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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 … view, it may not be possible to successfully agitate this issue. The Legislature by clear intendment provides in Section 7 of KESMA that all offences shall be tried in a summary way by any Judicial Magistrate of First

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

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 … dispute in the present case pertains to period from 2005-06 to 2009-10. 7. In the month of July, 2010, investigations were conducted by the officers

Maharashtra General Kamgar Union Vs. Cipla Limited and ors.

Court : Mumbai

Subject : Labour and Industrial

Reported in : (1996)98BOMLR727

maintaining hygienic atmosphere in the Company. Respondent No. 2, viz., Deluxe Estate Services is alleged to be a contractor. However, according to the complainant-union, the … the nature of the work done by these workmen was of a regular and perennial nature which was essential for the proper functioning of the company which is manufacturing drugs and other pharmaceutical products.5. Respondent No. 1 … and it started undertaking contract for maintaining cleanliness and good housekeeping and maintenance of garden and industrial establishments by entering into contract dated 28.2.1992 with … and validity of the order dated 24th October, 1994 passed by the learned Presiding Officer, 7th Labour … wages, etc., to the workmen. The company contended that it has obtained the registration certificate as required under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1978. It was, therefore, contended that there is no merit

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 … 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 for non-payment of tax in Section 9 indicate that … 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

P.R. Ramachandran and ors. Vs. Tamil Nadu Water Supply and Drainage Bo ...

Court : Chennai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10 and 25F; Constitution of India - Article 226

Reported in : [1996(73)FLR1548]; (1996)ILLJ823Mad; (1996)IMLJ415

of the Tamil Nadu Water Supply and Drainage Board on January 6, 1994/January 7, 1994. The termination orders were passed by the second respondent on … process of making permanency of the above said NMR workers in a phased manner, the Board felt it essential to have only those NMR Personnel, who are covered under Section 3(1) of the Act, for the reasons … ORDERAR. Lakshmanan, J.1. The challenge in all the above writ petitions are the orders of termination of services of all the nominal muster roll workers (NMR) by the second respondent of the Tamil Nadu Water Supply … the schemes will have to be handed over to local bodies for maintenance by local bodies. As soon as the completion of the scheme, the

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 … and Part IX-A of the Constitution introduced by 73rd and 74th Amendments respectively deal with the Panchayats

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 … entry No. 58 of List I of Schedule 7 and the type of taxes referred to as … the phrase 'local area' has been defined in Section 2(14) of that Act to mean 'an area

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 … JACOB, (YACOB) KANNANAIKKAL HOUSE, KALLUMPURAM, KADAVALLUR POST, THRISSUR-680543. 7 ADDL. V.U. JOSEPH, S/O. JOSEPH, VAZHAPPULLY HOUSE, KORATTIKKARA … and policing, are not included in Schedule 11.3. Section 174 of the Kerala Panchayat Raj Actempowers the

Cms (India) Operations and Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Service Tax

Reported in : (2007)7STR369

of 'most specific description' shall be classified as if they consisted of a service which gave them their essential character. He found that the obligation of CMS to ST-CMS consisted of a combination of services which received … No. S/116/06 & No. S/143/06 filed by M/s. CMS (India) Operations and Maintenance Company Private Limited (hereafter, also referred to as appellants, CMS, contractor or … S/116/06, service tax of Rs. 94,40,799/- for the period 6/2000 to 2/2003 under Section 73(2) of the Finance Act, 1994 (the Act) and interest on the service tax payable under Section 75 were demanded. There were also penalties … tax of Rs. 94,40,799/- for the period 6/2000 to 2/2003 under Section 73(2) of the Finance Act, 1994 (the Act) and interest on the service