Court : Karnataka
Decided on : Jan-29-2007
Reported in : 2007(3)KarLJ3612007(1)KCCR780; 2007(2)AIRKarR582(DB).
..... also on record that the land in question is abutting nh-4 poona-bangalore high way; that it is within the limits of hubli-dharwad municipal corporation; that the lay-out approved by the hubli-dharwad development authority and manju house building co-operative society layout are adjacent to the ..... therefore, both the lao and the reference court are rightly treated the land in question as such. even as per the decisions reported in air 1981 punjab & haryana 163 and 1982(2) k.l.j sn item no. 288, the land in question will have to be treated as urban land. ..... the fact that the land in question is included in the comprehensive development plan under the provisions of the karnataka town and country planning act of 1961 and the land is earmarked for residential purpose. all these relevant facts and legal evidence on record would clearly establish the fact ..... the market value at rs. 2,80,000/- per acre with other statutory benefits after conducting on enquiry under section 21 of the l.a act being dissatisfied with the same also, the appellants have filed this appeal seeking further enhancement of compensation urging various grounds contending that determination of market ..... in dharwad district. it is a remaining portion after the government taken over the excess portion under the repealed urban land (celling & regulations) act the said left-over land was acquired for karnataka housing board for construction of houses. preliminary notification was dated 20-3-1989 and final notification .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-23-2007
Reported in : AIR2007SC998; 2007(2)AWC1965(SC); [2007(2)JCR92(SC)]; JT2007(2)SC611; (2007)146PLR375; RLW2007(3)SC2026; 2007(2)SCALE301
..... interpretation of a statute that where literal meaning leads to anomaly and absurdity, it should be avoided. [see raghunath rai bareja and anr. v. punjab national bank and ors. : (2007)2scc230 it is equally well-settled that the parliament must be held to have intended to lay down a reasonable ..... court to extend the time fixed by the statute still the expression immediately is capable of taking within its sweep a situation where an act is impossible of performance on the day on which the auction is held as it happened in savithramma's case when the bank itself ..... laws of england, 4th edition, vol. 23, para 1618, p. 1178]18. in a given situation, the term 'immediately' may mean 'within reasonable time. where an act is to be done within reasonable time, it must be done immediately. [see gangavishan heeralal v. gopal digambar jain and ors. : air1980mp119 , keshava s. jamkhandi v. ..... applying the principles of interpretation, the courts are also required to keep in mind the following two well-settled principles of law:(i) actus curiae neminem gravabit (an act of court shall prejudice no man) [see satyabrata biswas and ors. v. kalyan kumar kisku and ors. : 1scr413 ram chandra singh v. savitri devi ..... statute unless a plain meaning of the act leads to different conclusion. it is trite that a statute must be read reasonably. see ashok lanka and anr. v. rishi dixit and ors. : .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : May-04-2007
Reported in : 2007(2)JKJ222
..... by the government. thus non-existence of the policy of renewal makes the judgment distinguishable and inapplicable. reference was also made to new delhi municipal committee v. state of punjab : air1995sc1 . the case involved a controversy relating to procedure for allotment of flats. it was held that mere drawal of lots does ..... what was in principle provided by the government orders of 1981 and 1985 has now been provided in much broarded way by the roshni act. roshni act has thus not destroyed the right of a leasee to get ownership rights but only extended it to unauthorized occupants and has provided a ..... ' and 'head of the family' in this section shall have the same meaning as are assigned to these in the jammu and kashmir agrarian reforms act, 1976.(3) the occupant shall, within such period as may be prescribed deposit the price as determined and notified, with the district collector concerned against ..... to extend the lease to operate foreign deep sea fishing vessels in terms of the maritime zone of india (regulation of fishing by foreign vessels) act 1981, emanating from change in the policy, whereas in the case on hand there is no denying that the policy envisaging conferment of proprietary ..... forged one. it is also stated that during the pendency of the matter the j&k; state land(vesting of ownership rights to the occupants) act, 2002(commonly known as roshni scheme') came into force in view of which the application of the respondents for conferment of proprietary rights had become .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-07-2007
..... india v. m/s anglo afgan agencies air 1968 sc 718; century spinning and . v. ulhas nagar municipal co. ; robutson v. minister of pensions (1949) 1 king's bench 227. see also motilal padampat sugar mills co. ltd. v. state of up ; state of punjab v. nestle india ltd. (2004) 136 stc 35; shri guru ashish wire industries v. state of gujarat ..... reasonableness under article 14. logically, therefore, the decision, in abl international ltd. (supra), still holds the field and there can be no manner of doubt that that when the state acts contrary to public good and public interest or unfairly and unjustly or unreasonably, even in the realm of its contractual obligations, the constitutional guarantee, given in article 14, would be ..... writ of mandamus has not been barred by the constitution bench in suganmal (supra), particularly, when a writ petitioner challenges the withholding of his dues by the state as an act of unfairness, unreasonableness, arbitrariness and contrary to the principles governing article 14. it is for this reason that the constitution bench, in suganmal (supra), has used the word 'normally,' ..... involved, the court, in kumari shrilekha vidyarthi (supra), pointed out that while private parties are concerned with their personal interest, the state, while exercising its powers and discharging its functions, acts indubitably for public good and in public interest, for, the impact of every state action is also on the public interest and this factor alone is sufficient to import, at .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-29-2007
..... ; century spinning and . v. ulhasnagar municipal council reported in : 3scr854 ; robertson v. minister of pensions reported in (1949) 1 king's bench 227. see also motilal padampat sugar ..... mills co. ltd. v. state of u.p. reported in : 118itr326(sc) ; state of punjab v. nestle india ltd. reported in (2004) 136 stc 35; shri guru ashish wire industries v. state of gujarat reported in (1994) 92 stc 286 ..... logically, therefore, the decision in abl international ltd. still holds the field and there can be no manner of doubt that when the state acts contrary to public good and public interest or unfairly and unjustly or unreasonably, even in the realm of its contractual obligations, the constitutional guarantee, ..... shrilekha vidyarthi pointed out that while private parties are concerned with their personal interest, the state, while exercising its powers and discharging its functions, acts indubitably for public good and in public interest, for, the impact of every state action is also on the public interest and this factor ..... carry out the obligations incurred by them, because the parties, seeking to bind the authorities, have altered their position to their disadvantage or have acted to their detriment on the strength of the representations made by those authorities. see union of india v. anglo afghan agencies air 1968 sc 718 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-07-2007
Reported in : 2007(5)ALD730
..... forward construction co. and ors. v. prabhat mandal (regd.), andheri and ors. : air1986sc391 , state of uttar pradesh v. nawab hussan : 3scr428 , srikakulam municipality v. m.v. ranganadham air 1970 a.p. 375, he contended that the finding of the trial court that the suit is not barred by res judicata in view ..... and ors. v. state of u.p. and ors. : 1scr574 , satyadhyan ghosal and ors. v. smt. deorajin debi and ors. : 3scr590 , the state of punjab v. bua das kaushal : (1971)illj31sc , union of india v. nanak singh : (1970)illj10sc , u.p. state road transport corporation v. state of u.p. and anr. ..... in the writ petition and as the provisions of the andhra pradesh agricultural lands (prohibition of alienation) ordinance, 1972 (ordinance), which later became act (the act) prohibit sale of any land as mentioned therein, the sale held in favour of the third defendant in any event is null and void.4 ..... 1967 shows that the main contention raised relates to the sale being void for not observing the provisions in section 47 of the hyderabad tenancy act. in that order it is clearly mentionedthe learned counsel for the petitioner (plaintiff) has not urged before us any other ground as vitiating the ..... state of hyderabad, where the supply of gulmoha flower khandies was to be made by him, stood transferred to mysore state under the states reorganization act and so it is the government of mysore only, but not the first defendant (state of andhra pradesh), that can claim the amount from .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-20-2007
Reported in : I(2008)BC244(SC); (2007)3CompLJ422(SC); 2007(4)CTC765; JT2007(9)SC449; 2007(9)SCALE371; 77SCL214(SC); 2007(2)LC690(SC)
..... such an offence would be vicariously liable therefore. such vicarious liability can be inferred so far as a company registered or incorporated under the companies act, 1956 is concerned only if the requisite statements, which are required to be averred in the complaint petition, are made so as to make ..... , this court opined:7. a bare perusal of the complaint petitions demonstrates that the statutory requirements contained in section 141 of the negotiable instruments act had not been complied with. it may be true that it is not necessary for the complainant to specifically reproduce the wordings of the section but ..... of the company by its directors itself is not an ingredient for the purpose of constituting an offence under section 138 of the negotiable instruments act. furthermore, a vicarious liability on the part of a person must be pleaded and proved. it cannot be a subject matter of mere inference ..... to an inference that the appellant was responsible for day-to-day affairs of the company. an offence envisaged under section 138 of the negotiable instruments act contains several ingredients as has been held by a three-judge bench of this court in s.m.s. pharmaceuticals ltd. v. neeta bhalla and ..... allegations made in the complaint petition as the same do not satisfy the requirement of the provisions of section 141 of the negotiable instruments act, the appellant filed a petition before the high court of judicature at andhra pradesh at hyderabad under section 482 of the cods of criminal .....Tag this Judgment!
Court : Delhi
Decided on : Aug-21-2007
Reported in : [2007(115)FLR450]; (2008)IILLJ477Del
..... national capital territory of delhi. reference was also made to the definition of the word 'local authority' under section 2(s) of the aforesaid act which included in its fold, the municipal corporation of delhi, new delhi municipal council, the delhi development authority, the delhi cantonment board, or any other succession body belonging to any of them and any other statutory authority performing ..... is to say, a statute relating to shops and establishments, both commercial and non-commercial. the punjab shops and commercial establishments act does not relate to all kinds of establishments. besides shops, it relates to commercial establishments alone. had the intention of parliament been, when enacting section 1(3)(b ..... 'any law for the time being in force in relation to shops and establishments in a state.' there can be no dispute that the payment of wages act is in force in the state of punjab.... had section 1(3)(b) intended to refer to a single enactment, surely the appellant would have been able to point to such a statute, that ..... said question was considered. reliance in this respect can be placed on the following judgments:(i) haryana financial corporation and anr. v. jagdamba oil mills and anr. : 1scr621 .(ii) punjab national bank v. r.l. vaid : 2004crilj4246 .(iii) state of gujarat and ors. v. akhil gujarat pravasi v.s. mahamandal and ors. : air2004sc3894 .(iv) u.p. state brassware corporation ltd .....Tag this Judgment!
Court : Delhi
Decided on : Mar-13-2007
Reported in : AIR2007Delhi214; 140(2007)DLT354
..... issue was that the transfer duty had also not been computed in the manner as indicated under section 147 of the delhi municipal corporation, 1952 (hereinafter referred to as dmc act). consequent upon the said order dated 29.08.2004, the impugned notices were issued in february, 2005 or thereabouts to all ..... collector or additional collector and within such time as if the same were an assessment by a revenue officer under the punjab land revenue act, 1887 (xvii of 1887) or any amending act, for the time being in force and the proceedings for or in relation to any such appeal shall be in ..... in sudharshan talkies (supra) was:whether transfer duty under section 147 of the delhi municipal corporation act which is recoverable as a surcharge is subject to the provisions of sections 33 and 40 of the indian stamp act in regard to impoundment and penalty.the full bench decided the question in the ..... the nature of increasing the stamp duty and consequently any default in the payment of this surcharge would attract all the provisions of the stamp act including impounding of documents and imposition of penalty' was unwarranted on a plain reading of section 147. thereforee, no penalty could be imposed in ..... the challenges that remain and survive in these petitions are with respect to the penalties that have been imposed both under the stamp act and under the dmc act with regard to the stamp duty and transfer duty, respectively, as also the challenge to the difference in the transfer duty that is .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-02-2007
Reported in : 2007(3)AWC2509
..... spapers pvt. ltd. to show cause by action should not be taken for demolition of the express buildings under sections 343 and 344 of the delhi municipal corporation act, 1957. it read was under:number 79/b/ua/cz/80xxiiidated 1.3.1980.you are hereby informed that on your property situated at bahadurshah ..... their rights unless they can point out any rule of law authorizing their action. in this connection reference may be made to bishan das v. state of punjab : 2scr69 herein it was laid down was under (para 14):the action of the government in taking law into their hands and dispossessing the ..... for n improper motive, say, to satisfy a private or personal grudge or for wreaking vengeance of a minister was in s. pratap singh v. state of punjab : (1966)illj458sc . a power is exercised maliciously if its repository is motivated by personal animosity to wards those who are directly affected by its exercise. ..... petitioner in its reply-dated 4.2.2006. respondent no. 7 in a similar manner has fully squandered rs. 25 crores which it had obtained from punjab national bank and a cbi inquiry has been registered against the directors of respondent no. 7 which is still pending. respondents no. 6 and 7 are ..... assets whereas in respect of all other fixed assets, the petitioner has second charge inasmuch as the first charge in respect of other assets is with the punjab national bank. in the hypothecation agreement it has been mentioned that the factory is situate at a-1, sector-59, noida, u.p. it has .....Tag this Judgment!