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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

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 the Kerala Essential Services Maintenance

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 … post-mortems, deliveries (labour), medico-legal services etc. from the midnight of 11th November, 2008.5. It is brought to our notice that except in teaching hospitals, people … 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

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. … include trolley retrieval; Car parking counter clerks, operation, maintenance and repair of passenger baggage conveyor system, frisking … 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 … 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. … the contractor showed that supervision and control with the Airport ... without trolley there would be chaos ' Section 2(m) of the Airport Authority of India Act (AAI Act) shows that it is the duty of the Airport

indra Sarma Vs. V.K.V.Sarma

Court : Supreme Court of India

Subject : Land Acquisition

nature of marriage” which means a relationship which has some inherent or essential characteristics of a marriage though not a marriage legally recognized, and, hence, … relation and the exclusive enjoyment of them, to have children, their up-bringing, services in the home, support, affection, love, liking and so on. RELATIONSHIP IN … to deal with the cases of dowry demands by the husband and family members. The Hindu Adoptions and Maintenance Act, 1956 provides for grant of maintenance to a legally wedded Hindu wife, and also deals with rules for … in this country even though the Vienna Accord 1994 and the Beijing Declaration and Platform for Action … would amount to a “relationship in the nature of marriage” falling within the definition of “domestic relationship” under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 (for short “the DV Act”) and the disruption

Delhi International Airport Pvt. Ltd. Vs.union of India & Anr.

Court : Delhi

Subject : Land Acquisition

dated 04.04.2006 contains a specific provision, i.e. Clause 2.2.3 which reads as under:"2.2.3 Aeronautical Services, Non-Aeronautical Services and Essential Services Subject to the foregoing and to Applicable Law, JVC shall undertake/ provide Aeronautical Services and Essential Services at … short 'AAI Act') which is responsible for the development, operation, management and maintenance of airports in India. (ii) In furtherance of the Liberalization Policy of … of airports in India to the Airports Authority of India (AAI) established under the Airports Authority of India Act, 1994 (for short 'AAI Act'). In furtherance of the said policy, AAI incorporated a Special Purpose Vehicle Company (hereinafter … being ultra vires of Article 14 of the Constitution of India and Section 40 of the Airports Authority of W.P.(C) No.11047/2016 Page 2 of 41

M/S. Shreeji Shipping Vs. C.C.E. and S.T. Rajkot

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Subject : Service Tax

vide section 42(4); * activity is covered under maintenance / repair services Hence, it was held that … levy of S Tax on port service became effective from 1/7/2003. * Essential elements of the aforesaid definition are (1) the service rendered may be … service tax on the entire charges collected by them for various several services like lighterage and local transportation within the port and they have not … to pay the differential service tax and demanded interest; imposed equivalent penalties under various sections of the Finance Act, 1994. 3. Ld. Counsel appearing on behalf of the appellant after taking us through the Order-in-original, made submissions which … Order reported at 2011 (220) STR 305 (T-LB), held as follows: (a). Provisions other than clause (q) of Section (2) of the Major Port Trusts Act, 1963 or any provisions other than clause (4) of Section (3) of

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 … ordered that the same be heard along with the aforesaid writ petition. 2. The petitioners in all the writ petitions as also the private respondents … 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 … the Tahsildar, by his proceedings, dated 17.11.2012 to convene the meeting of the Panchayat as provided under Sub Section 2 of Section 205 of the Panchayat Act. The Council meeting was convened on 17.12.2012. The charges levelled against

M/S.Saurashtra Roadways Vs. Commercial Tax Officer

Court : Kerala

Subject : Land Acquisition

a nexus with the sale and purchase of goods as such. The essential distinction would be that a transporting agency cannot be deemed to be … was again a challenge against the prescription of maintenance of accounts, by clearing and forwarding agents and … Assay & Hallmarking Centre (supra) too assumes significance. The hallmarking being a service as provided under the Finance Act, 1994 and despite the service rendered by such unit, does not involve any sale or delivery of goods, following … would contend that a transporting agency does not come under the definition of "dealer" under sub-clause (xv) of Section 2 or the non-obstante clause under sub-section(2) of Section 15 and hence would not be obliged to obtain registration … any goods or supplying by way of or as part of any service, any goods directly or otherwise, whether for cash or for deferred payment,