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M. Kumar Vs. Bharath Earth Movers Limited, Bangalore and Others

Court : Karnataka

Reported in : ILR1999KAR1715; 1999(5)KarLJ193

..... andhra pradesh and others v mcdowell and company and others. justice jeevan reddy speaking for the court considering the constitutional validity of andhra pradesh prohibition act, 1995 (act 35 of 1995), has considered the scope of exercise of judicial review for striking off the enactment, and held as follows:'sri rohinton nariman ..... to express different and sometimes contradictory ideas', said the learned judge) or unreasonable. some or other constitutional infirmity has to be found before invalidating an act. an enactment cannot be struck down on the ground that court thinks it unjustified. the parliament and the legislatures composed as they are of the ..... conform to the fundamental rights while functioning through the instrumentality of the 'state' or 'other authorities' like companies and societies registered under the societies registration act.18. the scope and ambit of article 12 of the constitution has been clarified by the pronouncements of apex court and high courts.19. justice shah .....

India Cable Co. Ltd. Vs. the Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1987AP28

..... are as follows :-'(a) that the land-holder was granted permission by the government under andhra pradesh vacant land in urban areas (prohibition of alienation) act, 1972 (act 12/72) for the alienation of such land. (b) that the genuineness of the deed of agreement is established by documentary evidence which cannot be fabricated ..... is no provision for inviting objections before the grant of permanent or a quasi-permanent cinema licence and there is no provision in the madhya pradesh act or rules which requires advertisement of such an application inviting objections and consideration of the objections before grant of a cinema licence. on the question ..... (3rd respondent) sent up a report, and entertaining the application for exemption the government exercising its powers under section 20(a) and (b) of the act granted permission for alienating the land in favour of the 8th respondents should construct a nursing home. the other respondents also filed similar rejoinders. the petitioner was not .....

Hasumatiben Vs. Ambalal Krishnalal Parikh

Court : Gujarat

Reported in : AIR1982Guj324; (1982)2GLR346

..... . bai lalitabai marghabhai reported in : air1971guj270 has held that the execution proceedings arising out of the decree passed after the coming into operation of the bombay rent act are included in the expression 'proceeding' used in sub-section (1) of section 28. therefore original execution proceedings for, recovery of possession between a landlord and ..... from the definition of decree in section 2(2) has rendered orders under section 47 not appealable since the commencement of the code of civil procedure amendment act 104 of 1976. in pratap narain agarwal v. ram narain agarwal reported in : air1980all42 the full bench came to the conclusion that an order passed on ..... prabhavalkar, an engineer who gave his award on february 2, 1935. the award was filed in court in accordance with the provisions of the indian arbitration act. thereafter the question arose as to whether the proceedings could be taken against the reception committee and it became necessary to amend the title of the petition. .....

Dr. C.M. Hanumantharaju and ors. Vs. Dr. Siddappa and ors.

Court : Karnataka

..... welfare services (recruitment) rules, 1965 or any other rules made for deemed to have been made under the provisions of the karnataka state civil services act, 1978 (karnataka act 14 of 1990) every contract doctor mentioned in column (2) of the schedule and continued as such on the date of commencement of these rules, ..... and knowing that by rendering service in rural / tribal areas, they can capture better prospects of earning higher professional qualifications and consequently eligibility of promotion, acts as a motivating factor and provides incentive to young in-service doctors to opt for service in rural/tribal areas. therefore, assigning weightage to rural service ..... dental degree and diploma courses rules, 2006 (hereinafter referred to as pget rules, 2006) have been enacted under section 14 of the prohibition of capitation fee act. section 2 is the definition clause. the relevant clauses read as follows:2. definitions:-in these rules, unless the context otherwise requires (c) entrance .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... or management of the receiver ; (d) confer upon the receiver all such powers, as to bringing and defending suits and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents ..... of the tribunalisation can be achieved. this aspect of the matter should be looked at by the legislature in order to achieve the object of the act. the present act has not provided a substitute (effective) or alternative mechanism, it is a bundle of contradictions with loopholes in the main sections. it is not ..... the central government under sub-section (2) as public financial institutions-in exercise of the powers conferred by sub-section (2) of section 4a of the companies act, 1956 (1 of 1956), the central government hereby specifies the following institutions to be public financial institutions, namely- (1) the industrial reconstruction bank of india .....

Shri Mihir Yadunath Thatte Vs. State of Maharashtra, Through the Secre ...

Court : Mumbai

Reported in : 2007(1)ALLMR537

..... petitioner has set up the case that the development plan for pune city was published in the month of september, 1982 under the town planning act. that development plan provides for preservation, conservation and development of the areas of natural scenery and landscape amongst other provision; while doing so, it has made special provision in respect ..... forests and wildlife of the country. enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. hygienic environment is an integral facet of right to ..... . it is also true that crowded urban areas tend to spread disease and insufferable burden who live there. the legislative intent by reserving/preserving the open places for public parks, gardens and play grounds have always been for the promotion and enhancement of the quality of life by .....

Central Warehousing Corporation (a Govt. of India Undertaking) Vs. For ...

Court : Mumbai

Reported in : 2010(1)MhLj658

..... behind the maharashtra amendment to section 41 can be discerned from the statement of objects and reasons while introducing the amendment which culminated with the maharashtra amending act xix of 1976. the same reads thus:statement of objects and reasonsat present, in greater bombay, all suits and proceedings between a landlord and tenant ..... in the special court to entertain, try and decide specified disputes between licensors and licensees. such provision cannot be affected by the special provisions of arbitration act which is general in nature concerning resolution of disputes. it is submitted that the fact that the arbitration law is a general law, is evidenced ..... for adjudication of disputes between the licensors and licensees in relation to recovery of possession and licence fees. further, the amendment of section 41 of the act does not obliterate the exclusive jurisdiction of the small causes court. even in case of existence of arbitration agreement, the arbitration would be barred by .....

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... interest to be taken care of a development scheme. it is that public interest which is sought to be promoted by the act by establishing the bda. the public interest in the reservation and preservation of open spaces for parks and play grounds cannot be sacrificed by leasing or selling such sites to private persons for conversion to ..... now. that was before the invasion of concrete and steel, of soot and smoke, of high-rise and the fast buck. gone are the flowers, gone are the trees, gone are the avenues, gone are the spaces. we are now greeted with tall puffing chimneys and monstrous high rise buildings, both designed to hurt the eye, the ..... interests. these are quoted below:'we are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an .....

Nagpur Land Developers Association Through Its President and ors. Vs. ...

Court : Mumbai

Reported in : 2005(3)MhLj881

..... under sub-section (3-a) of section 113, or(c) appoint the bombay metropolitan region development authority established under the bombay metropolitan region development authority act, 1974 (mah iv of 1975) to be the special planning authority for developing the notified area). (1-a) notwithstanding anything contained in sub-section ..... for developing certain (notified areas).--(1) the state government may by notification in the official gazette (for any undeveloped area specified in the notification in this act referred to as 'the notified area') either (a) constitute an authority consisting of a chairman, a vice chairman, a member of the maharashtra legislative ..... at the acquired land.11. pursuant to the issuance of section 6 notification, further proceedings were in progress under section 9 of the land acquisition act. at this stage, various landowners, developers and builders joined hands and have filed these various petitions before this court challenging the validity of acquisition .....

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... burning of lime or charcoal etc. when such regulation or prohibition appears necessary for any forest not belonging to government, for the purpose of conservation of trees and forests, preservation and improvement of soil, improvement of grazing, maintenance of a water supply in springs, rivers and tanks, maintenance, increase and distribution of the supply ..... the intent and object in enacting them. the reason for the state government not being able to pursue the measures for preserving and protecting the forest wealth is obvious.the 1927 act did not provide for any acquisition and vesting. the power in that behalf was lacking as is apparent from the reading ..... , cannot now treat these lands as private forest is the submission.147. we see no force in this submission either. the private forest (acquisition) act is an act specifically dealing with the private forest, their acquisition and vesting in the state government so also the consequences flowing therefrom. further, it covers this specific .....