Court : Supreme Court of India
..... leaseholder takes the parcel space of the brakevans after going through the competitive bids and he also incurs expenses towards ancillary services provided to his customers. the leaseholder cannot charge exorbitant rates because there are alternative trains for the public in which in which parcel space is held by other lease holders as well as railway. the customers can move their ..... public. finally, the respondents contended that there was no express provision permitting them to give the wagon on lease, however, au contraire, neither was there any provision under the act which prohibited the respondents from doing so. the appellant while supporting the order of the learned single judge, placed reliance on section 70 and 71 of the ..... the state government are, unless shown to the contrary necessarily to be used to carry on governmental activity undertaken for the benefit of public or to subserve some public interest and which may as well include the efficient administration of the governmental agencies. section 27-a also confers power to direct any railway administration to give special facilities for ..... undue or unreasonable prejudice or disadvantage in the matter of transport of goods or passengers. railway being a state monopoly, to checkmate its monopolistic power in the larger public interest it has to be subjected to regulatory measures. simultaneously it became necessary to arm central government with power to direct railway administration to give preference in the matter of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC463; 2002(1)ALD(Cri)285; 2002(1)AWC380(SC); 2002(1)BomCR343; 2002(1)Crimes4(SC); [2002(94)FLR757]; [2002(1)JCR310(SC)]; JT2001(10)SC369; RLW2002(1)SC96; 2001(8)SCA
..... magistrate against the principal and six office bearers of the school alleging that they have committed the offence under section 7 of the maharashtra educational institutions (prohibition of capitation fee act, 1987, (for short 'the act'). the magistrate took cognizance of the offence and ordered process to be issued against all the seven accused who are arraigned in the complaint. those ..... commercialization of education, and pointed to the reason of collecting exorbitant amount in the name of capitation fees or even other fees. following passage in the said judgment is worth to be noticed in this context:'even so, some questions do arise - whether cost-based education only means running charges or can it take in capital outlay? who pays or ..... not be permitted. the parliament as well as state legislatures have expressed this intention in unmistakable terms. both in the light of out tradition and from the standpoint of interest of general public, commercialization is positively harmful; it is opposed to public policy. as we shall presently point out, this is one of the reasons for holding that ..... to any unaided educational institution established and administered by the minorities. if the legislature feels that the nefarious practice of misusing school administration for making huge profit by collecting exorbitant sums from parents by calling such sums either as fees or donations, should be curbed, the legislature would be within its powers to enact measures for that purpose. .....Tag this Judgment!
Court : Chennai
..... term liabilities and current liabilities. if the bank had to borrow heavily in call money market, it would have to pay exorbitant rate of interest ranging upto 72%. the total interest paid for the year was around rs.212 crores. in order to contain this expenditure, the bank approached the public sector ..... purchase security in its behalf at a prescribed price which was adequate to cover the market price of the security/brokerage/ incidental charges, apart from covering the extra interest payable to public sector undertakings. thus the assessee was asked to take demand drafts from out of the purchase money paid to ..... c. it was further alleged that a1 had dishonestly disposed of public funds by purchasing securities at market rate and selling them to indian bank at exorbitant rates, causing loss to indian bank. in considering the question as to whether there was any criminal conspiracy, shri.b.b.shetty, p.w ..... section 13(2) read with section 13(1)(c) and section 13(1)(d) of the prevention of corruption act, 1988 against a2, the assessee herein. 12. a reading of the charges made thus makes it clear that the allegations made on gopalakrishnan were that as a public servant, entrusted with dominion ..... at the rate 12.25% and 12.75% or so saving the banks prohibitive cost. rbi recognizing the need for allowing banks to complete in getting funds in giving flexibility to banks in the matter of interest rates payment for bulk deposits, brought in scheme of certificate of deposits wherein the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1975MP1; 1974MPLJ699
..... restrictions as per article 19(6) of the constitution to the extent of total prohibition in public interest. the third line of argument advanced in defence of such restrictions is that under the different excise acts enacted by the state legislature, dealing in intoxicants and drugs is the exclusive privilege ..... of sections 8 to 16, these rights become the exculsive privilege of the government and, therefore, a consideration as per section 27 of the act can be charged by the state government. i may say that i am in respectful agreement with the view of my learned brother, g. p. singh ..... is transfer of privilege, which exclusively belongs to the state government and if the state government by virtue of section 27 of the act is empowered to charge a sum in consideration of the grant of any lease (exclusive privilege or right), section 27 at least cannot be challenged on ..... fee commensurate with the services rendered as quid pro quo can be charged. therefore, it is urged that increase of the premium to rs. 5,000/- is exorbitant and unwarranted by the provisions of the madhya pradesh excise act, 1915. it is pointed out that the earlier cases of this ..... court relate to country liquor the property in which vested in the state government. but as regards foreign liquor, the property does not vest in the state government and what the state government can charge .....Tag this Judgment!
Court : US Supreme Court
..... sheriff for selling the land, and to the district clerk for making the court records. there is no pretense that any separate charge is exorbitant or unreasonable. and if the state is compelled to resort to such proceedings for the collection of its taxes, it may provide reasonable compensation ..... the fourteenth amendment, and the restrictions placed by that amendment upon state action apply to retrospective, as well as prospective, legislation. but it contains no prohibition of retrospective legislation as such, and therefore now, as before, the mere fact that a statute is retroactive in its operation does not make it ..... repugnant to the federal constitution. as the state may, in the first instance, enact that taxes shall bear interest from the time they become due, so, without conflicting page 184 u. s. 162 with any provision of the federal constitution, it may in ..... , to revive or continue any lien for taxes must depend upon some statute existing at the time of the sale, and that hence this act of the legislature providing for the collection of delinquent taxes by judicial proceedings was a violation of the constitutional guaranty of due process insofar as ..... 553, whereupon this writ of error was sued out. mr. justice brewer delivered the opinion of the court. in 1897 the legislature of texas passed an act for the collection by judicial proceedings of delinquent taxes upon real estate. texas, general laws 1897, c. 103, p. 132. the contention of the defendant .....Tag this Judgment!
Court : US Supreme Court
..... and (5), 6(1), (7), and 8. the act prohibits every excessive charge, whether exacted directly or obtained by indirection, and its provisions are designed to prevent evasion of the rule that every charge for transportation shall be just and reasonable. the collection by a common carrier of exorbitant charges is a tort ( smith v. chicago & northwestern ry ..... u. s. 179 . pp. 283 u. s. 659 , 283 u. s. 662 . 3. the collection by a common carrier of exorbitant charges is a tort, and the general rule as to liability of joint tortfeasors applies where two or more connecting carriers combine to impose excessive ..... rates, it was a tortfeasor, and that it should make reparation for the damage to complainant in the sum of $1,122.72, with interest. and, by its order, the commission authorized and directed defendant to pay complainant that sum. page 283 u. s. 659 defendant having refused to ..... found by the commission. defendant's answer admitted the transportation, the rate exacted, and the charges collected. it alleged that defendant maintained a rate applicable on cow peas in carloads from the international boundary at nogales to san francisco, but ..... reparation, plaintiff brought this action, and in its complaint alleged the transportation, the unreasonableness of the rate as found by the commission, showed the charges paid by it to defendant, made the commission's report and order a part of the complaint, and prayed judgment for the amount of damages .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1996KAR3669; 1996(7)KarLJ664
..... grants, the annual audit of accounts, inspection or enquiry in respect of educational institutions, their accounts, buildings, laboratories, libraries, workshops, equipments and also of examinations. prohibition of transfer of properties by aided educational institutions is incorporated in chapter xi, whereas, chapter xii deals with taking over of management, requisitioning and acquisition of educational ..... in st. xavier's college case (supra) is also of no help to the learned counsel for petitioners.25. section 48 of the act regulates the collection of fees or charges or donations or other payments. prescription of rate at which fees are to be collected has been regulated for a specific purpose and objective ..... 1986 which was modified in 1992. the relevant extracts from the policy necessary for determining the rival contentions in this case are reproduced hereinbelow:'in the interests of maintaining standards and for several other valid reasons, the commercialisation of technical and professional education will be curbed. an alternative system will be devised to ..... order to accomplish education a constitutional obligation, the state decided to pass the act called 'karnataka compulsory primary education act, 1961' which provided compulsory education upto 7th standard. the state noticed various irregularities being committed by some of the private managements by collecting exorbitant educational fees besides appointing teachers, more often, unqualified and terminating the services .....Tag this Judgment!
Court : Delhi
Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580
..... /device from the vehicle. 27. the competent authorities including sta's officers, enforcing agencies and police, particularly the traffic police, are directed to ensure lane driving, no overtaking in prohibited zones and to fix bars in the central lane so as to prevent the drivers driving in the middle lane to suddenly shift to the extreme right lane near the ..... the test/inspection by the competent authorities as well as are required to get clearance from the technical committees constituted in accordance with law. thus, use of black films is prohibited by law and what is impermissible to be achieved directly, cannot be achieved indirectly. the authorities and the traffic police are required to strictly enforce this condition. 9. besides ..... indicated that the compounding fee or the composition fee should normally be within the limits of the fine of the charging section. what is most significant in the dictum of the supreme court is 'the same cannot be declared to be either exorbitant or irrational or bereft of guidance'. what is more pertinent is that the rationale or reasonableness of the amount ..... notice of the legislature for its consideration and appropriate action. 49. under the provisions of motor vehicles act (section 206), the court taking cognizance of offences under that act have to dispose of the case as a summary disposal case. the offenders are normally interested in paying the compounding/composition fee to avoid the judicial process and for their own convenience. 50. .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(4)BomCR676
..... been collected by the management of a school by way of donations and the division bench held that the demand or collection of any amount either as interest free deposit, charges for advertisements or in any other name or at the time of admission of a child in the school without the approval of the authorities was illegal. the ..... apply to any unaided educational institution established and administered by the minorities. if the legislature feels that the nefarious practice of misusing school administration for making huge profit by collecting exorbitant sums from parents by calling such sums either as fees or donations, should be curbed, the legislature would be within its powers to enact measures for that purpose. similarly ..... . one of these conditions is that the fees to be charged shall be in accordance with instructions issued by the education department of the municipal corporation.3. the legislature in the state of maharashtra enacted the maharashtra educational institutions (prohibition of capitation fee) act, 1987. section 3(1) of the act inter alia provides that notwithstanding anything contained in any law for ..... a serious deficit, an unaided institution will either have to close down or to continue operations without adequate facilities for the pursuit of education. neither consequence would be in the interests of parents, the students or of society.17. undoubtedly, in a matter such as the present, adequate care has to be taken to ensure that managements do hot profiteer .....Tag this Judgment!
Court : Delhi
Reported in : 1997IVAD(Delhi)209; 1997(2)ARBLR247(Delhi); 67(1997)DLT892; 1997(42)DRJ361
..... clause 33 by giving 90 days prior notice in writing only to respondent no. 1 and the stipulation, in clause 25 as to the payment of interest at an exorbitant rate of 2-1/2% per mensem on the amount due, make the agreement in question invalid and void.we are unable to agree with the ..... contained in clause' 33 does not render the agreement in question invalid.as regards stipulation as to the payment of interest at the aforesaid rate, in our view even though it may appear to be exorbitant but that alone will not render the agreement in question invalid or void. objection as to the rate of ..... in the aforesaid lease agreement dated december, 9,1987.(3) appellant filed omp no. 60/90 under section 33 read with sections 30 & 31 of the arbitration act praying for declaration to the effect that the lease agreement dated december 9, 1987, is invalid, illegal, ineffective and void. on identical plea the appellant contested the ..... by the appellant, provide as under:-'25. if the lessee shall make any default in charges or any other sums due and payable by the lessee to the lesser under this agreement, the lessee shall pay to the lesser interest at the rate of 2-1/2% per mensem on the amount due for the ..... submission. it may be noticed that none of the clauses of the agreement in question prohibits or debars the appellant from terminating the agreement before the .....Tag this Judgment!