Court : Supreme Court of India
Reported in : AIR2001SC218; JT2003(8)SC413; (2004)1SCC256; [2003]134STC610(SC)
..... exercising the power delegated by the central government by the abovesaid notification, the state of tamil nadu promulgated the tamil nadu scheduled articles (prescription of standards order), 1977, in the interest of toning up the supply and availability of certain essential articles, as also for maintaining and raising the standards of quality of supply and sale of such articles. ..... act in the purported exercise of the power delegated by the central government to make an order applicable to tea, by wrongly assuming tea to be a foodstuff, the several provisions of the tamil nadu scheduled articles (prescription of standards) order, 1977, must be held to be ultra vires the power of the state government to the extent to which it makes provisions in relation to tea. ..... short title, extent and commencement: - this order may be called the tamil nadu scheduled articles (prescription of standards) order, 1977, it extends to the whole of the state of tamil nadu. 2. ..... challenge to the constitutional validity of the tamil nadu scheduled articles (prescription of standards) order, 1977 (hereinafter referred to as the order, for short) in its application to 'tea' having failed, the appellants are in appeal by special leave. ..... some of the provisions of the order insofar as relevant for the purposes of this judgment are extracted and reproduced hereunder:-the tamil nadu scheduled articles (prescription of standards) order, 1977 (g.o. ms.no. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant329; ILR2001KAR2506; 2001(4)KarLJ444
..... and provided further that the above fees shall be collected by the management in addition to the special development fees and term fees stipulated in the karnataka educational institutions (classification, regulation and prescription and curricula) rules, 1995. ..... - (1)notwithstanding anything contained in any rules made in this behalf and in lieu of tuition fee charged under rule 10(2)(b)(ii) of the karnataka education institutions (classification, regulation, prescription of curricula etc. ..... in this behalf, the first set of rules thus framed is described as karnataka educational institutions (classification, regulation and prescription of curricula, etc. .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(5)KarLJ493
..... in exercise of the powers under section 145, state government has framed rules called as karnataka educational institutions (classification, regulation and prescription of curricula, etc. ..... the state of karnataka purporting to exercise its power under section 145 of the karnataka education act, 1983, has framed what is known as the karnataka educational institutions (classification, regulation and prescription of curricula, etc. ..... since in all these writ petitions the challenge is made to the karnataka educational institutions (classification, regulation and prescription of curricula, etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP151
..... therefore it is clear that the plaintiff has acquired the right of receiving light and air through the two ventilators v-l and v-2 by enjoyment for over the prescriptive period under section 15 of the indian easements act, 1882 (hereinafter called the act) because the said act applies to this area,5. ..... 'the opinion of the lord chancellor in that case is equally clear on the essential points that the easement acquired by ancient rights is not measured by the amount of light enjoyed during the period of prescription, and that there is no infringement unless that which is done amounts to a substance 'justice umamaheswaram purported to follow this statement of law. ..... the said section says that with respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect:-'(c) the extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purpose for which it has been used. ..... which define the applicability of the act, and also the extent of the easementary right to light and air acquired by prescription under section 15 of the act. ..... it was also pointed out that 'the nature of the right to light & of an infringement was not altered by the prescription act (2 and 3 will. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4907; 2006(3)KarLJ554
..... under these circumstances, permission to establish an educational institution, we must take the view, obliges such an institution to reserve certain percentage of seats in the institution, in the light of the prescription to be made by the state.10. ..... in the writ petition the appellant had called in question the constitutional validity of rules 12,14 and 15 of the karnataka educational institutions (classifications, regulation and prescription of curricula etc. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4043
..... the state of karnataka purporting to exercise its power under section 145 of the karnataka education act, 1983, has framed what is known as the karnataka education institutions (classifications, regulation & prescription of curricula etc) rules, 1995 and enforce these rules in respect of kindergartens, play homes, and nurseries run by the petitioners' institutions. ..... since in all these writ petitions the challenge is made to the karnataka educational institutions (classifications, regulation and prescription of curricula, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555
..... with rule 126 of the central motor vehicle rules, 1989 (ii) chapter vii rule 160 read with rule 206, 207 and 208 of the maharashtra motor vehicle rules, (iii) overall dimensions of motor vehicles (prescription of conditions for exemption) rules, 1991 and (iv) notifications issued under rule 12(1) of central motor vehicle rules, 1989 and section 109(3), 110(1)(k) of the motor vehicles act as also appropriate instructions issued by the central government .....
Tag this Judgment!Court : Kerala
Reported in : AIR2010Ker55
..... is it necessary that the use of a pathway to transform into a right of easement by prescription under section 15 of the indian easements act (for short, 'the act') the dominant owner has to prove that such user was with notice to the servient ..... hence for acquiring a right of easement by prescription the enjoyment should be nec clam, i.e ..... 3, appellant had filed a suit claiming prescriptive easement, it is a different matter that she was not successful in that attempt ..... 1 acquired right of easement by prescription over the pathway having width of eight feet passing through item ..... during the very same period appellant claimed easement by prescription against respondent no. 2. ..... to give title by prescription use and enjoyment of the right claimed must be adverse to the right of servient owner and acquiesced in by ..... 307 it is held that if enjoyment of the alleged easement has been secret and unknown and unsuspected by the plaintiffs or their predecessors, it was not of such a character as would establish a prescriptive right. ..... court held that the law in india in that respect is different from acquisition of right of easement under the english prescription act.7. ..... counsel for appellant contends that alleged user of the pathway without notice to and without the knowledge of appellant, cannot be said to be adverse to the appellant and hence the user would not transform into a prescription right. ..... chunder roy chowdry ilr 1884 (cal) 214, suit was to establish a right of easement by prescription. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant292; AIR1965Mys292; ILR1965KAR194; (1965)1MysLJ375
..... upon another passage from 'gale on easements' (13th edition by michael bowles, page 220):'where the right to light is claimed under the prescription act, 1832, the enjoyment must have been had to and for a building, in which there must be some aperture. ..... where is has been laid down that section 3 of the prescription act, 1832 applies to windows or apertures in the nature of windows or apertures in the nature of windows and not to door-way openings which were primarily constructed for the purpose of being closed and thus excluding light and that there could be no prescriptive right to light passing through an ordinary doorway when it is ..... section 28(c) lays down that'the extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has ..... elementary principle in physics that the light always travels in straight line, and unless the party claiming easementary right to light and air establishes that he had received light in that manner for the prescriptive period his right based on easement cannot be upheld. ..... 'so according to the indian law the prescriptive right to light and air can be acquired even ..... proposition excluding the doorway from the category of apertures for acquisition of easementary rights to light and air is deduced from the provisions of prescription act of 1832. .....
Tag this Judgment!Court : Chennai
Reported in : 2001CriLJ2142
..... p9 public analyst report, he filed a chargesheet under clause 3 of the tamil nadu scheduled articles (prescription of standards) order, 1977 read with section 7(i)(a)(i) of the essential commodities act, before the special court under the e.c. ..... 64 of 1992, convicting the appellant/accused under clause 3 of the tamil nadu scheduled articles (prescription of standards) order, 1977 read with section 7(i)(a)(ii) of the essential commodities act and sentencing him to undergo r.i. ..... mlw (cri) 211, that the relevant section of the prevention of food adulteration act for taking sample and sending it to the public analyst would be applicable to the prosecution case under tamil nadu scheduled articles (prescription of standard) order, 1977.10. .....
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