Declaration Against Government in India: Key Rules

2023 0 Supreme(Mad) 3381

Managing Director, TNHB and only thereafter, Section 6 Declaration was published in the Tamil Nadu Government Gazette. ... This exercise culminates into making a declaration that the land is needed for a public purpose and the declaration is to be signed by a Secretary to the Government or some other officer duly authorised to certify its orders. ... for a public purpose, then a declaration#HL_E....

2022 0 Supreme(Kar) 1607

Government to mention the reasons for the declaration under S. 3(1) separately, and the reasons for bringing into effect the notification immediately, again separately. ... The record, that was made available by the Central Government, clearly shows that there is material in possession of the central government, which necessitated the declaration of the petitioner organisation as an unlawful association w....

Federal Court Putrajaya

This provision is about proceedings by and against the Government. ... Specifically, the defendants referred to O 73 r 5(1) of ROC that states as follows: An application against the Government shall not be made under O 14 r 1 or O 81 r 1 in any proceedings against the Government nor under O 14 r 5 in any proceedings by the Government. ... [47] While in respect of s 42 of the Government Proceedings Act 19....

2023 0 Supreme(Mad) 3363

, apply to the High Court to set aside such declaration. ... the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95 ... Application to High Court to set aside declarati....

Court of Appeal Putrajaya

For that reason, we do not discern any private law right in this case such as negligence or declaration as to the status of the appellant. It is substantively a public law matter, ie whether the Sabah Government has the power to ban the export of all timber including cultivated timber. ... The Chief Conservator of Forests is the 1st respondent whereas the State Government of Sabah is the 2nd respondent. ... that he is so entitled, and the p....

2024 Supreme(BD)(SC) 8379

On 18.02.2002 when local Tahshildar declined to collect rent from the plaintiff, expressing the recording of the suit property as government khash property, plaintiff filed this suit for declaration of title. ... The wrong recording of the suit property as Government khas property cast cloud over the plaintiff in the suit property and as such the cause of action has been arisen. Now the plaintiff prays for the declaration ....

The Government had even at that point of time refused to withdraw its claim for a refund. ... My pension has been stopped for two years and one month, and I had to come into Court for a declaration that they were not entitled to a refund in this matter. ... A party who has a concrete dispute with another may obtain in anticipation a declaration by Court that his opponent does not have a good cause of action against him. ... Part of h....

2024 Supreme(BD)(SC) 8527

It appears that the opposite parties to this rule instituted the original suit praying for declaration

2024 5 Supreme 239

On receipt of such a report together with the records of the case, the Government is to render a decision thereupon. It is now well settled in view of a catena of decisions that the declaration made under Section 6 of the Act need not contain any reason. (See Kalumiya Karimmiya v. ... As a consequence, a declaration along with summary of rehabilitaation and resettlement was published on 10th March, 2023 under Section 19 of Act of 2013. ... ....

2024 0 Supreme(Mad) 1746

The learned Additional Government Pleader appearing for the third respondent and learned counsel for the respondents 2, 4 and 5 are present. 4. Today, this matter is listed under the caption “for dismissal” there is no representation for the petitioner. ... This writ petition is filed seeking a Declaration to declare that the Section 47(4) of the Indian Stamp Act, 1899 is illegal, ultra-virus, unconstitutional void and unenforceable. 2. There is no represent....

2020 0 Supreme(SC) 88

After substitution by Act 10 of 1994, no declaration was to be made after expiry of one year from the date of publication of the draft Regional Plan, Development Plan or any other Plan or Scheme. It provided, inter alia, that the declaration was to be deemed to be a declaration under the Land Acquisition Act, 1894 and after the amendment, as it stands now, under Section 19 of the Right to Fair Compensation Act, 2013. Sub - Section (2) contemplates action on the part of the State Government on ....

2015 0 Supreme(Ker) 675

Once that entitlement of the awarder is conceded, nothing prevents Government from exempting a Government Company, from pre-qualification and that too when the Government is satisfied that the beneficiary, the third respondent, has the expertise to undertake the work and also the manpower and necessary equipments available at its disposal. P3, as such, cannot be said to suffer from any discrimination or arbitrariness as is sought to be made out by the appellants. P3 that the third respondent w....

2014 0 Supreme(Mad) 2151

Therefore, the learned senior counsel for the petitioners would contend that the notification under Section 4 (1) of the Act as well as the declaration made under Section 6 of the Act are liable to be set aside for non-service of notice to the petitioners. Subsequent to issuance of patta only, the notification under Section 4 (1) of the Act was issued and published on 17.10.2012. Consequentially, the declaration was made in the Government gazzette on 23.09.2013.

2014 0 Supreme(Bom) 992

The declaration made by the State is a conclusive evidence of the fact that the land is needed for public purpose. The declaration as to public purpose by the Government is final. The learned senior counsel relies on the judgment of the Apex Court in a case of Smt. Somawanti and others Vs. The State of Punjab and others reported in 1963 SC 151(1).

2012 0 Supreme(Mad) 1890

By the District Collectort, Kamarajar District, Virudhunagar and another, 2002 (2) T.L.N.J. 155 at page 157 wherein it is laid down as follows: "Section 83 clearly contemplates a declaration by the Government. "of the holders of lands under a particular source of irrigation". Mr.Gopalaratnam submitted that the declaration contemplated under Section 83 relates only to the last clause preceding, viz.