Court : Allahabad
Reported in : 2006(3)AWC2915
..... part.21. it is admitted to all that subject of levy of 'toll tax' is covered under stale list ii, schedule vii, constitution of india.the general clauses act. 1897 (central act)central and state both define expression 'enactment' as follows:(19) 'enactment' shall include a regulation (as hereinafter defined) any regulation of the bengal, madras or bombay ..... corporation adhiniyam, 1959 that the powers referring to power to levy 'toll-tax' on 'motor vehicles' has been taken away as a consequence of enforcement of amending act- u.p. act no. 5 of 1991, which deleted the relevant clauses of section 172(2) of the adhiniyam.25. learned counsel for the petitioner has placed reliance on the ..... 'laid down by the apex court in the in the aforesaid cases it is submitted that power to levy toll tax having been withdrawn by virtue of amending act u.p. act no. 5 of 1991, no toll tax can be levied by cantonment board meerut. under existing provisions, the board cannot justify imposition of 'toll' in .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ARBLR510(Bom); 2006(5)BomCR155
..... are the subject matter of the arbitration agreement; (b) securing the amount in dispute in the arbitration. (c) the detention, preservation or inspection the detention, preservation or inspection the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question ..... needs to be executed. in the absence of any specific limitation provided thereunder, necessary implication is that the general law of limitation provided in the limitation act (act 2 of 1963) stands excluded. the division bench, therefore, has rightly held that no limitation has been prescribed and it can be executed at any ..... the supreme court case 'uttam n. mahale' is concerned, it is submitted that that judgment deals with an application for execution under mamalatdars court act. that act does not contemplates any application being filed for execution and therefore, the observations of the supreme court in that case have to be read in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR152
..... sub-section (1) of section 103-b refers to the application to the board requesting the state government to acquire the land in the interest of better preservation, the expression 'better preservation' is not independent of the structural repairs and the submission is correct and deserves acceptance. the advantage of sub-section (1) of section 103-b is ..... to be decided not by metaphysical subtilty, nor as a matter of semantics, but by a broad and liberal approach and the wood should not be missed for the trees. a reference can be usefully made to the decision of the supreme court reported in a.i.r. 1990 sc 133, tinsukhia electric supply co. ltd. v. ..... it is not in dispute that the provisions of bombay building repairs and reconstruction board act, 1969 were applicable in respect of levy of cess to buildings in city of bombay. it was contended that in case the object of the legislation is to preserve the old buildings by undertaking work of structural repairs or by reconstruction, then the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR86; 1993(1)KarLJ84
..... there is no facility whatsoever for storing, shifting, drying or cleaning the dry fish which is absolutely necessary to carry on the business in hygienic manner and preserve the dry fish in good condition. it is stated that the opening ceremony of the new sheds in the central market was held on 15-8-1985 and ..... the decision of this court in savithri's case. 44. another aspect that is required to be considered in this case is that the karnataka municipal corporations act, 1976 (karnataka act no. 14 of 1977) is a self-contained code and apart from the special power conferred upon the corporation under section 370, there are other provisions ..... statue which is ultra vires the constitution; (2) where the statute is intravires but the action taken is without jurisdiction; and (3) an authority under an obligation to act judicially passes an order in violation of the principles of natural justice. these categories are, of course, not exhaustive. in naresh shridhar mirajkar v. state of maharashtra : .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... the importance of public projects for the betterment of the conditions of living of the people on the one hand and the necessity for preservation of social and ecological balances, avoidance of deforestation and maintenance of purity of the atmosphere and water free from pollution on the other in ..... to the sixth and the ninth respondents by the state pollution control board. (i) contravention of the provisions of the maharashtra regional and town planning act, 1966, and the development control regulations forgreater bombay, 1991 : ***** the bombay municipal corporation having followed consistently the practice of extending the development ..... sanctioned development plan. (h) challenge to permission granted by the state pollution control board. (i) contravention of the provisions of the maharashtra regional and town planning act, 1966, and the development control regulations for greater bombay, 1991. (j) contravention of the development control regulation no. 59. (k) amalgamation of sixth and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2956
..... should be otherwise specified. it may perhaps be possible to exercise greater control and vigil over the operations and strike a balance between the preservation and utilisation. that would indeed be a matter for expert body to examine and on the basis of the appropriate advice, government should take ..... streams and rivers, estuarine complex mangrove vegetation and sandy shore. scenery of the site are pockets of low land, general fauna consists of evergreen deciduous trees with rich plant diversity. the general fauna of the area is diverse and rich with significant lower group and higher animals. a good variety of insects ..... issues2. the chairman will be an outstanding and experienced ecologist or environmentalist or technical professional with wide managerial experience3. the representative of iaa will act as member secretary4. chairman and members will serve in their individual capacities except those specifically nominated as representatives5. the membership of a committee shall .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(5)BomCR95
..... facilities centre of the fishery survey of india ('fsi'). the construction is sought to be impugned, inter alia, by two associations representing residents interested in preserving ecology and the environment. the contention of the petitioners before the court is that the construction is within the prohibition of the coastal regulation zone notification ..... that it is only in july/august, 2002 that the impugned construction which by then reached the level of the third floor became visible above the tree line. counsel appearing on behalf of the petitioners also submitted that the statement contained in paragraph 22 of the affidavit dated 23rd september, 2002 in ..... advert to the provisions of the crz notification dated 19th february, 1991 issued by moef in exercise of powers conferred upon it by the environment (protection) act, 1986 and the rules framed thereunder. the notification declares that the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... of cows and her progeny which included bulls, bullocks, heifers and cows. in the state of madhya pradesh, it was the c.p. and berar animal preservation act (act lii of 1949) which was amended and applied. it imposed a total ban on the slaughter of cows and female calf of a cow. the male calf ..... for agricultural purposes; it is hereby enacted ...as follows:'the statement of objects and reasons stated inter alia -'it is now proposed to repeal the bombay animal preservation act, 1948 and to undertake fresh legislation, on the basis of a model bill recommended by the government of india, in order to stamp out slaughter in unauthorized ..... has traditionally been produced in india from cow dung (gobar gas). however, dung is not adequately and equitably available in villages. technologies have now been developed for using tree-based organic substrates such as leaf litter, seed starch, seed cakes, vegetable wastes, kitchen wastes etc. for production of biogas. besides cooking, biogas can also be .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR352; 1991(1)KarLJ240
..... of public vaccination; (17) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances; (18) the planting and maintenance of trees on road sides and elsewhere; (19) the construction, maintenance, alteration and improvement of public streets, bridges, sub-ways, culverts, cause-ways and the like; (20) ..... corporation takes over the said areas for maintenance, the powers and functions of the corporation or a standing committee thereof under the karnataka municipal corporation act, 1976 (karnataka act 14 of 1977) specified in schedule-ii shall be exercised and discharged by the b.d.a. and the powers and functions of the commissioner ..... official gazette of 2-10-1989 that in exercise of the powers conferred by sub-section (1) of section 29 of the bangalore development authority act, 1976 (karnataka act 12 of 1976), the government of karnataka declares that in the areas specified in schedule-i, with effect from the date of publication of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)
..... and the delhi development authority is additionally re-inforced by section 17 of the inter state migrant workmen (regulation of employment and conditions of service) act 1979 in so far as migrant workmen are concerned. it is obvious, therefore, that the union of india, the delhi administration and the delhi development ..... breach of a constitutional prohibition being committed by their own contractors. so also with regard to the observance of the provisions of the equal remuneration act 1946, the union of india, the delhi administration and the delhi development authority cannot avoid their obligation to ensure that these provisions are complied with ..... of carrying out the construction work of the projects and they were registered as principal employers under section 7 of the contract labour (regulation and abolition) act, 1970. the contractors started the construction work of the projects and for the purpose of carrying out the construction work, they engaged workers through jamadars .....
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