Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
..... a wide field as may be evidenced by the elaborate provisions for preparation and implementation of the schemes by the trust under the said act. although acquisition under the acquisition act is also generally for public purpose, the charter of the requisition under the improvement act is different and the difference has a definite and intimate ..... 2004 is allowed and acquisition of land in respect of 53 acres of land in nagavara village which is the subject-matter of the aforesaid writ petition is quashed.(2) w.a. no. 2757 of 2005 is partly allowed. in w.p. no. 25807 of 2004 filed by tata housing development company in respect of land ..... bearing sy. nos. 17/1, 18, 19, 20, 26 and 94 situated at hennur village, kasaba hobli, bangalore, in all measuring about 26 acres 12 guntas, the finding of the learned single judge is set aside. liberty is granted to the petitioners therein to make appropriate application before the bda for deleting the said land from acquisition .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR1715; 1999(5)KarLJ193
..... , the body held to be state was a statutory corporation, and in the case of som prakash, supra, the company held to be state was formed after statutory acquisition of a private company, the body held to be state was only a society registered under the societies registration act. it was held to ..... of the powers conferred by sub-section (1) of section 7 of the burmah shell (acquisition of undertakings in india) act, 1976 (2 of 1976), the central government, being satisfied that burmah shell refineries limited, a government company is willing to comply with such terms and conditions as may be imposed by the central government ..... telephone industries limited which is another public sector undertaking engaged in the manufacture of defence and telecommunication equipment, is similar.33. these two organisations are government companies subject to pervasive control of the central government. therefore, these organisations are 'other authorities' under article 12 of the constitution of india. in fact, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP62; 2002(1)MPHT84; 2002(2)MPLJ195
..... the conclusion that neither the widest interpretation nor the narrow interpretations canvassed before us are acceptable. the interpretation which was accepted by the majority in theatiabari tea company case (supra) is correct but subject to its clarification. regulatory measures are measures imposing compensatory taxes for the use of trading facilities do not ..... to these cases. similarly, decision in automobile transport (rajasthan) limited etc. v. state of rajasthan and ors. (air 1962 sc 1406) explains decision inatiabari tea company case (supra), and it is said in paragraph 14 thus:'14. after carefully considering the arguments advanced before us, we have come to the conclusion that ..... of 20 paise per unit. under section 44 of the act of 1948, obtaining of prior written consent from the electricity board before establishment or acquisition of generating set is necessary. it does not provide that the person so authorised to generate and utilise electricity from the generating sets would do .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All674
..... delegated falls under the head of what we have described as supplementary legislation, intended to make effective the general principles contained in those chapters. section 305 authorises acquisition of the interest of a person holding an uneconomic holding on payment of compensation, by which term we understand is meant its equivalent monetary value. the details ..... a matter for the legislature. classification on a reasonable basis is not bad because it is not done with mathematical accuracy -- (see stuart lindsley v. natural carbonic gas company, (1911) 55 law, edn. 369 at p. 377) & further there is a presumption that the legislature knows correctly about the needs of the people and the ..... discrimination by it must be deemed to be on adequate grounds (see charlie middleton v. texas power and light company, (1919) 63 law, edn. 527 at p. 581. it is further pointed out in jessie norton torrence magoun v. hinds trust and savings bank, (1898) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... bank nationalisation case [1970] 3 s.c.r. 530 in which a bench of 11 judges held by a majority of 10 to 1 that the banking companies (acquisition and transfer of undertakings) act, 1969 violated the guarantee of compensation under article 31(2) in that, it provided for giving certain amounts determined according to principles ..... by this court in rustom cavasjee cooper v. union of india [1970] 3 s.c.r. 530 where it was held by ten judges that the banking companies (acquisition and transfer of undertakings) act violated the guarantee of compensation under article 31(2) in that it provided for giving certain amounts determined according to principles which ..... that the citizen's right to property has now been transferred into the state's right to confiscation, that acquisition under the land acquisition act and under other similar laws can be for the benefit of even limitied companies in the private sector, and that religious freedoms guaranteed by articles 25 to 30 can be virtually stifled by .....
Tag this Judgment!Court : Supreme Court of India
..... a world order to curb money- laundering, gave a very wide interpretation to the concept of money- laundering. there has been a consensus that acquisition, possession, use, concealing or disguising the illicit origin of illegitimately obtained money to evade legal consequences would be money-laundering. further, concealing and ..... it is a sui generis legislation, not only dealing with the prevention, detection, attachment, confiscation, vesting and making it obligatory for the banking companies, financial 498 institutions and intermediaries to comply with certain essential formalities and make them accountable for failure thereof, and also permits prosecution of the ..... with offence of money-laundering. chapter iii deals with the mechanism of attachment, adjudication and confiscation. chapter iv deals with obligations of the banking companies, financial institutions and intermediaries. chapter v is in respect of steps and safeguards to be taken for issuing summons, carrying out searches and .....
Tag this Judgment!Court : Supreme Court of India
..... products thereby so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those ..... would have been an indication to that effect in the act itself. the question, therefore, is whether absence of specific provision as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 that the shareholding shall always be held by the government, will give a ..... which we have adverted to now. hence, the argument begs the question which is put in issue before us.14. again accretions to the government company s assets subsequent to acquisition of the undertaking is an irrelevant 41 part d factor in the context of the question we are considering. here what is required to be seen .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... writ petition for the purpose of implementation of rajarhat new township project in mouza kochpukur (a/r -- annexure 'r-3' at pages 265-284 of the compilation). the proposed acquisition of the major part of the area was withdrawn by notifications dated 7th september, 2004 (a/r -- annexure 'r-3' pages 285-287 of the compilation). only a ..... area boundary'. it is an admitted position that this area was later amalgamated with mouza kochpukur. which also in its entity is outside the wetlands. a series of land acquisition cases and notices under la act, 1894 have been issued in respect of different areas of land for 'implementation of rajarhat new township project' in l.r. dag ..... was prescribed. the phrase 'tank fishery' has not been defined in the west bengal land reforms act. the phrase 'tank fishery' has been defined in the west bengal estates acquisition act, 1953 (wbea act) in the explanation to section 5(1)(e) thereof. in section 2(vi) of the west bengal inland fisheries act, 1984, a tank .....
Tag this Judgment!Court : Karnataka
..... land owner seeking a reference for a higher compensation. part iv dealt with apportionment of compensation, while part v of the said act concerned with payment. acquisition of land for companies was dealt with in part vii of the said act and a special procedure was prescribed. part viii pertained to miscellaneous provisions. thus, the whole ..... . moreover, the object and purpose of the two acts are distinct.20. the object and purpose of the la act, 1894, is for acquisition of the land for public purposes and for companies. the expression public purpose is defined in section 3(f) of the said act. it is an inclusive definition and - 100 - not an ..... contrast, the scheme of the la act, 1894, which is since repealed by 2013 act was an expropriatory - 102 - legislation to provide for acquisition of land for public purposes and for companies. section 4 of the said act dealt with publication of preliminary notification while section 5-a provided for hearing objections with regard to the proposed .....
Tag this Judgment!Court : Karnataka
..... owner seeking a reference for a higher compensation. part iv dealt with apportionment of compensation, while part v of the said act concerned with payment. acquisition of land for - 48 - companies was dealt with in part vii of the said act and a special procedure was prescribed. part viii pertained to miscellaneous provisions. thus, the whole ..... the object and purpose of the two acts are distinct.-. 33 - 23. the object and purpose of the la act, 1894, is for acquisition of the land for public purposes and for companies. the expression public purpose is defined in section 3(f) of the said act. it is an inclusive definition and not an exhaustive one. ..... 30. by contrast, the scheme of the la act, 1894, which is since repealed by 2013 act was an expropriatory legislation to provide for acquisition of land for public purposes and for companies. section 4 of the said act dealt with publication of preliminary notification while section 5-a provided for hearing objections with regard to the proposed .....
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