Court : Supreme Court of India
..... in the land and hearing of suits, and generally for the guidance of such officers.12.2) regulation 13 provides that the ..... regulations make it clear that it was made for securing the peace and good governance of the territory known as santhal parganas (as contrasted from the preamble to the tenancy act which shows that the act was made to amend and supplement certain laws relating to landlords and tenants in santhal parganas).12.1) regulation 10 empowers the state government to appoint the officers by whom the settlement is to be made and make rules for the procedure of such officers in the investigation into rights .....
Tag this Judgment!Court : Supreme Court of India
..... ) 10 scc 682, this court held that a scheme under section 391 of the companies act is a commercial document and the principles laid down in the case of mafatlal (supra) have been relied upon and in para 32 at page 697 of the report it has been reiterated that the scheme must be fair, just and reasonable and should not contravene public policy or any statutory provision and in paragraph 33 at page 697 of the report, sub-paragraph 6 of para 29 of mafatlal (supra) has ..... sub-section (2) of section 4 of the code is set out below:- 4(2) all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. 63. ..... considering the aforesaid submissions of the rival parties, this court finds that the effect of approval of a scheme of compromise and arrangement under section 391 of the companies act is that it binds the dissenting minority, the company as also the liquidator if the company is under winding up. ..... this court in hindustan lever (supra) also accepted the principle laid down in sub-para 6 of para 29 in mafatlal (supra) discussed above and held that a scheme under section 391 of the companies act cannot be unfair or contrary to public policy, nor can it be unconscionable or against the law (see para 18 page 451 of the report) 17. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1796; 2004(3)ALD20(SC); 2004(4)ALT42(SC); JT2004(2)SC236; 2004(2)SCALE77; (2004)2SCC794; [2004]135STC258(SC)
..... preamble shows, the act has been enacted to consolidate and amend the law relating to the regulation of purchase and sale of agricultural produce, livestock and products of livestock and the establishment of ..... read as under :(v) 'livestock' means cows, buffaloes, bullocks, bulls, goats and sheep, and includes poultry, fish and such other animals as may be declared by the government by notification to be livestock for the purposes of this act;(ix) 'notification' means a notification published in the andhra pradesh gazette, and the word 'notified' shall be construed accordingly;(x) 'notified agricultural produce, livestock or products of livestock' means agricultural produce, livestock or products of livestock specified in the notification under ..... section 3;(xv) 'products of livestock' means such products of livestock as may be declared by the government by notification, to be products of livestock for the purposes of this act.sub-section (1) of section 3 provides that the government may publish in such manner, as may be prescribed, a draft notification declaring their intention of regulating the purchase and sale of such agricultural produce, livestock or products of livestock in such area as may be specified in such notification. ..... and implied the continued existence of life and that once life ceased, the thing could no longer be considered to be 'livestock' and consequently could not, in law, be notified as 'livestock' under section 2(v) of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC872; 1982(1)SCALE148; (1982)1SCC627; [1982]3SCR288; 1982(14)LC254(SC)
..... cattle; (e) land given out for temporary purposes or for limited periods or for mining and purposes subsidiary thereto or for industrial or commercial purposes; (f) land given out to persons on favourable terms for rendering service as a kotwar; (g) any other land which the state government may, by notification issued in this behalf ..... (2) the land referred to in sub-section (1) shall be the following, namely:(a) land situate in the bed of a river of a tank ; (b) land reserved for communal purposes such as common grazing ground and cremation grounds; (c) land given out on favourable terms for the promotion of religious, charitable, educational, public or social purposes; (d) land given out to persons on the condition thatit shall be used only for grazing ..... had been given to them to press their claims for grant of plots after the government had reversed its earlier decision not to grant land, that the appellants had been unduly favoured and that the order was bad in law because the plots had been granted without holding an auction. ..... lessee shall, subject to any express provision in this code, hold his land in accordance with the terms and conditions of the grant which shall be deemed to be a grant within the meaning of the government grants act, 1895. ..... the state government, acting on the report of the commissioner, nagpur division, rejected .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1607; JT1995(3)SC614; 1995(2)SCALE720; (1995)4SCC15; [1995]3SCR312
..... , which read as below:this arrangement is not entered into, nor is this memorandum written, as a formal or legal agreement, and shall not be subject to legal jurisdiction in the law courts either of the united states or england, but it is only a definite expression and record of the purpose and intention of the three parties concerned, to which they each honourably pledge themselves with the fullest confidence - based on past business with ..... said to be discretionary only in the sense that the court may not act arbitrarily and nothing beyond this, and while exercising the discretion judicial conscience and judicial statesmanship alone are the guiding factors. ..... the disposal of the case and the rise in process during interregnum, shri parasaran urges that the delay not having been occasioned by any act of the plaintiff, he may not be punished for the same on the principle of 'actus curiae neminem gravabit' - an act of the court shall prejudice ..... to pray for specific performance because he is one who has to be regarded as 'repre-sentative-in-interest', of which mention has been made in clause (b) of section 15 of the aforesaid act dealing with the persons who may obtain specific performance. ..... sustained by referring to subsection (1) of section 20 of the specific relief act, 1963, in which, it has been stated that the jurisdiction to decree the specific performance is discretionary, but the discretion is not arbitrary; it is sound and reasonable and is to be guided by judicial principles. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(7)SCALE206; (2001)10SCC721
..... to fix the state-advised price for the sugarcane, that in case it is held that the state possessed the power to fix the state-advised price, the same is ultra vires the central act, that the state or statutory authority under its regulatory power cannot coerce or force the occupiers of the sugar factories to agree on dictated price of sugarcane supplied by sugarcane-growers to the occupiers of the ..... learned senior counsel referred to the provisions of the bihar sugarcane (regulation of supply and purchase) act, 1981 (hereinafter referred to as the bihar act) and the rules framed thereunder and argued that the act and the rules empowered the state government to fix the state-advised price over and above the minimum and additional price fixed by the central government under clauses 3 and 5-a of the sugarcane (control) order, 1966. ..... that under the regulatory power conferred by provisions of the supply act, 1953, rules and orders framed thereunder the state government is legally competent to fix the state-advised price and in any event of the matter the state or the statutory authority has an obligation to see that sugarcane-growers get proper and remunerative price of sugarcane and thus required to arrange a meeting of cane societies and occupiers of the sugar factories for arriving at an agreed ..... ltd.2 in maharashtra rajya sahkari sakkar karkhana sangh ltd.1 it was held that the state government under the relevant bye-laws has power to fix the price of the sugarcane. .....
Tag this Judgment!Court : Supreme Court of India
..... (a) any land is deemed to have vested in the state government under sub- section (3) of section 10 of the principal act but possession of which has not been taken over by the state government or any person duly authorised by the state government in this behalf or by the competent authority; and (b) any amount has been paid by the state government with respect to such land then, such land shall not be restored unless ..... breach of section 10(5) and possible dispossession without notice would vitiate the act of dispossession itself or render it non est in the eye of law did not fall for ..... possession had been taken over by the competent authority, the appellant places heavy reliance upon the fact that challenge to the proceedings under the act mounted in writ petition no.2568 of 1992 by the purchasers of a part of the disputed land had failed right up to this court and the allotment of a substantial part of the surplus land in favour of the 8 families affirmed. ..... he urged that having regard to the fact that urban land (ceiling and regulation) act, 1976 has been repealed as also the fact that no notice under section 10(5) was ever issued any proceedings meant to determine whether actual dispossession had or had not ..... the government or the authorised officer or the competent authority to issue a notice to the land owners in terms of section 10(5) would by itself mean that such dispossession is no dispossession in the eye of law and hence insufficient to attract section 3 of the repeal act. .....
Tag this Judgment!Court : Supreme Court of India
..... (a) any land is deemed to have vested in the state government under sub- section (3) of section 10 of the principal act but possession of which has not been taken over by the state government or any person duly authorised by the state government in this behalf or by the competent authority; and (b) any amount has been paid by the state government with respect to such land then, such land shall not be restored unless ..... breach of section 10(5) and possible dispossession without notice would vitiate the act of dispossession itself or render it non est in the eye of law did not fall for ..... possession had been taken over by the competent authority, the appellant places heavy reliance upon the fact that challenge to the proceedings under the act mounted in writ petition no.2568 of 1992 by the purchasers of a part of the disputed land had failed right up to this court and the allotment of a substantial part of the surplus land in favour of the 8 families affirmed. ..... he urged that having regard to the fact that urban land (ceiling and regulation) act, 1976 has been repealed as also the fact that no notice under section 10(5) was ever issued any proceedings meant to determine whether actual dispossession had or had not ..... the government or the authorised officer or the competent authority to issue a notice to the land owners in terms of section 10(5) would by itself mean that such dispossession is no dispossession in the eye of law and hence insufficient to attract section 3 of the repeal act. .....
Tag this Judgment!Court : Supreme Court of India
..... such land has been excluded from shamilat deh as defined in clause (g) of section 2, all rights, title and interest of the panchayat in such land shall, as from the commencement of this act, cease and such rights, title and interest shall be revested in the person or persons in whom they vested immediately before the commencement of the shamilat law and the panchayat shall deliver possession of such land to such person or persons: provided that where a panchayat is unable to deliver possession ..... or in any agreement, instrument, custom or usage or any decree or order of any court or other authority, all rights, title and interests whatever in the land,- (a) which is included in the shamilat deh of any village and which has not vested in a panchayat under the shamilat law shall, at the commencement of this act, vest in a panchayat constituted for such village, and, where no such panchayat has been constituted for such village, vest the panchayat on such date as a panchayat having ..... (2) xx xx xx (4) when any local area has been included in a municipality under sub-section (3), this act, and, except as the state government may, by notification, direct otherwise, all notifications, rules; bye-laws, order, directions and powers issued made, or conferred under this act and in force throughout whole of the municipality at the time, shall apply to such area.5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR499; 146(2008)DLT197(SC); 2007(14)SCALE263; (2008)2SCC417; 2008(1)LC82(SC); 2008AIRSCW390; (2008)1SCC(Cri)449
..... the case may require ;(c) the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a judge, magistrate or officer of the state where the conviction took place or acting in or for such state ;(d) the warrants, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the state where the same were issued, taken or given.documents23 ..... supported by:(a) documents, statements, or other types of information which describe the identity and probable location of the persons sought ;(b) information describing the facts of the offense and the procedural history of the case ;(c) a statement of the provisions of the law describing the essential elements of the offense for which extradition is requested ;(d) a statement of the provisions of the law describing the punishment for the offense ; and(e) the documents, statements, or other types of information specified in paragraph 3 or ..... pointed out that the appellant in terms of the provisions of the said act as also the bi-partite treaty, although was entitled to lead evidence in support of his defence as contemplated under the said act, failed and/or neglected to do so and in that view of the matter the magistrate was justified in passing the ..... the act was enacted to consolidate and amend the law relating to extradition of fugitive criminals and to provide for the matters connected .....
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