Court : Allahabad
Reported in : 2005(4)AWC3372
..... ghaziabad is also covered by the provisions of national capital region planning board act, 1985 and some of the provisions of the said act mandatorily provides for constitution of the planning board for the preparation of1 a plan for the development of national capital region and for co-ordinating and monitoring the implementation of such plan and for evolving harmonized policies for the control of land-uses and development of infrastructure in the national capital region so as to avoid any haphazard development of that region and for matters connected therewith or incidental thereto.10. ..... if the authority finds in its wisdom that the construction has been raised for a purpose other than what intended for, which is in violation of section 16 of the act and the land user under the master plan, and the applicant is continuing the construction even after receiving the prohibitionary notice and he accepts that he has violated the law by making unauthorised construction despite being cautioned not to do so, such construction does not get protected by compounding. ..... municipal corporation of greater bombay and ors. ..... an application for converting a residential accommodation into a marriage hall/nursing home/school/commercial complex/cinema hall may become a permanent nuisance for the entire locality.25. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1690
..... p-2 and p-3 which is as follows:- 'use/uses: the basement and ground floor may be used for shops/showrooms, subject to the conditions that the activities considered to be a public nuisance/hazard shall not be out and that on all other floors the commercial activities institutipnal/residential use shall be allowed got the act to the condition that no public nuisance is cause.' 6. ..... it has been provided that for the purposes of proper planning and development of the industrial development area, the authority may issue such directions, as it may consider necessary regarding the architectural features of the elevation or frontage of any building, the alignment of buildings on any site, the restrictions and conditions in regard to open spaces to be maintained in an around buildings and height and character of buildings, regulation of building, and maintenance of amenities and restriction of use of any site for the purpose other than that for which it had been allocated. ..... this was against the interests of the general public and, therefore, the petitioner was required to remove the unauthorized constructions within a period of 15 days and bring the constructions in conformity with the sanctioned plan so that the proper planning of the industrial development area and the interes of the general public was not adversely affected. ..... the parameters of the court's power have been analyzed by the supreme court in commissioner of income-tax, bombay and ors. v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2116; 2008(3)ALD81(SC); 2008(3)ALLMR(SC)472; (2008)2GLR1453(SC); JT2008(4)SC317; 2008(II)OLR(SC)60; 2008(4)SCALE848; (2008)5SCC511; 2008AIRSCW3164; AIR2008SC2116; 2008(5)SCC511; 2008(2)Supreme865; JT2008(4)SC317; 2008(2)LH(SC)1463
..... public interest litigation which was initially created as a useful judicial tool to help the poor and weaker section of society who could not afford to come to courts, has, in course of time, largely developed into an uncontrollable frankenstein and a nuisance which is threatening to choke the dockets of the superior courts obstructing the hearing of the genuine and regular cases which have been waiting to be taken up for years together.61 ..... themselves or as proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffing their faces by wearing the mask of public interest litigation and get into the courts by filing vexatious and frivolous petitions and thus criminally waste the valuable time of the courts, as a result of which the queue standing outside the doors of the courts never moves, which piquant situation creates frustration in the minds of the genuine litigants and resultantly they lose faith in the administration of our judicial system.58. ..... the police and all other authorities entrusted with the administration and enforcement of the motor vehicles act and generally with the control of the traffic shall ensure the following:(a) no heavy and medium transport vehicles, and light goods vehicle being four wheelers would be permitted to operate on the roads of the ncr and nct, delhi, unless they are fitted with suitable speed control devices to ensure that they do not exceed the speed limit of ..... bombay corporation : air1986sc180 , d.t.c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1997)ACC1; 1997ACJ721; JT1997(1)SC580; (1997)115PLR785; (1997)9SCC552; [1997]1SCR304
..... in the light of the above principles, he submitted that though the duty of the appellant to plant trees is discretionary nonetheless it has a statutory duty to plant the trees and to maintain them under section 66 of the bombay provincial municipal corporation act, 1949 (for short, the 'act') and the discretion must be construed to be mandatory duty. ..... , one of some importance when one comes to consider the existence of that essential relationship between the appellants and the respondent to which, in any discussion of the ingredients of the tort of negligent, there is accorded the description 'proximity for it is now clear from a series of decisions in this house that, at least so far as concerns the law of the united kingdom, the duty of care in tort depends not solely upon the existence of the essential ingredient of the foresee ability of damage to the plaintiff but upon its coincidence with a further ingredient ..... on appeal, reversing the judgment, the court of appeal, house of lords held that a person is not liable for nuisance constituted by the state of his property unless (a) he caused it or by the neglect of some duty he allows it to arise or when it has arisen without his own act or default, he omits to remedy it within a reasonable time after he became or ought to have become aware of it. ..... in a suit for damages, the house of lords held that the club was not liable in damages to the injured person, whether on the ground of negligence or nuisance. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All21
..... of the accused of killing the constable and no evidence as to which of them caused the fatal blow section 34 could not be availed of and none of the accused could be said to be guilty of murder, it was held that: (1) the question as to whether there was a common intention was a question of fact and had to be decided with regard to the facts of each case; (2) the words 'finish him' uttered by one of the accused were indicative of the fact that he wanted to kill the constable and in the circumstances of that case it was held that all the accused acted in pursuance of the ..... one of them deals a fatal blow and there is evidence of the latter's guilt; and (8) where several persons beat a man and inflict minor injuries on him but one of the assailants deals a fatal blow and the evidence leaves it in doubt as to who struck the fatal blow.in the first case, all the assailants are responsible for the fatal assault; in the second case, the person who is shown by the evidence to have dealt the fatal blow is alone responsible, and in the third case none of the assailants is responsible for the fatal blow.'40. ..... emperor and the decision of the bombay high court in emperor v. ..... , a public nuisance as defined in section 268 and made punishable in section 290, penal code. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All291
..... of the contesting parties who are opposed to each other there is lis and prima facie, and in the absence of anything in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi-judicial act and (ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then, although there are no two parties apart from the, authority and the contest is between the authority proposing to do the act and the subject opposing it, the final determination of the authority will yet be a quasi-judicial act provided the authority is required by the statute to act judicially ..... the interests of public safely or public health may similarly justify summary interference with property rights, as where an inspector from the ministry of agriculture destroys infected crops, or a dangerous nuisance is abated without notice in the exercise of common-law powers, or a public official deinfests verminous articles offered for sale, or an administrative order is made prohibiting smoking in a theatre. ..... in province of bombay v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP112
..... earl brownlow, (1853) 4 hl cas 1 (supra), lord chief baron pollock stated :'the conclusions to which i have arrived, from the decided cases and the principles they involve, are, that all matter relating to the public welfare all acts of the legislature or the executive must be decided and determined upon their own merits only; and that is against the public interest (and therefore not lawful) for any one officiously, wantonly and capriciously........... ..... not proceed with an appeal (a) when the success of the appeal might lead to the court's coming to a decision which would be in conflict with the decision between the appellant and the deceased respondent and which would, therefore, lead to the court's passing contradictory decrees with respect to the same subject-matter; (b) when the appellant could not have brought the action for the necessary relief against those respondents alone who were still before the court; and (c) when the decree against the surviving respondents would be ineffective.9. ..... executed this document in favour of seth ratanchand hira chand of 26, napean sea road, bombay and sign in confirmation whereof this 27th day of june, 1952 at 1, b. ..... according to the plaintiff (a business of bombay), sajjid yar jung, did not have the wherewithal to establish his claim to a share i the estate of salar jung. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1844; 1994(2)ALT(Cri)1; 78(1994)CLT796; 1994CriLJ1605; 1994(2)Crimes228(SC); JT1994(3)SC392; 1994(II)OLR(SC)5; 1994(2)SCALE674; (1994)3SCC394; [1994]3SCR673
..... law review, volume 25 (1991) by stating that the distinction made by the majority between suicide and euthanasia because of differences in motive and mental attitude, is not tenable and the commentator referred to the dissenting opinion in which it was observed that the patient was in fact requesting the court to sanction affirmative act which was entirely consistent with the court's definition of suicide, inasmuch as the majority had defined suicide as 'an act or instance of taking one's own life voluntarily and intentionally; the deliberate and intentional destruction of his own life by a ..... jahagirdar of bombay high court in the illustrated weekly of india (september 29, 1985) in which the learned judge took the view that section 309 was unconstitutional for four reasons : (1) neither academicians nor jurists are agreed on what constitutes suicide, much less attempted suicide; (2) mens rea, without which to offence can be sustained, is not clearly discernible in such acts; (3) temporary insanity is the ultimate reason of such acts which is a valid defence even in homicides; and (4) individuals driven to suicide require psychiatric care ..... . brownlow, (1853) hlc 121 in which it stated as below at page 123, as quoted in paragraph 22 of gherulal parakash v .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR446; (2008)110BOMLR3580
..... reading of section 55, it is quite clear that the party is given 15 days notice to meet the case of the local planning authority on being served with the notice under section 55 as it specifically provided that if such a notice is served, the party should remove his unauthorized construction within 15 days of the receipt of notice and if thereafter the parties does not comply with the notice within the said period, the planning authority may request the district magistrate or the commissioner of police, as the case may be, without any notice as directed ..... if the construction is carried out in compulsory open space without obtaining any prior permission from the competent authority, the same cannot be tolerated as per provisions of bombay municipal corporation act and the maharashtra regional town planning act, 1966.12. ..... the learned senior counsel appearing on behalf of the appellant submitted that on 10th july, 1991, a notice was issued to the predecessor-in-title of the suit property under section 351 of the mumbai municipal corporation act alleging that they had carried out brick and masonary work exceeding 15 feet without obtaining a permission and calling upon the said predecessor-in-title to show cause as to why the said extension of brick and masonary work beyond 15 ft. ..... he also submitted that such unauthorized construction are in fact, creating great nuisance and hurdles in management of the property and providing basic civic amenities.8. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom13; (1962)64BOMLR446; ILR1962Bom532; (1963)IILLJ563Bom
..... now in the present case, if it is assumed that the services of the plaintiff were terminated before 13th march 1955, by letters dated 8-5-1954 and 21-6-1954 the termination of his service is contrary to rule 49 of the fundamental rules, rule 33 of the bombay civil services conduct, discipline and appeal rules and article 311 of the constitution. ..... one may in this respect refer with advantage to the fundamental rules framed by the secretary of state under article 96-a government of india act 1919 and still in force, as also the bombay civil services rules. c. s. (c.c.a. ..... in the present case, the order which i have reproduced at the beginning of the judgment, clearly indicates that the order was communicated by the deputy secretary to government by and in the name of the governor of bombay. ..... 'first part of this article is simple and says that all contracts shall be expressly made either by thee president or by the governor of the state, as the case may be; the second part and the more important part says that all such contracts, which means, contracts referred to in the first part of the paragraph and all assurances of property etc. ..... d, paranjpay, as district health officer, kolaba, at pen.on relief by shri mahajan, shri p. d. ..... hdo 1853, bombay castle, 21st june 1954. ..... hdo 1853. .....
Tag this Judgment!