relevant authority from time to time for the operations of the exchange and they are declared to be subject to the provisions of the 1956 act, rules and 1992 act. ..... the intertwined nature of the provisions involved in the determination of the aforesaid questions requires us to analyse at length the scheme and scope of the byelaws, rules and regulations of the exchange and the clearing corporation vis a vis the 1956 act and securities and exchange board of india act, 19926.25. .....

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Nov 19 2015 (HC)

Happy Home Co-operative Housing Society Ltd. Vs. State of Maharashtra, ...

Court : Mumbai

..... section (1) of section 73 says that the management of every society shall vest in a committee constituted in accordance with this act, the rules and bye-laws which shall exercise such powers and perform such duties as may be conferred or imposed respectively by the act, the rules and the bye-laws. ..... cooperative housing society has to be approached is apparent from the rules and regulations in relation to the specific housing society, namely, the petitioner, but the order of the respondent no.3 refers to the change of user in relation to other plots and belonging to the members of the petitioner-society. ..... the audit, inquiry, inspection and supervision are other provisions and to be found in chapter viii by which the registrar is empowered to ..... of a multi storeyed building in the residential zone and for non-residential user is impermissible and for that purpose, reliance is placed upon the zones carved out under the development control regulations for greater mumbai and as amended from time to time. ..... cannot go into the disputed facts, particularly about how the approval was sought to the building plans, in what way they were considered and what are the zoning regulations or restrictions in the relevant planning law. ..... place the registrar on such a pedestal that apart from the management being temporarily taken over by him, in specific cases and covered by the statutory provisions, he, in addition to the state government's power, can issue directions to societies to frame regulations. .....

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Jan 27 2015 (HC)

M/S Sai Soft Securities Ltd Vs. Manju Ahluwalia

Court : Delhi

..... clause 1 of chapter 11 of the byelaws which relates to arbitration is reproduced as under: (1) all claims, differences or disputes between the trading members inter se and between trading members and constituents arising out of or in relation to dealings, contracts and transactions made subject to the bye-laws, rules and regulations of the exchange or with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations and liabilities of the parties thereto and including any question of whether such dealings, transactions and contracts have ..... dewan chand ram saran (2012) 5 scc306refused to set aside an arbitral award, under the 1996 act on the ground that the view taken by the arbitral tribunal was against the terms of the contract and held that it could not be said that the arbitral tribunal had travelled outside its jurisdiction and the court could not substitute its view in place of the interpretation accepted by the arbitral tribunal. ..... in case the appellate arbitration award is in favour of the investor and the member opts for making an application under section 34 of the arbitration and conciliation act, 1996 to set aside the appellate arbitration award, then a positive difference of 75% of the amount determined in the appellate arbitration award or rs. .....

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Feb 13 1986 (HC)

Parvathi Bai Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR3258

..... the power under section 321 of the karnataka municipal corporations act, cannot be exercised by the corporation or its authorities in respect of construction or reconstruction of a building for running a touring cinema, as such buildings, or constructions, are exempted from the purview of the relevant provisions of the karnataka municipal corporations act including section 321 thereof, rules and bye-laws regulating the erection or construction of buildings, by section 11(2) of the act. ..... of buildings or use of places for exhibition of cinematograph films only to be made after obtaining permission of licensing authority.xx xx xx(2) no provision contained in the enactments specified in the schedule or any other law for the time being in force regulating the erection or construction of buildings, or in the rules or bye-laws made under any such enactment, or law shall apply to an application under sub-section (1) in so far as such provision relates to any of the matters specified in the said sub-section. ..... rule 90 of the rules, which falls under chapter xii, provides that a person who intends to construct a building for the exhibition of cinematograph film by a touring cinema shall make an application in form-a accompanied by the documents mentioned in sub-rule (2) therein rule 91 of the rules, prescribes the condition, to which the building is intended for running touring ..... chapter xii of the karnataka cinemas (regulation) rules, 1971 (for short the 'rules') framed under the act, .....

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Feb 01 2001 (SC)

B.S.E. Brokers Forum, Bombay and ors. Etc. Vs. Securities and Exchange ...

Court : Supreme Court of India

Reported in : AIR2001SC1010; [2001]104CompCas506(SC); JT2001(2)SC242; 2001(1)SCALE575; (2001)3SCC482

..... it is also contended that under the rules and regulations, a stock broker to be registered as such under the act has to be a regular member of the stock exchange and since the said rules and regulations of the board do not recognise a trading member as a member of the stock exchange, they cannot be brought within the net of the levy ..... the enumeration of the above provisions of the act, rules and regulations, it is clear that the board is empowered to collect two types of fees, namely, the fee under section 11(2)(k) for carrying out the purposes of section 11 and a fee for the purpose of registering the applicants under section 12(2) of the act. ..... of a trading member under the nse bye-laws itself shows that a trading member to be a stock broker and a member of the nse registered in accordance with chapter v of its bye-laws. ..... registering and regulating the working of venture capital funds and collective investment schemes, including mutual funds; (v) promoting and regulating self-regulatory organisations; (vi) prohibiting fraudulent and unfair trade practices relating to securities markets; (vii) promoting investors' education and training of intermediaries; (viii) prohibiting insider trading in securities; (ix) regulating substantial acquisition of shares and take-over of companies; (x) collection of information, inspection, conducting inquiries and audits of the stock exchanges, mutual funds, other persons associated with the securities market and other intermediaries and self .....

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