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Jan 22 2009

B. Krishna Bhat Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Jan-22-2009

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

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Apr 10 2017

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

Court : Delhi

Decided on : Apr-10-2017

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 … passengers, air traffic services and air transport services." 9. That it is stated that Clause 2.2.3 of … 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

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Jun 13 2014

S.Amara Jothi Vs. 1.The State of Tamil Nadu,

Court : Chennai

Decided on : Jun-13-2014

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

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Nov 28 2013

Housing Development and Infrastructure Limited Vs. Mumbai Internationa ...

Court : Mumbai

Decided on : Nov-28-2013

Subject : Land Acquisition

at considerable length. I 2. The Airports Authority of India (“AAI”), constituted under the Airport Authority of India Act, 1994, is responsible for the development, management, and maintenance of airports in India. It owns or controls about 1,980 … equity. The rest is divided between GVK Airport Holdings Pvt. Ltd, Bid Services Division (Mauritius) Ltd and ACSA Global Ltd, and there is a shareholders … dated 23rd August 2013 passed by a learned Single Judge of this Court dismissing the Appellants petition under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”). By consent, we took up the matter for … such as customs, immigration, security, etc., remained with AAI. The OMDA is essentially a public-private partnership, where a public function (or set of public functions)

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Nov 05 2003

Raj Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-05-2003

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. … Sundaresan Committee and these include trolley retrieval; Car parking counter clerks, operation, maintenance and repair of passenger baggage conveyor system, frisking of visitors and passengers … 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 … ought to be satisfied for the 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. (d) Sufficient work to employ whole … intermediary. Accordingly all the conditions set out in Section 10 of the Contract Labour Act are satisfied. … the last 20 years. The supervisors work for 90% time as trolley retrievers and for the rest

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Jun 05 2008

Flemingo Duty-free Shop Pvt. Ltd. and Mr. Vivek S. Bhatt Vs. Union of ...

Court : Mumbai

Decided on : Jun-05-2008

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 … to the provisions of OMDA in detail. According to the Petitioners, on 9-10-2006 the Respondent No. 3 made a public announcement in the newspapers calling

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Nov 29 2017

Bharat Hotels Limited vs.commissioner, Central Excise (Adjudication)

Court : Delhi

Decided on : Nov-29-2017

Subject : Service Tax

either been spelt out or have been discussed and, therefore, in absence of satisfaction of none of the essential ingredients, suppression cannot be alleged by the department. The CEAC252017 Page 9 of 26 appellant also mentions that … of payment of service tax in respect of management, maintenance and repair services and mandap keeper services provided by it.2. The appellant is a public … error in holding that invocation of the extended period under proviso to Section 73(1) of the Act in respect of two services, i.e. management, maintenance … (CESTAT) (hereinafter referred to as “Appellate Tribunal”), upholding imposition of penalty for non-compliance with provisions of the Finance Act, 1994 (also herein referred to as “the Act”), in respect of payment of service tax in respect of management,

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Dec 22 2014

Balraj Singh Malik Vs. Govt. of Nct of Delhi and Anr

Court : Delhi

Decided on : Dec-22-2014

Subject : Land Acquisition

the extent it enables the General Body of the Co-operative Group Housing Society to fix higher charges of essential services in respect of dwelling units which are on rent and in possession of tenants, on the ground of … on 12th October, 2014 and as recorded in Minutes / Letter dated 26th October, 2014, to increase the maintenance charges for flats on rent from the existing rate of Rs.2624/- per month by Rs.300/- per month from … Delhi Co-operative Societies Rules, 2007 (Rules) framed under the Delhi Co-operative Societies Act, 2003 (the Act) to the extent it enables the General Body of … and in possession of tenants, on the ground of being ultra vires Sections 76, 89 and 93 read with Section 137(2) and other provisions of … of being ultra vires Sections 76, 89 and 93 read with Section 137(2) and other provisions of

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Dec 22 2014

Balraj Singh Malik Vs. Govt. of Nct of Delhi and Anr

Court : Delhi

Decided on : Dec-22-2014

Subject : Land Acquisition

the extent it enables the General Body of the Co-operative Group Housing Society to fix higher charges of essential services in respect of dwelling units which are on rent and in possession of tenants, on the ground of … on 12th October, 2014 and as recorded in Minutes / Letter dated 26th October, 2014, to increase the maintenance charges for flats on rent from the existing rate of Rs.2624/- per month by Rs.300/- per month from … Delhi Co-operative Societies Rules, 2007 (Rules) framed under the Delhi Co-operative Societies Act, 2003 (the Act) to the extent it enables the General Body of … and in possession of tenants, on the ground of being ultra vires Sections 76, 89 and 93 read with Section 137(2) and other provisions of … of being ultra vires Sections 76, 89 and 93 read with Section 137(2) and other provisions of

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Jan 29 2004

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

Court : Andhra Pradesh

Decided on : Jan-29-2004

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 … : [1954]1SCR1 , it was held at Para 9:'If the Constitution of a State distributes the legislative

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