Court : Supreme Court of India
Decided on : Sep-27-2011
..... [air 1939 federal court 58] that the term `legal right' used in section 204 means a right recognized by law and capable of being enforced by the power of a state. he submitted that under section 78 (1) of the punjab reorganisation act, 1966, there is no right of the plaintiff-state to the power generated in the bhakra-nangal and beas projects except what is agreed ..... units have only such rights as are conferred on them by the provisions of the constitution. as has been held by this court in babulal parate v. state of bombay and another (air 1960 sc 51) cited by mr. shyam diwan, learned counsel for the defendant no.2: none of the constituent units of the indian union was sovereign and independent in ..... beas originates in district kullu of himachal pradesh and the beas project is a multi-purpose scheme comprising two units: unit-i and unit-ii. unit-i was commenced in 1960's when himachal pradesh was a union territory and was being administered by the government of india and this project involved diversion of water from river beas at pandoh in ..... the constitution vested in the union of india and the union of india in exercise of its constitutional powers acquiesced in the construction of the dam at bhakra over river satluj. we have also held while answering to issue no.5 that in 1960-1961 when the himachal pradesh was a union territory, the states of punjab and rajasthan also decided to .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Sep-21-2011
..... territorial jurisdiction of nagpur bench and hence, cognizance needed to be taken by the senior judge ( also referred as administrative judge) at nagpur. rule 2a of the bombay high court appellate side rules, 1960 ( hereinafter referred to as "the appellate side rules" for short), then regulating the pil are relied upon. it is urged that said judge is aware normally of ..... that power. bar of action provided under section 180(2) of 1958 act is also pressed into service. learned counsel in this background, points out a statement on affidavit that it did not receive any notice of inquiry allegedly conducted by authorities. he further points out that 3 modifications in building plan changing it from house to hostel were allowed as per law. ( ..... of the 1958 act expressly stipulates that nothing in section 52 applies to buildings erected for industrial or commercial purpose. here. respondent no.5 has not erected building of college or hostels for residential purpose. when basic purpose or design is to introduce some discipline or possible elements of planning even in existing village, the legislation can not be construed in a manner ..... sacrificing the same for sites beyond village or new sites. it will be enabling a new congested village to come up at different place and defeat the very purpose of enacting section 52 or the extension rules. constructions to be sanctioned by gram panchayat .....Tag this Judgment!
Court : Mumbai
Decided on : May-05-2011
..... carpet area and by implementing the order passed by the assistant registrar co-operative societies h(west) ward, bombay of division of the society under section 18 of the maharashtra co-operative societies act 1960. the developer shall cause such reputed builders to execute an agreement with the association confirming the terms and conditions ..... of the property is not part of the business of the society and that it is contrary to the provisions of bye-law 3 and/or section 17 of the said act. this question however is left open for the parties to contend on the merits of the case at the final hearing of ..... pre-suit notice has been made, and further that the waiver can be expressly made as also impliedly. while dealing with the provision of law comprised under section 30 of the c.p.c., the apex court in dhian singh sobha singh and another v. union of india, reported in air ..... bifurcation or trifurcation of the society for the purpose of securing the proper management of the society. section 18(1) of the act reads as under:- "18. power to direct amalgamation, division and reorganisation to public interest, etc. (1) where the registrar is satisfied that it is essential in the public interest or in ..... being passed, the balance of convenience requires that the members be permitted to develop the property in accordance with the order and in accordance with law so that they can reap the benefits of their rights. to grant an injunction would be to deprive them the right of obtaining tenements for .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-20-2011
..... . narayan shamrao puranik, (1982) 2 scc 440 and (1982) 3 scc 519, section 51(3) of the bombay re-organization act, 1960 empowering chief justice of the high court to constitute more benches was interpreted to hold that there was no time limitation for the chief justice to invoke such a power and that "the act is a permanent piece of legislation on the statute book ..... . it appears convincing that if the parliament intended to confer power on the central government to `amend' a statue or if it could do so, there was no impediment for it to have made a specific provision to that effect. the parliament while making provision to adapt laws under section 89 of the 1966 act has authorized the appropriate government(s) to make such adaptations ..... be an amendment of the constitution for the purposes of article 368. the changes in the first and fourth schedule of the constitution brought in by a re-organization law may not be construed as an alteration in the constitution, hence article 4(2) removes the doubt and declares that such like consequential changes in the schedules shall not be treated as ..... and modifications of the law, whether by way of repeal or amendment, as may be necessary within a period of two years from the appointed day .....Tag this Judgment!
Court : Delhi
Decided on : Jan-28-2011
..... by either the petitioner or respondent no.3. the applications made by either party already stood disposed of by the government of m.p. in terms of section 79 of the reorganisation act, an adaptation of laws order, 2001 effective 1st november 2000 was notified. in terms of para 3 read with the schedule thereof, any notification, order etc. made by the government of ..... mention whatsoever of any proposed cancellation or rejection of the application. the notices of the hearings on 29th september and 24th october 2001 could by no stretch of imagination be construed as notices for cancellation or rejection of the petitioners pl application. in fact, as already noted, there was no such application pending at that point in time. further, the conduct ..... such application a quasi-judicial exercise and not merely an administrative exercise. this court finds support for the aforesaid conclusion from the decisions of the supreme court in province of bombay v. kushaldas advani air 1950 sc 222, indian national congress (i) v. institute of social workers (2002) 5 scc 685 and the recent decision in automotive tyre manufacturers association ..... the decision in chandi prasad v. jagdish prasad (2004) 8 scc 724. the power to review an administrative order was available to the respondent no.2 even under section 21 of the general clauses act 1897. reliance was placed on the decisions in shivji nathubhai v. union of india air 1960 sc 606, harinagar sugar mills limited v. shyam sunder jhunjhunwala air 1961 sc .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-12-2011
..... asking the officers from doing any production work. therefore, both clause 7 and clause 12 of the said settlement must be reasonably and harmoniously construed to make it workable with the evolving work culture of the appellant-company in facing the new challenge in the emerging economic order which has ..... of his submission relied on a decision of this court in the case of arkal govind raj rao v. ciba geigy of india ltd., bombay reported in 1985 (3) scc 371. in that case the question which was considered by this court was where an employee was performing multifarious ..... single judge. 26. mr. k.k. venugopal, learned senior counsel appearing on behalf of the respondent-union urged that in exercise of its powers under article 136 this court normally does not interfere with concurrent finding and, therefore, should not interfere with the concurrent finding in the instant case ..... the workers union is not consistent with the nature of the complaint filed before the labour court. 30. the admitted facts are, there are 89 vacancies in the category of officers and 154 workers have applied. therefore, everybody who has applied cannot be promoted, only a certain percentage of ..... the maharashtra act referred to hereinabove. but in so far as the industrial disputes act, central law, is concerned, unfair labour practice was codified and brought into force by the amending act, 46 of 1982 with effect from 21st august 1984. 21. clause (ra) of section 2 of industrial disputes act defines unfair labour .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-21-2011
..... that the strength of employees employed therein is below fifty. (j) violation of section 66 of the bombay shops & establishments act, 1948 : 113. section 66 of the bombay shops & establishments act states that no employer shall dispense with the services of an employee, who ..... of a factory may be extended not only beyond the town, but also beyond the state. it is possible to construe that a unit or an undertaking established, but located at a longer distance, can also be termed as "one ..... 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 binding; or (v ..... fifteen days so as to enable the complainant-union to adopt further remedies as are available to it in law. shri v.r. thakur, the learned counsel for the petitioners, submits that the interim arrangement was made by ..... 52. in management of pratap press, new delhi v. secretary, delhi press workers' union delhi and its workmen, reported in air 1960 sc 1213, the apex court was considering the question whether three different unions of press, viz. (i) the press, (ii) ..... and the sales areas, like akola, amravati, nagpur, raipur, nasik, jalgaon, indore and bhopal were attached to bombay region. 89. it was further agreed under the settlement at exhibit 58 that for better accounting control, management information and effective .....Tag this Judgment!
Court : Authority for Advance Rulings
Decided on : May-02-2011
..... sc), it is argued that the expression ??full value of consideration appearing in section 48 of the act can not be construed as having reference to the market value of the asset transferred. 7. the relevant provisions of the act are extracted below: section 45. capital gains (1) any profits or gains arising from the transfer ..... of being valued in definite terms or it remains unascertainable on the date of occurrence of taxable event, the question of applying section 45 read with section 48 of the act would not arise. as gil is a company in which public is substantially interested and its shares are listed on bse, ..... may take it that the income may be in cash or in kind and need not necessarily be pecuniary in nature. as stated in the law and practice of income-tax (by kanga, palkhivala and vyas) income, profits and gains may be realized in the form of moneys worth as ..... the asset and the cost of any improvement thereto. 8. it is settled law that section 45 must be read with section 48 and if the computation provision cannot be given effect to for any reason, the charge under section 45 fails. the honble supreme court has explained the interplay and relative scope of ..... goodyear orient company (private) limited, singapore (gocpl), a company incorporated under the laws of the republic of singapore. the goodyear india limited (gil) is a public company incorporated under the companies act, 1956, and listed on the bombay stock exchange. gtrc is the promoter of gil and presently holds 17,069,215 .....Tag this Judgment!
Court : Gujarat
Decided on : May-04-2011
..... managed by whole time chairman under section 10b of the said act. the reserve bank of india has the power to appoint chairman of the board of directors appointed on a whole-time basis or a managing director under section 10bb. the provisions of sections 10a and 10b override all other laws, contracts, etc. as per section 10d of the said act.it is true that the said ..... preamble to the said act and that the said act was repealed and the gujarat co-operative societies act was amended.13. under the 2^nd proviso to section 76, as was inserted by ..... section 18 of the amending act, 2008, qualifications for appointment of the chief executive officer and ..... level. the proviso to section 22 enables the nabard to make loans and advances to the central co-operative bank for a specified period in case of calamities. it was submitted that the scheme of the act, therefore, recognizes the district co-operative bank to function within the district.he further submitted that the provisions of the bombay co-operative act, 1925 and the .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-14-2011
..... to retain such status." "c alternatively and assuming that the 2000 amendment is construed as a "repeal" of section 43a under section 6 of the general clauses act such repeal would not disturb gcl's status." "2. the questions of law that arise and which are enumerated herein above are not exhaustive. in the ..... such body or bodies corporate, or (b) where the aforesaid percentage has been first so held before the commencement of the companies (amendment) act, 1960 on and from the expiry of the period of three months from the date of such commencement unless within that period the aforesaid percentage is ..... 2005 the petitioners through counsel informed the court that they were not interested in prosecuting the said earlier petition. the hon'ble high court, bombay vide its order dated 8th september 2005 was pleased to pass an order permitting the petitioners to unconditionally withdraw from the proceedings by permitting their ..... eight items stated in the notice dated 16th january 1990 can be said to be oppression against minority shareholders. the necessity to increase borrowing powers was in the context of expansion plans in relation to which ample explanation has been offered by the respondent company. insofar as changing of ..... 1988 and 31st march 1992, the wealth tax payable by appellant no.2 alone for his shareholding in the 1st respondent aggregated to rs. 13,89,376/-. however, the dividend received by appellant no.2 in respect of the said shareholding was only rs.4,34,000/- for the same .....Tag this Judgment!