Judgment Search Results Home > Cases Phrase: the kerala service inam lands vesting and enfranchisement act 1981 1 Page 45 of about 553 results (0.248 seconds)

Akhil Bhartiya Upbhokta Congress. Vs. the State of Madhya Pradesh, and ...

Court : Supreme Court of India

..... section 24(2) lays down that subject to the control of the state government under sub-section (1) and the rules made under the act, the overall control of development and use of land in the planning area shall vest in the director from the date appointed by the state government by notification. ..... union of india [(1980 (supp) scc 559 : air 1981 sc 1545], while the discretion to change the policy in exercise of the executive power, when not trammelledly the statute or rule, was held to be wide, it was emphasised as imperative and implicit in article 14 of the constitution that a change in policy must be made fairly and should not give the impression that it was so done arbitrarily or by any ulterior criteria. ..... international airport authority of india (1979) 3 scc 489 in the following words:"today the government in a welfare state, is the regulator and dispenser of special services and provider of a large number of benefits, including jobs, contracts, licences, quotas, mineral rights, etc. ..... state of kerala air 1969 ker. .....

Dr. Mahesh Vijay Bedekar Vs. State of Maharashtra and Others

Court : Mumbai

..... before the environment protection act came into force, the air (prevention and control of pollution) act, 1981 (for short "air pollution act") was enacted. ..... in the aforesaid decision of the apex court in noise pollution (v) in re, in paragraph 112, the apex court has quoted with approval the view taken by the kerala high court in the case of p.a. ..... as far as landing of helicopters on helipads is concerned, in public interest litigation no.85 of 2007, there is an affidavit filed by the respondent no.6 (ministry of environment and forest of the union of india). ..... resident welfare associations, service clubs and societies engaged in preventing noise pollution as a part of their projects need to be encouraged and actively involved by the local administration. 3. ..... after all,the state of maharashtra is a land of the father of our constitution. ..... the stand taken in the said affidavit is that the landing and take off of helicopters is associated with higher noise levels though momentary. ..... a way over land set apart for public travel in a town or city is a street, no matter by what name it may be called. .....

Chandra Bhan Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1989(2)WLN628

..... 100/- was imposed on father of complainant and has further produced ex d 11 demand notice of penalty and ex d 12 the list of persons against whom penalty was outstanding and also ex d 13 a report submitted on 3-1-77 by the appellant to tehsildar saying that gokul chand has refused to accept service of demand notice and has said that the house in question has come to the share of his son sitaram and he will ask sita ram in this regard. ..... brief facts giving rise to this appeal are that in the year 1975 complainant sita ram had purchased land of khasra no.456 of his village tunga and the kharif and ravi crop of this khasra number was cut and taken away by roop narain and vijay narain malies and a theft case came to be registered against them on an fir no. 34/76. ..... it is settled position of law that mere recovery of currency notes from accused is not sufficient to prove offence under section 5(l)(d) of the act and the prosecution has to prove that the accused accepted the tainted money with consenting mind, as is observed in the following cases:(2) surajmal v. ..... this is an appeal directed against the judgment dated 11-2-1981 passed by shri mohammed yamin, special judge, for a.c.d. ..... in view of the foregoing discussion, this appeal succeed hence the same is allowed and judgment dated 11-2-1981 passed by the trial court is set aside. .....

Tukaram Bhau Mane Vs. State of Maharashtra

Court : Mumbai

Reported in : (1983)85BOMLR115; 1983MhLJ317

..... mane, as displayed by his various acts of commission and omission is such that his continuance in the service is not desirable and he needs to be dismissed from the service:now, therefore, the governor of maharashtra in exercise of powers vested in him vide article 311 clause (2) proviso (c) read with article 310 of the constitution of india does hereby dismiss shri t.b. ..... these paras, merely set out that the appellant was a member of an association called the maharashtra rajya police karmachari sanghatana and that he was being victimised for that even though the said association had been permitted by the government of maharashtra and even though assurances and promises had been given by the government by its letter dated december 29, 1981 that no action would be taken against any member of the said association for any act of theirs done prior to that date. ..... of kerala : [1975]2scr93 and the suprememinochercourt held as follows (pages 2251-2252):where powers are conferred on public authorities to exercise the same when 'they are satisfied' or when 'it appears to them', or when 'in their opinion' a certain state of affairs exists; or when powers enable public authorities to take 'such action as they think fit' in relation to a subject-matter, the courts will not readily defer to the conclusiveness of an executive authority's opinion as to the existence of a matter of law or fact upon which the validity of the .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... to sum up, i hold as follows :--(1) the introduction of section 24-g in the representation of the people act by virtue of the impugned act is within the provisions of the constitution of india as well as the constitution of the state of jammu and kashmir and does not affect adversely the fundamental rights of the petitioners under article 19 (1)(a) and (c);(2) even if, for the sake of argument, it is assumed for a moment that the impugned act does, in one manner or the other, adversely affect the fundamental right of the freedom of speech of the petitioners, the restriction so imposed was reasonable restriction within the provisions of article 19(2) of the constitution and was thus lawful. ..... legislative enactment save by amending the constitution itself; fifthly, that clause (e) of section 69 of the state constitution on its plain terms has to be read ejusdem generis to clauses (a), (b), (c) and (d) of the said section, and the disqualification created by the impugned section not having the same genus as that of the disqualification contemplated by the other clauses of the section, the impugned section is ultra vires of the powers vested to the state legislature; and sixthly, that it in destructive of the basic structure of the constitution, inasmuch as it violates the fundamental rights of freedom of speech and expression and equality before law guaranteed .....

Shri Kihota Hollohon Vs. Mr. Zachilhu and Others

Court : Supreme Court of India

Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686

..... on the contentions raised and urged at the hearing the questions that fall for consideration are the following:(a) the constitution (fifty-second amendment) act, 1985, in so far as it seeks to introduce the tenth schedule is destructive of the basic structure of the constitution as it is violative of the fundamental principles of parliamentary democracy, a basic feature of the indian constitutionalism and is destructive of the freedom of speech, right to dissent and freedom of conscience as the provisions of the tenth schedule seek to penalize and disqualify elected representatives for the exercise of these rights and freedoms which are essential to the sustenance of the system of parliamentary democracy. ..... 194]in that case, it was found that section 41 of the bribery amendment act, 1958 made a provision for appointment of a panel by the governor-general on the advice of the minister of justice for selecting members of the bribery tribunal while section 55 of the constitution vested the appointment, transfer, dismissal and disciplinary control of judicial officers in the judicial service commission. ..... .the powers given by article 136 of the constitution, however, are in the nature of special or residuary powers which are exerciseable outside the purview of ordinary law, in cases where the needs of justice demand interference by the supreme court of the land... ..... state of kerala : 1972crilj1526 ; minerva mills ltd. ..... non-metallic products 1981 ac. ..... , : [1981]1scr206 ; p. .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... subject to the approval of the [state government], frame such orders and rules as he shall deem expedient relative to the organisation, classification and distribution of the police force, the places at which the members of the force shall reside, and the particular services to be formed by them; their inspection, the description of arms, accountrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information, and all such other orders and rules relative to the police force as the inspector-general ..... the maxim that the king can do no wrong or that die crown is not answerable in tort has no place in indian jurisprudence where the power vests, not in the crown, but in the people who elect their representatives to run the government, which has to act in accordance with the provisions of the constitution and would be answerable to the ..... bench and, therefore, we may await the decision of the larger bench of the supreme court, such a representation did not find favour with the kerala high court and ..... attitude in favour of the rank and file of the cpi(m) and supporters of the land acquisition and against the protesters who are about ..... [1981]3scr145 , the supreme court again observed as follows:7...if an officer of the state acting in his official capacity threatens to deprive a person of his life or personal liberty without the authority of law, can such person not approach the court for injuncting the state from acting through .....

Jodha Khoda Rabari and Etc. Etc. Vs. State of Gujarat and Etc.

Court : Gujarat

Reported in : 1992CriLJ3298

..... in that connection while holding that there was no violation of section 25 of the indian telegraphs act in the facts and circumstances of the case, their lordships of the supreme court said (para 24) :there is warrant for proposition that even if the evidence is illegally obtained, it is admissible.while making this proposition, the supreme court referred to more than a century old english case of jones v. ..... divetia is a person who has, over a period of time, gone from bad to worse, and even while he continued in army service, whenever he came to his native place on leave, he committed offences.138. mr. ..... state of kerala, : 1973crilj671 :it is no doubt true that the question of a sentence is a matter of discretion and when that discretion has been properly exercised along accepted judicial lines, an appellate court should not interfere to the detriment of an accused person except for very strong reasons which must be disclosed on the face of the judgment. ..... he has stated that his elder brother deceased meghjibhai was staying at sandh khakhara, and had agricultural land there, and even the family of deceased meghjibhai resides at sandh khakhara. ..... further, as stated by mansinh, in october, 1981, when he went to chomal, jasubha had assaulted him by means of a hockey stick. .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... under the provisions of section 4 of act of 1894, inviting all owners of land and persons having interest in the said land to submit their written objection if any, to the acquisition of the land or of any land in the locality, as the case may be, within 30 days from the date of publication of this notification.it is hereby further notified that for the general benefit of the public, open perusal and for ready reference, the plan drawn on original mouza map of the land to be acquired, and plot-wise ownership details, area of the plot, share of the owner in the plot and current land use of the plot including ..... possession having already been undertaken on 24.11.1981, it stands vested in the state under section 16 of the act free from all encumbrances and thereby the government acquired absolute title to the land. ..... he further pointed out that the collector has no right to sign the said thirteen notifications under section 4(1) of the said act and the said sections 4 and 5a of the said act are mandatory and, therefore, whether the mode of publication was followed by the authorities in accordance with the provisions has to be gone into, if there is no service then the proceedings will be bad in law and he relied upon the decisions reported in 1962 cwn 788 [md. ..... kerala financial corporation : [1988]1scr1079 , the court observed as follows:.the public property owned by the state or by any instrumentality of the state should be generally sold by public auction or by inviting tenders. .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... the question arose before the supreme court : whether the exclusion of the jurisdiction of the high courts under articles 226 and 227 of the constitution in service matters specified in section 28 of the administrative tribunals act, 1985 and the vesting of exclusive jurisdiction in such service matters in the administrative tribunals to be constituted under the act and the jurisdiction of the apex court under articles 32 and 136 is unconstitutional and void. ..... this court after discussing the provisions of the act and considering the question of the decree of a civil court in paragraph 8 has held as follows (page 3 of air 1981 gauhati) : 'as a result of the foregoing discussions, we overrule the preliminary objection and hold that the appeal has not stood transferred to the administrative tribunal under section 9(3) of the act and that division bench is competent to dispose of the letters patent appeal. ..... harbhajan singh dhillon : [1972]83itr582(sc) , wherein while examining the constitutional validity of the amended wealth-tax act which included the capital value of agricultural land for the purpose of computing net wealth, the controversy waswhether the impugned act was a law with respect to entry, including entry 49 in list ii or was it one under entry 86 read with entry 97 or entry 97 itself of the list i. ..... for a bench of two (state of kerala v. t.p. .....