Court : Punjab and Haryana
..... :- 39. repeals and saving.- (1) the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (71 of 1951), and section 126 of the states reorganization act, 1956 (37 of 1956), are hereby repealed. (2) the ancient monuments preservation act, 1904 (7 of 1904), shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this act to be of national importance, except ..... notification issued in exercise of powers of the central government under section 20(1) of the 1904 act. the following ..... on the property under section 19 of the ancient monuments and archaeological sites and remains act, 1958 (hereinafter called, 'the 1958 act'). it is an admitted case that the site of ancient city at khokra kot, rohtak district has been declared as protected monument under section 3(i) of the ancient monuments preservation act, 1904 (hereinafter called, 'the 1904 act'). this notification has been confirmed in the punjab gazette dated 17.12.1904, by a .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1997AP6
..... andhra pradesh also filed counter-affidavit stating that the government have not notified the chinthamanu muttam as a protected ancient monument under the a. p. ancient and historical monuments and archaeological sites and remains act, 1960. the department comes into picture only any treasure or material of historical significance is brought to the light-since, no relief is claimed against respondent no. 2(in w.p. ..... arrangements may be made to meet the exigencies. furthers direction was also issued that the provisions of the indian treasure trove act and the rules framed thereunder and also the a.p. ancient and historical monuments and archaeological sites and remains act, j969 have to be invoked as and when it becomes necessary.12. the collector, who filed the counter affidavit on ..... to religious beliefs only but it extends to religious practices as well subject to restrictions which the constitution itself had laid down.'in sardar sarup sing v. state of punjab, (air 1959 sc 860 at p. 865) (cited supra), the supreme court held that:'the administration of the properly by a religious denomination has been placed ..... case law on this point. the commissioner, hindu religious endowments, madras v. sri lakshmindra thirtha swamiar of sri shirur. mutt, : 1scr1005 , sardar sarup singh v. state of punjab, air 1959 sc 860, sri venkata-ramana devarti v. state of mysore, : 1scr895 . 'in the commissioner, hindu religious endowments, madras v. sri lakshmindra thirtha swamiar of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1993P& H204
..... area around it as a controlled area. the ancient and historical monument contemplated under the act is not restricted to an ancient and historical monuments which have been declared as such under the ancient monuments and archaeological sites and remains act, 1958 (act xxiv of 1958) (hereinafter referred to as the '1958 act').7. the expression 'ancient' and 'historical monument' has not been defined under the act. in the 1958 act, however, 'ancient monument' has been defined in s.2(a). it ..... reads as follows:--'ancient monument' means any structure, erection or monument, or ..... and general mills, thanesar, district kurukshetra, seeking quashing of the notification dated 26th june, 1980 under s. 4( i xb) of the punjab scheduled roads and controlled areas restriction of unregulated development act, 1963 (hereinafter referred to as the 'act') and the complaint filed in pursuance thereof.2. briefly the facts giving rise to the present appeal are as follows:-1. there is .....Tag this Judgment!
Court : Chennai
..... government to remove any building constructed within the protected area in contravention of the act. rules have been made by the introduction of the ancient monuments and archeological sites and remains act, 1958 (24 of 1958) and thereafter. the parliament has recently introduced a bill in the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 proposing to insert sections 30-a to 30 ..... o r d e rlord curzon, architect of the pathbreaking ancient monuments preservation act, 1904, which is the forerunner to the ancient monuments and archeological sites and remains act, 1958 (24 of 1958), while speaking at the annual meeting of the asiatic society of bengal in the year 1900, has observed as follows: "the historic buildings, the magnificent temples, the inestimable works of art, are ..... , it would have been desecrated into a five star hotel and in no time "we, the people of india" would have lost our ancient historical heritage." 7.temples, culture and art:7.1.the ancient temples of india are repositories of indian culture. dances in various forms were conducted in the temples. music concerts both vocal and instrumental were ..... in other words, equality cannot be applied in illegality. [see post master general v. tutu das (dutta) [(2007) 5 scc 317] (scc p.324, para 18) and punjab seb v. gurmail singh[(2008) 7 scc 245] (scc p.254, para 28.]" 18.similarly, in a recent judgment the honouarable apex court in jaipur development authority v. mahesh .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC2766; JT1997(5)SC663; 1997(4)SCALE368; (1997)10SCC441; 3SCR421; 1997(2)LC362(SC)
..... to, and convenient inspection of an ancient monument.5. section 3 of the act declares that all ancient and historical monuments and archaeological sites and remains which have been declared by the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act 1951, or by section 126 of the states re-organisation act, 1956, to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance ..... . the furnishing of the house was originally done partly by messrs. maple & co. who sent out their assistant for the purpose; many of the simpler articles, however, were made by punjab carpenters whose work was excellent.10. lord lansdowne, during his term of office made improvements and the grounds surrounding the house were planted out with trees and shrubs. many improvement ..... of the bharat republic stayed therein as summer resort until dr. sarvepalli radhakrishnan, the second president had it handed over to the india institute of advanced studies in the year 1964. the president himself had inaugurated the institute when dr. jakir hussain, then as its chairman, and who later became the president of india, has chaired the meeting. it thus furnishes .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; Supp4SCR94
..... to protect any of the five monuments.109. according to the state of gujarat, the ancient monuments and archaeological sites and remains act, 1958 charged the central and/or state department of archaeology with responsibility for the protection of important cultural sites. under the act, sites were classified into three categories as follows:type 1: monuments of national importance which are protected by ..... submergence.* alternative fuels to the labourers.* micro-climatic changes.* arrangements made for treatment of catchment area including soil conservation afforestation.* steps taken for preserving archaeological and historical monuments.* proper land use*actions taken by government of maharashtra in pursuance of dewan committee report.*arrangements for monitoring for environmental impact for the project.*data related ..... nangal dam. this project not only allows the farmers to grow crops in deserts but also checks the spread of thar desert in adjoining areas of punjab and haryana.239. environmental and ecological consideration must, of course, be given due consideration but with proper channellisation of developmental activities ecology and environment can ..... envisaging the navagam dam frl 425 ft. and submitted the same to the central water and power commission under gujarat government's letter dated 14th february, 1964. madhya pradesh, however, did not ratify the bhopal agreement. in order to overcome the stalemate following the rejection of the bhopal agreement by madhya pradesh, .....Tag this Judgment!
Court : Delhi
Reported in : 2008CriLJ4107
..... , or(ii) which is kept or used bona fide for religious purpose; (b) any representation sculptured, engraved, painted or otherwise represented on or in- (i) any ancient monument within the meaning of the ancient monuments and archaeological sites and remains act, 1958(24 of 58), or(ii) any temple, or any car used for the conveyance of idols, or kept or used for any religious purpose.]] 30. section ..... observations made by markandey katju j. in himsa virodhak sangh v. mirzapur moti kuresh jamat and ors. : air2008sc1892 where laying stress on the importance of tolerance, the court gave the historical illustration of emperor akbar's tolerance during his reign. this case revolved around the resolutions taken by the state government and the ahmedabad municipal corporation for closure of the municipal ..... .9.1997 and the chief metropolitan magistrate took cognizance of the offence and issued process against the accused persons. thereafter, four separate criminal cases were also registered in district hoshiarpur, punjab. the court in this case applied section 186 crpc and held that the cmm, delhi would alone be competent to inquire into and try the offences in question. 129. in ..... should not be seen in isolation without going into its onomatopoetic meaning and it is here i quote mr. justice stewart of the us supreme court in jacobellis v. ohio (1964) 378 u.s. 184 who defined 'obscenity' as, 'i will know it when i see it'. the nude woman in the impugned painting is not shown in any peculiar kind .....Tag this Judgment!
Court : National Green Tribunal Principal Bench New Delhi
..... to be prohibited or restricted. (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country ..... stated that: ??the phrase is not capable of a static and precise definition. it cannot be imprisoned in the straight-jacket of a cast-iron formula. historically, ??natural justice ? has been used in a way ??which implies the existence of moral principles of self-evident and unarguable truth ? . in course ..... of natural justice. it is after all an approved rule of fair play. the concept has gained significance and shades with time. when the historic document was made at runnymede in 1215, the first statutory recognition of this principle found its way into the ??magna carta ? . the classic ..... bengal state electricity board v. dilip kumar ray, air 2007 sc 976). 26. passing an order for an unauthorized purpose constitutes malice in law. (vide punjab state electricity board ltd. v. zora singh and ors., (2005) 6 scc 776; and union of india through government of pondicherry and anr. v. ..... or that of legal malice. prejudice and theory of useless or empty formalities : - 47. the law as stated in ridge v. burbin 1964 ac 40 that breach of principle of natural justice was in itself treated as prejudice and that no other defect/prejudice need to be proved. .....Tag this Judgment!
Court : Supreme Court of India
..... ( lbz ) or civil appeals arising out of slp (c) nos. 23186-23213 of 2019 & ors. page 55 of 72 prohibited or regulated area declared by the archaeological survey of india under the ancient monuments and archaeological sites and remains act, 1958 (including the rules framed thereunder), and given that building bye-laws require certain setbacks to be left vacant, the unconstructed/vacant land is often not capable ..... estate planning, family settlements, synergies of business, court decrees, business exigencies etc. and they cannot be penalised on the basis of nature of ownership and that too for a historic and irreversible act done by them or their predecessors-in-it. (iii) the service provided by ndmc towards sewage, public health, streets, roads, drainage, parks etc. does not change and there is ..... . page 4 of 72 enclave covering an area of 1240 sq. miles was formed and new roads were constructed between the temporary capital near civil lines and raisina. the punjab improvement act was passed in the year 1922 and it became the town planning legislation. a large chunk of land was acquired by the imperial delhi committee and was transferred to the ..... of house tax, the ndmc made the ndmc house tax bye-laws, 1962 ( the 1962 bye-laws). these were published in the official gazette by a notification dated 24th april, 1964. there are only around 12,000 units which are subject to assessment for property tax in the ndmc area. 20% of these are residential units and rest are commercial units .....Tag this Judgment!
Court : Supreme Court of India
..... of general concern, or which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in any ancient monument within the meaning of the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958), or any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. 35 ..... it would be unrealistic to require that the answer be based on some abstract formulation. the adversary system, with lay jurors as the usual ultimate factfinders in criminal prosecutions, has historically permitted triers of fact to draw on the standards of their community, guided always by limiting instructions on the law. to require a state to structure obscenity proceedings around evidence ..... ]. francis watson, macmillan and co., 1969 . s.r. bakshi, gitanjali publishing house, 1985 . d.k. gosavi, bharatiya vidya bhavan, 1983 . o.p. goyal, kitab mahal pvt. ltd., 1964 . sandhya chaudhri, sterling publishers pvt. ltd., 1984 . james d hunt, promilla & co., 1978 . k.k. lal karna, classical publishing co., 1981 . louis fisher, granada, 1982 [ ..... indian sky gets up weaker than when he pretended to retire. for millions it is an eternal vigil or an eternal trance. 83. in bachan singh v. state of punjab., the court noted:- 22. mahatma gandhi also wrote to the same effect in his simple but inimitable style: destruction of individuals can never be a virtuous .....Tag this Judgment!