Court : Supreme Court of India
Reported in : AIR1968SC1068; [1968]2SCR870
..... other law for the time being in force every person who on the date of the commencement of the united provinces tenancy (amendment) act, 1947, is a sub-tenant shall, subject to the provisions of the proviso to sub-section (3) of section 27 of the united provinces tenancy (amendment) act, 1947, be entitled to retain possession of his holding for a period of five years from that date, and for this period nothing in sub-section (2) of section 44 or section 171 shall render the landholder of such ..... appeal, the high court held that the appellants did not become sirdars of this land when the act came into force and, consequently, allowed the appeal and dismissed the suit of the appellants. ..... , 1947, therefore, the appellants were entitled to hold the land for one year which would expire on the 30th june, 1948; but, if they were allowed to continue by their landholder on 1st july, 1948, they became entitled to hold the land for another year expiring on 30th june, 1949. ..... disputes arose between the appellants and the respondents who both claimed to have become sirdars of this land and, consequently, on 1st august, 1952, the appellants instituted a suit for a declaration that they were the sirdars of ..... lease reserves an annual rent, and the period of the lease has to be determined on the basis of this reservation of ..... . 47 when he is required to pay to the land-holder the rent which was payable by the chief tenant in case it happens to be more than the rent which was payable by him as sub-tenant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1236; JT1995(2)SC110; 1995(1)SCALE539; (1995)2SCC161; [1995]1SCR1036
..... right of the viewers and also the right of the producer to telecast the event and in view of these two rights, there is an obligation on the part of the department of telecommunication to allow the telecasting of the event.it is then contended that the grant of a licence under section 4 of the act is a regulatory measure and does not entitle mib either to deny a license to bcci/cab for the purposes of production, transmission and telecasting sports events or ..... to cab stating therein that from the press reports, it had learnt that cab had entered into an agreement with twi for the tv coverage of the tournament, and the dd had decided not to telecast the matches of the tournament by paying twi, and that dd was not prepared to enter into any negotiations with twi to obtain the television rights for the event. ..... 's major markets, almost entirely occupied, although space reserved for ultra high frequency television transmission, which is a relatively recent development as a commercially viable alternative, has not yet been completely filled.the rapidity with which technological advances succeed one another to create more efficient use of spectrum space on the one hand, and to create new uses for that space by ever ..... broadcasting was not inconsistent with article 5 of the basic law but it observed that unlink the press, private broadcasting should not be left to market forces in the interest of ensuring that a wide variety of voices enjoy access to it. ..... cinematograph act, 1952 and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC218; JT2008(8)SC184
..... this court while interpreting sections 8 and 9 of the capital of punjab (development and regulation) act, 1952 in the context of article 14 and 19(1)(f) of the ..... requested to deposit the installments along with interest @ 18% per annum from the date of offer of possession on the due dates otherwise you would be liable to pay penalty equivalent to 10% of the amount due and if you fail to pay the penalty within the prescribed period which would be specified by the estate manager, the plot would be liable for resumption after affording you opportunity of personal hearing ..... being before it as respondents or at least by some of them being before it as respondents in a representative capacity if their number is too large, and, therefore, the allahabad high court ought not to have proceeded to hear and dispose of the sangh's writ petition without insisting upon the reserve pool teachers being made respondents to that writ petition, or at least some of them being made respondents in a representative capacity ..... the high court by its order dated 5.12.06 while allowing the writ petition, quashed the letter dated 12.1.05 and the appellate order on the premise that the respondent had always showed his eagerness to initiate construction and the delay in making the payment had been on account of a genuine belief by the respondent that the request for an alternative plot was ..... the new industrial infrastructure development policy coming into force, the appellant extended the time for implementation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1270; 2006(1)CTLJ145(SC); JT2006(3)SC1; 2006(2)SCALE712; (2006)4SCC109
..... if rent is not paid by the due date, the lessee shall be liable to pay a penalty not exceeding 100 per cent of the amount due which may be imposed and recovered in the manner laid down in section 8 of the capital of punjab (development and regulation) act, 1952, as amended by act no. ..... in the present case, it being the punjab rules under which the allotment was made, we are not in a position to agree with shri bhandare, despite his forceful submissions, that the appellants may not be asked to pay interest, despite their having been no offer of delivery of possession of fully developed plots.similar is the position here also though the rules are not almost identical but somewhat ..... shall be paid on the spot by the intending lessee in the prescribed mode of payment in accordance with rule 12.provided that the estate officer may, in his absolute discretion, allow the successful bidder to deposit in the prescribed mode or payment not less than 10 per cent of the bid on the condition that the difference between the amount deposited and 25 per cent of the bid shall be deposited in the same manner within 30 days of auction.10. ..... for the purpose of proper planning and development and for the implementation of any scheme framed by the chandigarh administration, the chief administrator may reserve sites/buildings for groups of individuals or for persons practicing any profession or carrying on any occupation, trade or business, or for the implementation of any scheme framed by the chandigarh .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1256; JT1990(3)SC483; 1990LabIC1027; (1990)IILLJ249SC; 1990(1)SCALE587; (1990)3SCC294; [1990]2SCR193
..... and the promotees were allowed ..... and ..... and ..... and for ..... and ..... section 1 of the jaipur opium act to the effect that it shall came into force ..... reserving 5% quota of vacancies on 20.3.1974 and ..... and they have been officiating for ..... and ..... and ..... and ..... and will be absorbed in the quota of promotees of subsequent years and ..... and promotions have been made in excess of the quota and the promotees were appointed in the vacancies of the direct recruits and work for a number of years, the quota rule cannot be given effect to and ..... and sessions judges on an ad hoc basis or for fortuitous reasons or by way of a stop-gap arrangement, constitute a class which is separate and ..... and ..... and ..... and ..... and ..... and circumstances of the case; and (vi) as long as the quota rule remains, neither promotees can be allotted to any of the substantive vacancies of the quota of direct recruits nor direct recruits can be allotted to promotional vacancies; and ..... allowed to function in higher posts for 15 to 20 years without due deliberation it would be unjust to hold that they had no claim to such posts and ..... and 1969 to suit the requirements of service and the recruitment made in relaxation of the quota rule and the minimum qualification rule for direct recruits was held to be valid, no effect could be given to the seniority rule enunciated in para 3(iii) of appendix v of the 1949 rules, which was wholly interlinked with the quota rule and ..... and ..... reserved ..... and the promotees were appointed to substantive vacancies in the service and ..... and iii as on june 25, 1979 and ..... 1952 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3839; 86(1998)CLT1(SC); [1997]Supp4SCR151
..... , he shall, as soon as may be, prepare and submit to the committee a schedule setting forth the duties, designations and grades of the officers and employees who may in his opinion, constitute the establishment of the temple and embody his proposals with regard to the salaries and allowances payable to them, and such schedule shall come into force on approval by the committee. 35. ..... provisions of the act shows that broadly speaking the act provides for the management of the secular affairs of the temple and does not interfere, with the religious affairs thereof, which have to be performed according to the record of rights prepared under the act of 1952 and where there is no such record of rights in accordance with custom and usage obtaining in ..... various duties of the administrator enumerated in section 21 were:(f) to decide disputes relating to the collection, distribution or apportionment of offerings; fees and other receipts in cash or in kind received from the members of the public,(g) to decide disputes relating to the rights privileges, duties and obligations of sevaks, office holders and servants in respect of seva-puja and nitis, whether ordinary or special in nature and ; (h) to require various sevaks and other persons to do their legitimate duties ..... moreover, sub-clause (2) of article 25 of the constitution has specifically reserved the right of the state for making any law 'regulating or restricting any economic, financial, political or ..... remunerated by paying a portion .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC252; (1953)55BOMLR536; (1953)IMLJ743(SC); [1953]4SCR1069; [1953]4STC133(SC)
..... the legislature of the state of bombay enacted the bombay sales tax act, 1952, (hereinafter referred to as 'the act') and it was brought into force on october 9, 1952, by notification issued under section 1(3) of the act, except sections 5, 9, 10 and 47 which came into operation on november 1, 1952, as notified under section 2(3). ..... i agree that the bombay sales tax act, 1952, and the rules made, thereunder except rule 5(2)(i) do not contravene the provisions of article 286, that rule 5(2)(i) is clearly severable and can be ignored, that there is no substance in the contention of shri seervai that there is a violation of the fundamental rights guaranteed under article 14 and that the taxation statutes should be construed in a manner so as to allow the statute itself to stand, the taxing authority being prevented by injunction from imposing the tax ..... as both the explanation and clause (2) deal only with inter-state transactions, it may appear at first blush that whatever taxing power the explanation may have reserved to the state of delivery is nullified by clause (2), at any rate until parliament chooses to lift the ban under the power reserved to it by the opening words of clause (2). ..... in the illustration i have put above, if b in madras gets his goods from a in bombay, then, on the learned chief justice's view, b pays a purchase tax on his purchase from a and again a sales tax on his sale to the consumer c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
..... act, the monopolies & restrictive trade practices act, cci act, rules and guidelines, and the industries (development & regulation) act which have been considered by us, to certain provisions of the petroleum act, 1934 (and rules and orders made thereunder) ; explosives act (and rules made thereunder) ; essential commodities act, atomic energy act ; insecticide act ; air (prevention and control of) pollution act, 1981 ; indian standards institution certification (marks) act, 1952 (and rules and regulations thereunder) ; foreign exchange regulation act, 1973 ; interest act, 1978 ; securities regulation act and dowry prohibition ..... by agreement.iv) where no restriction is provided, any future specific charge will rank superior to the earlier floating charge (section 123 of the companies act).v) again, where no specific provision is made in the earlier floating charge with respect to the ranking of ..... in the ministry and between the public financial institutions, j investment institutions, department of banking and cci and reserve bank of india as a large quantum of debentures were coming to the period of maturity in 1989 onwards and redemption and a need was ..... companies were not allowed to resort to ..... will have to pay a premium ..... and reasons of the act states that the object of this measure is to keep in existence...the control over capital issues which was imposed by rule 94-a of the defence of india rules in may, 1943 and continued in force after the expiry of the defence of india act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC538; (1959)61BOMLR192; [1959]1SCR279
..... construed as laying down sufficiently clearly a policy or principle for the guidance of the executive, what objection can there be to construing section 3 of the act now under our consideration as also making a reasonable classification or at any rate as declaring with sufficient clarity the policy of parliament and laying down a principle for the guidance of the exercise of the powers conferred on the appropriate government so as to bring this statute ..... these companies were different from those of the others; that the funds of the limited companies were utilised in purchasing shares in other companies having large reserve funds with a view to get control over them and to utilise those funds for acquiring shares in other companies or otherwise utilise those funds for the personal benefit of these individuals; that the shares were ..... some pretended scheme of arrangement or re-organisation; that after getting control of a company they appointed some of themselves as managing director or selling agent on high remuneration and after a while cancelled such appointment on paying fabulous amounts as and by way of compensation; that funds of one company were transferred to another company to cover up the real financial position. ..... be drawn between a decision which, by itself, has no force and no penal effect and a decision which becomes enforceable immediately or which may become enforceable ..... and 658 of 1957 partly allowed ..... 60 of 1952), the central government hereby appoints a commission of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC714; 1989CriLJ903; JT1989(1)SC21; 1988(2)SCALE42; (1989)1SCC494; [1989]1SCR20; 1989(1)LC340(SC)
..... bakshi ghulam mohammad, : air1967sc122 , while dealing with section 10 of the jammu and kashmir commission of enquiry act, 1962 which seems to be an amalgam of sections 8-b and 8-c of the commissions of enquiry act, 1952 and repelling the argument that section 10 applied only when the conduct of a person came to be enquired into incidentally and not when the committee had been set up to enquire directly into the conduct of a person, it was held:if a commission is set up to inquire directly into the conduct of person, the commission must find it necessary ..... in view of the aforesaid specific term of reference, the principle that the report of a commission of enquiry has not force proprio vigore does not on a pragmatic approach to the consequences seem to constitute sufficient safeguard so far as the petitioners are concerned21. ..... the witness whose evidence is recorded by the committee orally on oath will be allowed to be cross-examined by the concerned parties in accordance with the provisions of the act.14. ..... the committee reserves the right to alter, modify, delete or add to any of these regulations or procedure at any time during the inquiry, as and when it considers necessary.8. ..... if he secures legal immunity from prosecution, the possible impairment of his good name is a penalty which it is reasonable he should be compelled to pay for the common good. .....
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