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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 … contract initially to Respondent No. 4 and then to the Respondent No. 5. 2. The facts that are material and relevant for deciding this petition

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 … of governing body and owe duty to the society (vide T.K. Rangarajan v. Government of Tamil Nadu and Ors. : (2003)IIILLJ275SC ). Of course, in

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 … the exclusive preserve of State Legislature under entry 52 of State List in the Seventh Schedule appended

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 … Singh and Ors. v. State of Haryana and Ors., 1995 (1) RSJ 533. We are prima facie of the view that if the State, or

Chairman and Managing Director, India Airlines Vs. Binod Kumar Sinha a ...

Court : Supreme Court of India

Subject : Service

Acts : Indian Airlines Employees' (Aircraft Engineering Department) Service Regulations, 1959 - Regulation 13; Air Corporations Act, 1953 - Sections 7, 8, 18 and 45(2); Air Craft Rules, 1937 - Rule 134, 134 (1) and (3); Constitution of India - Articles 14, 16, 19(1), 21 and 23; Air Craft Act - Sections 5(1) and (2); Director General of Civil Aviation - Rule 100A; Air Corporations (Transfer of Undertaking and Repeal) Act, 1994

Reported in : AIR2001SC3988; [2001(91)FLR754]; JT2001(8)SC364; 2001(6)SCALE633; (2001)8SCC722; 2001(4)SCT836(SC); 2002(1)SLJ316(SC); (2001)3UPLBEC2455

3 of 1993 dated February 25, 1993 is ultra vires the powers of the DGCA inasmuch as neither Section 5 nor Section 5A of the 1994 Act nor sub-rule 3 of Rule 134 of the Aircraft Rules, 1937 … operation. The safety of Aircraft operation has no relevance to Air transport Services and the DGCA cannot exercise any power under Section 5A to give … to issue notices to the Aircraft Owners and Maintenance Engineers and special directions not inconsistent with the … Further we must notice that during the pendency of these proceedings Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 (Act 13 of 1994) has come into force and we have not examined the scope of the impact … in each case depending upon the exigencies, needs or necessities and the essentiality of the service concerned. In the present case, no such exercise has

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 … such the petitioner can straightaway approach this Court under the writ jurisdiction. 5.Countering the submissions made by the learned counsel for the petitioner, the learned

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 … in force regulating 'the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences'. Section 5 of the Cr.P.C. declares that nothing contained in the Code shall, in the absence of a specific provision

indus Towers Limited Vs. Uoi and ors.

Court : Delhi

Subject : Land Acquisition

Department of Telecommunication for providing passive infrastructure services and related operations and maintenance services to various telecommunications operators in India on a shared basis. It … Delhi, which is the first respondent herein, to refund the taxes paid by the petitioner under the Finance Act, 1994 on the activity of the provision of passive infrastructure services or in the alternative to direct the said … any goods by Indus in favour of the sharing telecom operators since the provision of Passive Infrastructure was essentially a service which was taxed as a service provided in relation to support services of business or categories, … include the standard terms set out in Schedule 5 (Standard Site Access Terms). Each Service Contract shall … in No.280/CDVAT/2010/13 in an application filed by the petitioner before him under Section 84 of the Delhi Value Added Tax 2004 (DVAT). The petitioner provided

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 … levy and collection after amendment of that section, composition of tax in Section 4, submission of return in Section 5, procedure where no payment is made in Section 7 fares and freights escaping assessment in Section 8, penalty … 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

Shri Shivaji Education Society Vs. the Presiding Officer, School.

Court : Mumbai

Subject : Education

In view of this, the basic question arises for consideration is whether the respondent no. 3 possesses the essential qualification and experience for being appointed as a full time Instructor (Electrical) in the school run by the … experience. The approval was granted for the period from 03.08.1995 to 30.04.1996 i.e. for only one session. The services of the respondent no. 3 were terminated w.e.f. 30.06.1996. This was the subject matter of challenge in Appeal … Undisputedly, the criteria regarding qualification and experience for appointment of Instructor (Electrical Maintenance) is governed by Clause (ii) under Item 8. The same being relevant … in the month of March 1991 and March 1994 respectively. It is also the finding recorded that … 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as MEPS Act for short). 3] The tribunal … 74/2000 filed by the respondent no. 3 under Section 9 of the Maharashtra Employees of Private Schools … period of two years in terms of Section 5(2) of the MEPS Act. It has been held