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!
Court : Gujarat
Reported in : AIR1973Guj240; (1973)GLR438
..... ). baroda against the petitioner inter alia for possession of the suit premises, recovery of a sum of rs.747.03 possession. being arrears of rent and mesne profits with future interest and for a permanent injunction restraining the petitioner from transferring the possession of the suit premises to any other person. the case of the opponent as set out in the ..... the fundamental right of a tenant to hold property; the provisions of the said sub-section suffer from the vice of substantive and procedural unreasonableness and are not in public interest. iii. on a true and proper construction of sub-section (4) of section 11 the trial court had no jurisdiction to pass the impugned order. we shall proceed to examine ..... , and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of the act. for the protection of tenants, this sub-section enacts a rule of decision and imposes a prohibition against a landlord recovering possession of the premises demised to a tenant so long as the tenant satisfies, the conditions prescribed in ..... landlords who might exact exorbitant or unconscionable rents and evict them from the premises in their possession in these days of scarcity of housing accommodation. these twin objects run like a single thread through the entire fabric of the act. in order to achieve these objects, the act imposes certain restrictions on the right of landlords in the matter of charging rent and evicting .....Tag this Judgment!
Court : Mumbai
..... day when the plaintiff continues in possession of another premises is grossly exorbitant and grossly more than such %age. 28. in this case there is no loss seen, shown ..... that the claimant would suffer and would not require to prove it. it is the case of the respondents that the penalty is in terrorem, being exorbitant and requires payment of over rs.13 lacs to be made for the default of about 13 months whilst the claimant continued in possession of another premises ..... 26. even if that is so the judgment in the case of ongc (supra) as also maya devi (supra) would prohibit the court under the statutory provision of section 74 of the contract act itself to enforce liquidated damages which are in the nature of the penalty without evidence that it is a fair measure of ..... pre-estimate of the parties. 27. in the case of deepa bhargava and anr. vs. mahesh bhargava and ors. (2009) 2 scc 294 the predetermined interest payable by the ..... parties at the rate of 18% p.a. was held to be not in the nature of the penalty but a reasonable pre-estimate of the loss suffered by a party under section 74 of the indian contract act and was upheld. the charge of rs.3,500/- per .....Tag this Judgment!
Court : US Supreme Court
..... a whole, and bearing in mind the policy of the commodity clause to dissociate the railroad company from the transportation of the property in which it is interested, and that the sherman anti-trust act prohibits contracts in restraint of trade, page 238 u. s. 536 there would seem to be no doubt that this agreement violated both statutes. 10. the railroad company ..... by the government, it is said that some of the objections now insisted on were not pressed in the lower court, that there is no complaint that the railroad charged the coal company exorbitant prices, or that it ever raised the new york prices, or that it failed to make prompt deliveries, or that it has prevented the coal company from buying ..... , but that the contract tended to create a monopoly and unlawfully to hinder and restrain trade in coal, in violation of the provisions of the anti-trust act. in this connection it was also charged that the railroad company not only mined coal, but purchased the product of other mines located along its railway, and had acquired the output of other collieries ..... the same persons, and that, by virtue of the terms and provisions of the contract, the railroad had such an interest in the coal as to make it unlawful for it to transport such commodity in interstate commerce. it was further charged that the transportation of the coal sold to the coal company was not only a violation of the commodity clause .....Tag this Judgment!