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The Collector of Monghyr and ors. Vs. Keshav Prasad Goenka and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Bihar Private Irrigation Works Act, 1922 - Sections 3, 4, 5, 5(1), 5A, 5A(1), 5B, 7, 8, 11, 12, 32A, 32B, 46 and 47; Constitution of India - Articles 20(3), 226 and 320(3); Bihar Land Reforms Act, 1950; Bihar Private Irrigation Works (Amendment) Act, 1939

Reported in : AIR1962SC1694; 1962(0)BLJR863; [1963]1SCR98

because of the common point raised in them which relates to the proper construction of section 5A of the Bihar Private Irrigation Works Act, 1922 (Bihar and Orissa Act, 5 of 1922), which will be hereafter referred to … section 11 of the Act and which were sought to be recovered as arrears of public demands under section 12. No doubt, those demands had their origin in or were ultimately based upon an order passed by the … not. 17. We shall first proceed to consider the place of section 5A in the scheme of the Act. Section 3(a) deals with the same type of cases as that dealt with by section 5A, viz., that the

Shiva Shankar Verma and ors. Vs. the State of Bihar Through Vigilance ...

Court : Patna

Subject : Civil

Acts : Bihar Special Courts Act, 2009 - Section 15; Prevention of Corruption Act, 1988 - Sections 13(2), 13(1)(e); Constitution of India; Code of Civil Procedure (CPC) - Order 18 Rule 4; Evidence Act - Section 35

Shivashankar Verma on the relevant date being the Secretary, Department of Minor Irrigation, Govt. of Bihar, Patna. The appellant in Cr. Appeal No.546 of 2011 … order passed by the learned Additional District and Sessions Judge-cum-Authorised Officer, Patna, on 17.3.2011 under Section 15 of the Bihar Special Courts Act, 2009, in connection with Special Case No. 3 of 2010 arising out of Special Vigilance … have to be assigned by the trial Judge. Similarly, de novo trial has been done away with by Section 12 of the Act and the appellate forum has been prescribed by Section 9 of the said Act. These … of such declaration besides the jurisdiction of the Special Courts to try cases under the Prevention of Corruption Act. Section 8 of the Act relates to procedure and powers of Special Courts and it has provided that the

Shivappa and Others Vs. The State of Karnataka, rep. by it Secretary a ...

Court : Karnataka Dharwad

Subject : Land Acquisition

vs- Prafulla Churan Law and others [2011(4) SCC 769]; m) Shyman Nandan Prasad and others vs- State of Bihar and others [1993(4) SCC 255]; 14. Per contra, Sri M.R. Naik, learned Advocate General for the State Government-respondent … which was conceived to ensure supply of water to the farmers for irrigation as well as drinking purpose through canal system in the region; that … I have heard the learned Counsel for the parties to the lis. 12. Sri S.M. Kalwad, learned Counsel for the petitioners, mainly contended that the … to the same. However, the acquiring authority invoking the emergency provision under Section 17(1) and (4) of the Act, Section 5-A enquiry was dispensed with. It is further stated that in pursuance of notification under Section 6(1) of

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Subject : Criminal

Acts : Special Marriage Act, 1954 - Sections 3 and 11; ;Commissions of Inquiry Act, 1952 - Section 3; ;Delhi Special Police Establishment Act; ;Code of Criminal Procedure (CrPC) , 1861 - Section 139; ;Code of Criminal Procedure (CrPC) , 1872 - Section 112; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 41(1), 154, 154(1), 154(3), 156, 156(1), 157, 169, 173, 174, 175 and 190; ;Indian Penal Code (IPC) - Section 302; ;Constitution of India - Articles 12, 14, 20(2), 21, 32, 144 and 226

Reported in : AIR2011SC1254

India and Ors. reported in : (1996) 11 SCC 582; 4. Minu Kumari and Anr. v. State of Bihar and Ors. reported in (2006) 4 SCC 667; 5. Common Cause, A Registered Society v. Union of India … 171; 13. A.R. Antulay v. R.S. Nayak and Anr. reportedin : (1988) 2 SCC 602; 14. Secretary, Minor Irrigation & Rural Engineering Services, U.P. and Ors. v. Sahngoo Ram Arya and Anr. reported in : (2002) 5 … of Sri Ashok Kumar Todi, the respondent No. 12. (ii) The deceased was aged about 29 years … conscionable justice be done; c) A Declaration do issue declaring that the acts and/or actions as complained in the petition against Respondent Nos. 4 to … Kumar, DC, DD I; Sri Sukanti Chakraborty, Assistant Commissioner of Police (Anti-Rowdy Section) Lal Bazaar and Krishnendu Das, Sub-Inspector, Anti-Rowdy Section be forthwith be handed

Cwp No.17270 of 2012 Vs. State of Haryana and Others

Court : Punjab and Haryana

Subject : Labour and Industrial

The celebrated judgment of the Apex Court in Telco Convoy Drivers Mazdoor Sangh & another Vs. State of Bihar & others 1989 AIR (SC1565also examined the said issue and came to the conclusion that it is an … by section 10 of the Act. See Ram Avtar Sharma v. State of Haryana, [1985]. 3 SCR686 M.P. Irrigation Kararnchari Sangh v. The State of M.P., [1985]. 2 SCR1019and Shambhu Nath Goyal v. Bank of Baroda, Jullundur, … Government to do so would be to render Section 10 and Section 12(5) of the Industrial Disputes Act Sailesh ranjan 2014.02.26 10:44 I attest to

Present: Mr. Sanjiv Gupta Advocate Vs. State of Haryana and Another

Court : Punjab and Haryana

Subject : Land Acquisition

merits of the case. The Apex Court in Telco Convoy Drivers Mazdoor Sangh and another versus State of Bihar and otheRs.1989 AIR (SC) 1565 held accordingly. The relevant portion reads thus:- Gupta Shivani 2014.01.20 16:42 I attest … valid disputes, and that to allow the Government to do so would be to render section 10 and section 12(5) of the Act nugatory. We are, therefore, of the view that the State Government, Gupta Shivani 2014.01.20 16:42

Kerala Private Motor and Mechanical Workers' Federation Vs. State of K ...

Court : Kerala

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10(1), 25F and 27B

Reported in : (1993)ILLJ401Ker

a matter to be adjudicated by the executive Government. In Telco Convoy Drivers Mazdoor Sangh v. State of Bihar 1989-II-LLJ-558, (SC) reviewing the earlier decision, the Court summarised the lawas under (at pages 560-561)'It is now well-settled … the Act. See Ram Avtar Sharma v. State of Haryana (supra) M.P. Irrigation Karmachari Sangh v. State of M.P., 1985-I-LLJ-519(SC) Shambu Nath Goyal v. Bank … to Muraleedharan Pillai. Since no settlement was arrived at, a failure report has been sent as required under Section 12 of the Industrial Disputes Act, 1947.2. Section 12 of the Industrial Disputes Act, 1947, provides that if any

indraj Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10(1)

Reported in : [1990(60)FLR795]; (1994)IIILLJ1069Raj; 1990(1)WLN574

the decision of their Lordships of the Supreme Court in Telco Convoy Drivers Mazdoor Sangh v. State of Bihar reported in : 1989 (2) LLJ 558 that it is well settled that while exercising powers under Section … had been decided by the Government which was not permissible. Their Lordships upon the decision in Madhya Pradesh Irrigation Karmachari Sangh's case (1985 (1) LLJ 519) where it was held that there may be exceptional cases in … settled that while exercising powers under Section 10(1) of the Industrial Disputes Act, 1947 the function of the Appropriate Government is an Administrative function and … for adjudication of the valid disputes to render Section 10 and Section 12(5) of the Act nugatory.5. In Telco Convoy Drivers case, the Supreme Court

Sheroo Kalikushroo Fatakia Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10(1), 12(4) and 12(5)

Reported in : (1993)IIILLJ714Bom

substantiate the reasonableness of the demand''.10. Again, in Telco Convoy Drivers Mazdoor Sangh and Anr. v. State of Bihar and Ors. 1989 2 C.L.R.699 the Supreme Court ruled:'It is true that in considering the question of making … preliminary question whether the appellants are workmen within the meaning of Industrial Disputes Act or not'.9. In M.P. Irrigation Krmachari Sangh v. State of M.P. and Anr. 1985 II C.L.R.10 the Supreme Court had held:'Therefore, while conceding … Stenographer by the second respondent, Bank of America, vide letter dated September 12, 1966 with effect from November 1, 1966. She was confirmed as Manager's … respondent-bank took a plea that the petitioner was not a 'workman' under Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the

Bal Kishan Gupta Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10 and 12 (5)

Reported in : (1996)IILLJ262Raj; 1996(1)WLC761

Government of India and Anr. 1985-51 FLR 131, Telco Convoy Drivers Mazdoors Sangh and Anr. v. State of Bihar and Ors. (I989-II-LLJ-558) and R.S.R.T.C. and Ors. v. Shri Ram Yadav 1995 (3) WLC 16. Leaned counsel for … Nirmal Singh v. State of Punjab and Ors. (1984-II-LLJ-396), The Madhya Pradesh Irrigation Karamchari Sangh v. State of 'Madhva Pradesh and Anr. (1985-I-LLJ-519), Workmen of … dispute which is in excess of the powers conferred upon the Central Government under Section 10 read with Section 12(5) of the Act and the order passed by the Central Government refusing to make a reference, deserves to