Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641
..... repealed by section 31 of the act and the saving clause in sub-section (2) says:notwithstanding such repeal -(i) anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act; fresh notifications were also issued under the act ..... compensation under present circumstances, has still been struck down by the high court on the surprising grounds of absence of public purpose, illusoriness of compensation state take-over being beyond the orbit of article 39(b) and the like and to express ourselves emphatically in reversal on the obvious, yet basic, issue we itemise below which is necessary to obviate constitutional ..... was argued that for compulsory taking over of the vehicles with permits and other effects of the contract carriage operators, there was no necessity or need or, in other words, there was no nexus between the public purpose and the taking over of the particular property. ..... these and cousin issues are the legal-economic points canvassed before us and are sure to occupy the center of the stage when management and control of growth in effective measure for common weal expand the frontiers of public law with a view to implement the 'distributive justice' embodied in articles 38 and 39 and, by ..... that the scheme of nationalisation in chapter iv-a of the motor vehicles act was given up, whole undertaking of the various operators was not acquired but what was acquired was certain ..... yoga to yoga. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(3)ALD82(SC); JT2006(4)SC482; 2006(3)SCALE617; (2006)4SCC162
..... we must also take into consideration what the appellants' counsel call the inherent contradiction between the 'standard and quality of beef required for export and the provisions of the andhra pradesh prohibition of cow slaughter and animal preservation act, 1977 and the effect of the decisions of ..... person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with matters aforesaid, to be nominated by the state government'.section 4(2)(f) of the act requires the member secretary to possess 'qualifications, knowledge and experience of scientific, engineering or management aspects ..... the lot says that a new industrial undertaking shall not be located either for effecting substantial expansion or for manufacture of new article if the said location is situated within 50 km from the boundary of the standard urban area of any city having a population of more than 25 lakhs according to 1981 census or is located 30 kin from the boundary of the standard urban area limit of any city having a population of more than 15 ..... (iii) the krishnan committee's suggestion of state government taking over m/s al-kabeer slaughter house for supply of meat for domestic requirement had gone contrary to ..... with the state of mysore, a new enactment, namely, the mysore prevention of cow slaughter and cattle preservation act 1964 ( in short '1964 act'), which repealed the 1948 act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1
..... of india taking similar pleas as are taken in ia 1046 seeking directions that in mining npv may be calculated at the rate of 10% and 5% as above noted.now, we may refer to notification dated 23rd april, 2004 issued by moef in exercise of the powers conferred by sub-section (3) of section 3 of the ep act constituting an authority known as compensatory afforestation fund management and planning authority (hereinafter referred to as 'campa') for the purpose of management of money ..... year o, is simply the sum of the net economic benefits it yields in each year over the life time, t, of the asset, discounted to the present value by the discounted rate.the current method of valuing public sector projects, like forestry, has become contentious as public sector undertakings agrees for lower discount rate on account of long gestation period. ..... was inserted in the constitution of india for protection and improvement of environments and safeguarding forest and wildlife in the year 1977.the basis objectives leading to the laying down of the national forest policy, 1988 may also be noted and also ..... (g) plantations must use local and indigenous species since exotics have long term negative impacts on the environment; and (h) an independent system of concurrent monitoring and evaluation shall be evolved and implemented through the compensatory afforestation fund to ensure effective and proper utilization of funds.the aforesaid report, inter alia, notes that there was general consensus amongst the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94
..... a dispute or difference between two or more state governments having arisen which is a water dispute under section 2(c) of the act and complaint to that effect being made to the union government under section 3 of the said act the central government constitutes a water disputes tribunal for the adjudication of the dispute in question, once it forms the opinion that the ..... of the down stream impacts of sardar sarovar dam observes, inter alia, as under:the overall conclusion of the team undertaking the assessment described in this report is that there are no down steam impacts whose magnitude and effect are such as to cause doubts to be cast over the wisdom of proceeding with the sardar sarovar projects provided that appropriate monitoring and mitigation measurers are applied. ..... have overriding ..... of water resources on analysis of aerial photographs and satellite imageries as 2-3 years.ii) catchment area treatment programme can be formulated by three years thereafter; iii) wildlife census by zoological survey of india would take at least three years; iv) survey by botanical survey of india would take three years.it further took the view that it was essential that there should be a strong management authority. ..... in 1977 to which india is a signatory, during the united nations water conference resolved unanimously inter alia as under:all people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... take over such land on payment of compensation in accordance with the principles specified in section 10 of the andhra pradesh ceiling on agricultural holdings act, 1961 (act x of 1961) and such land shall thereupon vest in the state government free from all encumbrances and shall be disposed of in favour of members of the scheduled tribes or a society registered or deemed to be registered under the andhra pradesh co-operative societies act, 1964 (act ..... get allotted to them individually and collectively through registered cooperative societies or agricultural/farming cooperative societies composed solely of the tribals and would be managed by them alone with the facilities and opportunities provided to them by the union of india through their annual budgetary allocation spent through the ..... undertaking by the government was not enforceable in a court of law, as it was not being within the competence of the crown to make a contract which would have the effect ..... province which is for the time being an excluded area, or a partially excluded area, and any regulations so made may repeal or amend any act of the dominion legislature, or of the provincial legislature, or any existing indian law, which is for the time being ..... in the absence of such a provision, in a constitutional set up like the one we have in this country, and of which the overriding basis is the broad concept of equality, free from any arbitrary discrimination, the presumption would be that ..... survey of 1977 the population .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... time of take-over by the central government was the divisional manager of the ..... an employee by merely stating that it is inexpedient or against the interest of the security to continue to employ the workman is violative of the basic requirement of natural justice inasmuch as that the general manager can impose penalty of such a drastic nature as to affect the livelihood and put a stigma on the character of the workman without recording reasons why disciplinary inquiry is dispensed with and what was the ..... according to the solicitor general, could be found in the statutory provisions of the 1950 act under which the regulations have been framed, the preamble; sections 19 and 20 (equivalent to sections 18 and 19 of the road transport corporation act, 1950); section 53 (equivalent to section 45 of the road transport corporation act, 1950); the context of regulation 9(b) read with 9(a) and 15. ..... emergency provisions) act, 1971 was passed under the provisions of which act all undertakings of all insurers vested in the central government with effect from 13th ..... a letter to the regional passport officer requesting him to furnish a copy of the statement of reasons for making the order as provided in section 1 0(5), reply was sent by the government of india, ministry of external affairs on 6th july 1977 stating inter alia that the government decided 'in the interest of the general public' not to furnish her copy of the statement of reasons for ..... provisions will override any contrary terms .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR711; 2009(4)BomCR348; JT2009(1)SC470; 2009(1)SCALE758; (2009)3SCC571; 2009(1)LC411(SC)
..... this case, we hold that when the state volunteered to take possession of the land subject to the right of the members of public to access the beach through the acquired land and a specific provision to that effect was incorporated in the agreement executed under section 41(5), section 16 of the 1894 act cannot be invoked for nullifying the right of the public to ..... generality of the foregoing provisions, the board may, and shall if required by the government so to do--(a) direct the preparation of development plans by the planning and development authorities;(b) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and monographs on planning and its methodology;(c) co-ordinate and advise on the planning and implementation of physical ..... that they may enjoy the navigation of the water, carry on commerce over them and have liberty of fishing therein free from obstruction or interference of private parties. ..... in natural resources law: effective judicial intervention' (1970), indicates that the public trust doctrine, of all concepts known to law, constitutes the best practical and philosophical premise and legal tool for protecting public rights and for protecting and managing resources, ecological values ..... intention of making available the facilities of yoga centre, health club and amenities like ..... repealed ..... section 44(1)/49(1) of the goa, daman and diu town and country planning act, 1974, read with rule 13 of the planning & development rules 1977 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105
..... forbid a state legislature exercising legislative power under an entry other than entry 24 of list ii and if in exercise of that legislative power the consequential transfer of management or control over the industry or undertaking follows as an incident of acquisition such taking over of management or control pursuant to an exercise of legislative power is not within the inhibition of section 20 ..... was contended, on behalf of the appellant, relying on hingir rampur and tulloch, that the provision imposing land cess quoad royalty must be held to be repealed by mmrd act of 1948 or, in any event, by the mmrd act, 1957 (central act lxvii of 1957) and that, after the date when these enactments came into force, the land cess that could be levied must be exclusive of royalty ..... (3) x x xsub-section (2) was amended by act 13 of 1970 by substituting of 50% in place of 25% but a 1982 amendment inserted section 5a to provide that, for the period 1.4.1977 to 31.3.1980, the cess would be levied at 25% of the annual value in respect of lands ..... . those authorities have the power to levy that tax in order effectively to discharge the municipal ..... to the overriding power of parliament as declared in act 67 of 1957 in section 15 ..... time to time, inter alia in 1976, 1977, 1978, 1979, 1980, 1981 and 1982. ..... rule 6a, inserted in 1977, deals with this but it is unnecessary for us to consider the details except to mention that it is assessed and collected, along with the amount of royalty or dead rent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC3208; 1(1996)BC488(SC); JT1996(3)SC203; 1996(2)SCALE734; (1996)8SCC407; [1996]3SCR322; (1996)3UPLBEC2083
..... the high court relied upon the decision in sapherd's case (supra) and came to hold that the provisions of section 45 of the banking regulation act being in parimateria with section 9 of the banking companies acquisition and transfer of undertakings act, 1980, and the scheme framed under section 45 of the banking regulation act having been held by this court to be not legislative, the scheme framed under the acquisition act as in the present case, must also be held to be not legislative one. ..... time of merger in the transferee bank to be counted in the ratio of 2:1 cannot be said to be discriminatory when the profitivity in terms of business of the two banks the volume of business handled by the employees of the two banks, the promotion effected in scales 3 to 7 by the new bank of india just before its merger with the punjab national bank, the rate of promotion of the employees in the two banks when compared are taken into account. ..... in the aforesaid case the district board schools were taken over by the government of tamil nadu and after such taking over the issue of merger of the staff confronted the government. ..... private interest of employees of public under takings cannot override public interest and an effort has to be made to harmonize the two considerations. ..... 17 of 1977, the board of directors of coril had issued a circular indicating the perquisite admissible to the management staff should be rationalised in the manner stated in the circular. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649
..... act and motor vehicles act and on that basis also it was held that the provisions contained in the defence of india rules would have an overriding effect over the provisions of the motor vehicles act ..... or incorporated by any central act,(iv) any institute incorporated by the institutes of technology act, 1961 (59 of 1961); (v) any board of trustees constituted under the major port trusts act, 1963 (38 of 1963); (vi) the bhakra management board constituted under section 79 of the punjab reorganisation act, 1966 (31 of 1966) and that board as and when renamed as the bhakra-beas management board under sub-section (6) of section 80 of the act; and(3) in relation ..... a corporation are that it has the capacity of continuous existence and succession, notwithstanding changes in its membership and it possesses the capacity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and privileges conferred on it by law ..... and transfer of undertakings) act, 1970 (hereinafter referred to as the 'banks nationalisation act'), the undertaking of the ..... act is subsequently passed, it is logical to presume that parliament has not repealed or modified the former special act unless it appears that the special act ..... 1977]2scr421 , the question for consideration was, whether the provisions of section 14a and chapter iiia of the rent control act will prevail over those contained in sections 19 and 39 of the slum areas (improvement and clearance) act .....
Tag this Judgment!