Judgment Search Results Home > Cases Phrase: the sikkim children act 1982 Page 1 of about 77,748 results (0.932 seconds)

Harijan Lay out Sudhar Samiti and ors. Vs. the State of Maharashtra an ...

Court : Mumbai

Reported in : (1997)99BOMLR434

..... even after the site came within the jurisdiction of corporation by virtue of the notification issued by the government under clause (9) of section 3 of the bangalore corporation act, and the site vested in the corporation under section 71-a of the act, the corporation was under an obligation to retain that site as children's playground and could not divert it for any other purpose and much less grant it to a private person or organisation, whether by way of sale, gift or lease unless the aforesaid scheme was modified according to law. ..... air 1982.32ker 1, it is observed that;site reserved for children's playground vesting with corporation- it is under an obligation to retain it as such- cannot divert or grant it to private person or organization-lease granted by corporation and sanction accorded by government is without authority of law. ..... others : [1982]2scr365 , it is observed thatit is a matter of prudence and not as a rule of law, the court may confine this strategic exercise of jurisdiction to cases where legal wrong or legal injury is caused to a determination class or group of persons or the constitutional or legal right of such determinate class or group of persons is violated and as far as possible, not entertain cases of judicial redress.similarly, a member of the public having sufficient interest can certainly maintain an action challenging the legality of such act or omission, wherein .....

B.S. Muddappa and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1990Kant87; ILR1989KAR3027; 1989(2)KarLJ540

..... we must at the cost of repetition point out that the learned single judge erred in distinguishing the ruling of this court in the case of holy saint education society (ilr (1982) 1 kant 1) was inapposite inasmuch as this court had in that case pointed out that if an area was reserved for a specific purpose then the person holding that area in trust for the benefit of the public cannot divert its use different from the one for which it was reserved. ..... 71-a of the act, the corporation was under an obligation to retain that site as children'splayground and could not divert it for any other purpose and much less grant it to a private person or organisation, whether by way of sale, gift or lease, unless the aforesaid scheme was modified according to law. ..... the only distinction between the facts of this case and the facts of the case of holy saint education society (ilr (1982) 1 kant 1) is that the park in question had vested in the corporation of the city of bangalore and in this case, the park area converted by the b.d.a. ..... ilr (1982) 1 kant i. ..... 21344/1982. .....

Machinjeri (Deceased by Lrs) and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1992Ker224

..... 1215 of 1982 (which we are disposing of separately) that section 84(1 a) of the kerala land reforms act, 1963 (act 1 of 1964) hereinafter referred to as the act, does not enable exclusion of the lands gifted by the declarant between january 1, 1970 and november, 5, 1974 from his accountable holdings in determining the extent of surrenderable area under the ceiling provisions of the act. ..... to put it positively, the effect of the provision is that bona fide partitions, and transfers by way of gift to major children or grandchildren are treated as valid and binding and the lands covered by such partitions and gifts are liable to be excluded from the total holdings of the declarant in the computation of the ceiling area. ..... 734 of 1974 held that such gifts are not invalidated by section 84 and therefore if the declarant ceased to hold any excess land by virtue of a gift executed by him to his major children before the order which occasioned the vesting was passed, those lands will be excluded in the reckoning of the ceiling area. ..... according to the guidelines drawn up on the basis of the conclusions of the chief ministers' conference on ceiling on agricultural holdings held on july 23, 1972, every major son should be treated as a separate unit for the purpose of application of ceiling and it should be ensured that there is no discrimination between major children governed by several systems of personal laws.9. .....

S.G. Pandu S/O Gundaiah Vs. United India Insurance Company Ltd. Repres ...

Court : Karnataka

Reported in : 2010ACJ202; AIR2009Kant33; 2009(2)KCCR1057; AIR2009Kar33; 2009(1)AIRKarR308

..... on the basis that, the accident was due to the rash and negligent driving of the vehicle by its driver, the wife and children of the deceased, filed claim petition against the owner and insurer of the said vehicle, which was inter alia opposed on the ground that, the employee was covered by esi act and the scheme framed thereunder and the claimants having received the compensation under the esi act, they have no right to claim compensation under the mv act and the claim petition is not maintainable. ..... ksrtc reported in 1982(1) klj 202, while considering an appeal wherein, the material facts were that, eight injured persons and the deceased were employees of ngef and were travelling in a bus belonging to ksrtc on their way to factory. ..... reported in air 1982 mad 223, one jayaraman was walking in the express newspapers estate and at that time, a vehicle belonging to the express newspapers limited driven by its driver, knocked him down on account of which, he sustained multiple injuries, which ultimately resulted in his death in the hospital. .....

Estate of Late N.J. Patel Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... it would be appropriate to reproduce paragraphs 28, 29 and 30 of the tribunals order here below: applying the ratio of the decisions of the supreme court referred to above and considering the totality of the f acts and circumstances of the case, we are of the view that the assessing officer was wrong in not assessing the income as income from business. ..... we have given a careful consideration to the rival submissions and in our view there is hardly any basis for holding that the agricultural land automatically got converted into stock-in-trade in the year 1979.in the year 1979, the original owner of the agricultural land only expressed his intention and offered to construct the dwellings for weaker sections of the society on the surplus land and he submitted application under section 21 of the ulc act. ..... patel passed away on 5-2-1982 and the relevant agricultural land, under his will, was bequeathed to his children, grand-children and his three sons were appointed as executors. ..... the commissioner of income-tax, central-iii, mumbai set aside the aforesaid assessment order under section 263 of the income tax act on 5-2-1998.it would be appropriate to reproduce below the relevant part of the cit's order from pages 12 and 13 of his order: treatment of the sale proceeds as capital receipts has resulted in under assessment of income, thereby rendering the impugned assessment erroneous insofar as it is prejudicial to the interests of the revenue. .....

Santosky Vs. Kramer

Court : US Supreme Court

..... [ footnote 13 ] in this case, for example, the parents claim that the state sought court orders denying them the right to visit their children, which would have prevented them from maintaining the contact required by fam.ct.act. ..... the new york family court act 622 (mckinney 1975 and supp.1981-1982) (fam.ct.act) requires that only a "fair preponderance of the evidence" support that finding. ..... 82-437 (generally requiring a preponderance of the evidence, but requiring clear and convincing evidence to terminate the rights of minor parents and mentally ill or mentally deficient parents); n.y.soc.serv.law 384-b.3(g), 384-b.4(c), and 384-b.4(e) (supp.1981-1982) (requiring "clear and convincing proof" before parental rights may be terminated for reasons of mental illness and mental retardation or severe and repeated child abuse). ..... 232(a)(7) (west supp.1982); ga.code 24a-2201(c), 24a-3201 (1979); iowa code 600a.8 (1981) ("clear and convincing proof"); me.rev.stat.ann. ..... (a) (mckinney supp.1981-1982) (soc.serv.law). ..... 11, 1981, 1982 ill. ..... 1981-1982); mo.rev.stat. ..... 1981-1982); mich.comp.laws 722.25 (supp. ..... 80-5889 argued november 10, 1981 decided march 24, 1982 455 u.s. ..... 745 (1982) santosky v. ..... (b) (mckinney 1975 and supp.1981-1982). ..... (d) (mckinney supp.1981-1982). ..... 13:1603.a (west supp.1982). ..... 1981-1982). ..... 1982); r.i.gen.laws 15-7-7(d) (supp. ..... 745 (1982) u.s. .....

Modern Educational and Cultural Society Vs. Nizam and ors.

Court : Rajasthan

Reported in : RLW2007(4)Raj3214

..... is of utmost necessity that the respondent jda in discharging all its obligations of planning and development of the city of jaipur give due importance to the provisions envisaged in the rules of 1975 and the act of 1982 and in doing so, mandatorily adhere to the requirement of sufficient spaces being left open to be used as parks, gardens, playground and recreational grounds for their entertainment and health activity of the local residents and especially the children. ..... we have to therefore examine is whether the aforequoted conclusions arrived at by the learned single judge in the face of the law available on the subject and interpretation of the provisions of the rules 1975 and the act of 1982 are sustainable in law. ..... be said to have been taken in public interest and high court rightly observed in the judgment that 'local residents and children must have place enough to be used as parks, gardens and for entertainment which not only act as lungs and ventilators for the suffocating growth of pollution but also add luster and beauty to the township, the utility of such piece of land acting as a buffer for maintaining ecological balance and environmental demand needs no emphasis'.in fact their ..... kamlakar sharma argued that the jaipur development authority act, 1982 (for short 'the act') nowhere specifically provides for the definition of facility area though open space and public park have been included in the definition of 'amenities' as given in section 2(2) of the jda act, 1982. .....

Smt. L.K. Thangammal Vs. Third Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1982)1ITD762(Mad.)

..... an application for retiring gratuity under these rules should be drawn up in the form hereto attached, by the head of the department in which the member of the supervisory staff was serving at the time of his retirement on behalf of the retiring member of the supervisory staff or in the event of his death, on behalf of his widow or widows or children or other dependents as the case may be. ..... however, the view that prevailed under the old law can no longer hold good in view of section 168(3) of the act which reads as under : (3) separate assessments shall be made under this section on the total income of each completed previous year or part thereof as is included in the period from the date of the death to the date of complete distribution to the beneficiaries of the estate according to their several interests.section 168 which enables assessment on executors had no corresponding provision under the 1922 act. ..... payment of gratuity subject to company's discretion - all retiring gratuities granted under these rules shall be at the absolute discretion of the company, irrespective of whether the member of the supervisory staff has or has not performed all or any of the conditions hereinafter stated, and no member of the supervisory staff howsoever eligible shall be deemed to be entitled as of right to any payment under these rules. ..... dwarkadoss sehgal air 1982 del. .....

Dellmuth Vs. Muth

Court : US Supreme Court

..... footnote 3 ] i can only express amazement at the court's statement that "a comparison of the language in the [rehabilitation act] amendments with the language the eha serves only to underscore the difference in the two statutes," ante, at 229, as if the omission from the eha of the rehabilitation act amendments' provision that "[a] state shall not be immune under the eleventh amendment" actually tells us something about congress' intent when it enacted the eha. ..... makes congress' purpose undeniably clear-history spurned by the court because it has devised in this case a novel rule that "[l]egislative history generally will be irrelevant to a judicial inquiry into whether congress intended to abrogate the eleventh amendment," ante, at 230-the court is able to "recognize that the eha's frequent reference to the states, and its delineation of the states' important role in securing an appropriate education for handicapped children, make the states, along with local agencies, logical defendants in ..... the court first cited the act's preamble, which states congress' finding that "it is in the national interest that the federal government assist state and local efforts to provide programs to meet the education needs of handicapped children in order to assure equal protection of the law." 20 ..... , 673 f.2d 969 ( ca8 1982) (finding no abrogation). ..... (e)( 4) (1982 ed. ..... -7(a)(1) (1982 ed. ..... , 182-183, 3038-3039 (1982). ..... 1982 ed ..... -7(a)(1) (1982 ed. ..... -7(b) ( 1982 ed. ..... -7 (1982 ed. ..... (e)(4)(g) (1982 ed. ..... (1982 ed ..... (1982 .....

Dellmuth Vs. Muth

Court : US Supreme Court

..... 223 certiorari to the united states court of appeals for the third circuit syllabus the education of the handicapped act (eha) -- which enacts a comprehensive scheme to assure that handicapped children may achieve a free public education appropriate for their needs -- provides, inter alia, that parents may challenge the appropriateness of their child's "individualized education program" (iep) in an administrative hearing with subsequent judicial review. ..... it is the state educational agency that is "responsible for assuring that the requirements of [eha subchapter ii, dealing with federal assistance for education of handicapped children] are carried out and that all educational programs for handicapped children within the state, including all such programs administered by any other state or local agency, [are] under the general supervision of the persons responsible for educational programs for handicapped children in the state educational agency ..... the court first cited the act's preamble, which states congress' finding that "it is in the national interest that the federal government assist state and local efforts to provide programs to meet the education needs of handicapped children in order to assure equal protection of the law." 20 u.s.c ..... missouri, 673 f.2d 969 (ca8 1982) (finding no abrogation). ..... 1415(e)(4) (1982 ed. ..... 2000d-7(a)(1) (1982 ed. ..... 182 -183 (1982). ..... (1982 ed ..... 2000d-7(a) (1) (1982 ed. ..... 2000d-7(b) (1982 ed. ..... 2000d-7 (1982 ed. ..... 1415(e)(4)(g) (1982 ed. ..... 1415 (1982 ed. ..... (1982 ed. .....