Court : Supreme Court of India
Decided on : Apr-19-2002
Reported in : AIR2002SC1913; JT2002(4)SC271; (2002)3PLR248; 2002(3)SCALE714; (2002)9SCC108; 3SCR226
..... of the statute applicable in the case. the fighting of land in controversy is alleged to be violative of the provisions of section 5a of the punjab common land (regulations) act, 1961 (hereinafter referred to as 'the act'), the transfer has been termed to be illegal and void-ab-initio. the respondent-state and the gram panchayat are also alleged to have violated rule ..... land, gifted to the respondent, was never intended to be utilised only for civil dispensary as being sought to be made out in the writ petition. apart from creating the infrastructure on the land gifted to it, the respondent trust is perennially engaged in organising programmes with a view to achieve its objectives mentioned in the deed of declaration. the temple ..... government accorded its approval for making the gift of the land to respondent no. 7 subject to certain conditions. during the pendency of the writ petition, the special secretary, development and panchayat development vide his do letter no. pa-2000/3272 dated 18.7.2000 requested the deputy commissioner, gurgaon to intimate as to whether conditions on which the land was allotted ..... sarpanch of panchayat, bhondsi, to take possession of the land within two months from the date of its constitution and submit its compliance report in this court by 30th july, 2002.iii) the committee appointed in terms of direction no. (ii) shall formulate a scheme for the utilisation of the aforesaid land when its possession is taken from the respondent no .....Tag this Judgment!
Court : Chennai
Decided on : Apr-10-2002
Reported in : 2003(4)CTC657
..... 11. an analysis of both the provisions of the pharmacy act and the aicte act would lead to a definite conclusion that while the pharmacy act is an act occupying the filed for regulating the profession of pharmacy, the aicte act is an act enacted with a view to proper planning and co-ordinated development of the technical education in relation to planned quantitative growth ..... for grant of approval and regulation 6 relates to conditions for grant of approval. 10. a combined reading of objects and reasons of the aicte act would undoubtedly reveal that the said act was enacted duly taking into note of the fact that most of the institutions have serious deficiencies in terms of rudimentary infrastructure necessary for imparting proper education ..... sahu jain services limited. after the enactment of banking companies (acquisition and transfer of undertakings) act 1970, the undertaking of punjab national bank limited was transferred and vested in punjab national bank, a body corporate constituted under the provisions of the said act and hence both m/s ashoka marketing limited and m/s sahu jain services limited became the ..... and training and also to vest statutory powers to regulate and maintain standards of technical education in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-19-2002
Reported in : JT2002(Suppl1)SC88
..... -storied buildings on the allotted plot. it is to be borne in mind that the power of resumption of the plot under section 8-a of the capital of punjab (development and regulation ) act, 1952 (punjab act no. 27 of 1952) is a discretionary and enabling power. it is not mandatory for the authority to order resumption in each and every case, but to consider the ..... in yielding income so as to finance the payment of instalment because of lack of timely completion of infrastructural facilities like approach roads and parking by the estate officer, chandigarh. hence, the appellant filed civil writ petition no. 4342 of 1993 before the punjab & haryana high court. 4. after hearing learned counsel for both the parties, the said petition was finally disposed .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-09-2002
Reported in : 2002(5)ALT674
..... rules, 1966 made thereunder for the purpose of the case.46. the mines and minerals (development & regulation) act, 1957 (act no.67 of 1957) has been enacted to provide for the development and regulation of mines and minerals under the control of the union. clause (c) of section 3 of the act defines 'mining lease' to mean a lease granted for the purpose of undertaking mining operations ..... lands of endowment department subject to conditions therein. accordingly, the corporation paid the total amount of rs.256.00 lakhs to the collector, prakasam district (rs.186.00 lakhs towards infrastructure facilities at new site and rs.70.00 lakhs towards land compensation. the animal husbandry department handed over the land of 268.68 acres to apmdc. thus, the corporation obtained ..... it transferred the surface rights to the petitioners. there is no order of the government reserving the area in question for exploitation by the apmdc. similarly, the decision of the punjab and haryana high court in state of haryana vs. shish pal singh20 has no application.91. in sudarshan & com., vs. state of m.p.21 (air 1963 mp 213) ..... according to the petitioners, such ownership rights have not been conferred on apdmc so far.5. the corporation thereafter issued tender notifications on 7.8.2000, 6.1.2002 and 12.1.2002 inviting tenders from persons having minimum qualifying criteria for prospecting and quarrying galaxy granite in certain parts of the aforesaid extent of land. petitioner is the successful bidder with .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-17-2002
Reported in : 2002(5)ALD252
..... long as both trial and error are bonafide and within limits of authority.38. in assn. of drugs and pharmaceuticals manufacturers v. a.p. health, medical, housing and infrastructure development corporation : 2002(2)ald609 , i considered the scope of judicial review of policy decision and observed :therefore, the law may be taken to be well-settled that ordinarily all policy decisions ..... in furtherance of directive principles of state policy.30. in joseph antony's case (supra) the supreme court while considering the validity of the notifications issued under kerala marine fishing regulation act, 1980 prohibiting fishing by mechanised vessels in territorial waters by use of gears like purse, seine, boats, ring seines, pelagic and mid-water trawls, upheld the notification as ..... of introduction of exotic aquatic species (fin and shell fishes, molasses, seaseeds, etc.) into the country; (ii) to regulate and monitor the introduction through icar research institutes or any other agency deemed suitable for the purpose; and (iii) to develop guidelines/code of ethics for future introduction, both from outside the country and also from one region to the other ..... the policy or appraisal based on facts set out in the affidavit. the court would dissuade itself from entering into this realm which belongs to its executive. (see state of punjab v. ram lubhaya bagga, : 1scr1120 ).41. in this connection a reference may also be made to vincent v. union of india, : 2scr468 , and shivarao v. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-02-2002
Reported in : (2003)134PLR280
..... the guise of road tax whereas the respondent maintain that it is levy of road tax on transport vehicles carrying passengers for the user of infrastructure such as road and is regulatory and compensatory in nature. the claim of the petitioners is based on the statement of objects and reasons and ..... s. khaira, appeared on behalf of the petitioners and challenged the levy of special road tax under the new provisions incorporated in the motor vehicles act by the punjab act no. 22 of 1993.10. the first ground of attack is that the special road tax imposed vide the impugned amendment is nothing but ..... steel co. ltd., jamshedpur, (1976)2 s.c.c. 123. he also relied on the judgment of the allahabad high court in the co-operative cane development union ltd v. the town area committee, pipraich distt. gorakhpur, 1982 all.l.j. 25. reliance was also placed on the judgment of the supreme ..... a fair contributive share of the cost of constructing and maintaining the public highways and facilities furnished and to defray the expenses of administering the police regulations enacted for the purpose of ensuring the public safety, the method used by the state for imposing tax does not seem to be of great ..... , the legislature had merely evolved a method and measure of compensation demanded by the state but the tax continues to be compensation and charge of regulation.18. the learned counsel for the respondents then contended that the formula of calculation of special road tax can not be said to be unreasonable .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-21-2002
Reported in : 2002(2)ALD609; 2002(3)ALT593
..... g.o.rt.no.672, health, medical and family welfare (ml) department, dated 20-5-1998, the government of andhra pradesh notified a.p. health, medical, housing and infrastructure development corporation ('the corporation' - first respondent), an enterprise of the government of andhra pradesh as nodal agency for undertaking centralised drugs procurement for purchase and distribution of drugs and pharmaceuticals required ..... therefore, not possible to accept the submission of the learned counselfor the petitioner. be it noted that the drugs act in pith and substance only regulates the imports, manufacture, distribution and sale of drugs and cosmetics and it does not regulate or control the power of the state to buy drugs and consumables of higher standards. in a competitive market, manufacturers ..... limited v. reserve bank of india, : 1991crilj1391 ,premium granites v. state of tamil nadu, : 1scr579 , m.p. oil extraction v. state of m.p., : (1997)7scc592 , state of punjab v. ram lubhaya bagga, : 1scr1120 , bhavesh d. parish v. union of india, : (2000)5scc471 , and narmada bachao andolan v. union of india, : air2000sc3751 , were referred to and it ..... they should possess who gmp certificate, pending disposal of the writ petition. after receiving the notice, the first respondent has filed an application being wvmp no.20 of 2002 on28-12-2001 praying this court to vacate the interim order dated 19-10-2001. at the request of the learned counsel appearing on behalf of the petitioner and .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-05-2002
Reported in : 2002(5)KarLJ161
..... with the mandatory and statutory duty, as provided under the above said provisions of the act then the termination order is a nullity in the eye of law as has been held by the supreme court in the case of punjab land development and reclamation corporation limited, chandigarh v. presiding officer, labour court, chandigarh and ors ..... the similar provision of rule similar to the above said rule has fell for consideration before the supreme court in the case of state of punjab, supra, wherein the supreme court has categorically held at paragraphs 8 and 9 that if the probation rules are silent regarding the confirmation of period ..... employee; the said finding is in conformity with rule 7 of the rules 1978 and the decision of the supreme court in the case of state of punjab v. dharam singh, : 3scr1 which has been reiterated by the supreme court in the case of karnataka state road transport corporation and anr. v ..... . rule 7 of the rules, 1978 has got application to this case in view of sub-section (3) of section 146 of the act, 1983. the act, 1983 came into force with effect from 20-1-1995. as on the date of the appointment order, the state government has framed the ..... discharging duties under all or any provisions of this act; or (ii) for such other purposes to carry out the object and purposes of this act, with regard to any area, class of institutions as the case may. the state government has already the existing infrastructure in its education department, and therefore, the existing .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-23-2002
Reported in : 2003(1)ALD336; 2003(2)ALT288
..... p., : 2001(6)ald285 , v. mohan rao v. implementation secretariat, : 2001(6)ald386 (db), and association of drugs and pharmaceuticals v. a.p.health, medical, housing and infrastructure development corpn., : 2002(2)ald609 .31. the following principles (be it noted these are not exhaustive) are well settled by reason of various decisions of apex court referred to above and other authorities ..... either declare or enforce such a nebulous right. [see harvinder singh v. union of india and assn. of drugs and pharmaceuticals v. a.p. health, medical, housing and infrastructure development corpn. (supra)] (vi) the court of judicial review cannot interfere with the government's absolute right to enter into contract with citizens unless such action is contrary to public ..... ). in the said case, a group of thirteen companies incorporated in britain collectively purchased shares of a company in india under a scheme framed under foreign exchange regulation act, 1973. the said act permitted investment by non-resident indians to a certain extent in indian companies and to a higher extent in case of companies belonging to non-resident indians. the ..... obtaining legal opinion, the matter was again considered by ctbec which submitted final report dated 25.2.2002 the ctbec concluded as under:the committee had earlier interposed a link between a statement in the project report submitted by gel to punjab national bank and the gelcon proposal. the project report and gelcon proposal are identical except that the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-17-2002
Reported in : [2003(4)JCR325(MP)]; 2003(1)MPHT226
..... in law' is avoided and ignored if it is rendered, 'in ignoratium of a statute or other binding authority'. (young v. bristol aeroplane co. ltd.)'22. the two judgments--(1) punjab land development and reclamation corporation ltd. v. presiding officer, labour court, chandigarh, and (2) state of u.p. v. synthetics and chemicals ltd., were cited in support of the argument. attention ..... to remind the union of india and state governments of their constitutional obligation to strengthen the judiciary quantitatively and qualitatively by providing requisite funds, manpower and infrastructure. we hope and trust that the government shall act.' raju, j., comprising the bench and concurring on question said in paragraph36 that- '36. the declaration of law made by the constitution bench of five learned ..... correctness of the decision in a.r. antulay case (supra) and the bench concurs with the principles laid down therein.' in nutan kumar v. 2nd additional district judge and ors. (2002 air scw4040), the apex court said in paragraph 7 that- '7. in the case of nanakram v. kundalrat, reported in (1986) 3 scc 83, the question was whether a lease ..... embarrassing position of having to choose between dissentient judgments of their own high court'.' thereafter the apex court in chandra prakash and ors. v. state of u.p. and anr. (2002 air scw 1573) considered some previous decisions of the court on the question and said in paragraphs 20 to 23 that-- '20. the principles of the doctrine of binding precedent .....Tag this Judgment!