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Asif Abdul Karim Bidiwala Vs. Union of India (Uoi)

Court : Gujarat

Reported in : (2005)1GLR693

..... 4 / 2004-cus-vii dated 28.5.2004 issued by mr.r.k.gupta, the joint secretary to the government of india, ministry of finance, department of revenue, new delhi in exercise of the powers vested under section 3(1) of the cofeposa act.3(i) the order of preventive detention has been passed on the allegation that the petitioner is responsible for breach of cofeposa act and is required to be prevented from smuggling goods in future. ..... it is true that as per the case placed by mr.tirmizi, the grievance is as to loss sustained was great financial loss to the government exchequer but this great country has zelously protected the liberty of an individual when the courts have been and especially in case where courts are called upon to appreciate the grievance of a person who is put under the orders of preventive detention, that is contrary to the law of basic principle of the criminal jurisprudence of this country, where innocent is presumed and guilt is to be ..... should be treated as fatal and at least the continued detention should be held to be violative of the constitutional guarantee enshrined under article 22(5) of the constitution of india. ..... (2000)9scc201 , the apex court has held that delayed disposal of the representation if not explained, then, the same should be construed as violative of privilege flowing from article 21(5) of jurisdiction of the prevention of black marketing and maintenance of supply of essential commodities act, ..... 9664 2000 dated 16.3.2002 in the case of mulshanker .....

Gurusami Pandiyan Vs. Sendatti Kalai Pandia Chinnathambiar and ors.

Court : Chennai

Reported in : 61Ind.Cas.242; (1920)39MLJ529

..... a 543 that in the case of impartible estates in the absence of a special custom governing the succession to it, the rule of succession must be taken to be that of the ordinary hindu law by which the parties are governed with such modifications only as flow from the impartible character of the estate. ..... the act there left the succession to the impartible estate in the event which happened to be governed by the ordinary law which included the custom of the family. ..... under the outh estates act 1 of 1869 one prithi pal had been entered in the first and second of the lists prepared under section 8 as a taluqdar under the act whose estates according to the custom of the family and before the 13th february, 1856, (the date of the meeting) ordinarily devolved on a single heir. ..... there is no special custom alleged in the present case and we have thus to turn to the mitakshara law by which the parties are governed for the rule of succession. ..... as regards estates of persons governed by the mitakshara law where estates are by family custom impartible or descendible to a single heir it has been repeatedly held that it is open to the owners if so minded to incorporate his self-acquisitions in the impartible zemindari, and this is expressly stated in murtaza husain khan v. .....

Gurusami Pandiyan Vs. Sendattikalai Pandia Chinna Thambiar and Four or ...

Court : Chennai

Reported in : AIR1921Mad340; (1921)ILR44Mad1

..... that consideration however was treated as immaterial the act left the succession to the impartible estate in the event which happened to be governed by the ordinary law which included the custom of the family. ..... , 543 , that in the case of impartible estates, in the absence of a special custom governing the succession to it, the rule of succession must be taken to be that of the ordinary hindu law by which the parties are governed, with such modifications only as flow from the impartible character of the estate. ..... if so, the degree prevails over the line according to the classification under the act; though if two collaterals, or persons in the line of heirship, are equal in degree, then, as the property can only go to one, recourse must be had to the seniority of line to find out which that one is.his lordship again says:but jubraj comes of a branch senior to the branch of the plaintiff; and therefore if the estate can only go to one, it will go to that one who represents the senior branch.28. ..... under the oudh estates act, 1 of 1869, one prithi pal had been entered in the first and second of the lists prepared under section 8 as a talukdar under the act, whose estates according to the custom of the family and before the 13th february 1856 (the date of the mutiny) ordinarily devolved on a single heir. ..... there is no special custom alleged in the present case, and we have thus to turn to the mitakshara law by which the parties are governed for the rule of succession. .....

Satish Majumdar and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : AIR1979Mad246

..... therefore, when the power to exempt is specifically entrusted to the state government, the state government can, it its discretion, select persons to whom the exemption is to be granted provided the principle of selection has a reasonable nexus to the object of the act. ..... 54 authorised the making of rules by the state government for the purpose of carrying into effect the provisions of the act and in particular for the issue of licences and permits and enforcement of the conditions thereof.5. ..... attorney general for canada, 1912 ac 571'in the interpretation of a completely self-governing constitution founded upon a written organic instrument, such as the british north america act, if the text is explicit the text is conclusive, alike in what it directs and what it forbids. ..... when the legislature has laid down the guiding principles in the act and a discretion has been given to the government to select the persons to whom the restrictions are to apply, such a power cannot be said to be an excessive delegation. ..... 16, however, gave power to the state government to exempt, subject to such conditions as they think fit, any specified liquor or intoxicating drug from the observance of all or any of the provisions of the act on the ground that such article is required for a medicinal, scientific, industrial or such like purpose. .....

Satish Majumdar and ors. Vs. the State of Tamil Nadu, Represented by t ...

Court : Chennai

Reported in : (1979)1MLJ119

..... necessary to effectuate the object and the scheme of the act and the avowed policy contained in article 47 of the constitution, and that as such the amended rules prescribing the conditions for the grant of permit are perfectly valid and quite in accord with the scheme, object and provisions of the act, as regards the petitioner's allegation that the constitution of 6 medical boards is quite inadequate for the entire state, it is stated in the counter-affidavit that if it is found that the committees constituted are not able to cope up with the number of applications, the government would ..... constitute more committees to meet .....

Ashok Leyland Employees Union and Another Vs. Union of India and Other ...

Court : Chennai

Reported in : 1997(3)CTC660

..... contended that the central board of trustees of the employees' provident fund organisation have, on the recommendations made by the board which consisted of a tripartite body comprising of representatives of the central government and the state governments, the employers' organisation and the trade unions of workers, decided to amend the act to frame a suitable pension scheme for the subscribers of the employees' provident fund that the validity of the impugned provisions could not be judged with reference to any individual case of difficulty or hardship, but on the other hand, should be on the provisions themselves ..... for the petitioners is that by enacting the protective safeguards in sections 10, 12 and 17 of the main act the legislature must be considered to have guaranteed the protection of the existing benefits and consequently none including courts of the legislatures by any new legislation can take away the said benefits or provide for lesser benefits than the one available under the existing scheme or provident fund and that any new scheme or provision could provide only any additional benefits than the existing ..... case, : 1950crilj1383 that certain articles in the constitution exclusively deal with specific matters and in determining whether there is infringement of the individual's guaranteed rights, the object and the form of the state action alone need be considered, and effect of the laws on fundamental rights of the individuals in general will be ignored cannot be .....

A. Sanjeevi Naidu and ors. Vs. the Madras State Transport Undertaking ...

Court : Chennai

Reported in : (1970)1MLJ300

..... of chapter iv-a, thus:state transport undertaking means any undertaking providing road transport service, where such undertaking is carried on by:(i) the central government or a state government;(ii) any road transport corporation established under section 3 of the road transport corporations act, 1950;(iii) the delhi road transport authority established under section 3 of the delhi road transport authority act, 1950;(iv) any municipality or any corporation or company owned or controlled by the state government.the word undertaking ordinarily means any business or project undertaken, that is, an enterprise. ..... the principal ground of challenge to the scheme is that as the appropriate authority--according to the petitioners the state government--has not formed an opinion as required under section 67-g of the act that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service the proposed scheme should be put : into operation in public interest, a condition precedent to the initiation of the scheme, the promulgation of the scheme was invalid and the respondents had no jurisdiction to proceed further in the matter. .....

Kongu Engineering College Represented by Its Correspondent, Mr. M.N. R ...

Court : Chennai

Reported in : (2002)2MLJ777

..... it sufficient for the purpose of the case to focus our attention on the principal questions which arise for determination in the light of the stand taken by the state that the state has executive power to act independently of the aicte and conduct a common entrance test as also fix the fees for these courses, and in the alternative, the state has the power to conduct the test and fix the ceiling on fees under the policy resolution of the government of india of 18th march, 1997 which makes the admission scheme set out in the case of unni ..... krishnan applicable to all institutions offering technical courses approved by the aicte. ..... moreover, the fixation of ceiling on fees having been dealt with in the aicte act and the policy resolution of the central government, the state cannot act in a manner inconsistent with that policy. .....

Om Parkash Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2010SC1068,JT2010(2)SC91,2010(2)SCALE153

..... covered by a notification under section 4, sub-section (1),- (i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 but before the commencement of the land acquisition (amendment) act, 1984 shall be made after the expiry of three years from the date of the publication of the notification; or(ii) published after the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of one year from the date of the publication of the notification: provided further that no such declaration shall be made unless ..... notifications issued under section 4 for planned development of delhi had a caveat that three types of land were exempted from the purview of these notifications i.e government land, land already notified under section 4 or 6 of the act or land in respect of which lay-out plans/building plans were sanctioned by municipal corporation of delhi before 05.11.1980 ..... , submitted that if the property of the appellant is sought to be acquired in this fashion then it would tantamount to violation of human rights as guaranteed under article 17 of the universal declaration.28. ..... fresh proceedings commenced with regard to acquisition, appellants were prompt enough to file writ petitions either in the year 2000 or 2002. ..... some of the petitions have been filed either in the year 2000 or subsequent ..... : (2000) 7 scc 296 known as gurdip singh uban-ii, all points having already been considered, no fresh look is required by .....

M.R.F. Ltd. Vs. Manohar Parrikar and ors.

Court : Supreme Court of India

..... from a combined reading of the provisions of rules 7, 3 and 6 of the business rules of the government of goa the conclusion would be irresistible that any proposal which is likely to be converted into a decision of the state government involving expenditure or abandonment of revenue for which there is no provision made in the appropriation act or an issue which involves concession or otherwise has a financial implication on the state is required to be processed only after the concurrence of the finance department and cannot be finalized merely at the level of the minister in charge. ..... state of kerala : (2000) 6 scc 359, is squarely applicable on the issue of merger and the judgment dated 21.01.1999 of the high court merged with the order of this court dated 13.02.2001, the concept of merger will not come in its way in deciding the issues involved in this petition for the reasons, that, these issues were not raised and therefore not required to be decided by the high court in its earlier judgment dated 21.01.1999 as was clear from the order passed by it on 27.01.2000 in misc. ..... . while the argument based on article 19(1)(g) of the constitution of india was not urged seriously by the petitioners and rightly so, as no citizen is before this court with a complaint that his fundamental rights guaranteed under this article of the constitution is violated by the state under the act impugned ..... in state of sikkim v. .....