Judgment Search Results Home > Cases Phrase: the sikkim ceiling on government guarantees act 2000 Page 2 of about 14,108 results (0.444 seconds)

Joginder Singh Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1989CriLJ482

..... habitual offender, as defined in clause (3) of section 2 of the punjab habitual offenders (control and reform) act, 1952, or a person convicted of robbery or dacoity or such other offences as the state government may by notification specify is not entitled to be released under sub-section (2) of section 8 of the act, if a prisoner fails to surrender himself within a period of 10 days from the date on which he should have surrendered he is liable to be arrested by the police without a warrant in order to undergo the unexpired portion of the sentence. ..... his application was recommended by the superintendent jail and forwarded to the district magistrate on 18-11-1987, the district magistrate on the basis of the report obtained through police did not recommend the release and the inspector-general of prisons, punjab exercising delegated powers of the state government rejected the prayer by letter dated ..... places an embargo upon such release under section 3 or section 4, where on the report of the district magistrate, the state government or its delegate is satisfied that the release of the prisoner was likely to endanger the security of the state or the maintenance of public order. ..... after hearing the learned counsel for the parties, i have no doubt that the complainant cannot be heard on the question whether the order passed by the state government refusing the prayer for temporary release should be set ..... 10 empowers the state government to frame rules for carrying out the purposes of act. .....

The Rajah of Vizianagaram Represented by His Next Friend, the Estate C ...

Court : Chennai

Reported in : (1937)1MLJ91

..... but if the assets include the inam lands as well, he has no direct relation with the government but the government collects the cess from the landholder and the landholder reimburses himself from the inamdar treating him as an intermediate ..... the scheme of the local boards act is that when the inam lands have not been included in the assets of the zamidari the inamdar is himself a landholder holding directly under the government ..... the point arising for decision in these petitions is whether the holder of a pre-settleraent inam in a zamindari can under any, and, if so, what circumstances be dealt with as an 'intermediate landholder' from whom the zamindar can claim to recover the whole or a portion of the cess paid by the zamindar to government under section 88 of the madras local boards act ..... does not appear to us that these words are in their natural meaning so limited nor have we been shown any reason why, having regard to the policy of the permanent settlement and the scheme of the local boards act, such pre-settlement inams should be excluded from assessment or the zamindar be made to pay the whole cess in respect thereof.5. ..... such a case the course of decisions in this presidency has been to the effect that the suit will be governed by article 120. ..... he has held the suits to be barred in respect of certain items on the footing that such a suit is governed by the three years' rule of ..... that there is some lacuna in section 88 of the local boards act and that pre-settlement inams. .....

Ramphal and Others Vs. Om Parkash and Others

Court : Punjab and Haryana

..... admittedly defendants no.1 to 9 are the beneficiaries of the gift of the panchayat land under section 5(1-a) of the 1961 act and the gift under section 5(1-a) of the 1961 act requires prior sanction of the state government which was never taken by the defendant no.10 before executing the gift in favour of defendants no.1 to 9. ..... therefore, gift deed no.1100 made in the year 1993 by defendant no.10 in favour of defendants no.1 to 9 is found to be without prior sanction of the state government and the same being not executed in favour of scheduled castes and backward classes, therefore, the gift deed no.1100 is found to be in utter disregard to the mandatory provisions of law and is declared to be illegal, null and void. 16 ..... defendants have contested the suit by claiming that the defendants are owners in possession of the suit land which was lawfully gifted to them under the scheme of haryana government for construction of residential houses ..... the plots were given to defendants no.1 to 9, who are near relatives of defendant no.10 by misusing the policy of the government. ..... moreover the gift deeds has to be made with previous approval of state government under the rules. ..... the gift was not preceded by any prior sanction of the state government. 21 ..... provisions of punjab village common land (regulation) act, 1961 (for short 'the 1961 act') and punjab village common land (regulation) rule 1964 (for short 'the 1964 rule) have direct application on the land so gifted to the defendants no.1 to 9. .....

The Rajah of Vizianagaram Vs. Dindi Chinna Thammanna and ors.

Court : Chennai

Reported in : 167Ind.Cas.490

..... but if the assets include the inam lands as well, he has no direct relation with the government but the government collects the cess from the landholder and the landholder reimburses himself from the inamdar treating him as an ..... the scheme of the local boards act is that when the inam lands have not been included in the assets of the zemindari the inamdar is himself a landholder holding directly under the government ..... the point arising for decision in these petitions is whether the holder of a pre-settlement inam in a zemindari can under any and, if so what circumstances, be dealt with as an 'intermediate landholder' from whom the zemindar can claim to recover the whole or a portion of the case paid by the zemindar to government under section 88 of the madras local boards act ..... appear to us that these words are in their natural meaning so limited nor we have been shown any reason why, having regard to the policy of the permanent settlement and the scheme of the local boards act, such pre-settlement inams should be excluded from assessment ,or the zemindar be made to pay the whole cess in respect thereof.5. ..... lakshmanna suggested that there is some lacuna in section 88 of the local boards act and that pre-settlement inams even if they had been included in the assets should not be held to be covered by the expression 'under tenure created, continued or recognised by a landholder in the first proviso to section 88, because, according to him, those three words must be held to refer only to .....

Revajeethu Builders and Developers Vs. S. Vasudeva

Court : Karnataka

Reported in : ILR1991KAR1417; 1991(1)KarLJ522

..... granting exemption from the purview of the urban land (ceiling and regulations) act, under section 20(1)(a) and (b) of the urban land ceiling act, issued by the under secretary, housing and urban development department, government of karnataka, bangalore;(d) directing the 9th respondent to initiate proceedings against the 5th respondent and 4th respondent under chapter xxc of the income tax act which came into force on 1-10-1987 in relation to the sale deed executed by the 4th respondent in favour of the 5th respondent registered on the 30th september, 1987 before the sub-registrar ..... similarly, clause (b) of sub-section (1) of section 20 of the act, the satisfaction of the government must be with reference to the undue hardship that may be caused to the person who holds vacant land in excess of the ceiling limit subject to the proviso which mandates that an order granting exemption under clause (b) of sub-section (1) of section 20 of the act shall record the reasons in writing for exempting the excess land on grounds of undue hardship from the ceiling provisions of the act. .....

Roshanara Begum Vs. Union of India

Court : Delhi

Reported in : 61(1996)DLT206; 1996(36)DRJ34

..... state of punjab, : (1966)illj458sc has laid down that the constitution enshrines and guarantees rule of law and article 226 is designed to ensure that each and every authority in the state, including the government, acts bonafide and within the limits of its power and when a court is satisfied that there is an abuse or misuse of power and its jurisdiction is invoked, it is incumbent on the court to afford justice to the individual. ..... the law relating to the acquisition of such land, building or structure provides for payment of compensation at a rate which shall not be less than ..... in support of his contention runs as follows: 'provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under his personal cultivation it shall not be lawful for the state to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto unless .....

Uoi and Others Vs. Jor Bagh Asscn. Regd. and Others

Court : Delhi

..... the case of the petitioners before the learned single judge was that the lease was a government grant and thus the government grants act 1895 applied to the same and the mandate of section 2 and section 3 of the said act made it clear that the terms of a grant would take effect according to their tenor and the government had the unfettered discretion to impose any condition, limitations or restrictions in the grant, notwithstanding any contrary provision of a statute or of common law. ..... , learned additional solicitor general, who appeared for the appellants, did not dispute the position that the perpetual lease-deeds, conveying lease-hold tenure, executed by the union of india or its agencies such as landdo, as also the perpetual lease-deeds executed by delhi development authority, would be governed by the government grants act 1895; but vehemently argued that vide clause-2(2) of the perpetual lease-deed which was considered by the learned single judge, the lessee was obliged to pay and discharge all ..... we would thus be obliged to make a reference, after framing a question to a larger bench, but before doing so, would be constrained to give an opinion on a supplementary issue which was argued before us with respect to the law declared in the decisions reported as 2000 (viii) ad (delhi) 363 hari prakash edn. .....

Jagdish Prasad Sharma Etc.Etc. Vs. State of Bihar and ors.

Court : Supreme Court of India

..... appeals and connected writ petitions and transferred cases, as has been set out in paragraph 2 of the impugned judgment of the division bench of the patna high court, which is, whether in view of the decision contained in the letter dated 31.12.2008 issued by the department of higher education, ministry of human resource development, government of india, in the context of section 64(a) of the patna university act, 1976 and section 67(a) of the bihar state universities act, the age of superannuation of teachers working in different universities and colleges of bihar would automatically be enhanced to 65 years ..... rakesh dwivedi, learned senior advocate, appearing for the ugc, submitted that after the letter written by the central government on 27.7.1998, informing the states regarding the revision of pay scales and the provision of financial assistance to the extent of 80% of the additional expenditure for the period 1.1.1996 to 31.3.2000, whereafter the entire liability would have to be taken over by the state governments, it was upto the state governments to take recourse to the scheme as framed. ..... it was submitted by her that while the 2000 regulations did not provide for any age of superannuation, in the 2010 regulations, there is a mandate to the state government to follow the same.30. .....

Rahmat Khan @ Rammu Bismillah Khan Vs. Deputy Commissioner Of Police

Court : Supreme Court of India

..... even otherwise, threat to lodge a complaint cannot possibly be a ground for passing an order of 18 externment under section 56 of the maharashtra police act, 1951, more so, when the responses of government authorities to queries raised by the appellant under the right to information act clearly indicate that the complaints are not frivolous ones, without substance. ..... this appeal is against a final judgment and order dated 29th january, 2021 passed by the nagpur bench of the high court of judicature at bombay, dismissing the criminal writ petition no.490 of 2018 filed by the appellant, challenging an order of externment dated 07.05.2018 passed by the deputy commissioner of police, zone-1, amravati city, under section 56(1)(a)(b) of the maharashtra police act, 1951, whereby the appellant has been directed not to enter or return to amravati city or amravati rural district for a period of one year from ..... having regard to the special facts and circumstances of this case, where on the basis of complaints lodged by the appellants inquiry had been started by the concerned authorities against government officials and educational institutions including the complainants, who lodged the firs against the appellant, the impugned externment order which followed, cannot be sustained.42. .....

United States Vs. Clintwood Elkhorn Mining Co.

Court : US Supreme Court

..... in contrast, the tucker act allows claims to be brought against the government within six years of the challenged conduct. ..... indeed, we would think that if the unconstitutionality of the coal export tax were so obvious that the government had no chance of prevailing, someone paying the tax such as these companies would have successfully challenged it earlier than 20 years after its enactment. ..... thus, if we applied the williams packing under no circumstances rule to the refund scheme, we would judge the government s chances of success as of the time the tax was assessed. ..... we made clear in williams packing that the question of whether the government has a chance of ultimately prevailing is to be determined on the basis of the information available to it at the time of suit. ..... that provision requires the government to pay interest for any overpayment in respect of any internal-revenue tax, but the court held that the statute applied only to refund claims brought under the code, not to claims brought directly under the export clause. ..... despite that act s broad and mandatory language, we explained that if it is clear that under no circumstances could the government ultimately prevail, the attempted collection may be enjoined if equity jurisdiction otherwise exists. ..... 1491(a)(1), and the companies limited their claim to taxes paid within that statute s 6-year limitations period, 2501 (2000 ed. ..... see irs notice 2000 28, 2000 1 cum. ..... 3d 1369 (2000). .....