Court : Karnataka
Reported in : ILR2004KAR4397
..... in the light of rival contentions of the parties, the points that arise for consideration are as follows:i) whether a writ petition enforcing payment of interest under section 34 of land acquisition act on the compensation awarded is maintainable?ii) whether the petitioner is entitled for interest under section 34 of the act from the date of taking possession of the land, when possession is taken anterior to the date of preliminary notification;iii) if it is held that the petitioner is not entitled for interest ..... the division bench of this court in smt.channarajamanni' s case (supra) has held that when the claim flows from statutory provision namely section 34 of the land acquisition act, it can be enforced through an order made under article 226 of the constitution of india and that there is no justification to direct the party to file a civil suit11. ..... it is held as follows :-in a case where the land owner is dispossessed prior to the issuance of preliminary notification under section 4(1) of the act the government merely takes possession of the land but the title thereof continues to vest with the land owner. ..... whereas, the interest, if payable under the act, can be claimed at any stage of the proceedings under the act, the amount of compensation under section 23(1) which is an award-decree under section 26, is subject to the rules of procedure and limitation. ..... the rules of procedure cannot come in the way of substantive rights of the citizens under the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]75STC282(AP)
..... the learned government pleader, however, submits that this court should not entertain the present writ petition under article 226 since a remedy of appeal is provided under section 23 of the act to the high court itself within sixty days from the date the order of the commissioner is communicated to the assessee and he brought to our notice, the decision of the supreme ..... the petitioner alleged that three years thereafter, the commissioner of commercial taxes sought to revise the order dated 25th august, 1983 on the ground that section 20 of the act which gave power for suo motu revision to the deputy commissioner did not empower the deputy commissioner to exercise that power of revision at the instance of the assessee and ..... petitioner, accordingly, filed revision application before the deputy commissioner, commercial taxes, nellore under section 20 of the act contending that the orders of the commercial tax officer in so far as it levied additional tax on turnover ..... state of orissa : [1983]142itr663(sc) and submitted that the supreme court has laid down as a rule that whenever alternative remedies are provided under the sales tax law, the high court should not entertain ..... - save as otherwise expressly provided in this act, no court shall entertain any suit, or other proceeding to set aside or modify, or question the validity of any assessment, order or decision made or passed by any officer or authority under this act or any rules made thereunder, or in respect of any other matter .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1975)ILLJ211AP
..... enacts that for the purpose of advising the government in the matters of fixation and revision of minimum rates of wages and other matters under the act and for co-ordinating the work of the advisory boards, the central government shall appoint a central advisory board.16 ..... . consequently, the procedure prescribed in rule 21 of the rules framed under the act is also inapplicable to the ..... only one point, the contention was that the procedure followed in consulting the commissioner of labour and the andhra pradesh state minimum wages advisory board was contrary to section 5 of the minimum wages act, hereinafter called 'the act', and as a result the minimum wages fixed by the impugned g.o. are vitiated.2 ..... in any case it is important to note that a committee appointed under section 5 of the act is only an advisory body and that the government is not bound to accept any of ..... , section 5 obliges the government to appoint a committee in a case where the government chooses to act under section 5(1)(a) to advise it on the fixation or revision of the rates of minimum ..... . section 3 empowers the state government in the manner provided in the act to fix the minimum rates of wages payable to employees employed in the hotel industry, being the ..... . it is the government which is responsible to the legislature if it administers the act badly and comes to conclusions which are open to criticisms as not being in the interests of the employers or ..... aylesbury mushrooms [1972] i all ..... on november 13, 1972. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All134
..... this court has thus consistently been of the view that the word 'misconduct' as used in the risk notes executed under the provisions of the railways act included culpable negligence and conduct which was improper and undesirable. ..... the consignment was not delivered to the plaintiff on demand and, therefore, the plaintiff after serving the necessary notices required by section 77 of the indian railways act and section 80 c.p.c. ..... the word 'misconduct as used in risk note z has not been defined in the railway act itself. .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]40CompCas282(All)
..... after having considered this submission seriously, i have reached the conclusion that, although such a declaration may be made in a case under either section 397 or section 398 of the act which cannot be properly proceeded with or satisfactorily decided without an investigation by an inspector or by inspectors, it should not be given where, after considering the merits of a case, proceedings under either section 397 or section 398 ..... what the learned judge really meant seemed to be that powers of the court under sections 397 and 398 of the act were neither intended tooperate as substitutes for punitive criminal proceedings nor could be invoked solely because the directors of a company had made themselves ..... but, inasmuch as the jurisdiction of the court under the act is, as a matter of practice and generally applied rules, exercised on the basis of evidence tendered through affidavits, it is possible to refuse the exercise of discretionary power on the ground that more detailed and necessary oral and documentary evidence can be conveniently ..... that they furnished details of all expenditure to the registrar, but, as the registrar was not satisfied, the company was prosecuted under sections 216 and 218 of the act for failure to furnish information from 1958 to 1961 and that the managing director was convicted. ..... another rule, flowing from the very nature of powers under sections 397 and 398 of the act, is that interference with internal management of companies should take place only .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC276
..... application or appeal, as the case may be, under section 5 was under a mistake as to a matter essential to the question of grant or refusal of licence ; or (c) that the licensee has been guilty of breach of the provisions of this act or the rules made thereunder or of any conditions or restrictions contained in the licence, or of any direction issued under subsection (4) of section 5 ; or (d) ..... (e) .....8. ..... teekappa gowda and bros, and others, air 1971 sc 246, the hon'ble supreme court ruled :'where the owners of an existing rice mill shifted its existing location and obtained the necessary permission for change of location from the director of food and civil supplies, even if it be assumed ..... the appeal, sitar video preferred the writ petition before this court challenging the provisions of prohibition contained in section 11 of the video rules against granting licence for video cinema where the cinema in a permanent building has already run.10. ..... the submissions made by the petitioner, it would be appropriate to glance over rule 11 of the uttar pradesh cinema (regulation of exhibition by means of video) rules, 1988 which were framed under section 13 of uttar pradesh cinema (regulation) act, 1953, which reads as under :'11. ..... by the constitution bench :the act and the rules do not confer any substantive justiciable right on a rival in cinema trade, apart from the option, in common with the rest of the public, to lodge an objection in response to the notice published under rule 4. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP216
..... the idol cannot itself act; it has to act through human agency. ..... 674):--'it is a sound rule of construction of a statute firmly established in england as far back as 1584 when--heydon's case, (1584) 3 co rep 7a was decided that --'..... ..... this rule is enacted in section 168 and also its exceptions. ..... , and to suppress subtle inventions and evasions for continuance of the mischief and 'pro private commodo', and to add force and life to the cure and remedy according to the true intent of the makers of the act, 'pro bono publico'.'15. ..... that is to say in the case of a private religious trust this act will not apply. ..... being a disabled bhumiswami in terms of section 168 (2) (viii) the pujari whose name was recorded in the khasra, was competent to lease out the suit land in the interest of the deity, as the deity could only ,act through human agency. ..... public trust act, 1951, ('public religious purpose' and 'public charitable purpose') is left open.24. ..... what was the common law before the making of the act.2nd. ..... accommodation control act, 1961. ..... public trust act, 1951. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR508(Jhr)]
..... it is evident that the confiscation proceeding is under the provisions of the aforementioned act, which is altogether a separate proceeding and it is in addition to criminal proceeding before a magistrate.14. ..... he obtained a license in the year 1996 under section 4 of the bihar saw mill (regulation rules, 1993 which was registered as license no. ..... upon perusal of section 13 of the bihar saw mills (regulation) act, 1990 it is evident that the orders are revisable.15. ..... the authorities under the act passed the impugned order after full consideration and the stock register proved irregularities in relation to the timber.11. mr. r.s. ..... 4 seized the logs without following the procedure as laid down under the bihar saw mill (regulation) act, 1990 and that there were no independent witnesses who were present and also that in the column of witnesses, two employees of the department of forest put their signatures which was in total and complete violation of the provisions of the section 8(2) of the aforementioned act.4. ..... they have further stated that the seized logs were actually found unaccounted for and had been obtained unlawfully in violation of section 10 of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1966]36CompCas137(P& H)
..... the object of inserting the concluding words in section 110b, in my opinion, was that in case the compensation awarded by the tribunal exceeded the amount which is payable by an insurer under sub-section (2) of section 95 of the act, in such a case the claims tribunal should specify and make clear the extent of the liability of the insurer. ..... lacking in qualifications which are mentioned by sub-section (3) of section 110 of the act, his appointment as member of the tribunal would be illegal and he would not be able to discharge the functions of the claims tribunal but such a contingency has not arisen, because it is not the case of the appellant that the successive judges of the small causes court, who also acted as members of the tribunal, were lacking in the qualifications contemplated by sub-section (3) of section ..... --in exercise of the powers conferred on him by sub-section (1) of section 110 of the motor vehicles act, 1939, the chief commissioner, delhi, is pleased to appoint the judge, small causes court, delhi, as motor accidents claims tribunal for the union territory of delhi for the purpose of adjudicating upon claims for compensation in ..... according to rule 5 of the industrial disputes (central) rules, 1957, the appointment of a board, court, labour court, tribunal or national tribunal has to be notified in the official gazette together with the names of the persons constituting the board, court, labour court, tribunal or national tribunal. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2005P& H183; (2005)139PLR873
..... the learned counsel has also argued that in any case under the act and the rules, jd-respondent 2 was debarred from transferring the land to a non-harijan for a period of 20 ..... 2191 of 1979, this court specifically recorded a finding that despite power of attorney in favour of karnail singh jd-petitioner 1 who was acting as general attorney of jd-respondent 2, he had proceeded to execute the sale deed in favour of malial singh, maluk singh, arjan singh sons of angrez singh who were his own ..... the jd-petitioners raised the objection based on the act and the rules urging that no sale of the land for a period of 20 years from the date of sale could have been effected nor the sale could have been made in favour of a non- ..... the executing court dismissed the objections on the ground that order dated 1.6.2000 could not be passed by the authorities under the act after the judgment and decree has been passed by the high court in r. s. a. no. ..... singh jd-respondent 2 was debarred from entering into any agreement of sale in respect of the suit land before the expiry of 20 years from the date of purchase under the punjab package deal properties (disposal) act, 1976 (for brevity 'the act') (and the punjab package deal properties (disposal) rules, 1976. ..... present jd-petitioners were party to the aforementioned judgment and decree and effort has no been made to raise an argument that jd-respondent 2 could not have sold the land to dh-respondent 1 by relying on the provisions of the act and the rules. .....
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