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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 … not exceeding three months, if satisfied that it is necessary or expedient to do so in public interest.4. Sub-section (4) of Section 3 of KESMA is relevant and reads as under:Section 3(4); 'Upon the issue of an order

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 … page 3). Sri Ravi Verma Kumar, learned Senior Counsel appearing for the 4th respondent made it clear that the present strike call is not made

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

Court : Rajasthan

Subject : Sales Tax/VAT

Reported in : (2008)16VST387(Raj)

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 … 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, … the relevant statute in question was the Road Maintenance (Contribution) Act, 1958, which imposed upon the owners … 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 … takes delivery or is entitled to take delivery of such goods on its entry into a local area.128. Section 4 places the incidence of tax on every registered dealer, whose annual turnover of import of goods exceeds rupees

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 … Proposal and culminating in the award of contract initially to Respondent No. 4 and then to the Respondent No. 5. 2. The facts that are

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 … 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 … as the petitioner has deviated from her duties cast upon under Section 46(F) of the Tamil Nadu Panchayat Act (hereinafter referred to as the Act),

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 … against the order-in-original dated 28th November, 2014 passed by respondent no. 2. 4. The petitioner is a company incorporated under the Indian Companies Act, 1956,

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 1(1), 40, 226, 243E, 243G, 245, 246 and 246(3); Andhra Pradesh Panchayat Raj Act, 1994 - Sections 153, 181, 249 and 250

Reported in : 2004(2)ALD1; 2004(1)ALT659

reconcile national unity and integrity and power with maintenance of the State's right. The end aim of the essential character of the Indian federalism is to place the nation as a whole under control of a national … XII deals with Finance property contracts and suits; Part XIV deals with services under the Union and the States. The Seventh Schedule of the Constitution … of this Court under Article 226 of the Constitution of India questioning certain provisions of A.P. Panchayat Raj Act, 1994 and certain Government Orders and Rules by filing W.P. No. 12348/2002. Federation for Empowerment of Local Government by … particularly one in the nature of a writ of mandamus, declaring that Section 31, Section 32(c), Section 43, Section 60, Sub-section (6), Section 61, Sub-sections … authority or not. In 'Constitutional Law of India' 4th Edition, Silver Jubilee Edition, H.M. Servai, the learned

Syed Mohd. Nadeem Vs. Superintendent, District Jail and ors.

Court : Allahabad

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3, 3(1), 3(2), 3(3), 5A, 5A(2) and 8; Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 - Sections 3(1); National Security (Second Amendment) Act, 1984; Constitution of India - Articles 22(5) and 226

Reported in : 2000CriLJ3777

preventing the detenu from acting in any manner prejudicial to the security of Nation/maintenance of supplies and services essential to the community.2. The order of detention was executed the same day and approval thereto was accorded by … for India v. Amrit Lal Prajivandas (1994) 5 SCC 54 : AIR 1994 SC 2179, it has been, held : 'In the modern world, the … forthwith if he is not wanted in any other case. - LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Section 4; [Sushil Harkauli, S.K. Singh & Krishna Murari, JJ] Acquisition of land Held, Court cannot issue a Writ of

S T.Peter'S and St.Paul'S Syrian Orthodox Church vs State of Kerala

Court : Kerala

the State Government has no power to delegate essential sovereign functions like maintenance of public order and tranquility or gathering of intelligence information and policing … 243G and Schedule 11 of the Constitution of India and even otherwise, whether the State Government can delegate essential sovereign function like gathering of intelligence information to the Panchayat Institutions, is an important issue arising in this … others appointed in accordance with the 1934 Constitution to carry out religious services. This led to disturbance and disharmony among parishioners, prompting the filing of … 1960, Kerala Municipalities Act, 1960 and the Kerala Municipal Corporations Act, 1961 and the present Kerala Panchayat Raj Act, 1994 and the Kerala Municipality Act, 1994 are legislations traceable, inter alia, to Entries 5 and 18 of List … CHALISSERRY P.O., PALAKKAD-679 536, REPRESENTED BY ITS SECRETARY. 4 THE SECRETARY, CHALISSERRY VILLAGE PANCHAYAT, CHALISSERRY P.O., PALAKKAD-679 … and policing, are not included in Schedule 11.3. Section 174 of the Kerala Panchayat Raj Actempowers the