Court : Central Administrative Tribunal CAT Ahmedabad
Reported in : (2006)(2)SLJ215CAT
..... of the expenditure of the autonomous body is met through cess or central government grants. an autonomous body may be a society registered under the societies registration act, 1860 or a statutory body or a central university having its own governing council whose memorandum of association/by laws, etc. contains provision for complying with ..... sense of the word acquiescence. (1878) lr 8 ch. div 286 (314). (2) acquiescence may be direct or indirect. direct acquiesence is where the act complained of is done with the express approbation of another. indirect acquiesence is where a person having a right to set aside a transaction stands by and is ..... expressions "void and voidable" have been the subject-matter of consideration on innumerable occasions by courts. the expression "void" has several facets. one type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initiovoid and for avoiding the same no declaration is necessary, law does not take any notice of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom75; (1967)69BOMLR93; ILR1967Bom269; 1967MhLJ372
..... of licence.(45) this question was examined in some detail in one of the decisions of the nagpur high court reported in sheoshankar v. state, ilr (1951) nag 646 = (air 1951 nag 58 fb), to which attention has been drawn by the learned cousel for the petitioners. one of the judges constituting the full bench, hidayatullah, j., ..... is described merely as a proprietor of a dal flour mill.(3) the state of maharashtra in exercise of powers conferred by section 3 of the essential commodities act, 1955 (act 10 of 1955) read with the notification of the government of india in the ministry of food and agriculture (department of food) published under gsr 888, ..... as he then was, took the view that, strictly speaking, the application filed by sheoshankar for declaring some of the provisions of the prohibition act ultra vires should be .....
Tag this Judgment!Court : Chennai
Reported in : (1989)2MLJ28
..... court and other high courts and the all india english reports, held : under section 10(3)(a)(iii) of the madras buildings (lease and rent control) act (act xviii of 1960), the application is maintainable and that it is not necessary that the building should be required for the applicant's exclusive business. persons who have ..... & sons v. ambalal tribhuvan das : [1974]3scr55 where the meaning of the expression 'his business' under section 12(1)(f) of the madhya pradesh accommodation control act, 1961 came up for consideration. the said section was in pan matcna with the present section. therefore this court held that the meaning of the expression 'his business' ..... [1988]1scr65 wherein their lordship had occasion to consider the very same question under section 10(3)(a)(iii) of the tamil nadu buildings (lease and rent control) act. that was a case where the land lord filed the petition for eviction on the ground that the premises is required to accommodate the partnership firm in which his .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal273,55CWN719
..... law & order in the state. it appears to me that having regard to all the circumstances a court cannot say that making the provisions of this amending act retrospective was unreasonable in the interest of the general public. this amendment protected a large number of persons and depriving them of such protection might have been ..... amended section 18(1) retrospective and applicable to pending cases was necessarily unreasonable and more than was necessary in the interest of the public? had this amending act not been passed there might well have been serious consequences. a large number of persons would have been ejected and having regard to the housing shortage they ..... a piece of legislation which may well impose unreasonable restrictions in one set of circumstances may be eminently reasonable in a different set of circumstances. the rent acts in this state were enacted to meet the grave housing shortage caused by the last great war and the congestion particularly in the cities and towns of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD607
..... societies for setting up fictitious claims. therefore, the statement of objects and reasons clearly indicates that the lawmaker thought it necessary and expedient to enact the act to arrest and curb the socially and economically damaging activities of the land grabbers.13. although the preamble of a statute is simply a prefatory statement at ..... reasoning of the special court. the primary objective of the act being to prohibit the activity of the land grabbing in the state and to provide adjudicatory forums to decide the cases involving land grabbing, it cannot ..... it needs to be emphasised that the condition precedent for assuming jurisdiction by the special court is that the case must have arisen out of an alleged act of land grabbing. the allegation of land grabbing levelled against the writ petitioner is well substantiated by adducing substantive legal evidence in the case and sound .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... thrice in one sitting or during one tuhar in irrevocable form cannot be deemed to be operative or be considered to be continued under section 2 of shariyat application act (act no. 26 of 1937) read with article 372 of the constitution of india as the same has the effect of perpetuating discrimination on the ground of sex ..... and its provisions including those contained in parts iii, iv and iv-a thereof in the form of enactments such as special marriage act, indian divorce act or dissolution of muslim marriage act, 1939, hindu marriage act 1956 or the like, so as to avoid the harping in darkness on account of uncodified law. here i may join with hon ..... and it is divorce that is only provided.34. the learned advocate general submitted that in view of the provisions of section 2 of muslim personal law (shariyat) application act, 1937 (act no. 26 of 1937) it has been provided that all questions relating to marriage, dissolution of marriage including talaq, ila, etc. where parties are muslims, the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All913
..... of section 7-a if the landlord has already occupied it. i am unable to place such an interpretation which has the effect of defeating the object of the act. the words 'has occupied' must be interpreted to include continuance of oecupation by a landlord after the passing of the allotment order by the district magistrate under section 7 ..... contention of the learned counsel for the petitioner is that having regard to the language of sections 7 and 7-a, u. p. temporary control of rent and eviction act, 1947, where an accommodation falls vacant and the landlord, after giving intimation of this to the district magistrate, himself occupies it before it is allotted to a tenant by ..... . it seems to us, however, clear that this is not the proper interpretation of the expression, more particularly so if we keep in mind the scheme which the act lays down and the object which the legislature had in view in passing this piece of enactment. 4. rule 3 of the rules framed by the state government under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC139; [1954]1SCR842
..... under article 226 of the constitution by the zamindars of hemgir, sarapgarh and nagra. 28. on the 28th of september, 1951, the orissa state legislature passed the orissa estates abolition act of 1951* (orissa act i of 1952*). the act was reserved for the assent of the president and became law on the 23rd of january, 1952, when the president ..... to the state of orissa directing that state not to give effect to the provisions of the orissa estates abolition act of 1951 and not to take possession of the several estates of the three petitioners under that act. 77. the costs of the petitions here and in the high court should, in our opinion, be paid ..... gave his assent. 29. the act enables the state government to take over the 'estates' of all 'intermediaries' situates in the state .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR400
..... the case law in support of his aforementioned contentions, as also other learned counsel for the petitioners, have made a pointed reference to:-(i) in re: delhi laws act, 1912 a.i.r. 1951 s.c. 332;(ii) hari shankar bagla v. state of madhya pradesh, a.i.r. 1954 s.c. 465;(iii) edwards mills co. ltd. v. ..... committee; and(j) 'urban area' means any area comprised in chandigarh, as defined in clause (d) of section 2 of the capital of punjab (development and regulation) act, 1952 (punjab act xxvii of 1952) and includes such other area, comprised in the union territory of chandigarh as the central government may, having regard to the destiny of the population and ..... exempt any building or class of buildings from all or any of the provisions of this act.' the landlord applied to the government seeking exemption of his building from the provisions of the rent act but his application was turned down on june 4, 1951 on the ground that the matter was then sub-judice. after the dismissal of his appeal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(1)ALD(Cri)594; 2005CriLJ929; JT2005(11)SC209; (2005)2SCC409; 2005(1)LC446(SC)
..... section' employed therein would mean the procedural safeguards prescribed under the section. as already pointed out section 15 has overriding effect over the evidence act and criminal procedure code, the only procedure to be followed in recording confession is the procedure prescribed under the provisions of section 15 and rules framed ..... in terrorist and disruptive activities. the preambles and statements of objects and reasons as referred to above are manifestly evident that such extra-ordinary act was made to deal with extra-ordinary situation for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected ..... coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto'.(emphasis supplied)8. the statement of objects and reasons of the act reads as follows:-'prefatory note - statement of objects and reasons.- terrorists had been indulging in wanton killings, arson, looting of properties and other .....
Tag this Judgment!