Court : Supreme Court of India
Reported in : AIR2002SC215,2002(2)ALT21(SC),2002(1)AWC13(SC),JT2001(9)SC596,(2002)1MLJ169(SC),RLW2002(1)SC140,2001(8)SCALE197,(2002)1SCC178
..... and for determination of purchase price of the said land under section 48 read with sections 46 and 49-a of the bombay tenancy and agricultural lands (vidarbha region) act, 1958. the addl. tahsildar allowed the application which was upheld by the sub-divisional officer in appeal and the revenue tribunal in revision. the high court also ..... is the correct description of a person generally managing the estate of a minor without having any legal title to do so.' 19. this court in the case of narayan bal and ors. v. sridhar sutar and ors. : [1996]1scr999 , construing the provisions of applicability of section 8 to a case of transfer of the undivided interest ..... aforementioned who takes interest upon himself, the general management of the estate of a minor can be more appropriately described as 'de facto manager'. before enforcement of the act some confusion prevailed over the powers of de facto guardian or manager for alienating the property of his/her ward. it was held by the privy council in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1003; JT2002(1)SC633; (2002)2MLJ55(SC); (2002)1PLR835; 2002(2)SCALE13; (2002)2SCC445; [2002]1SCR817; 2002(1)UJ718(SC)
..... as rent collecting agent, but outwardly as a tenant, and the tenant i.e. goyal inducting the occupants as licensees, was a fraud on rent restriction act by devising means for short circuiting the beneficial provisions intended to protect tenants. each of the applications for amendment was accompanied by a new written statement sought to ..... , sector 22-b, chandigarh. admittedly, the property is owned by sqn. ldr. gurdial singh (retd), mrs. jasmer kaur, mrs. jagjit kaur, miss sonia bal and vikram singh bal. gurdial singh holds general power of attorney on behalf of other four co-owners. collectively they will be referred to as 'owners' for the sake of brevity. ..... gurdial singh. this arrangement was a brain wave of the petitioner gurdial singh and the defendant goyal to overcome the chilling effects of east punjab rent restriction act, 1949. the tenancy between owners and goyal was a sham transaction. the arrangement, which outwardly appears to be a tenancy between owners and goyal and licensing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1109; 2002(1)ALD(Cri)453; JT2002(2)SC184; 2002(2)SCALE220; (2002)3SCC18; [2002]1SCR1082; 2002(1)UJ566(SC)
..... delhi administration and others etc. and charles gurmukh sobraj versus delhi administration and others [1978 air 1675 = 1979 scr (1) 392], section 30 of the prisons act came up for consideration. the said section runs as follows:- "30.(1) every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence ..... have come up before this bench.before we proceed further to consider the contentions of the learned counsel, we extract below sections 3 and 4 of the act:-"3.temporary release of prisoners on certain grounds.-(1) the state government may, in consultation with the district magistrate or any other officer appointed in this behalf ..... singh has also filed the writ petition challenging the vires of sub-section (3) of section 3 of the haryana good conduct prisoners (temporary release) act, 1988 (for short 'the act') on the ground that the sub-section is arbitrary, illegal, ultra vires and unconstitutional.when both the appeal and the writ petition came before a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2653; 2002(2)ALT(Cri)153; [2002]111CompCas390(SC); (2002)4CompLJ160(SC); 2002(3)Crimes1(SC); JT2002(5)SC180; 2002(5)SCALE218; (2002)6SCC174; [2002]39SCL413(SC); [2
..... authorised in writing, and having endorsed thereon the documents enumerated in the section.19. the expression prospectus is defined in section 2(36) of the act to mean 'any document described or issued as a prospectus and includes any notice, circular, advertisement or other document inviting deposits from the public or ..... 63 68 68a read with section621 of the act, against the appellants, alleging inter alia that the accused persons by making false, deceptive andmisleading statements and by suppressing relevant facts induced various persons to pay ..... be directors of a company- m/s spectrum power generation limited (hereinafter referred to as 'the power company') incorporated under the indian companies act, 1956 (for short 'the act'), having its registered office at secundrabad, in the state of andhra pradesh. the respondent no. 1 filed the complaint alleging offences under section 60 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC225; 2003(2)ALT40(SC); JT2002(9)SC235; (2003)1SCC34; 2003(1)LC61(SC); 2003(2)WLN658
..... a direct cause of action in the matter involving respondent no.3, who has grabbed his house illegally, hence, petitioner is aggrieved of the illegal acts of respondent no.3. since the authorities were trying to act in accordance with the law in deciding representations moved by the petitioner and now these are being scuttled by him in (sic) with the other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3479; 2003(2)AWC1462(SC); JT2003(3)SC284; 2003(3)SCALE342; (2003)9SCC542; [2003]2SCR1000
..... evident from this section, no person could erect or occupy any building in the industrial development area in contravention of any building regulation made under the act. regulation 4 of building regulations shows that no person shall erect any building without obtaining a prior building permit thereof from the chief executive officer in the ..... a person (including a firm or other body of individuals, whether incorporated or not) to whom any land or building is transferred in any manner whatsoever, under this act and includes his successors and assigns;' '6. functions of the authority - (1) the object of the authority shall be to secure the planned development of the ..... challenging the acquisition proceedings is that because their lands are having abadi, they are covered by the existing state policy for not acquiring such lands under the act. whether these lands are paying abadi or not, is a vexed questions of fact which we have kept open for consideration of appropriate authorities instead of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2189; 2003(4)ALLMR(SC)1160; 2003(3)AWC2243(SC); [2003]114CompCas590(SC); [2003(98)FLR1]; [2003(3)JCR146(SC)]; JT2003(4)SC328; (2003)IILLJ1078SC; (2003)134PLR470; 2
..... a constitution bench in express newspapers ltd. and ors. v. union of india and ors. : (1961)illj339sc having regard to the provisions of industrial disputes act and minimum wages act and the following principles for fixation of rates of wages were laid down :(1) that in the fixation of rates of wages which include within its compass ..... but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 and 620 of the companies act. merely because the entire share holding is owned by the central government will not make the incorporated company as central government. it is also equally well settled ..... : (1969)iillj549sc and it was held as under in para 4 of the reports:'.....it is an undisputed fact that the company was incorporated under the companies act and it is the company so incorporated which carries on the undertaking. the undertaking, therefore, is not one carried on directly by the central government or by any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2612; 2003(2)ALD(Cri)199; 2003(2)ALT(Cri)222; 2003CriLJ3117; 105(2003)DLT510(SC); JT2003(5)SC300; 2003(5)SCALE103; (2003)6SCC195; 2003(2)LC1246(SC)
..... being to insulate the cbi from any kind of external influence or pressure so that it may perform it study as enjoined in delhi special police establishment act (dspe act). the question is whether vineet narain really meant to lay down as a principle of law that in every case the result of investigation done by ..... banks above a certain level. .....42. once the jurisdiction is conferred on the cbi to investigate an offence by virtue of notification under section 3 of the act, the powers of investigation are governed by the statutory provisions and they cannot be estopped or curtailed by any executive instruction issued under section 4(1) thereof. ..... this result follows from the fact that conferment of jurisdiction is under section 3 of the act and exercise of powers of investigation is by virtue of the statutory provisions governing investigation of offences. it is settled that statutory jurisdiction cannot be subject to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3032; 2003(4)ALLMR(SC)726; 2003(5)ALT55(SC); 2003(4)AWC3028(SC); 2003(3)CTC557; (2003)3GLR2628; [2003(4)JCR1(SC)]; 2003(3)JKJ8[SC]; 2003(3)KLT86(SC); (2003)IIILLJ2275SC
..... even if they exercise quasi-judicial functions because they are then invested with an authority that even parliament does not possess. under the constitution, acts of parliament are subject to judicial review particularly when they are said to infringe fundamental rights, therefore, if under the constitution parliament itself has nor ..... reason why the power to test the validity of legislations against the provisions of the constitution cannot be conferred upon administrative tribunals created under the act or upon tribunals created under article 323b of the constitution...'10. thereafter, the court to emphasise that administrative tribunals are not functioning properly, quoted ..... have been served by the establishment of such tribunals.8.64 even the experiment of selling up of the administrative tribunals under the administrative tribunals act. 1985, has not been widely welcomed. its members have been selected from all kinds of services including the indian police service. the decision .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(3)ARBLR141(SC); [2003(4)JCR102(SC)]; JT2003(7)SC524; 2003(7)SCALE139; (2003)7SCC492; [2003]47SCL272(SC)
..... . the requirements of natural justice must depend on the facts and circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter to be dealt with, and so forth.' since then, this court has consistently applied the principle of prejudice in several cases. the above ..... that all disputes differences between the parties or their representatives concerning or relating to or touching the said several firms, companies, assets movable or immovable or any act done by the parties or in regard to their respective rights, duties and obligations of the parties hereto or their enforcement which exist between the parties and ..... (sic) passed by a division bench of the calcutta high court affirming an order passed by a learned single judge setting aside an arbitration award.2. the basic act of the matter is not in dispute. two groups of persons - one guptas and another sharmas - held several properties including three firms, six limited companies, one .....
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