Court : Supreme Court of India
Reported in : AIR2007SC1546; 2007(6)ALD86(SC); 2007(3)AWC2538(SC); JT2007(4)SC186; (2007)3MLJ784(SC); 2007(4)SCALE88; (2007)4SCC221
..... . mr. venugopal also submitted that the division bench of the high court in an order dated april 27, 2000 observed that the land being a garden land having fruit bearing trees which had been cultivated by a tenant, it did not fall within the description of 'urban land' or 'vacant land' within the meaning of section 2(o) or 2 ..... . it was also submitted that the division bench, while dealing with writ appeals took note of the fact that the land was 'agricultural land' and was having fruit bearing trees i.e. a garden land. the said finding had not been disturbed even by this court in slps. the division bench ought to have taken into account that fact as ..... not applicable to the land in question because the land was used for agriculture or horticulture purposes or that it was having fruit bearing trees. the exclusion or non- operation of the act was sought only on the ground that the possession of the land had already been handed over to port trust authorities in 1972 and hence the land cannot .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
..... provisions in the last paragraph of rule 37 must be read as directory and not mandatory, not only to make sense out of them but also to preserve their constitutionality. so read, a breach of these provisions would not afford any cause of action to a member of the cis force.124. a conspectus ..... members of central industrial security force (hereinafter referred to as the force) of cisf unit, bokaro steel ltd., bokaro have indulged and still continue to indulge in acts of insubordination and indiscipline, dereliction of duty, absenting from pt and parade, taking out processions and raising slogans such as 'inqulab zindabad'. 'vardi vardi vardi bhai ..... a constitutional safeguard. this conclusion was reached by this court even though article 311(2) used the same language as section 240(3). the constitution (fifteenth amendment) act, 1963, substituted the whole of clause (2). the substituted clause specifically provided for two opportunities to be given to a government servant : (1) to be informed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(128)ECC213; 2008(154)LC213(SC); 2008(227)ELT24(SC); JT2008(5)SC256; 2008(6)SCALE128; (2008)11SCC439
..... this convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; (c) other rights and duties provided for in this convention.2. in exercising its rights and performing its duties under this convention in ..... to a transgression of article 265 of the constitution of india.43. according to the learned senior counsel for the appellants, the provisions of the maritime zones act, 1976 do not adversely affect the appellants' case. it was argued that the 'territorial waters of india' are a definite concept. the 'territorial waters' ..... under sub-section (3) unless resolutions approving the issue of such notification are passed by both houses of parliament.'24. section 6 of the maritime zones act, 1976 defines continental shelf of india. section 6(5) authorizes the central government to declare any area on the continental shelf as 'designated area'. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2792; 1994(2)KarLJ158
..... bangalore. they want congestion to be prevented, population density to be controlled, lung spaces to be provided where people can breathe, existing recreational facilities to be preserved and improved, pollution and health hazards to be removed, civil and social amenities to be provided etc. all these require a balanced use of available land. ..... seeking the reliefs sought.24. 'bangalore was a beautiful city once. it was a city with magic and charm........... gone are the flowers, gone are the trees, gone are the avenues, gone are the spaces', intoned the supreme court in sorrow. while doing so 'the problem and pain' expressed by the then chairman ..... covenant regarding construction of 'one dwelling house' on the sites allotted under the provisions of the several allotment of sites rules framed under the citb act and the bda act from the beginning imposes the restriction on the allottees requiring them to construct only 'one dwelling house on each site'. the successive rules provide that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All79
..... public interest would mean encouragement of the growth or proliferation of the cold storages or any other action which may subserve the dominant object of the act preservation of agricultural produce which includes potatoes ensuring continued availability of the produce to the community at large throughout the year and mitigation of hardship to the ..... become vulnerable liable to be exploited by the cold storages in the absence of any control by the state. proper control of the means of preservation at reasonable rents or charges is hence necessary so as to ensure their (potatoes in the present case) continued availability throughout the year. distress sales ..... year. in order, therefore, to ensure continuous supply of potatoes at reasonable price throughout it is essential that proper and efficient provision be made for the preservation of the crop after harvest. however, because of the perishability of the crop, the cold storages, few and far between as they were, started exploiting .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom366; 1984MhLJ534
..... of respondent 2, submitted that capitalizing rent of number of years purchases is a recognised mode for determining compensation under the provisions of the land acquisition act. it was urged by the learned counsel that providing that basis for determination of the amount in respect of land situated within the municipal areas, the ..... reasons suggested by the learned counsel are devoid of anymerit. the first submission that the question of validity of section 4 of the constitution (42nd amendment) act did not arise for consideration, and therefore, the conclusion is obiter, is without any substance , because the said contention was urged before the supreme court ..... principle contained in article 39(b) while enacting the provision of acquisition under chap. v. in our judgment the true nature and character of the act is to create an authority or a board to deal with the problem of housing accommodation. repairing and reconstructing buildings presenting dangerous possibility of collapse. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR3182; 1988(3)KarLJ415
..... in a more elaborate manner. in that case the supreme court was dealing with the constitutional challenge to the tamil nadu stage carriages and contract carriages (acquisition) act (act 12/73). the supreme court examined the impact of article 29(b) and (c) of the constitution on the fundamental rights guaranteed under articles 14, 19, ..... conferred on the petitioners in the first two petitions under article 40 of the constitution or the rights conferred on all the petitioners under section 53 of the act. in my view, if a harmonising construction is adopted, the provisions of article 41 of the constitution obligates the state government to impose regulatory -measures ..... understood, it is possible to contend that notwithstanding the affiliation to the university, affiliation to a particular course as required under section 53(1) of the act is a discretionary power of the state. in this case, we are not concerned with the affiliation to the university but affiliation to a particular course the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3320
..... -respondent-society to file a writ petition was questioned. on merits it was stated therein that the combined effect of sections 31 and 32 of the act preserves the power of the bda to permit the formation of a layout by parties other than the bda. this of course is subject to the application ..... entitled to appoint officers and servants as it considered necessary, for the efficient performance of its functions. under section 34(1) of the road transport corporations act, 1950 the state government had been empowered inter alia to issue directions to the road transport corporation regarding recruitment, conditions of service and training of its employees ..... providing the conditioned and restrictions are complied with.'26. in view of what has been seen above, it would be clear that where section 38 of the act says 'subject to such restrictions, conditions and limitations as may be prescribed', the power is unavailable unless those restrictions, conditions and limitations are prescribed. otherwise, .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR713; 1988MhLJ293
..... state will take necessary steps in this behalf.9. our attention was also drawn by the learned counsel appearing for the petitioners towards the provisions of the bombay animal preservation act, 1984 as amended by the state of gujarat and the decision of the supreme court in haji usmanbhai hasanbhai qureshi & others v. state of gujarat, : ..... which will be in tune with the object of the legislation. an order cannot be passed which will defeat the very object of the act. the order should be for preservation and protection of the cow or schedule animals and not for slaughter or destruction. it is by now well settled that what is directly ..... respondent no. 1 the state of maharasthra to frame a scheme for effective implementation of the provisions of the maharasthra animal preservation act, 1976. a further direction is also sought for making arrangement for preservation and maintenance of animals during the tendency of the trial through social organizations, like the petitioner no. 1 krushi go-seva .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR4172
..... objectiongistof objectionsremarks/recommendedby planning committee.123455-35v.natarajan30-10.96theland ownernursery. prays to delete as per govt. orderlandis vacant. there is nursery with fruit bearing trees. it may be included infn and may be included inobjections.6-29notfiled__landis vacant. fn may be issued as it is suitable for layout.10-02 ..... would automatically get incorporated into the scheme resulting in alteration of the scheme; the sanction of the government under section 18(3) of the bda act without considering such alterations establishes the fact of non-application of mind; the sanction is, therefore, illegal and liable to be quashed. it was ..... dated april 6, 1989. it was followed by the declaration as published in the gazette dated may 9, 1994 under section 19(1) of the bda act in respect of certain lands situated in uttarahalli, vaddarapalya, vasantpura, marasandra, konanakunte, doddakallasandra, yeiachenahalli, etc. for formation of banashankari 5th stage layout. similarly, a .....
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