Court : Punjab and Haryana
..... , under the rules of 2011 as well as provisions of 2008 act, and also considering the admitted position that petitioner-company was in possession of land, it is indeed apparent that petitioner-company was entitled for allotment of land qua the portion in which it was in occupation as it falls under the definition of "unauthorized occupant" as envisaged in section 2(k) of 2008 act, as amended in 2010, and a finding of fact has been recorded by ..... such cases where it seems or it is found apparent from the record that an allotment has been made by the officers concerned beyond the purview or scope of the act or where any of the provisions of the 2008 act (as amended in 2010) or rules made thereunder have been violated. ..... 2008 act, as amended in 2010, the state government has been conferred with wide powers to call for the record at any time in any proceeding under the act and further to pass such order in relation thereto as in its opinion, the circumstances would require and is not inconsistent with any of the provisions contained in the act or ..... sufficient time to the petitioner-company for the payment of the aforesaid amount by following the provisions of 2008 act as amended in 2010 along with 2011 rules. ..... (b) as per the amended section 4 of the 2008 act (amendment made vide notification dated 06.04.2010), it was made clear that section 4-power to transfer evacuee property (1) notwithstanding anything to the contrary contained in any judgment, order, decree or decision of a court of .....
Tag this Judgment!Court : Karnataka
..... state of maharashtra [(1994)4 scc 602] (hitendra vishnu thakur), the hon'ble supreme court in the context of substantive and procedural law has laid down the ambit and scope of an amending act and its retrospective operation in the following terms: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects procedure, unless such a ..... state of gujarat and others [(1975) 2 scc 175], the hon'ble supreme court had occasion to consider vires of section 406 (2) (e) of the bombay provincial municipal corporations act, as amended by gujarat act no.5 of 1970 with regard to the entertainment of an appeal by a person, who had not deposited the amount of tax due from him and who had not been able to show to the appellate judge that the deposit of ..... subbaiah choudhry and others (air 1957 sc 540) (garikapati veerayya), it was submitted that the right of appeal is a vested right and such a right to enter the superior court or tribunal accrues to the litigant and exists as on and from the date the lis ..... indian tobacco association [(2005)7 scc 396], the question that fell for the consideration of the hon'ble supreme court was as to what would be the effect of subsequent notification, substitutingthe list of places specified in the original notification. .....
Tag this Judgment!Court : Karnataka
..... state of maharashtra [(1994)4 scc602 (hitendra vishnu thakur), the hon ble supreme court in the context of substantive and procedural law has laid down the ambit and scope of an amending act and its retrospective operation in the following terms: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects ..... bombay & two others (air1952sc324, the following observation made by the hon ble supreme court, in paragraph-7 are relevant: the rule is that when a subsequent act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier act must thereafter be read and construed (except where that would lead to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the ..... state of gujarat and others [(1975) 2 scc175, the hon ble supreme court had occasion to consider vires of section 406 (2) (e) of the bombay provincial municipal corporations act, as amended by gujarat act no.5 of 1970 with regard to the entertainment of an appeal by a person, who had not deposited the amount of tax due from him and who had not been able to show to the appellate ..... indian tobacco association [(2005)7 scc396, the question that fell for the consideration of the hon ble supreme court was as to what would be the effect of subsequent notification, substituting the list of places .....
Tag this Judgment!Court : Supreme Court of India
..... ram mehar (supra) this court after examining the scope of the expression market value in section 4(3) of the land acquisition (amendment and validation) act, 1967, held that solatium cannot form part of the market value of the land, rather the market value is only one of the components to be reckoned with in the determination of ..... same in the case of an award-decree under the land acquisition act or, is there anything in the land acquisition act, 1894 as amended by the land acquisition (amendment) act (68 of 1984) making that rule inapplicable or not wholly applicable?. ..... to compute the same with reference to the compensation awarded by the reference court from the date when the claimant decree holder is entitled strictly in accordance with the abovesaid provisions of the act including the solatium and pay to the appellant within 8 weeks from the date of receipt of copy of this judgment. ..... used the word market value in section 4(3) of the amending act of 1967 it must be held that it was done deliberately and what was intended was that interest should be payable on the market value of the land and not on the amount of compensation otherwise there was no reason why the parliament should not have employed the word compensation in the aforesaid provision of the amending act. ..... apposite in this context to point out that during the enquiry contemplated under section 11 of the act the collector has to consider the objections which any person interested has stated pursuant to the notice given .....
Tag this Judgment!Court : Andhra Pradesh
..... . 28.2 it is relevant to reproduce the statement of objects and reasons appended to the amendment act, which reads thus: statement of objects and reasons the mines and minerals (development and regulation) act, 1957 (mmdr act) is the central act which governs the development and regulation of mines and minerals in terms of the powers vested in the central government ..... minerals (development and regulation) amendment act, 2015 (for short the amendment act') notified in the extraordinary gazette dated 27.03.2015 and brought into effect on 12.01.2015, are unreasonable, arbitrary and unconstitutional being violative of articles 14, 19(1)(g), 39, 300(a) and 301 of the constitution of india, and second, a direction to the respondents to complete processing of their applications for prospecting licences made in accordance with the provisions of mines and minerals (development and regulation) act, 1957 (for short the principal ..... . mirzapur moti kureshi kassab jamat (2005) 8 scc 534)the supreme court while considering the significance and role of the statement of objects and reasons, not only in understanding the intend of the legislature but in interpreting the provisions of an enactment, in paragraph-69 observed .....
Tag this Judgment!Court : Mumbai Aurangabad
..... there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such all examination of the person arrested as is reasonably necessary in order to ascertain the facts which may ..... medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the indian medical council act, 1956 (102 of 1956) and whose name has been entered in a state medical register. 54. ..... it is the case of petitioner that when he was taken to ambad from navi mumbai, he was forced to take on hire a private car and threat was given to him that his brother in law may lose the job, if action is taken against brother ..... he has contended that he had taken petitioner from navi mumbai to ambad for the purpose of investigation and only due to insistence of petitioner, he had referred petitioner for such ..... 53 and 54 (as amended in 2009) of ..... 2 informed to khale police station from navi mumbai that he had taken petitioner in custody within their jurisdiction and he was taking the petitioner to ambad for the purpose ..... it is his case that from airoli, navi mumbai, he was taken to ambad police station in a car hired ..... 5 cohabited with the petitioner in airoli, navi mumbai where petitioner is staying due to his .....
Tag this Judgment!Court : Karnataka Dharwad
..... entire plaint averments contending that while admitting the plaintiff to the school the parents of the plaintiff has given information and as per the said information the caste of plaintiff was mentioned as hindu lingayat navi and there is no mistake of the school authorities and also contended that there is no cause of action arose for the plaintiff to file the suit and the suit filed by the plaintiff is barred by time, etc and ..... and it is submitted that, the petitioner had submitted a amended copy of the plaint, in this plaint also the typical mistake that ddpi, chikkodi, the same is also not intentional or deliberate one it is an a unavoidable circumstances. 19. ..... the substance of the entire plaint is that the petitioner and other family members belong to hindu- navi caste and by mistake, the school authorities have wrongly mentioned the caste as hindu-lingayat-navi ; that is sought to be corrected by filing the original suit. ..... it is not only confined to the amendment of the judgment or decree as envisaged under section 152 of the code but also inherent power in general. ..... the relatives of plaintiff also belong to hindu navi caste and community and also the family members of the plaintiff are identified and recognised by the public at large that they belong to hindu navi caste and they are performing the customs of hindu navi caste and community.4. ..... , nobody shall be prejudiced by an act of court.19. .....
Tag this Judgment!Court : Karnataka Dharwad
..... entire plaint averments contending that while admitting the plaintiff to the school the parents of the plaintiff has given information and as per the said information the caste of plaintiff was mentioned as hindu lingayat navi and there is no mistake of the school authorities and also contended that there is no cause of action arose for the plaintiff to file the suit and the suit filed by the plaintiff is barred by time, etc and ..... filing the suit, mandatory notice under section 80 of code of civil procedure was also issued to the said persons and admittedly, the suit was decreed as prayed for, declaring that the plaintiff belongs to hindu-navi and not hindu-lingayat navi and directed the defendants to correct the school records of the plaintiff by showing the caste as hindu ..... and it is submitted that, the petitioner had submitted a amended copy of the plaint, in this plaint also the typical mistake that ddpi, chikkodi, the same is also not intentional or deliberate one it is an a unavoidable circumstances. ? 19. ..... it is not only confined to the amendment of the judgment or decree as envisaged under section 152 of the code but also inherent power in general. ..... the substance of the entire plaint is that the petitioner and other family members belong to hindu-navicaste and by mistake, the school authorities have wrongly mentioned the caste as hindu-lingayat-navi'; that is sought to be corrected by filing the original suit. ..... , nobody shall be prejudiced by an act of court. 19. .....
Tag this Judgment!Court : Supreme Court of India
..... and whether grant of such noc is consistent with the regulations; whether the seizure of the goods made on 17.1.2014 when the application for grant of noc was yet to be finalized is contrary to the provisions of the ndps act read with the regulations in force; whether the rejection of the application for grant of noc on 14th march, 2014 was a fait accompli in view of the seizure already made and therefore an unacceptable exercise of state power ..... thereafter it appears, an investigation was carried out and on 14.8.2014 a complaint under section 36a(1)(d) of the ndps act was filed before the special judge (ndps act cases), ali baug, district raigad, maharashtra for alleged violation of sections 25a and 38 of the ndps act by one basant kalra, managing director of the first petitioner company for importing the controlled substance in question without obtaining the noc required under the regulations in force. ..... dated 18.10.2013 the requisite information was supplied alongwith the further information that the goods had been shipped on 27.07.2013 and had landed at the jawaharlal nehru port trust -nhava sheva port, thane, navi mumbai on 12.08.2013 and were "awaiting for customs clearance purposes. ..... the petitioner sought an amendment to the writ petition to challenge the said decision contained in the letter dated 14.03.2014. ..... the amendment sought was allowed. .....
Tag this Judgment!Court : Supreme Court of India
..... which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 (46 of 1950) or the navy act, 1957 (62 of 1957) or the air force act, 1950, (45 of 1950) as the case may be; or if sentence is found to be excessive, illegal or unjust, the tribunal may- remit the whole or any part of the ..... sentence, with or without conditions; (ii) mitigate the punishment awarded; (iii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950, (46 of 1950) the navy act, 1957 (62 of 1957) and the air force act, 1950, (45 of 1950) as the case may be; enhance the sentence awarded by a court -martial: provided that no such sentence shall be enhanced unless the appellant has ..... essential feature of judicial review cannot be dispensed with but it would be within the competence of parliament to amend the constitution and to provide alternative institutional mechanism or arrangement for judicial [pic].review, provided it ..... in high courts or supreme court, the ministry stated: "clause 30 of the armed forces tribunal bill, 2005 provides that an appeal against the final decision or order of armed forces tribunal shall lie to the ..... the ministry of defence in a written note stated: "the proposed armed forces tribunal bill, 2005 does not envisage a situation where an accused can approach the high court in an .....
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