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Sat Pal Alias Sadhu Vs. State of Haryana and anr.

Court : Supreme Court of India

Reported in : AIR1993SC1218; 1993(1)ALT(Cri)61; 1993CriLJ314; JT1992(4)SC530; 1992(2)SCALE203; (1992)4SCC172; [1992]3SCR898; 1992(2)LC634(SC)

..... case naib singh challenged his continued detention in jail on the following grounds:-in regard to the sentence of life imprisonment the place where it has to be executed or carried out has to be appointed under section 32 of the prisoners act, 1900, and since the sentence of 'imprisonment for life' like the sentence of 'transportation of life' could be executed only by way of banishment or exile by the convict being 'removed to the place or places' required to be appointed ..... by the state government under section 32 of the prisoners act, the executing authorities were obliged to 'execute' or 'carry out' the said sentence in jail indirectly by way of commuting if for imprisonment of either description for a term not exceeding 14 years under section 55, i.p.c. ..... the amending act 26 ..... tulzapurkar, j speaking for the court held as under:under section 32 of the prisoners act a sentence of transportation either for a term or for life could be and a sentence of life imprisonment can be made executable in local jails by constituting such jails as the 'places' within the meaning of section 32 ..... learned counsel for the petitioner on the following grounds:-[i] 'imprisonment for life' as one of the punishments was substituted for 'transportation for life' in section 53 of the indian penal code by amending act 26 of 1955. .....

Bank of India Vs. Ketan Parekh and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2361; 2008(5)ALLMR(SC)983; 2008(3)AWC3091(SC); III(2008)BC247; 2008(56)BLJR2070; [2008]143CompCas711(SC); (2008)5MLJ1097(SC); (2008)151PLR662; 2008(8)SCALE327; 2008AIRSCW3903; AIR2008SC2360; 2008(8)SCC148

..... says that every suit, claim or other legal proceeding (other than an appeal) pending before any court immediately before the commencement of the special court (trial of offences relating to transactions in securities) amendment act,1994, being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of ..... , claim or other legal proceeding (other than an appeal) pending before any court immediately before the commencement of the special court (trial of offences relating to transactions in securities) amendment act,1994, being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, ..... attendance of any person and examining him on oath;(b) requiring the discovery and production of documents;(c) receiving evidence on affidavits;(d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or copy of such record or document from any office;(e) issuing commissions for the examination of witnesses or documents;(f) reviewing its decisions;(g) dismissing a ..... to be rejected by order dated 19.8.2005.against the order passed by the ..... act will prevail or the provisions of the life insurance (alteration of remuneration and other terms and conditions of service of employees) order, 1957 framed under the life insurance corporation act, .....

Malhari S/O Amruta Surnar (Deceased Through Legal Heirs Haribai Malhar ...

Court : Mumbai

..... by a tenant except under an order of the tahsildar, for which he shall apply in the prescribed form within a period of two years from the date of the commencement of the hyderabad tenancy and agricultural lands (amendment) act, 1957, or the date on which the right to such possession accrued to him whichever is later. ..... (3a) where a land holder proceeds for termination of the tenancy under sub-section (1) of section 46b, then notwithstanding anything contained in this act, the application for possession of the land shall be made to the collector who shall, after holding an enquiry, in the prescribed manner, pass such order thereon as he deems fit.the legal formalities of surrender are required ..... apex court held that powers required to be exercised under section 50(b)(4) of the andhra pradesh (telangana area) tenancy and agricultural lands act, though could be exercised at any time as provided in sub-section (4) yet such powers has to be exercised within a reasonable ..... we have said, if the surrender is not legal and one under the provisions of the act, there can be no acquiring of land as stated in section 34(3) through surrender. ..... case in hand, such list was published in 1957 and was not challenged by the landlord. ..... was held as surplus land holder under the maharashtra agricultural lands (ceiling of holdings) act, 1961 which had come into force. ..... act in favour of deceased malhari (original tenant) on 25.5.1957, the tahsildar, gangakhed passed order dated 16.8.1962 (exhibit a) to ..... : 2005(4) .....

Ramco Industries Ltd. Vs. Asstt. Commissioner of Taxes-2

Court : Sales Tax Tribunal STT Delhi

Reported in : (2007)9VST60NULL

..... in other words, the remedy of appeal to this authority which was available to the applicant under the unamended provisions of the cst act (inserted by act 41 of 2001) remains unaffected and the transfer of such appeal to the highest a.a.of the state under the amended section 25 does not and cannot arise.the counsel therefore submits that the appeal should have been kept on the file of this authority and decided on merits. ..... the order dated march 2, 2006 reads as follows: by virtue of section 25 of the act [substituted by section 7 of the central sales tax (amendment) act, 2005], all appeals (except appeals against orders of the highest appellate authority of the state) pending before the authority, shall stand transferred together with the records thereof to the highest appellate authority of the concerned ..... - (1) on and from the commencement of the central sales tax (amendment) act, 2005, all appeals (except appeals against orders of the highest appellate authority of the state) pending before the authority notified under sub-section (1) of section 24 shall stand transferred together with the records thereof to the ..... certain provisions of chapter vi were amended by the cst (amendment) act, 2005 (act 3 of 2006). ..... in the circumstances, the tribunal itself has to decide the appeal in terms of the mandate contained in the main provision of section 25(2) as amended by the cst (amendment) act, 2005. .....

Vimalabai Govind Juvekar Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1977Bom77; 1976MhLJ858

..... day of september, 1970, but before the commencement date, shall be deemed (unless the contrary is proved) to have been made in anticipation of or in order to avoid or defeat the object of the amending act, 1972.explanation -- for the purposes of this sub-section, a transfer shall not be regarded as made on or before 26th september, 1970, if the document evidencing the transfer is not registered on or before ..... person or a member of a family unit, after the 26th day of september 1970, but before the commencement date, transfers any land in anticipation of or in order to avoid or defeat the object of the amending act, 1972, or(b) any land is transferred in contravention of section 8, then in calculating the ceiling area which that person, or as the case may be, the family unit, is entitled to hold, the land so ..... case may be, any member of the family unit shall not, on and after that date, transfer any land, until the land in excess of the ceiling area is determined under this act.explanation -- in this section 'transfer' means transfer, whether by way of sale, gift, mortgage with possession, exchange, lease, assignment of land for maintenance, surrender of a tenancy or resumption of land ..... lands (lowering of ceiling on holdings) and (amendment) act, 1972, referred to hereinafter as the amending act, 35 acres of land was in possession ..... holding of the petitioner, more so when late govind juvekar died on 20th june, 1975, even before the commencement date of the amending act.5. .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... in bharati's case : air1973sc1461 for the proposition advanced by counsel that an ordinary law if it damages or destroys basic structure should be held bad or for the proposition that a constitutional amendment putting an act in the ninth schedule would make the provisions of the act vulnerable for the reason that they damage or destroy a basic structure constituted not by the fundamental rights taken away or abridged but some other basic structure.'64. ..... and submitted that the learned judges erred in their constitution of these provisions and that in fact no compensation was provided, but this question about the constitutional validity of the amending act does not really fall for consideration because learned counsel for the appellant did not contest the position that after the enactment of the ..... for the present purposes, therefore, it would suffice to observe that whatever is being questioned before us as a challenge to the constitution (fortieth amendment) act which amended the ninth schedule and put the amended statute dealing with rights in property, under the protection of art 31-b stands sufficiently negatived by the ratio in basic structure case itself, and further as explained by the learned judges in ..... . 25 of 1957) having been placed in the ninth schedule and having the protection of article 31-b because of constitution (seventeenth amendment) act, were questioned inter alia on the ground that there was absence of a provision for compensation for the acquisition .....

Smt. Ujawala Athare (Patil) Vs. Dr. (Mrs.) Asha Ravindra Paranjape

Court : Mumbai

Reported in : 2004(3)ALLMR856; 2004(6)BomCR434; 2004(2)MhLj1126

..... summons would call upon the defendant to appear and answer the claim and file his written statement on such day within 30 days from the date of the institution of the suit as may be specified, the amending act of 2002 allows to the defendant a period of 30 days from the date of the service of the summons to appear and answer the claim and to file the written statement; (ii) under the second proviso to sub-rule ..... of civil procedure (amendment) act, 1999 - in the code of civil procedure (amendment) act 1999, -' '(b) in section 32 in sub-section (2), -' '(ii) for clause (j), the following clause shall be substituted, namely:- '(j) the provisions of rules 1, 2, 6, 7, 9, 9-a, 19-a, 21, 24 and 25 of order v of the first schedule as amended or, as the case may be, substituted or omitted by section 15 of this act, and by section 6 of the code of civil procedure (amendment) act, 2002, shall not apply to in respect of any proceedings pending before the commencement of section 15 of this act and section 6 of the code of civil procedure (amendment) act, 2002;' 12. .....

Noor Ali and Others Vs. Additional District Magistrate (Executive), Va ...

Court : Allahabad

Reported in : AIR1997All347

..... own motion and shall on the report of the committee or on the application of any person aggrieved by the grant of any land made under section 14, whether before or after the commencement of the uttar pradesh bhoodan yagna (amendment) act, 1975, inquire into such grant, and if he is satisfied that the grant was irregular or was obtained by the grantee by misrepresentation or fraud, he may-(i) cancel the grant, and on such cancellation, notwithstanding anything contained in section 14 or ..... fails to grant any land in accordance with sub-section (>) within a period of three years from the date of vesting of such land in the committee or from the date of commencement of the uttar pradesh b hood an yagna (amendment) act, 1975, whichever is later, the collector may himself grant such land to the landless agricultural labourers in the manner pre scrihcjj and there urj on the granlce shall acquire the rights and liabilities mentioned ..... the land was allotted to them but later on collector exercised the powers under section 15-a of the act after giving them the opportunity to be heard and passed the order dated 26-4-1982 recalling his order dated 31-8-1976on the ground that the petitioners are not agricultural landless ..... to donate the land succeeded to a major extent and land donated under bhoodan yagna scheme was invested in committees constituted under the bhoodan yagna act to distribute the land or authorities constituted for that purpose and the various states passed enactments. u.p. .....

Narayani Vs. Aravindakshan

Court : Kerala

Reported in : AIR2006Ker26; I(2006)DMC155; 2005(4)KLT1

..... the learned counsel for the appellants argued that the marriage laws (amendment) act, 1976 (act 68/1976), hereinafter referred to as 'the amending act', came into operation, having received the assent of the president and published in gazette of india only on 27-5-1976 and that therefore, the provisions contained in section 16 of the act, as substituted by the amending act, could not apply to confer legitimacy on plaintiff and defendants 5 to 8 to succeed to the estate of ramunni, who died ..... of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj,(b) to any person who is a buddhist, jaina, or sikh by religion, and(c) to any other person domiciled in the territories to which this act extends who is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of ..... is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.'16. pek kalliani amma (supra) was decided by the apex court by ..... evidence on record, the trial court found that ramunni and p.w.2 had undergone the ceremonies of a marriage in 1957. .....

M/S.Gursharan Singh Vs. M/S.Bharat Petroleum Corpn. Ltd and

Court : Delhi

..... no.1 also contended that the issue of lack of jurisdiction of the arbitrators in respect of additional work beyond the contract can be raised for the first time in a petition under section 33 of the arbitration act, 1940 as the challenge to the arbitrators jurisdiction goes to the root of the matter, even if not taken during the arbitration proceedings and does not bar the objector/respondent no.1 from taking the same for ..... aviat chemicals pvt ltd and anr (supra) the suit was transferred on account of increase in pecuniary jurisdiction of the court and the amendment of the plaint was sought to claim higher amount of damages and to increase the value of suit for purpose of court fees and ..... value of the high court has been cs(os) 3768 a of 1991 page 14 of 21 enhanced on account of delhi high court (amendment) act, 2003 therefore the petition should not be tried by the hon'ble high court..24. ..... in r.k.silk mills (india) ltd (supra) the court had declined to appoint an arbitrator in a petition under section 11(6) of the arbitration and conciliation act, 1996 as the difference between the parties with regard to liability as well as to the quantum of loss were crystallized and consequently no further disputes remained with ..... on service of notice of filing of award the respondent no.1 filed objections under section 33 read with 16 and 33 of arbitration act being ia no.9364/1991 contending inter-alia that under the agreement, additional work beyond the scope and sweep of the agreement was .....