Court : Andhra Pradesh
..... span of two and a half years, and that he being a habitual offender, has become a source of potential danger to the public well being and his illegal activities apart from causing damage to public property, resulting in tremendous loss to national wealth, depletion of green cover, are prejudicial to the maintenance of public order, and the forest laws under which he is charged are found not sufficient in ordinary course to deal with him firmly, and ..... since committing or attempting or abetting the commission of offences punishable under the indian arms act, are not covered within the definition of the term goonda as defined in section 2(g) of the preventive detention act, he submitted that the order of detention, passed by respondent no.1, as confirmed by respondent no.2, is liable to be set aside, because it is passed taking into ..... the apex court considered the definition of dangerous person, as defined in section 2(c) of the gujarat prevention of anti-social activities act, 1985, and held that in order to bring a person within the definition of section 2(c) of the act, it is essential to show that such person either by himself or as a member of or a leader of a gang habitually commits or attempts to commit or abets the commission of offences punishable under chapter xvi or chapter xvii of the indian penal code ..... seen from the order of detention, the sponsoring authority, brought to the notice of respondent no.1 that the detenu, is involved in eighteen forest offences .....
Tag this Judgment!Court : Andhra Pradesh
..... of or leader of a gang habitually commits or attempts to commit or abets the commission of offences punishable under chapter xvi or chapter xvii or chapter xxii of the indian penal code, and since the offence punishable under section 25(1b)(b) of the indian arms act, is an offence that does not fall under chapter xvi or chapter xvii or chapter xxii, the detenu cannot be treated as "goonda", and holding so, set aside the order of detention, as the satisfaction was based ..... within a span of two and a half years, and that he being a habitual offender, has become a source of potential danger to the public well being and his illegal activities apart from causing damage to public property, resulting in tremendous loss to national wealth, depletion of green cover, are prejudicial to the maintenance of public order, and the forest laws under which he is charged are found not sufficient in ordinary course to deal with him firmly, and ..... since committing or attempting or abetting the commission of offences punishable under the indian arms act, are not covered within the definition of the term "goonda" as defined in section 2(g) of the preventive detention act, he submitted that the order of detention, passed by respondent no.1, as confirmed by respondent no.2, is liable to be set aside, because it is passed taking into consideration ..... seen from the order of detention, the sponsoring authority, brought to the notice of respondent no.1 that the detenu, is involved in eighteen forest offences. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1987Cal311,(1987)1CALLT354(HC),92CWN166
..... therefore, it would not be unreasonable to hold that by specifying the three courts in which suits for compensation may be instituted, the conveniences of the defendant railways were kept in views and the courts were specified in section 80 of the railways act in order to confine filing of three suits in those courts which would be in near proximity to places of booking, places of occurrence of loss, destruction, damage, etc. ..... of revisional applications under s- 115 of the code of civil procedure, 1908, for resolving the conflict in judicial views on the question whether or not the forum for a suit contemplated by the present section 80 of the indian railways act, 1890 (which, with effect from 1st january, 1962, was substituted by indian railways (amendment) act, 1961) should be determined in terms of the said section and whether section 20 of the civil procedure code, 1908 should be deemed to be no longer applicable to such suits under ..... we consider the points involved in this reference to be of substantial question of law of general public importance to be considered by the supreme court of india for this reason, we grant certificate, as prayed for.a.c. ..... joseph (supra) the question was whether provisions relating to construction of public halting places, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR662
..... as follows:any decision given by the central government the general controlling authority or the provincial government in accordance with the provisions of this chapter shall be final and binding on all parties concerned.the word terminals in section 32 is defined in section 3(14) of the indian railways act as follows:terminals includes charges in respect of stations sidings wharves depots warehouses cranes and other similar matters and of any services rendered thereat.the word demurrage has been defined ..... free time allowed for loading or unloading a wagon.the word wharfage has been defined in section 46c (h) as under:wharfage means the charge levied on goods for not removing them from the railway premises after the expiry of the free time allowed for such removal.section 47(1) of the indian railways act reads as follows:every railway company and in the case of a railway administered by the government an officer to be appointed by the central government in this behalf shall make general ..... in this view the suit would not be barred under section 26 of the railways act.it is also contended that section 32 of the railways act gives powers to the central government to fix terminals and other charges but this section has been repealed by the indian railways (amendment) acts 1957 (58 of 1957) with effect from 27-7-58. .....
Tag this Judgment!Court : Kolkata
Reported in : 2009ACJ2398,AIR2008Cal106,2008(2)CHN985
..... that notwithstanding the first repeal of the provision of appeal in section 82(f) of the old railways act by section 34 of the railways claims tribunal act and by subsequent repeal and re-enactment of railways act, 1890 through railways act, 1989, the reference of the railways act in appellate side rules should be read as railways claims tribunal act, 1987 and therefore, the appeal arising out of the disputes under the railways act, 1890 since repealed and re-enacted as railways act, 1989 under the provision of section 23 of the railway claims tribunal act, 1987 does not require hearing under order xli ..... subsequently, the new railways act, 1989 was enacted and by section 200 thereof, the indian railways act, 1890, as it then stood, was repealed.5. ..... similarly, after the entire repeal of the old railways act, 1890 by the new railways act, 1989 the position has not been changed because of the provision of the section 8 of the general clauses act.11. ..... it appears that the said division bench took no notice of the provision of section 8 of the general clauses act and the various amendments mentioned above.12. .....
Tag this Judgment!Court : Karnataka
Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671
..... authority, over all matters as were exercisable immediately before the appointed day by any civil court or a claims commissioner appointed under the provisions of the railways act relating to compensation payable under section 82-a of the railways act or the rules made thereunder and on and from the commencement of the provisions of section 124-a of the railways act, 1989 (24 of 1989) the jurisdiction, powers and authority which were exercised immediately before that date by any civil court in respect of claims for compensation which were ..... the various decisions which the learned counsel for the appellant has cited with regard to the limitation do not require to be referred to or noticed, having regard to the fact that we have already held that the claim itself is not maintainable. ..... , and that as there was pressing demand in both the houses of parliament and from the public that the bonafide railway passengers who become victims of the aforesaid incidents should also be compensated for the injury or loss of life, the amendment in question was proposed.'19. .....
Tag this Judgment!Court : Karnataka Dharwad
..... reading of section 71 of the act indicates that the state government may by notification and after previous publication make rules to carry out the purposes of this act. ..... hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on ..... the apex court after considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this ..... judgment was rendered before amendment of rule 311(c) of the rules, which was inserted by exercising the power under section 71(3)(e) of the act and the impugned rule is in conformity with the provisions of the act and also the source of power to insert the said rule is traceable to section 71(3)(e) of the act. ..... in pursuance of the power conferred under section 71(2)(e) of the act, rule 3(11-c) of the rules was inserted inviting objections and suggestions from all persons likely to be affected with respect to the draft notification ..... a collective reading section 71 (2) (e) of the act, rule 3 (11-c ) and rule 12 of the rules indicate that the state government by exercising power under section 71 (2) (e) frame rules for granting retail licences to the state owned/controlled companies without reference to or applicability of rule 12(3) of the rules which specifies that retail licences in favour of a citizen can be granted depending on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... reading of section 71 of the act indicates that the state government may by notification and after previous publication make rules to carry out the purposes of this act. ..... hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on ..... the apex court after considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this ..... judgment was rendered before amendment of rule 311(c) of the rules, which was inserted by exercising the power under section 71(3)(e) of the act and the impugned rule is in conformity with the provisions of the act and also the source of power to insert the said rule is traceable to section 71(3)(e) of the act. ..... in pursuance of the power conferred under section 71(2)(e) of the act, rule 3(11-c) of the rules was inserted inviting objections and suggestions from all persons likely to be affected with respect to the draft notification ..... a collective reading section 71 (2) (e) of the act, rule 3 (11-c ) and rule 12 of the rules indicate that the state government by exercising power under section 71 (2) (e) frame rules for granting retail licences to the state owned/controlled companies without reference to or applicability of rule 12(3) of the rules which specifies that retail licences in favour of a citizen can be granted depending on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... reading of section 71 of the act indicates that the state government may by notification and after previous publication make rules to carry out the purposes of this act. ..... hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on ..... the apex court after considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this ..... judgment was rendered before amendment of rule 311(c) of the rules, which was inserted by exercising the power under section 71(3)(e) of the act and the impugned rule is in conformity with the provisions of the act and also the source of power to insert the said rule is traceable to section 71(3)(e) of the act. ..... in pursuance of the power conferred under section 71(2)(e) of the act, rule 3(11-c) of the rules was inserted inviting objections and suggestions from all persons likely to be affected with respect to the draft notification ..... a collective reading section 71 (2) (e) of the act, rule 3 (11-c ) and rule 12 of the rules indicate that the state government by exercising power under section 71 (2) (e) frame rules for granting retail licences to the state owned/controlled companies without reference to or applicability of rule 12(3) of the rules which specifies that retail licences in favour of a citizen can be granted depending on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... reading of section 71 of the act indicates that the state government may by notification and after previous publication make rules to carry out the purposes of this act. ..... hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on ..... the apex court after considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this ..... judgment was rendered before amendment of rule 311(c) of the rules, which was inserted by exercising the power under section 71(3)(e) of the act and the impugned rule is in conformity with the provisions of the act and also the source of power to insert the said rule is traceable to section 71(3)(e) of the act. ..... in pursuance of the power conferred under section 71(2)(e) of the act, rule 3(11-c) of the rules was inserted inviting objections and suggestions from all persons likely to be affected with respect to the draft notification ..... a collective reading section 71 (2) (e) of the act, rule 3 (11-c ) and rule 12 of the rules indicate that the state government by exercising power under section 71 (2) (e) frame rules for granting retail licences to the state owned/controlled companies without reference to or applicability of rule 12(3) of the rules which specifies that retail licences in favour of a citizen can be granted depending on the .....
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