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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 … - RELIGIOUS ENDOWMENTS ACT, 1863 [REPEAL BY ACT II /1927] Section 6 of Act II of 1927 & Section 8; [A.S. Bopanna, J] Application of the repealing Act Held, Section 8 would clearly indicate that the repeal of

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 … the Constitution the provisions of Code of Criminal Procedure would prevail and the provisions of KESMA should yield. 8. The argument, no doubt, is prima facie attractive. But the import of Sections 4 and 5 of Cr.P.C.

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 … JJ. 1. The State of Punjab had issued a circular on February 8, 1978, that those employees who had not resorted to strike on a … 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 … for temple tank maintenance, cremation ground maintenance and drainage maintenance between the period 24.12.2011 to 04.02.2012. As per Section 8 of the Act, if any amount is incurred beyond Rs.5,000/- for a particular work, it is the duty … 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

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 … There is public- private participation right from the inception of the Company. 8. The learned Counsel took us through the relevant provisions of OMDA as

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

Court : Mumbai

Subject : Service Tax

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 … 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

Mohammad Aslam Dar Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Subject : Criminal

Acts : Jammu and Kashmir Public Safety Act, 1978 - Sections 8, 8(1), 8(2), 8(4), 10A, 14, 15, 16 17, 17(I), 18 and 19; ;Constitution of India - Articles 21, 22 and 22(5)

Reported in : 1996CriLJ1391

security of the State or the maintenance of the public order or the maintenance of supplies and services essential to the life/community, by the Government under Sub- section (1) of Section 8 and under Sub-section (2) of … averments is alleged to have been arrested in the month of July, 1994 by the security forces during crack down and was subsequently detained under … the period of detention of two years, is an exercise of his excessive jurisdiction.10. Under the provisions of Section 8 of the J&K; Public Safety Act, the detention order can be passed against the detenu with a view

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 … v. Government of Andhra Pradesh, 2002 (4) ALD 84 (DB), a Division Bench of this Court held:'According

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 … consumables.They would operate the facility in such a manner as to achieve 85% plant load factor in a normal year and take necessary steps to

Jindal Strips Limited and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Subject : Sales Tax/Vat

Reported in : (2008)12VST149(P& H)

and the collection of the exaction involves no substantial interference with the movement. . . . What is essential for the purpose of securing freedom of movement by road is that no pecuniary burden should be placed … nature, as augmentation of their finance would enable them to provide municipal services more efficiently, which would help or ease free-flow of trade and commerce … the like, and if the proceeds are devoted to the repair, upkeep, maintenance and depreciation of relevant roads and the collection of the exaction involves … Rajasthan. That due to abolition of octroi, the local bodies, i.e., Panchayats, established under the Rajasthan Panchayati Raj Act, 1994, municipalities, established under the Rajasthan Municipalities Act, 1959 and notified area committees and cantonment boards suffered a financial … Allahabad High Court in its judgment dated January 8, 2007 in Indian Oil Corporation Limited v. State … meant to facilitate freeflow of trade and since Section 22 of the Act provided for distribution of