Court : Supreme Court of India
Decided on : Jan-11-1988
Reported in : AIR1989SC682; JT1989(1)SC58; 1989(1)SCALE50; (1989)1SCC591; 1SCR92; 1989(1)LC327(SC)
..... 1985]3scr995 . there, the facts were, however, slightly different. in that case the hindi sahitya sammelan, prayag had obtained a large open land from municipal board in 1953 for constructing hindi sangrahalaya, but the land was lying vacant and unutilised. in the vicinity of the samruelan's campus was the land ..... another notification under section 6 of the act dated august 19, 1961 was published to the effect that the governor of punjab was satisfied that the land was required by the government at public expenses for public purpose. the ..... this court held that the publication of the notice in the locality as required in the second part of section 4(1) of the act was mandatory and unless that notice was given in accordance with the provisions contained therein, the entire acquisition proceedings would be vitiated. the court ..... could not be any reason or justification for not allowing publication simultaneously of the notification under section 4 and declaration under section 6 of the act especially so where in urgent cases it was vitally necessary for the government to do so, it was submitted that where under sub-section ..... of a : factory for manufacturing various ranges of refrigeration compressors and ancillary equipments. the government had directed that action under section 17 of the act shall betaken because there was urgency and that the provisions of section 5-a shall not apply to the acquisition. in the same gazette, .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-08-1988
Reported in : AIR1989Bom9; 1988(4)BomCR282
..... the main contention of the claimants was that the land which was acquired , had non-agricultural potential, highlighted by it being situated within the municipal limits of gondia, adjacent to gondia-balaghat high way and its vicinity to the residential locality. the site was of much importance for commercial as ..... could not be the proper basis for ascertaining the market value or the acquired land . relying upon the observations in padma uppal and ors. v. state of punjab and ors. : 1scr329 . prithvi raj v. state of madhya pradesh, : 2scr633 and kausalya devi v. land acquisition officer, aurangabad, : ..... the situation where possession has been taken by the acquiring authority even before the issue of notification under s. 4 of the land acquisition act , and having regard to the express language of the provision in the event of losing the possession before the notification the claimants would be ..... of s. 23(1a) as sufficient relief is available to the claimants in that event. this overlook the reasons that led to the amending act viz. the pendency of the acquisition proceedings for long periods often causing hardships to the affected parties and rendering unrealistic the scale of compensation offered ..... renders unrealistic the scale of compensation offered to them.we are aware that in the urgency clauses of s. 17 of the land acquisition act . the appropriate government or the commissioner is empowered, though no such award has been made to take possession of any land needed for .....Tag this Judgment!
Court : Orissa
Decided on : Sep-13-1988
Reported in : AIR1990Ori13
..... of large tracts of land as in this case. they are situated either in revenue village goilundi or the adjacent revenue village ankoli which is within berhampur municipality. some of the lands acquired under the award were by the side of the national highway. in this ease, however, the acquired land is about ..... determining the compensation for large tract of property.'similar is the principle in the decisions reported in air 1977 sc 580 (smt. padma uppal v. state of punjab) and air 1977 sc 1560 (prithvi raj taneja (dead) by lrs. v. state of madhya pradesh).6. evidence of p.ws. 10 to 13 and ..... ganjam) was referred to. in that case, a. 1.18 decimals of land in village ankoli were acquired as per notification under section 4(1) of the act dt. 10-10-1974.this court determined the compensation at rs. 1,20,000/- per acre. thus, it is seen that between 1968 and 1974 compulsory ..... objected to the measurement of the area acquired as well as demanded compensation at higher rate of market value, for which reference under section 18 of the act was made to the court. trial court held the area acquired to be 2 acres 0 1/2 decimals and determined the market value at rs. ..... objection.2. notification under sections 4(1) and 17(4) of the act were published on 12-4-1972 for compulsory acquisition of 20 acres 0 1/2 decimals of homestead land of the respondents in revenue village goilundi within berhampur municipality for construction of office building and staff quarters for the deputy director of agriculture .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-29-1988
Reported in : AIR1988Guj233; (1988)2GLR1192
..... following observations of lord goddard, c. j. in mediteranean & eastern export co. ltd. v. fortress fabrics ltd. (1948) 2 all er 186 cited with approval by the supreme court in municipal corporation of delhi v. jagan math ashok kumar : 1scr180 'the modern tendency is, in my opinion, more especially in commercial arbitration, to endeavour to uphold awards of the skilled ..... technical plea that the claim for future interest was not made by the party entitled thereto in so many words.57. apart from the aforesaid full bench decision of the punjab and haryana high court, there is authority provided by gopalkrishna pillai v. meenakashi ayal : air1967sc155 and lala gobind ram kapoor v. prem parkash kapoor for the proposition that future ..... . the determination made by the arbitrator was, therefore, held to be perverse and the perversity was held amounting to misconduct within the meaning of s. 30 of the arbitration act enabling the court to interfere with the award. it was in these facts and circumstances that the orissa high court reached a clear conclusion that the award was vitiated by ..... arbitrator to arbitrate upon all disputes and claims and counter claim arising from the above works.claimants: m/s. unique erectors (gujarat) pvt. ltd. a company registered under the companies act, 1956 having their registered office at 2nd floor, natraj chambers, ashram road, ahmedabad.versus gujarat water supply & sewerage board having their registered office at block ghsector-16 near shalimar .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-17-1988
Reported in : ILR1989KAR1616
..... of 1987 and proceed with the same in accordance with law. the view taken as above finds support from decisions of other high courts notably calcutta and punjab high courts (see a.i.r. 1943 calcutta, 450 mohini mohan and ors. v. kunjabehari das and ors and ) arya printinidhi sabha v. ..... court of the subordinate judge. judicial subordination is not sufficient to make it 'court subordinate' occurring in section 41(b) of the specific relief act.15. the view of the orissa high court stands affirmed by the decision of the supreme court in the case of cotton corporation of india limited ..... as a court of original jurisdiction.4. the thrust of the argument is that the district court not being conferred with original jurisdiction under the act and having regard to section 15 of the c.p.c. question of instituting suit for declaration and injunction relating to immovable property can ..... courts during the vacation. in the said decision, the learned judge, reiterated that in terms of sections 52 and 57 of the states reorganisation act, the new high court could exercise the jurisdiction which was being exercised by the old mysore high court and there being no notification conferring ordinary ..... binding on them. the plaintiffs also filed an application for interim injunction to restrain execution of the said decree obtained under the karnataka rent control act. the learned civil judge granted the temporary injunction, that was questioned in appeal m.a.no. 10/1983 before the district judge by the .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-14-1988
Reported in : AIR1988All177
..... constructions were legally made and under sanctioned plan. an argument was advanced that the disputed land over which the petitioners constructions existed was not within the municipal area, therefore, it needed no sanctioning, of any plan. however, the questions raised by the petitioners in this regard are disputed questions of ..... not under a development plan.27. our attention during the course of arguments was drawn to the ruling reported in air 1980 sc 319, state of punjab v. gurdiyal singh as well as the ruling reported in air 1981 sc 818, swadeshi cotton mills v. union of india. in the former ..... the above-noted writ petitions. in view of the amendments effected in the provisions of sections 4, 6(2) and 17(4) of the act by act no. 68 of 1984, we think that the division bench ruling of this court (mentioned supra) would govern the facts and circumstances under our ..... the schemes of development of residential areas do not appear to demand such emergent action as to eliminate summary enquiries under section 5a of the act.'25. in the cases under our consideration we have already indicated above that the acquisition was for providing housing accommodation to the residents of meerut ..... 4th contentions on behalf of the petitioners have no merits. the petitioners cannot succeed in challenging the notifications under sections 4 and 6 of the act on the aforesaid grounds.21. as regards the third contention it is sufficient to observe that the acquisition of the petitioners' plots is for the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-29-1988
Reported in : AIR1988SC1060; JT1988(1)SC664; 1988(1)SCALE615; (1988)2SCC513; 3SCR384
..... in moti ram v. suraj bhan and ors. : 2scr896 this court was required to construe section 13(3)(a)(iii) of the east punjab urban rent restriction act, 1949 which at the relevant time provided that a landlord might apply to the controller for directing a tenant to put the landlord in possession of ..... , i.e., neta ram v. jiwan lal  2 supp. s.c.r. 623 which arose under the provisions of the patiala and east punjab states union urban rent restriction ordinance, one of the grounds on which the landlord sought the eviction of the tenants in occupation of the premises involved in that ..... accordingly overrule them. we hold that a landlord seeking eviction of a tenant from a non-residential premises under section 10(3)(a)(iii) of the act in order to succeed in his petition should establish that he bona fide requires the premises in addition to proving the other ingredients referred to therein. ..... fide required the premises for re-building. on appeal by special leave to this court, this court observed that the very purpose of the rent restriction act would be defeated if the landlords were to come forward and to get tenants turned out, on the bare plea that they wanted to reconstruct the ..... the control of rents of such buildings and the prevention of unreasonable eviction of tenants therefrom in the state of tamil nadu. section 10 of the act provides that a tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of section 10 or .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-12-1988
Reported in : AIR1988SC782; 65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; 2SCR962; 1988(2)LC54(SC)
..... wages arid for payment of electricity dues of the kanpur undertaking (d) the shares held in smmc were pledged for raising monies and loans of rs. 150 lakhs from the punjab national bank for running the kanpur undertaking. these loans fall in category ii of part i of the schedule which liabilities have been taken over by the government (e) the ..... 's case (supra) as well as the statement of the minister in december, 1985 that there were legal difficulties, were in respect of taking over, under the 1951 idr act. the idr act was - (a) concerned with the management of scheduled industries in, inter alia, running of factories, where there was no deeming provision in such wide terms; (b) it was ..... polytex limited and swadeshi mining and manufacturing company limited were two distinct undertakings different from the six textile undertakings belonging to swadeshi cotton mills company limited. section 3 of the act, therefore, according to him, could not be so construed as to enable the government to indirectly acquire altogether different undertakings belonging to a different company.(2) swadeshi mining and ..... assets which formed part of the textile undertakings could vest in the central government, it was submitted by shri nariman. it was for this reason that section 25 of the act, while dealing with penalties, used the expression 'assets forming part of' the textile undertakings.17. shri nariman further submitted that swadeshi polytex limited and swadeshi mining and manufacturing company .....Tag this Judgment!
Court : Kerala
Decided on : Aug-02-1988
Reported in : AIR1989Ker256
..... defeat the object sought to be achieved by the ordinance. these provisions do indicate a contrary intention within the meaning of section 6 of the general clauses act and if that be so, no right of the real owner recognised under section 82, in my view, has been preserved. the question therefore is ..... standing in a fiduciary capacity whereas after the coming into force of the ordinance no person can claim the benefit or section 82 of the indian trusts act. to put i differently section 82 stands repealed by implication by section 2 of the ordinance. section 4(1) of the ordinance repealing section 82, ..... this connection be remembered that it is well established principle that though a benami transaction is treated as one recognised under section 82 of the trusts act the benamidar cannot be treated as a trustee or a person standing in a fiduciary capacity because the property does not vest in him but vests ..... dilating on this aspect the learned counsel argues that the transaction which was considered in the suit was one coming under section 82 of the trusts act and therefore the petitioner who holds the property on behalf of the respondent must be treated as a trustee or one standing in a fiduciary capacity ..... such a right'. that this meaning has been accepted by courts in india is clear from the decision of the punjab high court in bharat bank v. general insurance co. ltd., air 1951 punjab 97. another shade of meaning that should be noticed is this : 'the legal and formal demand of one's .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-25-1988
Reported in : 1988(17)ECC134; 1992(61)ELT574(Kar); ILR1988KAR2276
..... production of sugar in kilograms and ounces however adverse the seasonal conditions are. with great respect, the decision of the andhra pradesh high court and those of orissa, madras and punjab high courts which adopted the ruling of the andhra pradesh high court without examining the scope of the proviso on the plain terms of the main notification and without ascertaining ..... of the distribution of capital assets on dissolution of a firm or other association of persons or liquidation of a company were mentioned in the third proviso under the earlier act, as a matter of clarification to allay fears even though the language of sub-section (1) of s. 12b was not intended to apply to such cases. provisos, as mentioned ..... exempts sugar, described in column (2) of the table below and falling under sub-item (i) of item no. 1 of the first schedule to the central excises and salt act, 1944 (1 of 1944), from so much of the duty of excise leviable thereon as is specified in the corresponding entry in column (3) of the said table. table------------------------------------------------------------------------sl .....Tag this Judgment!