Court : Chennai
Decided on : Oct-30-2015
..... court in the case of pandia nadar vs. state of tamil nadu reported in (1974) 2 scc 539 and by virtue of the provisions of the encroachment act, the government is entitled to evict the encroachments from the government land. the learned additional advocate general produced copy of the government letter dated 07.09.2015, written by the secretary to government ..... of environment degradation. ultimately, the division bench directed the state government to identify all such water resources in different parts of the state and wherever illegal encroachments are found, initiate appropriate steps in accordance with the relevant provisions of law for restoring such natural water storage resource which has been classified, as such in the revenue records to its ..... public interest litigation, secondly a direction to the state government to identify all such natural water resources in different parts of the state and wherever illegal encroachments are found, initiate appropriate steps in accordance with the relevant provisions of law for restoring such natural water storage resources which have been classified as such in the revenue records to its ..... issued directions for all natural water resources in the different parts of the state of tamil nadu and wherever illegal encroachments are found to take steps for removal of the encroachments in accordance with the relevant provisions of law. the state government thought fit to enact the tank act and though the object of the enactment was couched on a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-10-2015
..... . article 243b. constitution of panchayats (1) there shall be constituted in every state, panchayats at the village, intermediate and district levels in accordance with the provisions of this part (2) notwithstanding anything in clause ( 1 ), panchayats at the intermediate level may not be constituted in a state having a population not exceeding twenty lakhs ..... statutory right or a constitutional right is no more res integra and stands concluded by the abovementioned judgments, in pucl and dmdk cases (supra).24. however, the learned attorney general brought to our notice certain observations in some of the judgments to the effect that rights to vote and contest elections are purely statutory. the context and the precedentiary value ..... made on the questions (i) whether the stipulations contained in the impugned amendment are in the nature of prescription of qualifications or disqualifications for contesting the elections under the act; (ii) if the impugned stipulations are in the nature of a prescription of qualifications whether the state legislature is competent to make such stipulations consistent with the scheme of the constitution ..... the absence of a constitutional restriction it is within the power of a legislature to enact a law for the recall of officers . its existence or validity can be decided on the provision of the act and not, as a matter of policy. . introduced part ix-a of the constitution dealing with municipalities w.e.f. 1.6.1993 . the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-17-2015
..... facilities to the chakmas. some chakmas had died on account of blockade. this court further noticed that chakmas could invoke section 5(1)(a) of the citizenship act by filing application in form prescribed by part ii of the citizenship rules, 1956. the observations in nhrc case (supra), inter alia, are as follows :- 18. from what we have said hereinbefore, there is no ..... against in any manner pending formal conferment of rights of citizenship. their status also stands duly acknowledged in the guidelines of the election commission of india.19. learned additional solicitor general fairly stated that the government of india will earnestly take appropriate measures in the matter, granted some more time.20. accordingly, we allow this petition and direct the government of ..... do so, it will fail to perform its constitutional as well as statutory obligations. those giving such threats would be liable to be dealt with in accordance with law. the state government must act impartially and carry out its legal obligations to safeguard the life, health and well-being of chakmas residing in the state without being inhibited by local politics. besides ..... to the central government, the dc is failing in his duty and is also preventing the central government from performing its duty under the act and the rules.20. we are a country governed by the rule of law. our constitution confers certain rights on every human being and certain other rights on citizens. every person is entitled to equality before the .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Aug-06-2015
..... the first respondent, there was a reference to the c.p. no.3/2005 and thus, the contents of c.p. no.3/2005 were part and parcel of the petition filed by the first respondent. it is submitted that c.p.no.3/2005 was withdrawn on 16/05/2012. thus, ..... appeal. i have recorded my findings against the same for reasons which follow: 1. whether an appeal under section 10f of the act would lie against an interim order? 2. whether the provisions of the code of civil procedure and in particular, proviso to rule 17 of order vi would be applicable ..... placed reliance on the following decisions : (i) mumbai international airport private limited vs. regency convention centre and hotels private limited, reported in (2010)7 scc 417. (ii) central bank of india ltd., vs. gokal chand, reported in (1967)1 scr 310. (iii) m/s. gharda chemicals limited and others vs. jer rutton ..... respondent dilip timblo (the original petitioner), under a family arrangement and settlement entered into by the family members on 18/11/1994, at (original respondent no.2) was appointed as the managing director, while pt (original respondent no.3) was appointed as joint managing director of the company. further, according to the ..... the foregoing provisions of this section, the company law board shall have power to regulate its own procedure" 30. the clb, in exercise of the powers under subsection 6 of section 10e of the act, has framed the regulations. the regulation no.46 reads as under : 46. general power to amend - a bench may, at .....Tag this Judgment!
Court : Delhi
Decided on : Mar-13-2015
..... was founded in sweden in 1876 and it is claimed that the plaintiff is one of the largest telecommunications companies in the world. the ericsson group is active ..... .1. the plaintiff has filed the present suit for permanent injunction restraining infringement of rights in eight patents registered in india alongwith damages/rendition of accounts and delivery up etc.2. alongwith the plaint the plaintiff has filed the interim application being i.a. no.6735/2014 under order xxxix rule 1 and ..... 2 read with section 151 cpc. by this order, i propose to decide the abovementioned application.3. the facts stated in the plaint the plaintiff, m/s telefonaktiebolaget lm ericsson is a company incorporated under the laws of sweden who is the mother company of the ericsson group, which .....Tag this Judgment!
Court : Delhi
Decided on : Apr-28-2015
..... been taken, shall be given to this court as well as to shri rakesh k. khanna, senior advocate of this court, who is hereby appointed for overall supervision of the general functioning of the school. mr. rakesh k. khanna shall be permitted to have access to the books of accounts of the school. accounts of the school shall be furnished by ..... background of circumstances which w.p.(c) 2009/2014 page 15 led to the institution of these proceedings. it was emphasized that each time the petitioner asserted illegality on the part of the state with respect to acquisition proceedings, the challenge met with no success. learned senior counsel argued that even though the status quo existed for the period 24.03 ..... ), 1747 (4-16), 1748 (416), 1749 (4-16), 1750 (4-16), 1751 (4-16), 1752 (4-16), 1753 (3-5), 1754 (62), 1755 (4-16), 1756/2 (3-4), 1757/2 (3-4), 1875 (4-16), 1876 (4-16) and 1877 (4-3) in village rangpuri alias malikpur kohi (vasant kunj) tehsil mehrauli. the award in respect of these lands (hereafter the suit ..... be entitled to compensation in accordance with the provisions of this act. 24. as noticed in pune municipal corporation, section 24 (1) overrides existing law and the old act. it provides that where compensation determination is pending, such determination would be under the new 2013 act. section 24(2) deals with a different aspect; it too begins with a non- w.p.(c) 2009/2014 .....Tag this Judgment!