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Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 chapter 1 preliminary Sorted by: old Page 90 of about 5,524 results (0.183 seconds)

Mar 18 1985 (FN)

Fec Vs. Ncpac

Court : US Supreme Court

..... contributions -- not least among these a public perception of business as usual -- are not eliminated solely because the "contribution" takes the form of an "independent expenditure." "preserving the integrity of the electoral process [and] the individual citizen's confidence in government" "are interests of the highest importance." first national bank of boston v. bellotti ..... majority's conclusion that it is "appropriate" to require those other than the fec to file a complaint with the fec and wait for it to act, or not act, sue to compel it to do so, and only then, if the fec ignores a court order, bring suit themselves. that is a prescription for ..... marshall, j., filed a dissenting opinion, post, p. 470 u. s. 518 . justice rehnquist delivered the opinion of the court. the presidential election campaign fund act (fund act), 26 u.s.c. 9001 et seq., offers the presidential candidates of major political parties the option of receiving public financing for their general election campaigns. if a .....

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Mar 20 1985 (HC)

Sree Murugan Financing Corporation Chit Promoters and Financiers and o ...

Court : Chennai

Reported in : (1987)1MLJ204

..... section 63 alone having been invoked in carrying out the amendments, it is ultra vires of the act. no service is rendered by the registrar on receiving the balance-sheets and preserving them. the essential element of quid pro quo in the imposition of these fees is absent. so far as the foremen are concerned, the ..... mentioned therein would only show that it was not done to augment the revenue. the state had to provide at considerable expense, receptacles and iron safes for the preservation of records and securities, and this revision has taken place nearly after two decades, and intended to cover the reasonable expenses incurred for rendering services.6. under ..... are furnished in para 8 of the counter-affidavit. apart from the expenses incurred on them, the government has spent on receptacles and iron safes for the preservation of records and securities. it has been repeatedly pointed out by the supreme court that it is unnecessary for the state to prove with arithmetical exactitude, and .....

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Mar 20 1985 (FN)

Heckler Vs. Chaney

Court : US Supreme Court

..... apa. the general exception to reviewability provided by 701(a)(2) for action "committed to agency discretion" remains a narrow one, see citizens to preserve overton park v. volpe, 401 u. s. 402 (1971), but within that exception are included agency refusals to institute investigative or enforcement proceedings, unless ..... exercised for impermissible reasons, judicial review is available. second, arguments about prosecutorial discretion do not necessarily translate into the context of agency refusals to act. "in appropriate circumstances, the court has made clear that traditions of prosecutorial discretion do not immunize from judicial scrutiny cases in which the ..... apa] manifests a congressional intention that it cover a broad spectrum of administrative actions, and this court has echoed that theme by noting that the administrative procedure act's 'generous review provisions' must be given a 'hospitable' interpretation. . . . [o]nly upon a showing of 'clear and convincing evidence' of .....

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Mar 21 1985 (HC)

Dr. C.P. Trivedi Vs. University of Jodhpur

Court : Rajasthan

Reported in : 1985(2)WLN290

..... service) under the state by a legislative enactment. on that basis irrespective of original status all became government servants. by gujarat panchayats (third amendment) act, 1978 a differential classification in relation to their original position was made whereby the ex-municipal employees were deprived of their present status of government servants ..... was attended by 10 members in all including the two teachers representatives. it cannot be conceived that the other eight members without application of mind acted in a manner whereby decision can be said to have been influenced by the teacher's representatives. there were four independent members representing the state ..... in the committee of courses and appointment as examiners and even by promotion in the year 1978 on that basis and the provisional seniority list was acted upon. the rules of seniority and the provisional list, thus continued to be adhered to by the university. after promulgation of the rajasthan university teachers .....

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Mar 27 1985 (FN)

Tennessee Vs. Garner

Court : US Supreme Court

..... risk of being fired upon." app. to pet. for cert. a10. the court of appeals for the sixth circuit affirmed with regard to hymon, finding that he had acted in good faith reliance on the tennessee statute, and was therefore within the scope of his qualified immunity. 600 f.2d 52 (1979). it remanded for reconsideration of the ..... operating table. ten dollars and a purse taken from the house were found on his body. [ footnote 4 ] in using deadly force to prevent the escape, hymon was acting under the authority of a tennessee statute and pursuant to police department policy. the statute provides that "[i]f, after notice of the intention to arrest the defendant, he ..... given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest." acting under the authority of this statute, a memphis police officer shot and killed appellee-respondent garner's son as, after being told to halt, the son fled over a .....

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Mar 29 1985 (HC)

Union of India (Uoi) Vs. P.M. Paul and anr.

Court : Kerala

Reported in : AIR1985Ker206

..... compel the court to take that fact into consideration in moulding the relief. it shall not be as if the court shall be anxious to preserve a cause of action as on the date of institution so that it may have jurisdiction to appoint an arbitrator under section 12 of the arbitration ..... resort to courts in matters covered by arbitration agreements is permitted only in very limited and exceptional cases and on strict compliance with the enabling provisions of the arbitration act. if. therefore, there is a power as per the agreement to appoint a substitute in the place of the appointed arbitrator on the happening of specified contingencies, ..... the above clause itself provides as to what shall happen in the case of resignation of the arbitrator or vacation of office, or his inability, or unwillingness to act due to any reason whatsoever, and enables the designated appointing authority to appoint a new arbitrator. ordinarily, this power given to the designated authority by the contracting parties .....

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Apr 03 1985 (HC)

Nava Bharat Ferro Alloys Limited Vs. Andhra Pradesh State Electricity ...

Court : Andhra Pradesh

Reported in : AIR1985AP299

..... thereto; (4) in achieving those statutory objectives, the board is governed, guided and restricted in its functioning by the provisions of the electricity act, 1910 (1910 act), the supply act, constitutional and public law limitations including the observance of principles of public finance in formulating or revising either uniform or differential tariffs; (5) ..... -ii (non-industrial) are around 200. 10. in revising tariffs, the board invariably invokes its power under sec. 49 of the electricity *supply)act, 1948 (supply act) and all contractual, statutotry and other powers. the common ground of revision is:- 'the cost of production of electricity has gone up considerably since ..... the submission are, in our view, inapplicable narayana v. state of kerala : [1974]2scr60 dealt with the revocation of a licence under sec. 4 of 1910 act without consulting the board, which consultation was a mandatory condition precedent. the revocation was, therefore, struck down. naraindas v. state of m.p., : [1974 .....

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Apr 08 1985 (HC)

P. Kamakshi Ammal, W/O. Late P. Venkatanarayanan Vs. P. Venkatesan and ...

Court : Chennai

Reported in : (1986)1MLJ438

..... law an attesting witness is one who has witnessed, that is, actually seen the execution, of the document. in india section 50 of the indian succession act, 1865, recognised the validity of an attestation on admission or acknowledgment of execution though the witness had not actually seen execution. in this regard section 63 of ..... , genuine and valid document and binding on kamakshi ammal the appellant herein?(3) whether bangaramma became the absolute owner of the suit property under the hindu succession act, 1956?(4) whether the suit property belongs to venkatesan - the respondent herein by virtue of ex.a-22 settlement deed dated 30.5.1956?(5) whether ..... support and maintain, bangaramma was suffering from asthmatic attack daring the period may 1956. she had no independent legal advice and it was not her voluntary act. the defendant had executed settlement deed by exercising fraud and undue influence. bangaramma must have executed the will as well as the settlement deed without knowing the .....

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Apr 09 1985 (HC)

i.T.C. Limited Vs. M.K. Chipkar and Others

Court : Mumbai

Reported in : 1986(9)ECC385; 1987(10)LC531(Bombay); 1985(22)ELT334(Bom)

..... refund of duty recovered from the manufacturer without authority of law. the counsel also drew my attention to the provisions of sugar (special excise duty) act, 1959. this act is intended for the imposition of special additional excise duty on certain types of sugar viz. 'khandasari sugar' and 'palmyra sugar'. section 3 provides ..... the application of the counterveiling theory of unjust impoverishment and since such a theory of unjust impoverishment cannot apply having regard to the provisions of the act and rules framed thereunder as also article 265 of the constitution, it was contended that the theory of unjust enrichment cannot be made applicable to ..... 1985]155itr560(sc) , the court observed as follows -'while there are different periods of limitation prescribed for the institution of different kinds of suits by the limitation act, 1963, there is no such period prescribed by law in respect of petitions filed under article 226 of the constitution. whether relief should be granted to a .....

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Apr 15 1985 (HC)

Sakrappa Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1985KAR1833

..... in it and in exercise of the power under section 77 it can fully implement the socio-economic measures which emerge from the scheme of the act. apart from conferring benefits on dispossessed tenants and displaced tenants it also confers benefit on scheduled castes, scheduled tribes, landless agricultural labourers, landless persons ..... & vegetable merchants union v. the delhi improvement trust : [1957]1scr1 . referring to the provisions of sections 16 and 17 of the land acquisition act it ruled that in cases contemplated under the aforesaidprovisions the property acquired becomes a property of the government without any conditions or limitations either as to title ..... personsdispossessed within the aforesaid two dates. this is the argument of the learnedcounsel for the second view. explanation (1) to section 77 of the act reads asunder :'dispossessed tenant' means a person who not being amember of the family of the owner was cultivating lands personally and wasdispossessed between 10th .....

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