Judgment Search Results Home > Cases Phrase: tamil nadu municipal laws second amendment act 2011 Page 11 of about 13,097 results (0.193 seconds)

igate Global Solutions Limited Vs. the State of Tamil Nadu

Court : Chennai

..... land in question have been changed in the name of the tamil nadu housing board, as such, the question of application of the ratio laid down by the apex court in pune municipal corporation case cannot be applied to the petitioner, again referring to the second contingency that where an award has been made five years or more prior to the commencement of the 2013 act and the compensation has not been paid, in such situation, ..... while criticising the locus standi of the petitioner in challenging the acquisition proceedings, has heavily argued that by virtue of section 16-a of the land acquisition (tamil nadu amendment) act, 1996, the transfer of the land in question in favour of the petitioner after the issuance of section 4(1) notification shall be null and void ..... 33042, 34471 to 34474 of 2005 challenging the notice issued by the tamil nadu housing board and this court, by disposing off the writ petitions by order dated 11.8.2008, issued a direction to the first respondent to consider the petitioner's representation dated 5.10.2005 as per section 48-b of the land acquisition act and pass appropriate orders on merits and in accordance with law after affording a personal hearing to the petitioner to present their case ..... . in a comparatively recent decision, this court in agnelo santimano fernandes, (2011) 11 scc506 relying upon the earlier decision in prem nath kapur, (1996) 2 scc71 has held that the deposit of the amount of the compensation in the state's revenue account is of no avail .....

Union of India Vs. Nareshkumar Badrikumar Jagad .

Court : Supreme Court of India

..... had been in force at all material times; (b) any lease hold property divested from the national textile corporation to any person under the provisions of this act, as it stood immediately before the commencement of the textile undertakings (nationalisation) laws (amendment and validation) act, 2014, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the national textile corporation in the same manner as it was vested in the national textile corporation before ..... was placed on state of tamil nadu vs ..... if that challenge succeeds, the position as it stood before the coming into force of the validation act 2014 would get revived and then the judgment of this court dated september 5, 2011 in civil appeal no.7448 of 2011 can be taken to its logical end against the ntc ..... of this indisputable factual position is that the trust could and ought to seek eviction of the union of india from the suit property if it intends to do so, on grounds permissible under and in the manner prescribed for in the municipal rent legislation as applicable at the relevant time.47 ..... . secondly, section 4 of the 1952 act confers power on the court to apply the law notwithstanding any provision contained in the code of ..... . second, the said provision applies to only subsisting ..... secondly, the fact now asserted by the union of india by way of review petition and which contention is supported by ntc, namely, that the tenancy rights in the suit property of the erstwhile podar mills .....

National Textile Corp. Ltd. Vs. Nareshkumar Badrikumar Jagad .

Court : Supreme Court of India

..... had been in force at all material times; (b) any lease hold property divested from the national textile corporation to any person under the provisions of this act, as it stood immediately before the commencement of the textile undertakings (nationalisation) laws (amendment and validation) act, 2014, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the national textile corporation in the same manner as it was vested in the national textile corporation before ..... was placed on state of tamil nadu vs ..... if that challenge succeeds, the position as it stood before the coming into force of the validation act 2014 would get revived and then the judgment of this court dated september 5, 2011 in civil appeal no.7448 of 2011 can be taken to its logical end against the ntc ..... of this indisputable factual position is that the trust could and ought to seek eviction of the union of india from the suit property if it intends to do so, on grounds permissible under and in the manner prescribed for in the municipal rent legislation as applicable at the relevant time.47 ..... . secondly, section 4 of the 1952 act confers power on the court to apply the law notwithstanding any provision contained in the code of ..... . second, the said provision applies to only subsisting ..... secondly, the fact now asserted by the union of india by way of review petition and which contention is supported by ntc, namely, that the tenancy rights in the suit property of the erstwhile podar mills .....

Nareshkumar Badrikumar Jagad and Ors. Vs. O P Singh and Ors.

Court : Supreme Court of India

..... had been in force at all material times; (b) any lease hold property divested from the national textile corporation to any person under the provisions of this act, as it stood immediately before the commencement of the textile undertakings (nationalisation) laws (amendment and validation) act, 2014, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the national textile corporation in the same manner as it was vested in the national textile corporation before ..... was placed on state of tamil nadu vs ..... if that challenge succeeds, the position as it stood before the coming into force of the validation act 2014 would get revived and then the judgment of this court dated september 5, 2011 in civil appeal no.7448 of 2011 can be taken to its logical end against the ntc ..... of this indisputable factual position is that the trust could and ought to seek eviction of the union of india from the suit property if it intends to do so, on grounds permissible under and in the manner prescribed for in the municipal rent legislation as applicable at the relevant time.47 ..... . secondly, section 4 of the 1952 act confers power on the court to apply the law notwithstanding any provision contained in the code of ..... . second, the said provision applies to only subsisting ..... secondly, the fact now asserted by the union of india by way of review petition and which contention is supported by ntc, namely, that the tenancy rights in the suit property of the erstwhile podar mills .....

M. Venkata Subbaiah Vs. Engineer-in-chief, Public Health and ors.

Court : Andhra Pradesh

Reported in : 2007(1)ALD657

..... it was held that in a term of tender is deleted after the players entered into the arena it is like changing the rules of the game after it had begun and therefore, if the government or the municipal corporation was free to alter the conditions fresh process of tender was the only alternative permissible, by reason of deletion of a particular condition the wider net will be permissible and a larger participation or more attractive bids ..... was subsequently transferred to the tamil nadu administrative tribunal and was numbered ..... dated 11-11-2003 reads as hereunder:government of andhra pradeshpublic health & municipal engineering departmentproceedings of the superintending engineer, public health circle, mulapet, ..... the doctrine of fairness or the duty to act fairly and reasonably is a doctrine developed in the administrative law field to ensure the rule of law and to prevent failure of justice where the ..... . : [1994]2scr67 , while dealing with the doctrine of reasonableness and fairness it was held:the duty to act fairly cannot be sought to be imported into the contract to modify and alter its terms and to create an obligation upon the state which ..... but it can certainly not be invoked to amend, alter or vary the express terms of ..... the whole factual matrix and in view of the close nexus, it is needless to say that the result of the second writ petition w.p. no ..... the date of publication of tender notices to the date of receipt of tenders is 14 days for the first call and 7 days for the second call .....

Puneet Travels and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : II(1998)ACC482; 1996(0)MPLJ318

..... dated 7-6-1991 issued by the state government in its delegated power under section 3-a increasing the levy of rate of additional tax for the period from 16th june to 15th october, by amending third schedule by a notification, found that rates prescribed by notification dated 29-8-1989 as 14 paise per seat per 10 km for a period between 16th october to 15th june and 12 paise ..... vehicles -(i) having seating capacity not exceeding six passengers excluding the driver and plying with valid permit; or(ii) plying exclusively within the areas of municipal corporations, municipal committees, cantonment boards, notified area committees, special area development authorities and on such routes serving adjacent areas as may be approved and notified by the state government. ..... court ruled that under article 245 legislature while has the legislative power to render ineffective the earlier judicial decision by removing or altering or neutralizing the legal basis in the unamended law on which such decisions were founded, even retrospectively, does not have the power to render ineffective the earlier judicial decisions as invalid or not binding for such power, if ..... of act of 1947 as amended by amending act, m. ..... tamil nadu ..... validity of a validation law enacted is to be judged by three tests : firstly, whether the legislature possesses competence over the subject, secondly by validation the legislature has removed the defect which the courts have found in the previous laws; thirdly, whether it ..... municipality .....

Kolkata Municipal Corporation Vs. Harbans Lal Malhotra and Sons Pvt. L ...

Court : Kolkata

Reported in : 2006(3)CHN237

..... scc 138 that while in the background of interpretation of prevention of corruption act and the amendment brought thereto by the government of tamil nadu, the apex court was of the view that the word 'or' would give the scope of al tentative remedy and in the case reported in 1987(3) scc 208, the apex court thought that in the special background of labour law legislation the word 'and' should be taken as disjunctively used conjunction to ..... decisions one thing is very much clear and it cannot be disputed by either of the parties that what would be the actual meaning of the word 'and' or 'or' would certainly depend on the background and intention of the act in force and keeping this interpretation in mind, when i look at section 174(1) and (2) together with sub-section (4a), i am of the opinion that the intention of the statute was to treat vacant land at a ..... taken me through paragraph 9 of the judgement reported in 1999(5) scc 138 to show that the world 'or' and the word 'and' sometimes used in rules, laws or bye-laws with specific intention of its maker and the meaning of 'or' and the word 'and' shall depend on the factual background under which such conjunction was used. mr ..... after hearing, the learned advocate for the appellant kolkata municipal corproation and the opposite party on the last occasion the points for determination arose whether the tribunal in its order impugned in this application was justified for the purpose ..... though the second judgement reported in 1987(3) scc .....

Working Friends Coop. House Build.So.Ltd Vs. State of Punjab and Ors.

Court : Supreme Court of India

..... made in this case on behalf of the state of punjab and negatived by this court, related to the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement (amendment) ordinance, 2014, whereby a second proviso was inserted in section 24(2) of the act. ..... tamil nadu ..... in paragraph 20 of the aforesaid decision, that the award had been made by the land acquisition collector more than five years prior to the commencement of the act and compensation had not been paid to the landowners/persons interested nor deposited in the court. ..... the decision rendered in pune municipal corporation and shiv raj were ..... this is for the reason that one of the requirements mentioned in section 24(2) of the act is that the compensation should have either been paid to the land owner or should have been deposited in ..... after examining the objects and reasons for the act that since the possession of the acquired land had not been taken and compensation had been deposited with the revenue department, it could not be termed as deemed payment of the compensation as held in pune municipal corporation. ..... we need not note the cornucopia of case law available on the subject because aforesaid legal position clearly emerges from the various decisions and this legal position was conceded by the counsel for ..... law laid down by the constitution bench, it must be held that the appellant had an accrued right which must be recognized by section 24(2) of the act ..... the law on the subject is now no ..... law on .....

Municipal Corporation of Delhi Vs. Qimat Rai Gupta and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2742; (SCSuppl)2007(3)CHN19; JT2007(9)SC496; 2007(9)SCALE415; (2007)7SCC309; 2007(2)LC980(SC); 2007AIRSCW4952

..... the said act was enacted to consolidate and amend the law relating to the municipal government of ..... the meaning of the word 'made' occurring in sub-section (4) of section 126 of the delhi municipal corporation act, 1957 (hereinafter called and referred to, for the sake of brevity, as 'the act'), is in question in this appeal which arises out of a judgment and order dated 25.08.2004 passed by a division bench of the delhi high court in ..... by reason of an order dated 14.12.2000, the appellate authority opined that no amendment in terms of sub-section (1) of section 126 of the act could be made after lapse of period of three years from the end of the year in which the notice was given and as the notice in the case had been issued in the period ending 31.03.1997 ..... , tamil nadu (supra), wherein ramaswami, ..... , tamil nadu : 1991ecr305(sc) .13. ..... and order dated 25.08.2004, a division bench of the high court reversed the said decision of the learned single judge opining that the date of the order 'made' in terms of section 126(4) of the act should be taken to be the date when the same was communicated to the assessee and not the one when it was signed.7. ..... are the owners of a property bearing no.1/2 of 1 (1&3) part, ram kishore road, civil lines, delhi, which was proposed to be assessed for property taxes by the competent authority of municipal corporation of delhi, a notice wherefore was issued in march 1997 purported to be under section 126 of the act to fix the rateable value thereof at rs. .....

Visakhapatnam Port Trust Vs. Commercial Tax Officer Krupam Market, Vis ...

Court : Andhra Pradesh

Reported in : 2002(4)ALD310

..... by the port trust and the liability to pay sales tax according to the provisions of the tamil nadu general sales tax act in the light of an amendment brought to the provisions of the act and the subsequent amendment brought to sub-clause (iii) of section 2(g) of the tamil nadu general sales tax act by amendment (act 31 of 1992), which defines a 'dealer' and reviewed the entire case law. ..... an agent for cash, or for deferred payment or for any other valuable consideration shall be deemed to be a dealer to the extent of such disposals or sales, namely:- (a) the port trust; (b) municipal corporation and municipal councils, and other local authorities; (c) railway administration as defined under the indian railways act, 1890; (d) shipping, transport and construction companies; (e) air transport companies and air-lines; (f) transports, holding permits for transport vehicles granted under the motor vehicles ..... act, 1988 which are used or adopted to be used for hire; (g) the andhra pradesh state road transport corporation; (h) customs department of the government of india administering the customs act, 1962; (i) insurance and financial corporations or companies and banks included in the second schedule to the reserve bank of india act, 1934; (j) advertising agencies; (k) any other corporation, company body or authority owned or set .....