Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Page 8 of about 1,913 results (0.327 seconds)

V.D.S.R.Re.Rolling Mill. Vs. the Special Commissioner and Commissioner ...

Court : Chennai

..... the apex court has made it clear stated that nature of the right of the transferee in the granted lands, on transfer of such lands, in breach of the conditions of prohibition relating to such transfer, the object of such grant in the terms thereof also, the law governing such grants and the object of the scheme of the act enacted for the benefit of the weaker sections of the society, would clearly go to show that there is no case of deprivation of such a right and property to attract the provisions of ..... in this clause shall apply to: (a) the alienation of any land in favour of the state government or co-operative society as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the cultivation of the land, or alienation of any land in favour of the indian coffee board as security for loans advanced by the indian coffee board under the coffee development plan; (b) the leasing of any land by a ..... (iii) power to re-enter in case of violation of conditions:- if the conditions of non alienation is violated or if the land ceases to be owned by the assignee or his legal heirs or (after the ten years) other members of their class, owing to sale by process of law or otherwise, or if default is made in the payment of the government revenue on the dates prescribed, the grant will be liable to be resumed by the government who will be entitled to re-enter and take possession of the land without payment of any compensation or refund of .....

Radha Govind Singh Nagesh and ors. Vs. Md. Anjar and ors.

Court : Patna

..... , air 2004 sc 2107, while considering the provisions of section 163a of the act, and the second schedule their lordships of the supreme court after considering the earlier decision finally held that since the provisions of section 163a being the social security provisions, the benefit of which is available only to those ..... act, or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation as indicated in the second schedule, to the legal heirs or the victim, as the case may be,(2) in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the ..... the learned counsel also submitted that despite the specific provision in section 163a that the central government may, keeping in view the cost of living, by notification in official gazette from time to time amend the schedule, ..... 1996) 4 scc 362 and their lordships held that calculation of compensation and the amount-worked out in the second schedule suffers from several defects, their lordships observed :'we must at once point out that the calculation of compensation and the amount worked out in the ..... determined in terms of chapter xii of the act.18. ..... iii) whether the accident took place on 22.9.2002 as alleged in the .....

Mahindra and Mahindra Ltd. and ors. Etc. Etc. Vs. Mr. Avinash D. Kambl ...

Court : Mumbai

Reported in : 2008(3)ALLMR1; 2008(2)BomCR497; (2008)110BOMLR805; 2008(4)MhLj125; 1996(72)FLR166

..... the question before the court principally was, however, whether the provisions of mrtu & pulp act stood impliedly repealed by the provisions of chapter vc of the industrial disputes act inserted by amendment in 1982. ..... such arguments are pushed through enterprising members of the legal fraternity to secure a shift in the law through judicial pronouncements, possibly under the mistaken belief that judiciary would bite the bait, forgetting that changes in law of this magnitude are brought about by appropriate legislative instruments or subordinate legislation and not through speeches of ministers or bureaucrats before chambers of commerce. ..... waiting list--(1) the manager shall maintain a waiting list of all temporary operatives whose services have been terminated on account of the completion of the work for which they were appointed or on account of the expiry of the period for which they were employed, containing the following particulars namely:(i) their names and addresses, (ii) the nature of work or occupation in which they were employed, (iii) the wages paid to them during employment, and (iv) the dates of termination of their services. ..... member, industrial court reported at 2004 ii clr 952, and shekoba auto private ltd. v. b.d. ..... syndicate bank reported at 1996 lic 1161 , on which shri thakur, learned counsel for the workmen, placed reliance. .....

Lokhandwala Infrastructure Pvt. Ltd. (Previous Known as Lokhandwala Bu ...

Court : Mumbai

Reported in : 2008(5)ALLMR743

..... the decision of the corporation in rejecting the proposal of the petitioners is primarily based on its decision dated 24/8/2007, the said decision dated 22/1/2008 is also set aside and the corporation is directed to reconsider both the proposals for redevelopment by subdividing the plot submitted by the developer appointed by the municipal tenants as well as the petitioners afresh and in accordance with law ..... the deputy mayor of the corporation vide his letter dated 28/5/2004 informed the assistant municipal commissioner that the fresh guide-lines prepared by the corporation for redevelopment of the municipal staff quarters are pending approval before the state government and as and when the said guide-lines are approved, the proposal submitted for redevelopment of the municipal staff quarters by the ..... housing societies of existing tenants or by co-operative housing societies of landlords and/or occupiers of a cessed buildings of 'a' category in island city, which attracts the provisions of mhada act, 1976 and for reconstruction / redevelopment of the buildings of corporation constructed prior to 1940, the fsi shall be 2.5 on the gross plot area or the fsi required for rehabilitation of existing tenants plus incentive fsi as specified in appendix iii whichever is more. ..... secured which is the best development proposal ever secured by the ..... the writ petition has been amended to challenge the ..... (1996)6scc558 , the supreme court while setting aside the discretionary allotments made by the .....

The Karnataka Planters' Association by It's Chairman, Vs. State of Kar ...

Court : Karnataka

Reported in : ILR2009KAR2938:2009(6)AIRKarR227

..... the terms of the contract in this context, the apex court in the said decision considered the power of the industrial tribunal and the power of the appropriate government under the provisions of the minimum wages act and distinguishing the same, it is held that, the conditions of service under the contract cannot be altered by an appropriate government in exercise of power under the provisions of the act there cannot be any different opinion on this aspect in this case, it is not pointed out as to how the government is exercising its power outside the scope of the provisions of the ..... attendance, or(b) any other amenity or any service excluded by general or special order of the appropriate government;(ii) any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance;(iii) any travelling allowance or the value of any travelling concession;(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or(v) any gratuity payable on discharge.no doubt, there is no ..... the background of article 39, 39(e), 42 and 43 of the constitution requires that, the state must endeavour to make policy towards securing the right to an adequate means of life to the citizens of the ..... the purpose of determining the minimum wages, the authority cannot determine the minimum wages based on the general conditions of the employee or on the ground of social justice, and it must be in accordance with law .....

Saurabh Chaudri and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2004SC361; 2003(4)CTC477; [2004(1)JCR140(SC)]; JT2003(8)SC296; (2003)11SCC146; (2004)1UPLBEC279

..... : (2002)8scc481a , had to say the following :'further, under clause (2) of article 246 parliament and subject to clause (1) the legislature of any state are empowered to make law with respect to any of the matters enumerated in list iii seventh schedule and under clause (3) of article 246, the legislature of any state is empowered to enact law with respect to any of the matters enumerated in list ii in the seventh schedule subject to clauses (1) and (2). ..... counsel apart from the fact that the students who had gone to pursue their mbbs courses outside the state are entitled to take part in all india open competition, they having regard to the amendments made in the rules framed by the states of karnataka, assam and others being entitled to institutional preference in the state where they had studied, may not be held to be entitled to a further indulgence of competing with the students of delhi university in 75% quota on the ground that they are ..... shri salve further contended that in terms of the constitutional scheme, reservation is permissible only when there exist compelling government objectives therefore and that too on nominal basis if it can be demonstrated that 'rule of merit' should not be allowed to be sustained and when the class in whose favour a departure is sought to be made constitutes a homogeneous group and such departure satisfies the tests of social justice for securing equality upon comparison of such disability suffered by such class or group of persons .....

Mahalakshmi Sugar Mills Co. Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : 2008AIRSCW8078; AIR2009SC792; JT2008(6)SC177; 2008(6)SCALE275; 2008(1)LC611(SC)

..... the manufacturing cost of sugar and securing of reasonable return on the capital employed in the business of manufacturing sugar are also relevant factors under clause (b) and (d) of section 3(3c) of the ec act and, therefore, the fixation of higher price for sugarcane by the state government by itself cannot have any major or substantial impact on the fixation of the price of the levy sugar by the ..... the union of india to amend the notifications taking into account the liability of the manufacturers under clause 5-a of the sugar-cane (control) order as regards cane price and refix the price of levy sugar having regard to the factors mentioned in section 3(3c) of the act ..... on the ground that:a) it is ultra vires the constitution;b) it is ultra vires the parent act; c) it is contrary to the statutory provisions other than those contained in the parent act; d) law-making power has been exercised in bad faith;e) it is not reasonable; and f) it goes against legislative policy, and does not fulfill the object and purpose of the enabling act. 54 ..... the union of india visa-vis the decision in modi, it was observed that the direction given in paragraph 109 of malaprabha-i was quite clear and did not lend itself to two interpretations and there was no confusion in relation thereto as thereby this court had directed the central government to take into account the liability of the manufacturer under clause 5a of the 1996 order as regards cane price for re-fixation of the ..... and 2.39 of chapter ii of .....

Govt. of A.P. and anr. Vs. G. Jaya Prasad Rao and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1503; 2007(3)ALD42(SC); (2007)4MLJ1039(SC); 2007(4)SCALE630

..... 1996]3scr433 , the question was that the state government issued a circular dated 7.10.1991 in respect of ex-servicemen who had entered military service before emergency, prohibiting the withdrawal of the benefits from them if they had joined the state government service before the date of the amendment of the rules and directing to withdraw the benefits from such of them as had joined the service of the state government subsequent to the date of amendment of the ..... transfer and postings:(a) a member of the service shall be liable to serve in any part of the state of andhra pradesh or when so ordered by the state government in any part of india, outside in the said state:provided that nothing contained in this sub-rule shall effect the operation of the provisions of chapter-xii in part-vii of the fundamental rules in regard to transfer of officers to foreign service: ..... the police act, one police force is in the state and the police administration under the inspector general of police could have ranges headed by the deputy inspector general of police and the districts are headed by the ..... ,(woman) west godavari andkrishna districtszone-iii comprising guntur,prakasam and nelloredistricts.zone-iv comprising chittor, cuddapah, anantapur and kurnool districts.zone-v comprising adilabad,karimnagar, warangal and khammam districts.zone-vi comprising nizamabad,mahaboobnagar, medak, nalgonda and ranga reddydistricts.area under the jurisdictionof the commissioner ofpolice, hyderabad.rule 11 .....

Gujarat State Marketing Co-op. Federation Ltd. Vs. State of Gujarat

Court : Gujarat

Reported in : (2004)3GLR502

..... 147) and of the supreme court in appeal there from [ air 1952 sc 196], in the context of the criminal law amendment act, also do not help the petitioners in any manner. ..... ......it was urged on behalf of the petitioners that the entire guideline is vague and imprecise, inasmuch as there is absolutely no standard for determining as to what is in the interest of co-operative movement, or for that matter public interest or how the purpose of securing proper management can be best achieved. ..... a right to form an association guaranteed under article 19(1)(c) does not imply the fulfillment of every object of an association as it would be contradictory to the scheme underlying the text and the frame of several fundamental rights guaranteed by part iii and particularly by the scheme of the guarantees conferred by sub-clauses (a) to (g) of clause (1) of article 19. ..... the state authorities appear to have consistently followed the practice of disclosing the names of the proposed nominees and detailed guidelines, the latest being by resolution dated 8.4.2004, which were placed on record, are being followed to determine the eligibility of the proposed nominees as stated by the learned advocate general. ..... the whole chapter v of the act is devoted to 'state aid to societies'. ..... uk, [(1996) echr 329] was as under:'the differential treatment must not only pursue a legitimate aim. .....

G.M. Venkatareddy and Another Vs. the Deputy Commissioner, Kolar Distr ...

Court : Karnataka

..... the commencement of the act in violation of the condition regarding prohibition on such transfer and the transfer who had initially acquired only a voidable title in such granted lands had perfected his title in the granted lands by prescription by long and continuous enjoyment thereof in accordance with law before the commencement of the act, such granted lands would also not come within the purview of the present act, as the title of such transferees to the ..... the writ court, the appellants contended that the grant was absolute and unconditional, that the authorities had not perused the certified copy of the grant order, that sub-rule (8) of rule 43 of the mysore land revenue code (for brevity, the ode) was amended on 04.08.1953 which provided for non-alienation for a period of 20 years only and by further amendment dated 06.07.1955, this period was further reduced to 15 years ; that the ..... would be interesting to reproduce the relevant contents of chapter viii from manusmriti to the effect_ a pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a srotriya are ..... the limitation act, it has been prescribed that it would be 30 years in respect of immovable property belonging to a member of the scheduled tribes as specified in part iii to the schedule to the ..... 2004(9) scc 780, where the bench observed as follows:the act was enacted with the object enshrined in the preamble of the constitution including the .....