Court : Supreme Court of India
Reported in : 1995Supp(2)SCC69
..... note of the fact that the state government has made it clear that they are interested in exploiting the area themselves either directly or on agency basis through the haryana state industrial corporation the central government observed that the state government has the power to carry on trade or business as prescribed by article 298 of the constitution as amended by the constitution (seventh amendment) act, 1956, and a private individual cannot question the right of the government to deal with mineral resources in the state in the manner they deem fit in the public interest ..... the high court rejected the challenge to the validity of section 11(2) of the act but it upheld the contention urged on behalf of respondent 1 that the date of application could not afford the basis for preferential right under section 11(2) of the act and that the claim of respondent 1 should also have been considered by the central government. ..... this led to a second set of revision petitions by both the applicants before the central government wherein the central government passed the order dated 24-2-1970 directing the state government to reconsider the applications of both the applicants and decide them on their merits. ..... this appeal by special leave is directed against the judgment of the delhi high court dated 13-3-1975 in cwp no. ..... 350 of 1975 which has given rise to this appeal.6. ..... 350 of 1975.2. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi278
..... it may be mentioned further that at the time when the writ petitions were filed clause (3) had not been added to article 226 of the constitution and now again on the date on which we are deciding the writ petitions also clause (3) of article 226 which had been added in the meantime by constitution (forty-second amendment) act has been repeated by the constitution (forty-fifth amendment) act, which has been ratified by the states and has just been assented to by the president. ..... the constitution (forty-second amendment) act was passed late in 1976. ..... sales-tax officer, ahmedabad-i and others, (1974) 34 stc 65, it was observed by the supreme court that after the amendment of the definition of 'sale' in the bengal finance (sales-tax) act from 1-10-1959 the type of transaction which was subject to tax in the earlier installment supply case would not be subject to tax. ..... (4) the bengal finance (sales-tax) act, 1941 has been applied to delhi and is and was until 1975 the law of sales-tax in delhi. ..... additional commissioner of income-tax, 2nd (1975) 1 delhi 53, reference was made to the decisions of the supreme court in sheo nath singh v. .....
Tag this Judgment!Court : Delhi
Reported in : 1984CriLJ1261; 1984(2)Crimes5; 26(1984)DLT1; 1984(6)DRJ8; (1984)IILLJ354Del; 1983RLR765; 1984(2)SLJ336(Delhi)
..... (24) the act in so far section 12a is concerned was amended by the food corporation (amendment) act of 1982 (no. ..... but to the petitioner the amended act does not apply. ..... in that case the amended act will apply. ..... or other employee transferred by an order made under sub-section (1):- (a) shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the corporation as may be specified in the regulations made by the corporation under this act ; (b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him ..... the amendment act of 1982 has no application to him. ..... the 1976 amendment eliminates the second opportunity before imposing punishment, but retains the safeguard that the punishment must be founded on the basis of the findings at the inquiry, and not anything extraneous thereto. ..... he came to the corporation on deputation and continued to work here in 1975, his services were transferred from the central government to the corporation under sec 12a of the act. ..... a gazette notification dated 18-3-1975 was published transferring his services with effect from 1-3-1969 from the government to the corporation. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj9; (1982)1GLR333
..... as inserted by the aforesaid amending act in the then existing section 31 a disabled landlady, like the respondent-landlady was given a locus poenitentiae to terminate the tenancy of the existing tenant within a period of six months on the coming into operation of the amending act and if the concerned disabled widow-landlady did not avail of the said locus poenitentiae the tenant of the concerned land was made the deemed purchaser thereof by virtue, of section 32-f read with section 32-f of the tenancy act. ..... before the tribunal it was contended on behalf of the petitioner that he was entitled to be declared a deemed purchaser of the land in question and to be restored n possession of the said land in the back ground of the proved and admitted facts as per the provision on of section 32(1-b) of the tenancy act brought on the statute book by the gujarat amending act no. ..... . 31(4) within six months of the coming into force of the amending act, that is the specified date, the concerned tenant would be entitled to be held a deemed purchaser of the land an the day on which the period within which the concerned landlord could terminate the tenancy actually expired ..... in his deposition before the mamlatdar on-5-3-1975 the petitioner stated on oath that his father had expired about three years prior thereto. ..... . the second contention of mr .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1303; 2002(5)WLN346
..... the amending act, 1975, has substituted a new section for the existing section 133a of the income-tax act, with a view to enlarging the scope and powers of survey available to the income-tax authorities. ..... the opinion of this court :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in cancelling the penalty levied under section 271(1)(b) of the act on the sole ground that the order of assessment has been set aside to be made afresh in appeal ?whether, on the facts and in the circumstances of the case, the tribunal was justified in law in cancelling the penalty levied under section 221 of the act?whether, on the facts and in the circumstances of the case, the tribunal was justified in law in cancelling the penalty levied under section 272a(1)(c) of the act on the ..... the second question which arises for consideration is whether the assessing authority is justified in not complying with the orders of the income-tax appellate tribunal to release the books of account to the respondent-assessee, mool chand, on the ground that an application for settlement has been admitted by the statutory settlement commission ?15. ..... as far as the second part of the order for fresh assessment by the assessing authority is concerned, the commission may proceed in accordance with the provisions. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341
..... she submitted that in ramesh dwarkadas mehra's case the division bench has exhaustively discussed the concept of license under the easement act; the legislative history of pscc; section 42a as added by the 1963 amendment; the legislative history of rent act since 1925; 1976 and 1982 amendments to pscc act; and the provisions of section 41 prior to amendment of 1976 and the legislative intent of amending section 41 for introducing the word 'licensee' in place of permission in right perspective and has answered the questions that fell for its consideration.11. ..... we have already seen the background against which section 15-a of the bombay rent act, 1947 was introduced by the 1973 amendment act, by which a person who is in occupation on 1st february, 1973 of any premises or any part of which is not less than a room as a licensee, shall on that day deemed to have become, for the purpose of rent act, 1947, the tenant of the landlord in respect of the said premises. ..... thus, it appears to us that the factual situation which was in the contemplation of the legislature when bringing forward the amendment to section 41 by act xxi of 1975, did not include a gratuitous licensee. ..... indravati dwarkadas mehra : air2001bom470 and the second in letters patent appeal no. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR509
..... provisions of this paragraph, a person who, on the commencement of the constitution (fifty-second amendment) act, 1985, is a member of a house (whether elected or nominated as such) shall, -(i) where he was a member of a political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such house as a candidate set up by such political party;(ii) in any other case, be deemed to be an elected member of the house who has been elected as such otherwise than as a candidate set up by any ..... in order to make good the deficiency in the act pointed out by the majority judgment in khemka's case : [1975]3scr753 (supra) the validating provision contained in section 9 of the amending act provided in substance that in so far penalties were concerned subsection (2-a) of section 9 should be deemed to have had effect in relation to the period commencing on january 5, 1957 and ending with the date immediately preceding the date of commencement of the amending act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR208
..... as far as section 33(5) is concerned, he also pointed out that his submission that the intention of the legislature in incorporating sub-section (5) was only to ensure speedydisposal of an application under section 33(2)(b) of the act stands reinforced by the amendment made to the saidprovision under the industrial disputes (amendment) act, 1982, which has already become the law, though has not been brought into force by the executive. ..... - mohammed kunhi the supreme court held that the appellate power under section 254 of the income tax act included the power to stay the order under appeal on the ground, existence of such power was essential for the effective exercise of the appellate power for the reason that if during the pendency of income-tax appeal the order of assessment is executed and the property of theassesses is sold even if the assessee were to succeed in the appeal, he would have, in the meanwhile, suffered irreparable loss.19. ..... cases where there was only a facade of an inquiry and no inquiry respectively), in so far it relates to the right of the workman for back wages, they are dissimilar, in that:(a) in the second category there is no right for any wages after the date of the decision of the management to dismiss or the order of dismissal, as permission or approval would be effective from such anterior date itself. ..... - its workmen (14 = 1975 (1) kar. l.j. ..... jambulingam (13 : (1975)illj450sc ) and management of amalgamated ele. co. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All9
..... act (amending) act ii of 1975 with effect from 8-6-1973. ..... as the act was amended drastically by act xviii of 1973, the revenue extracts of three years preceding this act have been adopted as basic records. ..... to ensure uniformity and equality amongst the tenure-holders the legislature itself laid down the basis for the determining the fair quality or irrigated land. ..... imposition of ceiling on land holdings act, 1960 (hereinafter referred to as the act), the petitioner raised a number of objections. ..... the act purposely has omitted oral evidence of any official -- lekhpal or naib-tahsildar-- and has preferred to go by the records and opinion of the prescribed authority based on material mentioned in the section.7. ..... the appellate court dismissed the appeal on the finding :--'i have gone through the copies of khasras for the years 1378 to 1380 fasli on the record. ..... 3 is further directed to decide the objection of the petitioner in the light of the observations made above. ..... it may be that a plot may have a very large area but only onportion of it the irrigation facilities may be available and crops may be grown. ..... the second cate-gory is where irrigation facilities becameavailable by state irrigation work after 1972 and growing of two crops was shown in any agricultural years between date of work and issue of notice under section 10. ..... the laudable objective of the act is frustrated by the authorities empowered to implement these provisions in haste and hurry. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1359
..... , as amended by the uttar pradesh land laws (second amendment) act, 1961, as if this section has been in force on all material dates and shall accordingly continue in force until altered or repealed or amended in accordance with the provisions of this act.' 13. ..... a gaon sabha or a local authority, is damaged or misappropriated by any person, or where any land so vested in it, or any vacant land or any land, which it is entitled to take possession of under this act is occupied otherwise than in accordance with the provisions of this act by any person, the land management committee, or the local authority, as the case may be shall take steps forthwith to recover compensation for damage to, or mis-appropriation of, the property and for the recovery of possession of the land together with damages caused by wrongful occupation. ..... land law amendment act, 1976 ..... where any property vested under the provisions of this act in a gaon sabha or a local authority is damaged or misappropriated or where any gaon sabha or local authority is entitled to take or retain possession of any land under the provisions of this act and such land is occupied otherwise than in accordance with the provisions of this act, the land management committee or local authority, as the case may be, shall inform the assistant collector concerned in the manner prescribed. ..... 30 of 1975 sub-sections (2), (3) and (4) of existing section 122b were substituted by new sub-sections and sub-sections 4a to 4f were also ..... 1975. by u. .....
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