Court : Gujarat
Decided on : Aug-05-1991
Reported in : (1991)2GLR1035
..... person any opportunity of making representation on the penalty proposed.4. in exercise of the powers conferred by the proviso to article 309 of the constitution of india, and with the previous approval of the central government under the proviso to sub-section (6) of section 81 of the bombay reorganisation act, 1960 the governor of gujarat framed rules known as gujarat civil services (discipline & appeal) ..... given situation, the commissioner must cause the removal of an encroachment without issuing previous notice. the primary rule of construction is that the language of the law must receive its plain and natural meaning. what section 314 provides is that the commissioner may, without notice, cause an encroachment to be removed. it does not command that the commissioner shall, without notice ..... the effect of depriving the member of his right of appeal when a valid decision to expel him is subsequently made. such a deprivation would be powerful result to be achieved by what in law is a mere nullity; and it is no more triviality that might be justified on the ground that natural justice does not mean perfect justice. ..... by logic an element of reasonableness therein. observing that it was a discretionary power vested in the commissioner, the court held that it should not be treated as 'command' not to issue notice before the removal of encroachment, because construing it as a command would make the law invalid and unconstitutional.56. a similar question arose before the division bench of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-02-1991
Reported in : 1991(4)BomCR695
..... on behalf of the state, the supreme court has adopted the 'policy and guideline theory' in judging the delegation of power to the executive to extend the provisions of any act to the union territory of chandigarh under section 87 of the punjab reorganisation act, 1966.119. it is thus well settled that, if the legislature has itself laid down legislative policy and guidance for ..... statute. for ascertaining the real intention of the legislature, the court may consider inter-alia, the nature and the design of the statute and the consequences which would follow from construing it the one way or the other, the impact of other provisions whereby by the necessity of complying with the provisions in question is avoided, the circumstance, namely, that statute ..... comes into being which has to be declared as a planning area for the purpose of the act as provided under section 18(1) of the act because, according to it, it is only on such declaration that the act as applicable to such a planning area.89. in considering the rival submissions, it has kept in mind that as regards administrative legislation there is ..... (3) of the bombay municipal corporation act, 1888 before recognising a scheme of subsidized housing for industrial workers or person belonging to lower income groups or poorer classes. after quoting with approval, professor h.w.r. wade, in para 13 from his book on administrative law it is held that the statutory duty casts upon the state government to consul the corporation is .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-19-1991
Reported in : ILR1991KAR1899; 1991(2)KarLJ116
..... karnataka1 is printed. it is incontrovertible that with effect from 1-11-1956, on which date this state came into existence under the provisions of the states reorganisation act, 1956, the name of the state was 'state of mysore' and accordingly on all the court fee stamps used in this state the word 'mysore' ..... case : air1982kant347 and in laxmibai's case : air1988kant11 and further hold that the deputy commissioner/land acquisition officer has no power to make a reference under section 18 of the act after the right of the party to seek a direction from the court comes to an end and overrule the decision in ..... incongruous to hold that the deputy commissioner can still make a reference, at any time even after decades. in our view, it is reasonable to construe the provision to mean that the date on which the right of the party to get a reference comes to an end would also be the ..... view taken by the learned judge in balappa. we are of the view that the reasonable construction of the provision is, as it has been construed in gwalior rayon and lakshmi bai it is well recognised rule of construction that in order to ascertain the true meaning of a provision the intention ..... 1984 addressed by the special land acquisition officer, hidkal dam project, was sent to the special deputy commissioner, law & rhn g & m projects, belgaum, intimating that unregistered spurious references were made in about 89 applications which were sent to the court of the civil judge, chokodi. a xerox copy of the said .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-04-1991
Reported in : AIR1992Kant215
..... sought to be achieved, viz., fixation and rationalisation of rates but the arbitrary power of assessment conferred under the act enables the appropriate officers to make unreasonable discrimination between different persons and lands. the act, therefore, clearly offends art. 14 of the constitution.'22. section 4b of the act is a special provision in respect of video shows. in lieu of the ..... to remember here, that historically no other language in this country suffered by being distributed amongst various geographical units, as kannada. till the states reorganisation, kannada speaking people were distributed amongst erstwhile states of hyderabad, bombay, madras and mysore, resulting in a slow growth of its cultural characteristics. state of karnataka has, therefore, necessarily to take steps to ..... art. 14 of the constitution, it is necessary that the prohibitions in art. 301 and the scope of art. 304(a) and (b) should be understood and construed. constitution is a living organism and the latent meaning of the expressions used can be given effect to only if a particular situation arises. it is not that with ..... the entertainment also and entertainment lax need not be confined to the persons receiving the entertainment. at page 585, after referring to the legislative entry empowering the legislation tomake a law imposing the tax on 'entertainments, luxuries, etc.' the court proceeded to hold :'the entry contemplates luxuries, entertainments, and amusements as objects oh which the tax is to .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-04-1991
Reported in : ILR1991KAR2468
..... to be achieved, viz., fixation and rationalisation of rates but the arbitrary power of assessment conferred under the act enables the appropriate officers to make unreasonable discrimination between different persons and lands. the act, therefore, clearly offends article 14 of the constitution.' 22. section 4-b of the act is a special provision in respect of video shows. in lieu of ..... remember here, that, historically no other language in this country suffered by being distributed amongst various geographical units, as kannada. till the states reorganisation, kannada speaking people were distributed amongst erstwhile states of hyderabad, bombay, madras and mysore, resulting in a slow growth of its cultural characteristics. state of karnataka has, therefore, necessarily to take steps to accelerate ..... article 14 of the constitution, it is necessary that the prohibitions in article 301 and the scope of article 304(a) and (b) should be understood and construed. constitution is a living organism and the latent meaning of the expressions used can be given effect to only if a particular situation arises. it is not that ..... in the abstract. 30. the latitude given to the legislature in evolving any fiscal policy and its implementation, as against the judicial restraint required while approaching attacks against such a law, are again brought out in ashwathanarayana setty v. state of karnataka : air1989sc100 . m. n. venkatachaliah, j., speaking for the supreme court, observed : 'the problem is .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-14-1991
Reported in : AIR1992Bom418; 1992(1)BomCR700; 1991(2)MhLj1366
..... to making the said undertakings viable;and whereas further investment of very large sums of money is necessary for reorganising and rehabilitating the said undertakings and thereby to protect the interests of the workmen employed therein and to augment the production and distribution at fair prices of different varieties of ..... can be deemed to have been terminated on the appointed day, it is necessary in every case for the central government to pass an order contemplated by section 11(1) of the act. similarly, sub-sec. (7) of s. 3 makes it more than clear that irrespective of the nature of the transaction entered into being in bad faith or being detrimental ..... central government or the custodian.'3. it is also necessary to refer to s. 6 of the said act and in particulars. 6(1)(b) appearingin chapter iii under the heading 'power to provide relief to the textile undertakings.' section 6(1)(b) reads as under :'sec. 6(1). the central government may, if satisfied, in relation to any of the textile undertakings or ..... of the affairs of the textile undertakings specified in the first schedule, their financial condition became wholly unsatisfactory even before the commencement in january 1982 of the textile strike in bombay and their financial condition has thereafter further deteriorated;and whereas certain public financial institutions have advanced large sums of money to the companies owning the said undertakings with a view .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-01-1991
Reported in : (1991)93BOMLR996; 1992(1)MhLj68
..... , 1956, and it is only in this region that a local amendment carried out by the said c.p. and berar act is in force. however, it is not necessary to set out the amendment since it is not of much ..... pradesh of which the vidarbha region of the state of maharashtra was a part till the states reorganisation act ..... argument of shri gilda, which is developed in the course of his rejoinder, was that even assuming that in view of the change in law the courts were not entitled to exercise powers under section 3 of the usurious loans act, 1918, yet if on examination of the material on record, it was found that the interest actually charged by the bank was not ..... the state list, even under the government of india act, 1935, there have been local amendments to this act, but so far as the bombay state and its successor state of maharashtra are concerned, there has been no amendment as such to this act except an amendment carried out by the c.p. and berar act (11 of 1934), which was in force in madhya .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-05-1991
Reported in : ILR1991KAR3648; 1992(1)KarLJ195
..... court in the case of m/s. sri raja lakshmi dyeing works case by observing that the revisional powers conferred under section 25 of the tamil nadu buildings (lease & rent control) act, 1960 may not be as narrow as the revisional powers of the high court under section 115 cpc but in the words of untwalia, j. in dattonpant gopalvarao's case 'it is not wide ..... commissioner's first sketch. it is situate on the south east of sy.no. 89 of karkala. commissioner has shown different portions of sy.no. 89 as 89/2a, 89/2b, 89/6a, 89/6b, 89/6c, 89/7a and 89/7b in that sketch. the southern strip of that property is shown as 89/1b and it is mentioned that these different portions are enclosed by stone wall erected ..... the district court that the tenant established or failed to establish his readiness and willingness to pay the standard rent does not affect the jurisdiction of the court conferred by law upon it and by wrongly deciding that a tenant is or is not entitled to protection, the court does not assume to itself jurisdiction which is not vested in it ..... ltd. v. d.c. patel, : 4scr185 in which the supreme court was dealing with the powers of the civil court under section 9 of the civil procedure code vis-a-vis the power of a small causes court under the bombay rents, hotel and lodging house rates control act, 1947. eventually, his lordship bopanna, j has held as under:'whenever a question of ouster of jurisdiction .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-04-1991
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; 2SCR105
..... by reason of the declaration in section 2 of the m.m.r.d. act and (b) as it impeded the powers and functions of the union under the coal mines nationalisation act, 1973 which had been enacted by parliament 'for acquisition of coal mines with a view to reorganising and restructuring such coal mines ..... the components of the impugned tax, namely, the component of 'circumstances' is referable to other entries in addition to entry 60, shall not be construed as conferring an unlimited charter on the local authorities to impose disproportionately excessive levies on the assessees who are subject to their jurisdiction. an excessive levy ..... confused with the measure of liability, that is to say, the quantum of the tax. there is a plenitude of case law supporting that principle, among the cases, being union of india v. bombay tyre international : 1983ecr653d(sc) . 10. but what is the position here?.... now, for determining the true nature of the ..... regulate the cess on coal in respect of which the pit's mouth value had been determined. so a notification dated 14.8.89 was issued to provide that the cess in respect of coal bearing lands would be 30% of the pit's mouth value of the said ..... rampur case [1961 2 s.c.r. 537] 6. as early as in 1960, this court had to consider the constitutional validity of the orissa mining areas development fund act, 1952 (orissa act xxvii of 1952). section 3 of the act empowered the state government to constitute mining areas whenever it appeared to the government that .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-11-1991
Reported in : 1992(1)BomCR485
..... initiated by petition in the nature of plaint. the respondent no. 1 -company contended that the expression 'suit' as used in section 21 of the limitation act, 1963, be construed widely. 3. the petitioners contended that the respondent no. 1-company had opposed the application for amendment inter alia on the ground of ..... supreme court allowing the amendment. the petitioner no. 2 is a co-operative society duly registered under the provisions of the maharashtra co-operative societies act, 1960. the petitioner no. 1 was registered as a co-operative society only in august 1984. the petitioner no. 2 has been functioning as a ..... the award. the award was challenged. pratt, j., dismissed the petition. the division bench of the high court of bombay allowed the appeal holding that there was an error of law on the face of the award, after referring to letters dated 11th and 25th november, 1918 which were referred to in ..... contract. accordingly, it shall not be proper for me to examine the contention of the petitioners on these aspects, as if i have appellate powers over the award no appeal lies against an award.39. the learned counsel for the petitioners has then submitted that in any event the impugned ..... the board of directors of the east india association limited has merely modified the original award by substituting higher figure of u.s. $ 10,89,833.13 in the original award. the learned counsel has submitted that the board of directors has adopted the entire reasoning of the original award .....Tag this Judgment!