Court : Supreme Court of India
Reported in : AIR2005SC1975; (SCSuppl)2005(2)CHN183; JT2005(3)SC48; (2005)3SCC16; (2005)2UPLBEC1615
..... an environment ambiance had all along been maintained in consonance with the ideals of tagore and for which the same was established.the act:5.the parliament with a view to preserve and protect the uniqueness, tradition and special features of the said university, in exercise of its legislative power conferred on it under entry 63, list i of the seven schedule of the constitution of india enacted the visva-bharati act, 1951 (the act) declaring it to be an institution of national importance. ..... the jurisdiction of the university is not only confined to the area specified in the second schedule appended to the act, as regard its academic activities but in view of section 6(32) of the act it may establish campuses within the territorial limits of the university as specified therein.31. ..... . a land use plan should be prepared not only having regard to the provisions contained in the 1979 act and the rules and regulations framed thereunder but also the provisions of other statues enacted therefore and in particular those for protection and preservation of ecology and environment.41 ..... the rapid eia report submitted by bphdci, though indicated that suspended particulate matters in ambient air at sonar taree area are below maximum permissible limit, but the same near pearson memorial hospital was more than the permissible limit in december. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3508; 101(2006)CLT715(SC); JT2006(2)SC217; 2006(2)SCALE262; (2006)3SCC229
..... was concerned with interpretation of the provisions of visva-bharati act, 1951 which was enacted to preserve and protect the uniqueness, tradition and special features of visva-bharati university. ..... a land use plan should be prepared not only having regard to the provisions contained in the 1979 act and the rules and regulations framed thereunder but also the provisions of other statutes enacted therefor and in particular those for protection and preservation of ecology and environment.as visva-bharati has the unique distinction of being not only a university of national importance but also a unitary one, ssda should be well advised to keep ..... understand that on 2.9.95, the director of estates held further meeting in the presence of planning member of bhubaneswar development authority, officer of bhubaneswar municipal corporation, orissa state housing board for immediate rehabilitation ..... of strict compliance of the provisions of the environmental protection act, 1986 stating:thus the power under the act cannot be treated as a power simpliciter, but it is a power coupled with duty. ..... that as per the decision of the high power committee, the site selection committee met on 11.6.87 and recommended that the milkmen/ private ..... the exercise of such governmental power is justified on account of it being reasonably necessary for the public health, safety, morals or general welfare and ecological considerations; though an unnecessary or unreasonable intermeddling with the private ownership of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP175
..... , expression 'order' means the formal expression of the decision given by the board or a revenue officer in respect of any matter in exercise of its; his powers under this code or any other enactment for the time being in force, as the case may be;' against order of a revenue officer would lie,as per section 44(1)(a) when that order is passed 'inrespect to any matter' in relation to which heexercises powers under the code or, for thatmatter, even when the order to be passedunder any ..... -- save where otherwise provided in this act or as provided in section 319 of the quanoon mal gwalior, samvat 1983 (as amended by quanoon mal amendment act, samvat 2004), an appeal shall lie from every original order passed under this act or the rules made thereunder -- (1) if such order is passed by any revenue officer (whether or not such officer is invested with the powers of the collector) subordinate to the collector or to the settlement officer, as the case may be;' as per col. ..... in section 11 of the code, are classified 'revenue officers' including 'tahsildars', 'sub-divisional officers', 'collectors' and other functionaries upto the level of 'commissioners' who are in any manner acting with revenue administration and are entrusted with powers or duties under the code. .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)1CALLT51(HC)
..... but by virtu of the amendment of the visva bharati act, 1951, visva bharati music board was amalgamated with the 'visva bharati' and all properties including assets, rights and liabilities became vested in the petitioner no. 1 ..... for any commercial purpose; or(ii) (hires or avails of) any services for a consideration which has been paid or promised or partly paid an partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who (hires or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval ..... means any person who-(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid and partly promised, or under any system of deferred payment when such use is made with the approval of such person ..... the construction of the section approved by us above vests in the appellate authority a power to deal with the appeal otherwise than by way of final disposal even if the disputed tax is not ..... the cassettes were carefully examined by an expert member sri subhas choudhury who made certain remarks on the cassettes allegedly showing certain mistakes in intonation an also notations of 'swarabitan .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR117
..... the board or as the case may be the committee by seeking evidence by obtaining following documents:(i) matriculation or equivalent certificates, if available, and in the absence whereof;(ii) the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof;(iii) the birth certificate given by a corporation or a municipal authority or a panchayat.it further provides that only in the absence of above referred to ..... in the custody of the petitioner-accused, but he did not raise claim of juvenility till the case was kept for pronouncement of judgment after recording of his statement under section 313 of the code and has not offered any explanation as to why such claim was not raised till the stage of pronouncement of judgment, hence, enquiry is required to be conducted ..... section 4 of the act provides that the state government may constitute for every district one or more juvenile justice boards for exercising the powers and discharging the duties conferred or imposed on such boards in relation to juveniles in conflict with law under the act ..... or equivalent certificates, if available, and in the absence whereof; (ii) the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof; (iii) the birth certificate given by a ..... opinion and to inquire as to whether the name of the petitioner-accused is registered in the voters' list and also permitted the petitioner-accused to lead other evidence. .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)15GLR116
..... the contention of shri patel was that since his application to set aside the ex-parte order virtually amounted to further inquiry relating to public trust, it could have been treated as an application under section 22a of the act and the provisions of section 20 and other sections could have been applied to the same. ..... therefore, even believing that an order refusing to set aside the ex-parte order previously passed by the assistant charity commissioner was not liable to be revised in appeal under section 70 of the act, it was undoubtedly liable to be revised in exercise of the revisional powers vested in the charity commissioner under section 70 of the act. ..... i, however, find that though the learned advocate of the trustees, who appeared before the learned charity commissioner had not urged him to utilise his revisional powers under section 70a of the act, such a contention was, in fact, advanced on behalf of the trustees at least before the learned extra assistant judge, who disposed of the matter under section 72 of the act. ..... in exercise of these powers the state government is found to have framed rule 7 which is in the following terms:manner of inquiries: except as expressly provided in these rules inquiries under the act shall be held as far as possible, in the greater bombay region in accordance with the procedure prescribed for the trial of suits under the presidency small cause courts act, 1882 and elsewhere under the provincial small cause, courts act, 1887. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1233
..... (iv) the prayer of the defeated candidate for a declaration of having been elected as president is not covered by any statutory provision, such as section 101 of the representation of the people act, 1951 where a defeated candidate can succeed in getting declaration of having been elected only when on recount he secures more votes or when the elected candidate is shown to have resorted to corrupt practice, but neither of these grounds is ..... yf mehta submitted that right to vote at an election is not a fundamental right and section 62(5) of the representation of the people act, 1951 provides that no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police, provided that this bar does not apply to a person ..... elections to this office also, 19 members voted in favour of ghanshyambhai khemchandbhai khatri and the other 19 members voted in favour of the second ..... more than two centuries back james madison had stated - i believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.here is a case where by brazen encroachments by those who had the police force ready to oblige them, the freedom of the people to elect the president of their municipality ..... 3 to 5) and police staff and the constables under them arrested anilbhai patel and meenaben gohil at 12.30 pm and .....
Tag this Judgment!Court : Kolkata
Reported in : (1983)ILLJ332Cal
..... ginwalla, appearing on behalf of the petitioner, has submitted that the university which was incorporated under the visva-bharati act, 1951 was constituted as a body corporate as a unitary teaching and residential university as laid down in section 4 of the said act, and the university as a whole should be taken into account in considering the question whether it would come under the provisions of the act. mr. ..... the petitioner, visva bharati, is a university incorporated by an act of parliament being the visva bharati act, 1951 (hereinafter referred to as 'the act') and is situated at sahtiniketan in the district of birbhum in west bengal. ..... behalf by the central government by notification in the official gazette, and the first members of the samsad (court) the first members of the samsad (court) and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate as a unitary, teaching and residential university by the name of visva-bharati, and shall have perpetual succession and a common seal, and shall sue and ..... ' under section 6 of the said act the powers of the university were laid down, sections (e) of section 6 reads as follows:to provide for the promotion of rural reconstruction, social welfare, development of cottage industries, and all other nation-building activities and works of public benefit;13. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC463; [1985(51)FLR605]; 1986LabIC103; (1986)ILLJ155SC; 1985(2)SCALE752; (1985)4SCC509; [1985]Supp3SCR582; 1986(1)LC31(SC)
..... of the view that 'if the university as an establishment does not come under the provisions and or the purview of the act, the different branches or departments of the university which the university empowered and or entitled to maintain under the provision of the visva bharati act cannot be brought within the mischief of the act. ..... west bengal : (1983)illj332cal wherein it was held that the provisions of the act were inapplicable in respect of a 'silpa sadan', agricultural farm and a hospital run by the visva-bharati university. ..... departments of publications and press wherein printing presses were being run by the two universities, were liable for coverage under the employees' provident funds and miscellaneous provisions act (hereinafter called the 'act and scheme') and calling upon the two universities to submit their monthly returns and remit the amounts of contribution as required by the provisions of the scheme. ..... of the section to lays down even by remotest implication that an establishment, which is a factory engaged in an industry specified in schedule i will not be liable for coverage under the act merely because it is part of a larger organisation carrying on some other activities also which may not fall within the scope of the act. ..... been defined in section 2(g) as meaning 'any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on, whether with the aid of power or without the aid of power.'5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2001(88)FLR267]; (2001)ILLJ18SC; (2001)1MLJ112(SC); 2000(7)SCALE575; (2001)1UPLBEC181
..... the learned judge was of the view that 'if the university as an establishment does not come under the provisions and or the purview of the act, the different branches or departments of the university which the university is empowered and or entitled to maintain under the provision of the visva bharati act cannot be brought within the mischief of the act. ..... : (1983)illj332cal , wherein it was held that the provisions of the act were inapplicable in respect of a 'silpa sadan', agricultural farm and a hospital run by the visva bharati university. ..... section 2(k) of the factories act defines the term 'manufacturing process' as follows:2(k) 'manufacturing process' means any process for -(i) making, altering, repairing ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to use, sale, transport, delivery or disposal, or(ii) pumping oil, water, sewage or any other substance; or(iii) generating, transforming or transmitting power, or(iv) composing types for printing, printing by letter-press, lithography, photogravure or other similar process or book- ..... it was also held that if a factory runs more industries than one all of which are independent of each other, section 1(3)(a) will apply to the factory even if one or more, but not all, of the industries run by it fall under schedule ..... attention was drawn to a decision of a learned single judge of the calcutta high court in visva bharati v. .....
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