Court : Supreme Court of India
Reported in : AIR1994SC2117; [1995]82CompCas810(SC); (1994)2CompLJ31(SC); JT1994(1)SC430; 1994(1)SCALE472; (1994)2SCC583; [1994]1SCR798
..... cement is an industry specified in the first schedule to the industries (development and regulation) act 1951 (the act). entry 52 list i, entry 24 list ii seventh schedule to the constitution of india read with section 2 of the act takes away the legislative - competence of the state legislature to enact the subject matter of ..... : [1980]3scr331 , had an occasion to deal with a similar situation relating to sugar industry. sugar was a scheduled industry under section 2 of the act. an ordinance called the uttar pradesh sugar undertaking (acquisition) ordinance 1971 was promulgated by which the sugar undertakings were transferred to and vested in the uttar pradesh ..... these matter.(3) that the employee and officers of the corporation shall cooperate with the present management for a better running of the corporation. they shall act subject to the control and directions of the present board of directors. however, the officers and employees shall not be disturbed or shifted from their respective .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(3)ALD82(SC); JT2006(4)SC482; 2006(3)SCALE617; (2006)4SCC162
..... of industry) granted a letter of intent (in short 'l.o.i.') under the provisions of the industries (development and regulation) act, 1951 (in short idr act') for establishment of a new industrial undertaking to the company at the selected site mentioned herein earlier for manufacturing of certain amount of ..... same, having regard to the provisions of the water (prevention and control of pollution) act. 1974. the air (prevention and control of pollution) act. 1981, the environment (protection) act. 1986 and the industries (development and regulation) act, 1951 and pass appropriate orders in relation to the establishment of the mechanized slaughter house (abattoir ..... knowledge and experience in administering institutions dealing with matters aforesaid, to be nominated by the state government'.section 4(2)(f) of the act requires the member secretary to possess 'qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control,'47. from the record .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(7)SC209; 2007(11)SCALE374; (2007)8SCC418
..... hence cultivation and sale of sugarcane could be regulated by law.11. the industries (development and regulation) act, 1951 declared certain industries as controlled industries. section 2 of the said act enacts that it is expedient in the public interest that the union should take under its control, the industries specified in the first ..... subordinate legislation, dealing with the policy relating to supply of sugarcane to the factories and stated;the u.p. sugarcane (regulation of supply and purchase) act, 1953 provides a mechanism for reasonable, necessary, sufficient and continuous supply of sugarcane to the sugar factories in the crushing season, keeping in mind the ..... far from interfering with the good governance of the state, the court helps the good governance by constantly reminding government and its officers that they should act within the four corners of the statute and not contravene any of the conditions laid down as a limitation upon, their undoubtedly wide powers. therefore, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674
..... . this appeal raises the question of the constitutional validity of the sholapur spinning and weaving company (emergency provisions) ordinance ii of 1950, subsequently replaced by act xxviii of 1950, which reproduced substantially the same provisions. this question arose originally upon a petition under article 32 of the constitution filed by one chiranjit ..... question may be considered only when the justification for some direct injury suffered or threatened, presenting a justifiable issue, is made to rest upon such an act. then the power exercised is that of ascertaining and declaring the law applicable to the controversy. it amounts to little more than the negative power to ..... made to the provisions of the lunacy act, the provisions of sections 52-a and 52-b introduced in the insurance act by act 47 of 1950, the provisions of the railway companies emergency powers act (51 of 1951), and also to the provisions of act 65 of 1951 (development of industries act), and it was contended that the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1044; [1962]Supp3SCR1
..... rival contentions in regard to the other points, it would be convenient and necessary to notice briefly the provisions of the industries (development and regulation) act, 1951, hereinafter called the 'central act.', and the impugned act. the central act was passed, as its long title shows, to provide for the development and regulation of certain industries. under s. 2 of the central ..... make laws with respect to any of the matters enumerated in list i : parliament in exercise of the said power passed the industries (development and regulation) act, 1951, by virtue of entry 52 of said list; the two entries in list ii, namely, entries 24, and 25, cannot sustain the ..... the law made by parliament, namely, the industries (development and regulation) act, 1951, shall prevail, and the law made by the state legislature, namely, the impugned act be void to the extent of repugnancy. and (4) the view of the high court that the validity of the act could be sustained under entry 42 of list iii is wrong, as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC728; (1954)IIMLJ622(SC); [1955]1SCR707
..... and technical qualifications necessary for practising any profession or carrying on any occupation, trade or business. thirdly, - and this is the result of the constitution (first) amendment act of 1951 - it enables the state to carry on any trade or business either by itself or through a corporation owned or controlled by the state to the exclusion of private ..... writ in the nature of mandamus shall issue against the respondents in these appeals restraining them from enforcing the provisions of the u.p. state road transport act, 1951, against the appellants of the men working under them. there will be no order as to costs. 40. appeals allowed. ..... right to operate road transport services within its territory, sought the assistance of the legislature and the u.p. road transport act (act ii of 1951) was passed and became law on and from the 10th of february, 1951. it is the constitutional validity of this enactment which is the subject-matter of contest in these present proceedings. 3. the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1577; JT1987(2)SC402; 1987(1)SCALE1086; 1987Supp(1)SCC93; [1987]3SCR369; 1987(2)LC671(SC)
..... by means of an election petition is neither common law nor fundamental right instead it is a statutory right regulated by the statutory provisions of the representation of the people act, 1951. there is no fundamental or common law right in these matters. this is well-settled by catena of decisions of this court in n.p. ponnuswami v. returning officer : ..... elected having polled 258884 votes while the appellant polled 2728 votes only. the appellant filed an election petition under section 80 of the representation of the people act 1951 (hereinafter referred to as the act) questioning the validity of the election of the respondent on a number of grounds, including the allegations of corrupt practice of undue influence, hiring and procuring ..... 1. this appeal under section 116-a of the representation of the people act 1951 is directed against the order of the high court of allahabad (lucknow bench) dated 12.10.1981 rejecting the election petition filed by the appellant questioning the election .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2991; JT2009(7)SC92; 2009(II)OLR(SC)229; (2009)12SCC378; 2009(7)LC3326(SC):2009AIRSCW48062009(4)LHSC2600
..... mohapatra and ramakrushna mohapatra is vested in the state by virtue of a notification dated 1.5.1954 issued under section 3 of the orissa estate abolition act, 1951 (in short the `act'). in respect of the land in question the orissa estate abolition case 4 of 1970 was registered. originally the case was registered as oea 18 of ..... in land between the state and the 'raiyat' i.e. the actual cultivator or tiller of the soil. this is in line with the object and purpose of the 1951 act i.e. to establish a direct relationship between the tiller and the state, and to abolish all intermediary interests, by whatever name called.16. `raiyat' is the actual ..... revenue, the order of the oea collector had not attained finality, and hence, the lease deed in favour of kamala devi did not attain finality.12. certain provisions of the act need to be noted.13. section 2(h) defines an `intermediary' as follows:intermediary' with reference to any estate means a proprietor, sub-proprietor, landlord, land holder, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC595; 2008(56)BLJR251; 2007(12)SCALE644; 2007AIRSCW7633
..... of ayurvedic and unani medicines (for short 'the faculty') established under section 17 of the bihar development of ayurvedic and unani systems of medicine act, 1951 (for short 'the 1951 act') were not permitted to appear in the examination for admission in post graduate course in ayurved leading to award of degree of doctor of medicine ..... institutions which were affiliated with the faculty were conferred with the gams degree. after reading the provisions of the act, it is apparent to us that the 1982 act is supplementary to the 1951 act. the 1951 act although provides for the inspection of the institutions which have to be affiliated to the faculty, does not lay ..... intact. no amendment has been brought about till today whereby the degree of gams given by the state faculty is de-recognised under the 1970 act. the 1951 state act with its rules and regulations, is a complete code for recognizing and granting affiliation to indigenous medical institutions by the faculty, provide the course of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1453; (1969)2SCC166; [1970]1SCR479
..... and, therefore, parliament was not competent to legislate upon the subject matter of the impugned act. to appreciate this argument it is necessary to notice briefly the provisions of the industries (development and regulation) act, 1951 (act 65 of 1951) which was enacted by parliament to provide for the development and regulation of certain industries. ..... under section 2 of this act it is declared that it is expedient in the public interest that the union ..... should take under its control the industries specified in the first schedule. section 3(1) of the 1951 act defines a 'scheduled industry' to mean 'any of the industries specified in the first schedule'. the relevant portion of the first schedule is reproduced below .....
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