Judgment Search Results Home > Cases Phrase: the madras educational institutions temporary control of property act 1949 Page 5 of about 631 results (0.133 seconds)

Lok Adhikar Sangh Vs. State of Gujarat

Court : Gujarat

Reported in : (2002)2GLR741

..... be so located that the travel distance on the floor does not exceed the following limits: (i) residential, educational institutional and hazardous occupancies: 22.5 m.(ii). ..... sinha pointed out that scant respect has been paid to the provisions of bombay provincial municipal corporation act, 1949 and byelaws framed there under by the builders, owners of the buildings, occupiers, and all concerned with the construction of these buildings. ..... some persons in the upper strata [which means the rich and the influential class of the society] have made the 'property career' the sole aim of their life. ..... the municipal commissioner was not able to control his staff or the municipal commissioner at the relevant time, was not able to enforce the law. ..... '4(2): unauthorised development may be regularised only if it is consistent with- (a) any law (other than the relevant law) for the time being in force relating to control or regulation of development, and (b). ..... in size and upto 3 storied construction, the responsibility to maintain quality control requirements will be that of the owner/developer. ..... that apart, after the ordinance, the state government has issued amendment to the existing rules which are known as development control regulations with respect to structural safety. ..... the court further observed that the circulars made it very clear that the development control regulation, building by-laws and national building code are to be properly implemented. .....

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

Court : Mumbai

..... the learned advocate general submitted that reading noise pollution (regulation and control) rules, 2000 (hereinafter referred to as "the rules") with the schedule thereto, it is clear that the silence zone which has been defined in note to the schedule would not include hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority, but the prohibition under rule 6 would apply to the areas comprising not less than 100 metres around such institutions ..... shall be made by the state government within two months; xii) we direct that the discretionary powers under the section 234 of the said act of 1949 and section 317 of the said act of 1888 to grant permission to erect temporary booths or similar structures on streets(including foot-paths/foot-ways) for holding of festivals/ceremonies shall be exercised by the commissioners subject to the law laid down ..... to prevent annoyance, disturbance, discomfort or injury or risk or annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, be may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating- (a) the incidence or continuance in or upon any premises of- (i) any vocal or instrumental music, (ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus .....

Chander Bhushan Anand and ors. Vs. Union of India (Uoi) Through Financ ...

Court : Punjab and Haryana

Reported in : (2005)139PLR400

..... irani's case in which section 13 of the madras buildings (lease and rent controller) act, 1949 which was worded somewhat similar to section 3 of the rent act and also after relying upon the judgment in sadhu singh v ..... into a memorandum of agreement dated october 17, 2003 with the government of india under the urban reform programme and the efforts made by the chandigarh administration through the impugned notification to take out certain rental properties out of the purview of the rent control laws is also in accordance with the policy of the government of india to stimulate private investment in housing; that in the very nature of rent control laws, the balance of rights of landlords and tenants has titled in favour of the tenants which is causing deleterious, economic and social ..... . 2294-ld-73/3473 dated the 24th september, 1973, in respect of decrees passed by civil courts in suits for ejectment of tenants in possession of those buildings instituted by the landlords against such tenants during the period of exemption whether such decrees were or are passed during the period of exemption or on any time ..... this was followed by a number of legislations like punjab urban rent restrictions act, 1941 which was extended to delhi, delhi rent control ordinance, 1944, delhi and ajmer, bhilwara control act, delhi tenants (temporary protection) act, 1956 ..... right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... that case it was held that when the seizure was only for a temporary period for the purpose of investigation, it was a reasonable restriction and thus it was saved from unconstitutionality by clause (5) of article 19 of the constitution.so, the next question is how far the restriction imposed by sub- section (2) of section 37 of the indian income-tax act on the right to hold property and to carry on business and ..... power exercisable by a non-judicial authority under section 37(2) of the act, is not in any manner similarly controlled, inasmuch as the section does not lay down as a condition to the exercise of the power to give an example that there should be reason to believe that the person against whom the power is exercised is intending or attempting to evade the payment of income-tax or would not produce the document or thing by the issue of notice or summons under section 37(1) of the act or by the making of an order under section 94 or a requisition under section ..... the article means that every person within the territory of india should always and in all circumstances and conditions enjoy equality before the law with every other person in the nature of things, this is impossible, because of the varied educational and cultural attainments of different persons, the great disparity in status and position in life which ordinarily obtains among human beings and the necessarily incidental differences in the matter of the facilities, the capacities and the power to command the .....

Fram Nusservanji Balsara Vs. State of Bombay and anr.

Court : Mumbai

Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17

..... substitute any of the conditions of the licence laid down in the act, and under section 139(c) power is given to government to exempt any person or institution or any class of persons or institutions from the observance of all or any of the provisions of the act or any ..... should be equally entitled to pursue happiness and acquire and enjoy property; that they should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts; that no impediment should be interposed to the pursuits of anyone except as applied to the same pursuits by others under like circumstances; that no ..... the bombay prohibition act, 1949, as being ultra vires of the state legislature and being also void as contravening several of the fundamental rights guaranteed to the citizen by the ..... act but a prohibition act, and in any event, if those who drink moderately are to be allowed to drink, a considerable body of educated and respectable people accustomed for years to western ways of life and who have disciplined themselves to drink in moderation would certainly have to be given a permit which they cannot get under the ..... . but in both these cases their residence in india must be temporary and they must have a fixed and settled purpose of making their ..... the state of madras, : 1950crilj1383 did consider the question of severability under article 13(a) and we see no reason in principle why if ..... the control .....

Rakesh Gupta and Others, Etc. Vs. Hyderabad Stock Exchange Ltd. and Ot ...

Court : Andhra Pradesh

Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)

..... public money paid as government aid plays a major role in the control, maintenance and working of educational institutions. ..... rudani, air 1989 'sc 1607 the supreme court has dealt with a case of a science college at ahmeda-bad, which was being run by a trust and has temporary affiliation to the gujarat university under the gujarat university act, 1949, which, of course, later received permanent affiliation as amended by gujarat act vi of 1973. ..... ) as the judge of the madras high court, speaking for the court has said : 'a court cannot have any idea of the degree of difficulty existing at the level of average as well as students proficiency or theeffect of the handicaps available with the cbse. ..... before we part with this judgment, we have felt that the government of india and sebi have almost made the guidelines mechanical in application and the exchange has also adopted the same as a rule to find out who qualifies as being possessed of the required amount of liquid cash and property or experience. .....

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

..... in kerala state, the hindu succession act, 1956 was modified in relation to its application to the state of kerala, by amendment of devasthanam properties (admission of temporary management and control and hindu succession) (amendment) act, 1958 and of the (kullaiamma thumporan korilakam society partition) act, 1961. ..... the chotanagpur tenancy act and the santhal parganas tenancy (supplementary provisions) act, 1949, the bihar scheduled areas regulation, 1969 intend to protect the lands of the tribals and their restoration to them. ..... ghosh, director, law institute, calcutta, published by ashish publishing house at page 89 it is stated that though the hindu succession act 1956, hindu marriage act 1954, hindu adoption and maintenance act 1956 did not apply, 'because of their contacts with other advanced societies some changes have taken place among tribes in the observance of marriage, divorce, etc. ..... article 46 accords special protection and enjoins the state to promote with special care the economic and educational interests of the scheduled castes and scheduled tribes and other weaker sections and to protect them from social injustice and all forms of exploitation. ..... however, the right of alienation will be subject to the relevant provisions like the act, the bihar scheduled areas regulation, 1969, santhals (amendment) act, 1958, santhal parganas tenancy (supplementary provisions) act, 1949 as amended from time to time etc. .....

Dhan Devi and anr. Vs. Bakhshi Ram and anr.

Court : Punjab and Haryana

Reported in : AIR1969P& H270

..... it was held that for the determination of the question as to whether the property included in the tenancy is 'premises' or not with in the meaning of the delhi rent control act 59 of 1958, it has to be seen as to what was actually let by the landlord in a particular case and that where the landlord had only leased out a vacant piece of land, the mere fact that some temporary constructions had been raised by the tenant for his own use would not in any way convert the same into a building. ..... landlord in a particular case, the benefits of which ground are not available in law to his legal representatives because of some statutory bar, the heirs of a deceased landlord are normally entitled to continue the suit for ejectment on the grund on which it was instituted as his legal representitatives irrespective of the ground for eviction being contractual or statutory: similarly, the legal representatives of a successful landlord can support the order for eviction of the tenant in a revision petition during the pendency of which the originsl landlord dies ..... the learned counsel for the tenants, was that ' in the case of rented land (which is the property in dispute in this case) eviction can be sought for only on the ground that the landlord requires the rented land for his own use as rented land' and the 'if the landlord wants to construct a building on the rented land and then carry on his business, it did not meet the requirement of law as laid down in section 13 (3) (ii) of act 3 of 1949 .....

Joginder Pal Vs. Naval Kishore Behal

Court : Supreme Court of India

Reported in : AIR2002SC2256; 2002(4)ALD24(SC); JT2002(Suppl1)SC219; (2002)2PLR625; 2002(4)SCALE560; (2002)5SCC397; [2002]3SCR1078

..... leave granted.2 .an eviction petition filed by the landlord-respondent urging the ground for eviction under section 13(3)(a)(ii) of the east punjab urban rent restriction act, 1949 (hereinafter the act, for short), was dismissed by the rent controller but allowed by the appellate authority. ..... benefit of society at large needs an equal is tic balance being maintained between apparently conflicting interests of the owners of the property and the tenant by inducing and encouraging the landlords to part with available accommodation for reasonable length of time to accommodate tenants without unreasonably restricting their right to have the property being restored to them, more so, when they genuinely require it. ..... (sick) education or medical treatment as the case may be as genuinely desired by the landlord, would have to be regarded as occupation by the landlord himself. ..... premises rent control (temporary provisions) act, 1948 does not necessarily mean of the particular individual alone but must be widely interpreted to include the family and dependents. ..... in institute of radio technology and ors. v. ..... consistent view of madras high court as noted in r.v. .....

Hari Mittal Vs. B.M. Sikka

Court : Punjab and Haryana

Reported in : AIR1986P& H119

..... temporary) control of rent and eviction act, 1947, hereinafter referred to as the ..... the question that cropped up before their lordships was as to whether the suit filed by the appellant-landlord for recovery of the possession of the premises, on the basis of the tenancy created by ram swaroop gupta, the predecessor-in-interest of the appellant murlidhar in favour of ram agyan singh, had expired to recover possession of the same, was maintainable in law in view of the fact that it was instituted without obtaining the permission of the ..... act, 1949, was made applicable to the union territory of chandigarh with effect from 4-11-1972 and since the tenanted premises had been used partly for the professional business of the advocate and residence before that date, therefore the ground of change of user for the purpose of eviction was not available to the landlord and further the tenanted premises being used partly for residence and partly for the business of the tenant-advocate, the building had acquired the ..... central board of workers education, ilr (1981) 2 punj & har 90, had been overruled by the division bench in bansal's case (air 1985 punj & har 251) (supra)-(correctness of which decision is under consideration before us)-referred the following question for consideration of the larger bench:'whether a landlord is entitled to seek the ejectment of a tenant on the ground of his bona fide requirement for his own use and occupation from a building which is held to be residential building .....