Court : Delhi
Reported in : 2002(140)ELT353(Del)
..... such standard must either be fixed by the ministry in terms of the provisions in the customs act or by the appropriate authority under environment protection act.15. mr. ..... decisions of this court, it becomes clear that an authority created under a statute even if is the custodian of the imported goods because of the provisions of the customs act, 1961, would be entitled to charge demurrages for the imported goods in its custody and make the importer or consignee liable for the same even for periods during which he/it was unable to clear the goods from the customs area, due to fault on the part of the customs authorities or of other authorities who might have issued detention certificates owning ..... in these circumstances, section 155 of the customs act to which reference has been made by shri jayant bhushan is of no relevance, inasmuch as, by reason thereof only the officers who have taken action in good faith are required to be protected. ..... it is only those circulars issued by the board under the provisions of section 119 of the act will have the statutory force and will be binding on every income-tax authorities. .....
Tag this Judgment!Court : Chennai
Reported in : (1987)1MLJ357
..... to what relief is the plaintiff entitled?the following two additional issues were framed on 7th january, 1977:1.whether the 3rd defendant has become a statutory tenant under the plaintiff as per central act ix of 1974 and is entitled to the benefits under that act?2.whether the 3rd defendant is entitled to the benefits of the tamil nadu city tenants protection act?6. ..... the next submission by the learned counsel for the appellant is that in any event the claim under the tamil nadu city tenants protection act set up by the appellant ought to have been considered in view of amending act 21/80 which applies to all cases of tenancy created before 23rd march, 1980 regarding the superstructure. ..... as regards the second question about the entitlement of the appellant to the benefits of the tamil nadu city tenants protection act, there is neither pleading nor evidence about putting up of any superstructure. ..... govindarajan : (1979)2mlj47 , what has been held is that when once there is denial of landlord's title the relationship of landlord and tenant automatically gets severed and the latter cannot take advantage of the statutory benefits under the city tenants' protection act.15. ..... whatever be the position prior to 1966, in so far as ex. ..... b7 dated 1st december, 1966 was entered into, notwithstanding the prior b memoranda under exs. ..... b7, dated 1st december, 1966 for a period of five years. ..... b7, dated 1st december, 1966 it was renewed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD598; 2002(1)ALT738
..... the said provision was amended in the year 1976 by reason of act no.53 of 1976 and ultimately act, 1966 was repealed by the present act, 1988. ..... it was held:under article 14 of the constitution, the state shall not deny to any person the equality before the law or the equal protection of the laws within the territories of india. ..... the service conditions and the extent of their protection as well as the set of employees in respect of whom they may be prescribed and protected are all matters to be left to the legislature. ..... hence when a legislation extends protective umbrella to the employees of a particular class, ii cannot be faulted so long as the classification made is intelligible and has rational nexus to the object sought to be achieved.59. ..... in the said case it was held:the service conditions and the extent of their protection are not fundamental rights they are creatures of either statute or of the contract of employment. ..... it is the duty of the court to be watchful to protect the constitutional rights of a citizen as against any encroachment gradually or slealthily thereon. ..... such a provision can by no stretch of imagination be considered to be protective employment; as it applies also to those employees who have resigned or voluntarily retired. ..... dg of railway protection force, new delhi, : 2001(6)ald18 (fb)).42. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1971]41CompCas693(P& H)
..... the claim of the petitioner that his salary as joint director was protected under the punjab reorganisation act, 1966, is denied, the assertion being that the directive of the central government as contained in the ministry of home affairs letter no. ..... 31 of 1966), the service of the petitioner, on his allocation to the state of haryana, was subject to the same conditions as were applicable before the reorganisation and that the various protections as given by the central government in exercise of its statutory powers under the said act as per instructions contained in the directive, annexure p, are available to the petitioner. ..... there then came the re-organisation of the state of punjab under punjab reorganisation act, 1966, and it was then proposed to set up in the state of haryana as well a corporation under the name and style of haryana state small industries and export corporation limited on the same pattern on which punjab corporation was brought into existence. ..... proviso to section 82(6) of the punjab reorganisation act, 1966, guarantees continuity of service to every government servant by laying down that conditions of service applicable immediately before the appointed day to the case of any person shall not be varied to his disadvantage except with the previous approval of the central government. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 47(1992)DLT421a(SC)
..... , ancient monuments act, 1958, national capital region planning board act, 1985 and various other documents including reports of the experts on air pollution and environments. ..... we have been taken through the provisions of delhi development act, 1957, master plan for delhi published in the gazette of india dated august 1, 1990, delhi development authority (zoning) regulations, 1983, delhi municipal corporation act, 1957, faridabad complex administration (regulations and development) act, 1971, the development plan for the faridabad-ballabgarh controlled areas published in the haryana government gazette dated december 17, 1991, air (prevention and control of pollution) act, 1981, the environment (protection act) 1986, national health policy, 1985 .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)342; 86(2000)DLT246
..... all the circumstances of the case we think it appropriate that the task of determining the amount required for carrying out the remedial measures, its recovery/ realization and the task of undertaking the remedial measures is placed upon the central government in the light of the provisions of the environment (protection) act, ..... 3 of the environment (protection ) act, 1986 expressly empowers the central government ( or its delegate, as the case may be ) to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of ..... desai submitted that this judgment arose in an appeal under the consumer protection act for practice of allopathy by homoeopath, and not in ..... 4 of environment ( protection) act confers upon the central government the power to give directions of the above nature and to the above effect. ..... order xlvi of the supreme court rules, 1966 makes the provisions of order xxvi of the code of civil procedure, except rules 13, 14, 19, 20, 21 and 22 applicable to the supreme court and lays down the procedure for an application for issue of a commission, but order xxvi ..... also refer to article 9(5) of the international covenant on civil and political rights, 1966 which indicates that an enforceable right to compensation is not alien to the concept of enforcement of a guaranteed ..... : (1966)iillj583sc , wherein sovereign immunity was upheld in the case of vicarious liability of the state for the tort ..... the state of uttar pradesh : (1966) .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(6)BomCR626; 2004(2)MhLj252
..... this finds support from the provision of section 2(15)(c)(iii) of the maharashtra regional and town planning act, 1966 (hereinafter referred to as 'the mrtp act' for the purposes of brevity). ..... have to be looked into from the observations made by the supreme court in that case when the supreme court observes 'when the court entertains public interest litigation, it does not do so in a caviling spirit or in a confrontational mood or with a view to tilting at executive authority or seeking to usurp it, but its attempt is only to ensure observance of social and economic rescue programmes, legislative as well executive, framed for the benefit of the have-nots and the handicapped and to protect them against violation of their basic ..... human rights, which is also the constitutional obligation of the ..... at the time of inspection, necessary arrangements were made for inspection of the site with due police protection. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... it would therefore appear that these provisions cannot have the protection of article 31-b of the constitution but that rights already accrued to persons under the provisions of the original act will not be affected by the replacement of those provisions in the amended act, the replacement being a repeal (accompanied by a re-enactment) attracting section 4 of the (kerala) interpretation and genera! ..... it has been amended three times, first by act 12 of 1966, then by act 9 of 1967, and now by act 55 of 1969, the amendments made by the last mentioned act (which we shall call the amending act) being far-reaching. ..... by section 45-a rent paid or deposited after the 19th may, 1967 (the date on which the kerala stay of eviction proceedings ordinance 4 of 1967 came into force) and before the commencement of the amending act towards rent accrued due before the 1st day of may 1966 is, notwithstanding any contract or judgment, decree or order of any court or land tribunal, to be adjusted to the rent accrued due after the 1st may, 1966, and judgments, decrees or orders of courts or land tribunals are to be reopened and modified accordingly. ..... the provisions of act i of 1964 were amended by act 12 of 1966 and act 9 of 1967. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1605; 1995(3)KarLJ38
..... . para-2 reads as under:-'the point urged before us is that under section-65 of the karnataka agricultural produce marketing (regulation) act, 1966, ('the act' for short), it is not permissible to levy such market fee on the same commodity twice, one at the stage of paddy and later at the stage of rice which amounts to multipoint levy and therefore, it will be against section-65 of the act ..... the learned counsel submitted that under section 65 of the karnataka agricultural produce marketing (regulation) act, 1966, market fee is leviable and is liable to be collected by the market committee from every seller at the rate mentioned therein in respect of the agricultural produce sold in the market area. ..... , rice to the government agencies under the orders of the deputy commissioner or the government authorities, is beyond the scope of state and the marketing committees, so far as the question of imposing of market fee under karnataka agricultural produce marketing (regulation) act, is concerned and so the market fee is not liable to be charged from the petitioners in respect of the rice supplied to the government or surrendered to the karnataka government under the rice procurement levy order, 1984.3. ..... section 65 of the karnataka agricultural produce marketing (regulation) act, 1966 reads as under:-'65. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1856; 88(1999)CLT385(SC); JT1999(4)SC482; 1999(II)OLR(SC)166; 1999(3)SCALE576; (1999)4SCC500; [1999]3SCR538; 1999(2)LC1018(SC)
..... such person shall be a raiyat holding immediately under government in respect of the land held as specified in the said clause with effect from the beginning of the year next following the date of the order:provided that any such person as aforesaid, who has failed to make an application within the said period, may make such application within ninety days from the date of commencement of the orissa land reforms (amendment) act, 1966 (act 8 of 1967):provided further that any such person as aforesaid who ..... has failed to make an application within any of the periods specified in this subsection may make such application within a period of two years from the commencement of the orissa land reforms (amendment) act, 1973 president's act 17 of 1973:provided further that any such application made after the expiry of the period specified in this sub ..... under the first proviso it would be from the date of commencement of orissa land reforms (amendment) act, 1966, under the second proviso from the date of commencement of orissa land reforms act, 1973 and under the 4th proviso from the date of commencement of orissa land reforms (second amendment) act, 1975 or on the date of vesting of the estate in the government, whichever is later.14. .....
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