Court : Mumbai
Reported in : 2006(1)MhLj88
..... petition and get the relief of quashing the order of detention, the petitioner has to show that particular procedural safe guard provided under the act is not followed by the detaining authority and the said safe guard touches to the root of the matter, namely the detention itself ..... . from the perusal of the judgment of the said case it appears that point with regard to application of section 5a of the said act was not at all argued before the said court and as the court was of the view that it was a case of total non application of mind on the part of ..... him and considering the previous history of the petitioner was subjectively satisfied that the petitioner is a dangerous person and in order to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order, he passed the above mentioned order of detention against the petitioner. 8 ..... fact considering the provisions of section 5a of the national security act which are parameter with the provisions of section 5a of the maharashtra prevention of dangerous activities of slumlords bootleggers, drug offenders and dangerous persons act, 1981 ..... no.1, the commissioner of police, pune on 17.11.2004 in exercise of the powers conferred by section 3(1) of the maharashtra prevention of dangerous activities of slum lords, boot leggers, drug offenders and dangerous persons act, 1981. ..... be mentioned in respect of above cited ruling is that the said decision is of the year 1981 when section 5a was not inserted in the said act .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)MhLj1166
..... (hereinafter referred to as 'the detenu') is detained by the commissioner of police, mumbai under an order of detention dated 30 april issued under the provisions of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 ('the said act' for short), with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1999Kant112; ILR1999KAR8
..... finance of the board had been dealt with under chapter vii and the judicial proceedings under chapter viii.the scheme of the act does not in any way show the interference of the state in the matters of religion thus allegedly violating the guarantees as provided under articles 25 and 26 of the constitution. ..... in digyadarsan rajendra ramdassji varu v state of andhra pradesh and others, where the provisions of andhra pradesh charitable and hindu religious institutions and endowments act were challenged on the ground of being in contravention of article 26 of the constitution, the apex court held:'on the question whether sections 46 and 47 of the act contravene articles 25 and 26, a good deal of reliance has been placed on the observations in the first shirur math's case, : [1954]1scr1005 . ..... (h) at present, the wakf act, 1954 is not applicable to uttar pradesh, west bengal, parts of gujarat, parts of maharashtra and some of the north-eastern states. ..... however, during the arguments, the learned counsel for the petitioner, restricted his arguments regarding the constitutional validity of section 14(1)(b) of the act and did not argue with respect to the validity of other sections prayed in the writ petition to be declared as unconstitutional.2. ..... the principles of equality does not mean the universal application of laws for all persons who are not by nature, attainment or circumstances in the same position. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(51)BLJR580; JT2002(9)SC486; (2002)8SCC481a; (2002)3UPLBEC2961
..... : [1969]2scr73 section 48-a of the bihar state university act, 1960 was struck down for completely removing the autonomy of xavier's college (a different college) which was protected under article 30, holding that the scope of article 30 could not be ..... not only the choice of the institution to be established and administered by the minorities, like institution for elementary, primary, secondary, university, vocational and technical and medical education, but also the choice of the students who have to be imparted education in such institutions. ..... and the college society challenged the validity of certain sections particularly section 33a(1)(a) (providing for selection of governing body, etc), sections 40, 41, 51(a)(1) & (2) and 52(a) of the gujarat university (amendment) act, 1972, principally on the ground that they violated the petitioners' rights under article 30. ..... was held that the directive for the exclusive use of the punjabi language in the gurmukhi script as the medium for instruction in all colleges of the university directly infringed the petitioners' right to conserve their script and administer their institutions. ..... in the system prevalent in almost all countries, the state or universities prescribe syllabi in different courses, conduct examinations for awarding certificates and degrees which enable the students/trainees to pursue higher education or secure employment or practice any profession or ..... and of the privy council in administrator-general of bengal v. ..... (1981)illj1sc .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD309
..... by order specify in this behalf,(b) 'educational institutions' means any primary school, middle school and high school recognized by the state government or central government, junior college or any college affiliated to any university established by law,(c) 'high way' means national high way or state high way and shall not passes within the limits of municipal corporation, municipal council or the gouthan in any village or panchayat ..... specify in this behalf;(b) 'educational institutions' means any primary school, middle school and high school recognized by the state government or central government, junior college or any college affiliated to any university established by law:(c) 'high way' means national high way or state highway and shall not include the part of the national highway or state highway which passes within the limits of municipal ..... the respondents applied for and were granted permits under the provisions of the maritime zones of india (regulation of fishing by foreign vessels) act, 1981 in short 'the act' and the maritime zones of india (regulation of fishing by foreign vessels) rules, 1982 (in short 'the rules'). ..... 's case (supra), the supreme court examined challenge to the constitutionality of andhra pradesh prohibition act, 1995, referred to the constitution bench judgment in khoday distilleries's case (supra), and held:the contention that a citizen of this country has a fundamental right to trade in intoxicating liquors refuses ..... north and east devon health .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... (ii) where a registered dealer was enjoying the facility of exemption for payment of tax extended to him under the provision of adopted bihar finance act 1981 for his having established new industrial unit in the state or undertaken expansion, modernization or diversification in such industrial units immediately before the appointed day, may be allowed to convert the facility of exemption from ..... in the official gazette, exempt any sales or purchases made to or by a class of dealers or persons specified in the said notification from payment of the whole or any part of any tax payable under the provisions of this act and any notification issued under this section may be issued so as to be retrospective to any date, not earlier than the appointed date and such exemption shall take effect from the dale of the publication of the ..... by virtue of government's notification dated 15th december, 2000 issued by the governor of jharkhand, the bihar finance act, 1981, the central sales tax (bihar) act, 1956 and all notifications made thereunder and other various acts, rules and regulations having been enforced and applied in the state of jharkhand after its creation, the present state of jharkhand is bound by all such statutory provisions and notifications, issued during the ..... also placed on record various notifications issued by the states of madhya pradesh, karnataka, punjab and west bengal, wherein, exemption from sales tax is continuing even when the states have adopted the value added tax .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... the calcutta high court, following the observations of the federal court in ralla ram's case , negatived the contention by holding that the real distinction between these two acts seems to be that whereas the income-tax act purports to tax the true income, there is no such pretence in the west bengal panchayat act which uses the annual value merely for the purpose of valuation of the property to be taxed. 43. ..... (5) 'architect' means any person whose name is, for the time being, entered in the register of architects maintained under section 23 of the architects act, 1972 (20 of 1972), and also includes any commercial concern engaged in any manner, whether directly or indirectly, in rendering services in the field of architecture ; . . ..... in this case, the office of a chartered architect was sought to be brought within the purview of the madras shops and establishments act and the court upheld the contention of the chartered architect that the tax was meant to cover shops and establishment which are associated with the carrying on of trade or commerce and cannot take in ..... : [1974]3scr760 , the apex court quoted with approval the following scintillating observations made by american judges and jurists (page 1314) : ' 'statutes are directed to less than universal situations. ..... state of haryana : [1981]2scr364 : 'before exclusive legislative competence can be claimed for parliament by resort to the residuary power, the legislative incompetence of the state legislative must be clearly .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR197; 2003(1)MhLj210
..... caused to him by termination ofhis service by allowing him to withdraw the amountof rs.12,000/- deposited by appellant on twooccasions.observations of the supreme court thatthe college is not a statutory body merely becauseit is affiliated to the university and governed bythe provisions of the university act or statutesframed thereunder, squarely meet and nullify theargument of advocate shri shelke that the case ofplaintiff is governed by third exception as laiddown in the case of executive committee of uttarpradesh ware housing corporation (supra), based ..... laxmi narayan : (1976)iillj163sc , wherein it was observed by the supreme courtthat the executive committee of degree college,which is registered under the registration ofcooperative societies act, and is affiliated toagra university (subsequently to meeratuniversity) is not a statutory body, merelybecause it is affiliated to the university or isregulated by the provisions of the university act,or the statutes made thereunder. ..... babasaheb ambedkar marathwada university act.in the second, it was based upon section 9 of themaharashtra employees of private school(conditions of service regulation) act. ..... babasahebambedkar marathwada university act 1974. ..... pronouncements and propoundedthat it was not open for the plaintiff to withdrawhis resignation, once acceptance of the same wascommunicated to him by letter dated 19.9.1977, asper decision of the local management committee inits meeting dated 17.9.1977.in : (1981)illj358sc p. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD(Cri)338; 2005(3)ALT487
..... of maharashtra : 1992crilj769 , which arose under maharashtra prevention of dangerous activities of slumlords, bootleggers and drug offenders act, 1981, which contained provisions similar to those of the act ..... . state of west bengal, : 1970crilj1136 the true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act, but in the degree and extent of its reach ..... . state of west bengal : 1970crilj852 and rashidmiya's case (14th cited supra), held that merely because a bootlegger cannot be preventively detained under the provisions of the act, but it must be ensured that his activities affected adversely or likely to affect adversely the maintenance of ..... state of west bengal : 1974crilj1479 while dealing with the constitutional validity of the maintenance of internal security act, 1991 observed thus:'the essential concept of preventive detention is that detention of a person is not to punish him for something he has done but to prevent him from doing ..... . state of west bengal : 1970crilj1136 , the supreme court had an occasion to deal with distinction between the law and order and public order, the court observed thus:'that public order would embrace more of the ..... . state of west bengal : 1970crilj852 , the supreme court held as follows:'...........it is true some incidents of beating by the petitioner had taken place, as alleged by ..... . state of west bengal : 1975crilj1329 , wherein the detention order was challenged on the ground .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP257
..... present in rudraram village and surrounding villages of patancheru mandal, medak district, having regard to the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, 1981, and the environment (protection) act, 1986 and the rules made thereunder, the likely effect of the setting up of the mechanised slaughter house at rudraram village on the prevailing environment, and ..... , the central government shall consider the same, having regard to the provisions of the water (prevention and control of pollution) act, 1974, the air (prevention and control of pollution) act, (981, the environment (protection) act, 1986 and the industries (development and regulation) act, 1951 and pass appropriate orders in relation to the establishment of the mechanised slaughter-house (abattoir) at rudraram village, patancheru ..... x x x x x x 'it is only when courts are apprised of gross viplation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying the ..... state of west bengal, air 1987 sc 1109 wherein it was held as follows at page 1114:'where an administrative action or order of the government involves the problem of environment and ..... of the north wales police .....
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