Court : Supreme Court of India
Reported in : AIR2004SC1983; 2004(5)ALLMR(SC)707; 2004(2)ARBLR81(SC); 2004(3)AWC2499(SC); 111(2004)DLT52(SC); 2004(77)DRJ306; JT2004(4)SC519; 2004(4)SCALE443; (2004)5SCC304
..... ashish bhagat, learned counsel appearing on behalf of the respondent submitted that before lapse of the said act on 10.3.1987, notification under section 4 of the land acquisition act for acquisition of the entire property was issued on 6.3.1987, which acquisition was subsequently struck down by ..... as can be seen from the facts enumerated above, the said act lapsed on 10.3.1987, however, a notification was issued under section 4 of the land acquisition act on 63.1987 for acquisition of the entire property which was challenged by the respondent ..... should be calculate by an arbitrator for occupation of a property by the appellant herein pursuant to or in furtherance of notification issued under the provisions of the land acquisition act which was declared illegal is the short question involved in this appeal.13. ..... a notification was issued under section 4 of the land acquisition act for acquisition of the entire property on 6th march, 1987 whereafter a declaration purported to be in terms of section 6 and 17 thereof was ..... if he has travelled beyond the contract, he would be acting without jurisdiction, whereas if he has remained inside the parameter of the contract, his award cannot be questioned on the ground that it contains an error apparent on ..... vis-a-vis the said property upon delivery of the judgment of the high court dated 4.2.1991 declaring the acquisition proceedings to be illegal on the ground that section 17 of the land acquisition act could not have been taken recourse to.17. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC633; [1962]Supp1SCR206
..... provisions in respect of the several matters concerning the execution of the trust, and the whole scheme of the trust deed is consistent with the operative clause 23 in that it seems to require all the trustees to act together even though the decisions which they seek to give effect to may have been majority decisions and not unanimous decisions. ..... clause as a whole it is difficult to accept the argument that this clause allows two of the three trustees to act without joining the third trustee in the actual action to be taken in the execution of the trust. ..... three,' that is to say the three trustees, is the subject of the predicate 'shall act'; and the words between the subject and the predicate indicate how the decision has been ..... supplied by the learned attorney-general it is clear that what this clause requires is that the three trustees shall act, and it provides that they shall act according to the decision which may be reached either unanimously or by majority. ..... it is pointed out that according to lewin on trusts if the act to the two trustees has been done with the sanction and approval of the third trustee then it may be regarded as an act of the three trustees, and it is urged that in the present case the third trustee had consented and shown his approval to the ..... other clauses in the trust deed which also bring out provisions corresponding to the relevant provisions of the trusts act and this argument may apply to the said clauses as well. ..... nagarathna naicker (1910) 20 mad .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC839; 1970LabIC1407; (1972)ILLJ99SC; (1971)3SCC39
..... the high court expressed the view that the test for applying the presumption of section 106 of the transfer of property act is to ascertain what was the dominant purpose of the lease and not whether the lease was exclusively for manufacturing purpose. ..... it was submitted on behalf of the respondents that a similar principle must be applied in construing section 106 of the transfer of property act and if the purpose of the lease was mainly or in substance a manufacturing purpose, a presumption of yearly tenancy will arise and that it was incumbent upon the landlord to give a notice expiring with the end of the year of ..... he claimed that the tenancies were governed by the west bengal premises rent control act, 1950 and on the ground that there had been default of payment of rent from may, 1952 to march, 1953 he claimed that the defendant company had forfeited the protection against eviction. ..... we shall proceed on the assumption that the argument of the respondent is correct and that the test applicable under section 106 of the transfer of property act is not exclusiveness of purpose but what is the main or substantial purpose of the lease. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(96)ECC97; 2004(171)ELT433(SC); JT2004(7)SC409; 2004(7)SCALE540; (2004)7SCC591
..... which is quoted below:-cigarettes [tariff item 4]in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944, read with sub-section 3 of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957), the central government hereby exempts cigarettes of the description specified in column (1) of the table below and falling under sub-item ii (2) of item no. ..... the appellants submission in this regard, as we had briefly summarized earlier, is that the notification had to be understood in the light of the provisions of the swm act, 1976 and the packaged commodities rules, 1977 and that the retailer could not legally sell the cigarettes at a price which was not in accordance with the price declared on the package. ..... according to the appellant, the 'declaration' referred to in the 1983 and 1985 notifications was the printed price which was in any event required to be printed on each cigarette packet by virtue of the standards of weights and measures act, 1976 (referred to hereafter as the swm act) as well as the standard weights & measures (packaged commodity) rules 1977 (referred to as the packaged commodities rules). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(3)Crimes644(SC); JT1994(6)SC544; 1994(4)SCALE452; (1994)6SCC731; [1994]Supp4SCR386
..... clause - notwithstanding anything contained in the code - provide that a special court may, upon a perusal of the police report of the facts constituting an offence under the act or upon a complaint made by an officer of the concerned government authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial. ..... section 36 provides for the constitution of special courts and section 36a(l)(a) says that notwithstanding anything contained in the code, all offences under the act shall be triable only by the special court constituted for the area in which the offence has been committed or where there are more special courts than ..... in substance the petitioner now prays that all undertrials who are in jail for the commission of any offence or offences under the act for a period exceeding two years on account of the delay in the disposal of cases lodged against them should be forthwith released from jail declaring their further detention ..... the provisions of the code to proceedings before the special court, save as otherwise provided in the act, so that where the act does not make any specific provision to the contrary, the special court may not be hamstrung and may ..... that unless a judge is appointed to the special court, the special court cannot be said to have been constituted under the act and consequently cases in which cognizance has been taken by the court of session upto 6th april, 1991 would fall outside the purview of the special .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)
..... the official gazette, and subject to such conditions and for such period as may be specified in the notification, exempt from the operation of all or any of the provisions of this act or any scheme made there under, all or any class or classes of unprotected workers employed in any scheduled employment, or in any establishment or part of any establishment of any scheduled ..... or to be made, for the said work;(d) seize or take copies of such registers, records of wages or notices or portions thereof, as he may consider relevant, in respect of an offence under this act or scheme, which he has reason to believe has been committed by an employer; and(e) exercise such other powers as may be prescribed:provided that, no one shall be required under the provisions of this ..... stated in writing, give to it from time to time.15(1) the board may appoint such persons as it thinks fit to be inspectors possessing the prescribed qualifications for the purpose of this act or of any scheme and may define the limits of their jurisdiction.15(2) subject to any rules made by the state government in this behalf, an inspector may-(a) enter and search at all ..... any sum paid to the worker to defray special expenses entailed on him by the nature of his employment; or(v) any gratuity payable on discharge.some other sections of the act, which were referred to by the learned senior counsel during the arguments are as under:3(1) for the purpose of ensuring an adequate supply and full and proper utilization of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC649; 2006(1)AWC414(SC); [2006(108)FLR950]; JT2005(10)SC496; (2006)ILLJ714SC; (2006)1SCC380
..... clerical or arithmetical mistakes in the award, or errors arising therein from any accidental slip or omission; whenever any correction is made as aforesaid, a copy of the order shall be sent to the state government and the provision of this act; relating to the publication of an award shall mutatis mutandis apply thereto.'6. it is to be noted that there is no similar provision in the industrial ..... . the maxim of equity, namely, actus curiae neminem gravabit - an act of court shall prejudice no man, shall be applicable ..... an application purported to be under section 6(6) of the uttar pradesh industrial disputes act, 1947 (in short the 'u.p. ..... . act ..... . an act of court shall prejudice no man ..... act needs to be extracted. ..... act. ..... act was clearly untenable. ..... act') was filed stating that the conclusion of the labour court that he was not in the permanent list was not correct and, therefore, he was entitled to the benefit of back wages. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC396; 2006(1)ALT1(SC); 2006(1)AWC529(SC); 2006(1)BomCR57; (SCSuppl)2006(1)CHN70; 101(2006)CLT464(SC); [2006(1)JCR112(SC)]; JT2005(10)SC1; 2006(1)MhLj178; (2006)1MLJ
..... has only the right of prosecution or defence in the manner for the time being by or for the court in which the case is pending, and if, by an act of parliament the mode of procedure is altered, he has no other right than to proceed according to the altered mode. ..... the statement of objects and reasons for enacting code of civil procedure (amendment) act, 1976 (104 of 1976)(in short '1976 amendment act') highlights following basic considerations in enacting the amendments:-(i) with the accepted principles of natural justice that a litigant should get a fair trial in accordance;(ii) that every effort should be made to expedite the disposal of ..... rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justified where the tragic sequel otherwise would be wholly inequitable. ..... challenge to the constitutional validity of the amendment act and 1999 amendment act was rejected by this court in salem advocate bar association, tamil ..... facts and circumstances of the case, the maxim of equity, namely, actus curiae neminem gravabit - an act of court shall prejudice no man, shall be applicable. ..... resistance from the members of the bar against enforcing such and similar other provisions sought to be introduced by way of amendment, the amendment act could not be promptly notified for enforcement. ..... of the provision in the present form has been introduced by the amendment act with effect from 1.7.2002. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2002)10SCC695
..... he also considered that as per the provisions of section 25(1-a) of the arms act, whoever acquires, has in his possession or carried any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ..... the court has also given specific finding that there is no evidence that the accused contravened the provisions of section 25 of the arms act with an intent to commit terrorist activities. ..... by the impugned judgment and order the learned judge acquitted the appellant and three other accused for the offences punishable under sections 3, 5 and 6 of the tada act and section 120-b of ipc. ..... however, he convicted the appellant for the offence punishable under section 25 of the arms act, 1959.2. ..... in the present case after considering the evidence in detail the court had arrived at the conclusion that the prosecution has failed to prove charges under sections 3, 5 and 6 of the tada act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2571; 2007(5)ALT25(SC); 2007(4)AWC3430(SC); 2008(3)BomCR386; 2007(4)CTC326; [2007(4)JCR7(SC)]; JT2007(9)SC165; 2007(6)KarLJ161; (2007)6MLJ59(SC); 2007(II)OLR(SC)49
..... has only the right of prosecution or defence in the manner for the time being by or for the court in which the case is pending, and if, by an act of parliament the mode of procedure is altered, he has no other right than to proceed according to the altered mode. ..... the statement of objects and reasons for enacting code of civil procedure (amendment) act, 1976 (104 of 1976) (in short '1976 amendment act') highlights following basic considerations in enacting the amendments:(i) with the accepted principles of natural justice that a litigant should get a fair trial in accordance;(ii) that every effort should be made to expedite the disposal of civil ..... rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justice where the tragic sequel otherwise would be wholly inequitable. ..... challenge to the constitutional validity of the amendment act and 1999 amendment act was rejected by this court in salem advocate bar association, tamil ..... facts and circumstances of the case, the maxim of equity, namely, actus curiae neminem gravabit 'an act of court shall prejudice no man, shall be applicable. ..... resistance from the members of the bar against enforcing such and similar other provisions sought to be introduced by way of amendment, the amendment act could not be promptly notified for enforcement. ..... of the provision in the present form has been introduced by the amendment act with effect from 1.7.2002. .....
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