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Binu Vs. State of Kerala

Court : Kerala

Subject : Constitution

Acts : Kerala Essential Services Maintenance Act, 1994 - Sections 6; ;Constitution of India - Articles 13, 21, 22, 22(1) and 254; Terrorist And Disruptive Activities (Prevention) Act, 1987; Narcotic Drugs and Psychotropic Substances Act; Abkari Act

Reported in : 2002CriLJ4374

under Section 226 of the Constitution of India challenge the Constitutional validity of Section 6 of the Kerala Essential Services Maintenance Act, 1994 (hereinafter referred to as 'KESMA'). The petitions have been brought by different organisations representing Government servants and individual … B.N. Srikrishna, C.J. 1.These Writ Petitions under Section 226 of the Constitution of India challenge the Constitutional validity of Section 6 of

Flemingo Duty-free Shop Pvt. Ltd. and Mr. Vivek S. Bhatt Vs. Union of ...

Court : Mumbai

Subject : Civil

Acts : Companies Act, 1956; Airports Authority of India Act, 1994 - Sections 2, 3, 11, 12, 12A, 12A(1), 22, 22A, 24, 25, 25(2), 28A to 28R and 37; Airports Authority of India (Amendment) Act, 2003; Public Premises (Eviction) Act; Aircraft Act, 1934 - Sections 5(2); Aircraft Rules, 1937; Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 2; Bombay Rents, Hotel and Lodging Houses Rates (Control) Act, 1947; Essential Services Maintenance Act, 1981 - Sections 2; Constitution of India - Articles 12, 13, 13(2), 14, 16, 136 and 226

Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730

of public importance - they are vital to the tourist trade of the country. Section 2(i)(iii) of the Essential Services Maintenance Act, of 1981 makes it clear that any service connected with the operation or maintenance of aerodrome is an … Respondent No. 2 is Airports Authority of India constituted under Section 3 of the Airports Authority of India Act, 1994. According to the Petitioners, the Respondent No. 2 is owned and controlled by the Respondent No. 1. The

Dinesh Pouches Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Sales Tax/VAT

Reported in : (2008)16VST387(Raj)

or by the State Government, it remains for the purpose of local area. If that is not the essential condition, there would remain hardly any distinction about the terminal tax authorised to be levied under entry 58 … such levy is in approximate proportion to cost incurred in providing such services or in implementing regulatory measures, benefit from which is a quantifiable measure, … [1959] 102 CLR 280 the relevant statute in question was the Road Maintenance (Contribution) Act, 1958, which imposed upon the owners of commercial goods vehicles … Act to mean 'an area within the limits of a Municipal Corporation established under the Haryana Municipal Corporation Act, 1994, or a municipality established under the Haryana Municipal Act, 1973, or a Town Board or a Cantonment Board … the phrase 'local area' has been defined in Section 2(14) of that Act to mean 'an area … on Entry of Goods into Local Areas Act, 1999 was extended. The petitioner is aggrieved with the

B. Krishna Bhat Vs. State of Karnataka and ors.

Court : Karnataka

Subject : Service

Acts : Karnataka Essential Services Maintenance Act, 1994; Karnataka State Civil Services (Prevention of Strikes) Act, 1966; Karnataka Civil Services Rules, 1958 - Rule 106A, 106B, 106B(1) and 106B(2); Karnataka Civil Services (Conduct) Rules, 1966 - Rules 3 and 8

Reported in : 2009(2)KarLJ702

the persons in real need, the State authorities should not hesitate to apply the provisions of the Karnataka Essential Services Maintenance Act, 1994, if necessary by treating the medical services to the person in real need to be an essential service.(emphasis … also appreciate that some of the doctors were on duty taking care of the emergency labour and administrative sections and to help the poor and needy, that too with skeletal strength.6. Of course, after ordering notice to … Officers' Association that the Government doctors propose to go on strike from 12-11-2008 necessitated the petitioners to approach this Court in the above PILs, that

Raj Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Labour and Industrial

Acts : Contract Labour (Regulation and Abolition) Act, 1970 - Sections 10, 10(1) and 10(2); Airport Authority of India Act, 1994 - Sections 2; Industrial Disputes Act - Sections 2; Aircraft Act, 1934 - Sections 2

Reported in : 2003VIIIAD(Delhi)425; 108(2003)DLT314; (2004)ILLJ603Del; 2004(3)SLJ428(Delhi)

matter of an enquiry. 4. The petitioners aggrieved by the termination of services of some of the workmen also seeking their regularization, filed CWP No. … Sundaresan Committee and these include trolley retrieval; Car parking counter clerks, operation, maintenance and repair of passenger baggage conveyor system, frisking of visitors and passengers … transported by the AAI within the areas as indicated in the recommended standards and as per the AAI Act 1994 the AII has to provide such transport facility as are in the opinion of the authority necessary to … Mukul Mudgal, J. 1. During the final hearing of the petition, the … ought to be satisfied for the contract labour system to be abolished namely (a) The work must be essential/incidental (b) The work must be perennial. (c) Done ordinarily through regular workmen. (d) Sufficient work to employ whole … intermediary. Accordingly all the conditions set out in Section 10 of the Contract Labour Act are satisfied.

Saroj Kumari, Teacher Govt. Girls Sr. Sec. School, Ferozepur and ors. ...

Court : Punjab and Haryana

Subject : Labour and Industrial

Reported in : (1998)120PLR123

leniency in the enforcement of this provision. As you are perhaps aware, the provisions of the East Punjab Essential Services (Maintenance) Act, 1947 applied to all the employees under the State Government. 4. It is also reiterated that causal leave … to dispose of Civil Writ Petitions No. 16821 of 1992, 7048 of 1993, 11365 of 1993, 8430 of 1994, 11398 of 1995 and 14874 of 1995 as also Letters Patent Appeals No. 583 and 584 of 1992 … R.S. Mongia & K.K. Srivastava, JJ. 1. The State of Punjab had issued a circular on February 8, 1978, … their demands and had already extended certain concessions. Inspite of this certain sections of non-gazetted employees resorted to strike on 8th February, 1978. On the

S.Amara Jothi Vs. 1.The State of Tamil Nadu,

Court : Chennai

Subject : Land Acquisition

or fraud committed by her. The expenditure has been made in each and every Panchayat to maintain the essential services in the Village. The expenses incurred for repairing of the Over Head Tanks and other amenities in the … the panchayat account to clear the thorn bushes and for temple tank maintenance, cremation ground maintenance and drainage maintenance between the period 24.12.2011 to 04.02.2012. … petitioner to submit her additional explanation regarding the proposed action to be taken under Section 205(11) of the Act, 1994. On 03.04.2013, the petitioner has submitted her additional explanation to the charges through the third respondent Office. After … incurring expenditure over and above the permissible limits, the same would not attract the provisions of the sub Section (1) of Section 205 to initiate action for removal proceedings. (iv) The petitioner's Panchayat comes under the Thiruppuvanam Panchayat

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

Subject : Service Tax

was enacted. By this enactment, sections 97 and 98 have been inserted in Chapter V of the Finance Act, 1994. Section 97 of the Finance Act, 1994 provided for retrospective exemption to activity of management, maintenance and repairs of … commerce and law as such and have to be taxed separately. It is in the context of such essential controversy that all observations and conclusions rendered from paras 24 to 29, relied upon by Mr. Sridharan must … Nagpur, in connection with the alleged non-payment of service tax on the services rendered by the petitioners. 8. Following correspondences were exchanged between the department … S.C. Dharmadhikari, J. 1. On the above writ petition, we had granted Rule on 22nd February,

Bharat Hotels Limited vs.commissioner, Central Excise (Adjudication)

Court : Delhi

Subject : Service Tax

of payment of service tax in respect of management, maintenance and repair services and mandap keeper services provided by it.2. The appellant is a public … error in holding that invocation of the extended period under proviso to Section 73(1) of the Act in respect of two services, i.e. management, maintenance … either been spelt out or have been discussed and, therefore, in absence of satisfaction of none of the essential ingredients, suppression cannot be alleged by the department. The CEAC252017 Page 9 of 26 appellant also mentions that … (CESTAT) (hereinafter referred to as “Appellate Tribunal”), upholding imposition of penalty for non-compliance with provisions of the Finance Act, 1994 (also herein referred to as “the Act”), in respect of payment of service tax in respect of management,

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Service Tax

Acts : Finance Act, 2000 - Sections 65(7), 65(18A), 65(18B), 65(48), 116 and 117; Finance Act, 1997; Finance Act, 1994 - Sections 65, 66 68, 70, 71A and 94; Finance Act, 2003 - Sections 68, 68(1), 69, 70, 71 and 71A; Assam Taxation (On Goods Carried by Road or on Inland Waterways) Act; Central Tea Act - Sections 3(1) and 3(2); Motor Vehicles Act, 1939 - Sections 43, 43(1), 43(1A) and 44; Rajasthan Passengers and Goods Taxation Act, 1959 - Sections 3 and 4; Karnataka Entertainments Tax Act, 1958 - Sections 2; Expenditure Tax Act, 1987; British North America Act, 1867 - Sections 91 and 92; Finance Act, 1998 - Sections 65, 65(16), 65(17), 65(41) and 66(3); Motor Vehicles Act, 1988 - Sections 2; Finance Act, 1997 - Sections 84; Service Tax Rules, 1994 - Rule 2 and 2(1); Service Tax (Amendm

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

does not merely involve personal services of transporters but also vehicles and fuel. Chapter V of the Finance Act, 1994 provide for levy of service tax on utilisation of transport services by the petitioners. It was amended by … of Parliament taxing expenditure incurred in the construction of theatres or the maintenance of race horse establishments or the like, there would have been no … is within the legislative competence of the Union Parliament. In that sense, the constitutionality of the law becomes essentially a question of power which in a federal constitution, unlike a legally omnipotent legislature like the British Parliament, … defects in law pointed out by the Supreme Court, the Parliament amended Sections 68 and 70 retrospectively and a new Section 71A was inserted in … facts, we give reference to Writ Petition No. 1478 of 2004 and also to the counter filed