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M.i. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu and ors.

Court : Supreme Court of India

Reported in : AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818

..... and parking it may still have the appearance of a park with grass grown and path laid but it has lost the ingredients of a park inasmuch as no plantation now can be grown. trees cannot be planted and rather while making underground construction many trees have been cut. now it is more like a terrace park. ..... . narrow consideration that a few crores of rupees have been spent on the construction cannot come into consideration when the construction is in clear violation of the act, the development act and article 21 of the constitution. that crores of rupees have been spent is an argument which is advanced in every other case of unauthorised construction.13. ..... the sanctioned building plans by the mahapalika was valid as that was not the issue before the high court.13. mahapalika is a body corporate constituted under the act. the act provides for various functions of the mahapalika and how these are to be performed. its various authorities are described in section 5 which is as under:5. .....

Madras Fertilizers Ltd. Rep. by Its Executive Director (P and A) Vs. E ...

Court : Chennai

..... esi, it is necessary to refer to the judgment of this court in madras race club represented by its secretary mr. dharmasenan ebeneser v. the secretary to governmen, labour and employment department and ors. reported in . in paragraphs 10 to 12, it was observed as follows:10. ...submitted that the order of the state government is ..... petitioner club dated 06.04.1997 the annexure appended shows that many of the benefits covered by the esi act were not extended.12. in any event, courts have repeatedly held that an exemption from the operation of a labour legislation is not automatic and there is no vested right on any employer to seek for an exemption. ..... only the benefits are superior compared to the esi act. the esi act is a social welfare legislation and the subscription paid by the employer and employees .....

R.B. Shreeram Religious and Charitable Trust and ors. Vs. the Nagpur I ...

Court : Mumbai Nagpur

..... (for short, hereinafter referred to as the n.i.t. act ). it is the case of the plaintiffs in the suit that the appellant-trust came into existence by virtue of indenture made on 15.2.1951 by sheth raibahaddur daluramji of tumsar. the trust was allotted an open site by the n.i.t. opposite to the ..... been made on the suit plot the revised plans have been submitted to the competent planning authority i.e. n.m.c. under the maharashtra regional & town planning act, 1966. there is enabling provision in favour of the appellants to apply for regularization of constructions made in excess or without prior sanction. the appellants are certainly entitled to ..... the n.i.t. gets right under the terms and conditions of the original allotment order, its regulations, the land disposal rules and enabling power under n.i.t. act as authority under law, to take possession by giving appropriate notice in accordance with law. he relied on the following decisions. (i) akbar karimuddin malik v. nagpur improvement .....

State by Police ChltradurgA. Vs. R.Vishwasagar and Fapanaik Son of Ram ...

Court : Karnataka

..... )(c). 59. the learned government advocate would submit that accused being in charge of an educational institution meant for rehabilitation of orphans, children engaged in child labour, had sexually exploited victim and there are no special reasons to reduce the sentence from the minimum sentence of rigorous imprisonment for a period of 10 years. ..... and remain in sharada hostel. in the meanwhile, thippeshi was spreading rumours that he had fallen in love with the victim. the victim informed the illegal acts committed by accused to thippeshi. the said thippeshi took the victim to accused, the said thippeshi questioned the accused. ihe victim was not aware as to ..... from punishment for an offence punishable under section 376 ipc'. the accused left the victim in chiguru child development institute and came back to chitradurga. the act of rape committed by accused and subsequent termination oi pregnancy carried by victim at the instance of accused were made known to pw13 by the victim. thereafter .....

Anowar HussaIn and anr. Vs. Ajoy Kumar Mukherjee and ors.

Court : Guwahati

..... case and the law applicable to the circumstances of the case and they are as follows : (1) that the suit is barred under the provisions of the judicial officers protection act (act xviii) of 1850; (2) that there was no cause for relief against any of the defendants including defendant no. 3; (3) that compensation if any, should be decreed ..... too literally. the word 'cognizance' came up for consideration by the supreme court in the case of 'r. r. chari v. the state of uttar pradesh' reported in air 1951 sc 207 (m). their lordships however quoting section 190 of the criminal procedure code commented that it is clear from the wordings of the section that the initiation of the proceedings against ..... defined. it is not a word which is of definite import. it has been laid down by their lordships of the supreme court in the case reported in air 1951 sc 207 (m) that before it can be said that any magistrate has taken cognizance of any offence under section 190, he must have applied his mind to the .....

Baramati Grape Industries Ltd. and ors. Vs. the State of Maharashtra a ...

Court : Mumbai

Reported in : 1998(1)ALLMR352; 1997(3)BomCR190

..... contention is raised regarding beer and wine industries. the price control in relation to this industry is fully covered by section 18-g of the industries (development and regulation) act, 1951 and, therefore, the state legislature has no power to make law for fixing the maximum retail price of beer or wine.43. in our view, in these petitions, ..... . the burden is proving not possible 'inequality' but 'unequal' treatment. this is more so when uniform taxes are levied. it is not proved to us how the different plantations can be said to be 'hostilely or unequally' treated. an uniform wheel tax on cars does not take into account the value of the car, the mileage it runs, ..... arbitrary and discriminatory.' 12. the court further considered a contention to the effect that tea leaves produced in a tea estate are equally the produce of land + capital + labour and any tax/cess imposed with reference to such produce cannot be said to be a tax on land only within the meaning of entry 49 of list ii. the .....

Alsecure and Protection Services (i) and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2009(111)BomLR4111

..... better provisions for their terms and conditions of employment and welfare through the establishment of a board there for. it is thus clear that the state act is a labour legislation enacted by the state legislature for making better provisions for the terms and conditions of employment of the private security guards and their welfare. ..... , 42, 43 and 46 of the constitution of india. (ii) it is their further contention that the amending act is repugnant to the provisions contained in the contract labour (regulation and abolition) act, 1970. this act is an earlier law made by the parliament and it occupies the same field and since no assent of the president ..... employers to seek exemption under that section is totally misconceived for the following reasons: (a) the security guards act is essentially enacted to do away with the evil of the middle man trafficking in human labour. to achieve this aim, the state legislation is enacted to bring about total stoppage of the agencies' business. .....

P.C. Dental College, Bangalore Vs. the Dental Council of India, New De ...

Court : Karnataka

Reported in : AIR1994Kant282; ILR1994KAR1201

..... of colleges or institutions imparting professional training like medical, dental, nursing, pharmacy, engineering and teachers training courses. dental colleges are no exception and the dentists act as amended, specifically reiterates this position. to have it any other way would be to the detriment of the students and quality of education to be ..... graduates and to ensure availability of proper facilities and teaching staff in the interests of public. 11. section 10-b of the dentists (amendment) act, 1993 lays down that any dental qualification granted by any dental institutions established without central government's permission, shall not be a recognised dental qualification for ..... student of such institution on the basis of the increase in its admission capacity shall be a recognised dental qualification for the purpose of the act.section 10c makes it mandatory for institutions newly established or institutions which opened a new or higher course of study or training or institutions which .....

Jitendra NaraIn Gangwar and ors. Vs. U.P. Technical University at Luck ...

Court : Allahabad

Reported in : 2003(4)AWC3266

..... 25. education, including technical education medical education and, subject to the provisions of entries 63, 64, 65 and 66 of list i, vocational and technical training of labour.' entry 25 is subject, inter alia to entry 66 of list i, entry 66 of list i is as follows : '66. co-ordination and determination of standards ..... is clear from the definition of the term 'technical education' any programme of education in pharmacy is also technical education within the meaning of the 1987 act. the 1987 act is referable to entry 66 of list i of the 7th schedule to the constitution which reads thus : 'co-ordination and determination of standards in ..... shall compound, prepare, mix or dispense any medicine. contravention of this provision has been made punishable with imprisonment or fine. in nutshell, under the 1948 act the pharmacy council of india through its education regulations prescribes the minimum standard of education required for qualification as a pharmacist and approves the courses of studies .....

Raja Bhairebendra Narayan Bhup Vs. the State of Assam

Court : Supreme Court of India

Reported in : AIR1956SC503; 1965CriLJ608; [1956]1SCR303

..... of the subordinate judge of lower assam district at dhubri praying, inter alia, for a declaration that the assam state acquisition of zamindaris act, 1951 (assam act xviii of 1951) as amended by assam act vi of 1954 was not validly passed, was not law at all and was unconstitutional, ultra vires and void and for a declaration ..... raja's t. s. no. 1 of 1955. the issues common to the two suits were as follows :-(1) whether the assam state acquisition of zamindaris act, 1951 (assam act xviii of 1951) and its amendments are within the competence of the state legislature and whether they were enacted according to law ? (2) whether the notification no. rt. ..... forwarded to the president and on the 27th july 1951 it received the assent of the president and became assam act xviii of 1951. the act was published in the assam gazette of the 8th august 1951. on the 11th september 1951 the legislative assembly passed a bill amending assam act xviii of 1951 in certain particulars and this bill, having been .....