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Tractor and Farm Equipment Ltd. Vs. Secretary to the Govt. of Assam, D ...

Court : Guwahati

Subject : ContractConstitution

Acts : Constitution of India - Articles 12, 14, 226 and 253; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10; International Development Association (Status, Immunities and Privilages) Act, 1960 - Sections 3

Advocate for Appellant : K.N. Choudhury, Sr. Adv., S. Shyam, A.K. Ganguly and G. Rahul, Advs.

I.A. Ansari, J.1. When a lis is brought or a proceeding is instituted in a Court of law, desirable it is that the Court, unless the law indicates otherwise, decides the maintainability of such a lis/proceeding....

Atul Bora Vs. Akan Bora

Court : Guwahati

Subject : Election

I.A. Ansari, J.1. By making this miscellaneous application, the election petitioner has sought for necessary permission, under Section 154 of the Evidence Act, to put such question(s) to the witness No. 2 for the election petitioner,...

A.S. Krishnamurthy and ors. Vs. Central India Spinning, Weaving and Ma ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Bombay Industrial Relations Act - Sections 2, 2(15), 3(1), 3(2), 3(30), 3(38), 11, 12, 12(31), 13, 13(1), 13(2), 13(3), 19(2), 23, 23(1), 23B, 27A, 28(1), 30, 32, 33, 33A, 42, 42(2), 42(4), 44, 50A, 58, 71, 72, 73(1), 73(2), 73(3), 73A, 76, 79(1), 80 and 83A; Bar Councils Act - Sections 8, 14 and 14(1); Bombay Shops Establishment Act; Trade Union Act, 1926; Central Provinces and Berar Industrial Disputes Settlement Act, 1947; Bombay Industrial Relations (Extension and Amendment) Act, 1964; Legal Practitioners' Act - Sections 4; Bombay Industrial Relations Rules - Rules 37 and 40; Insolvency Rules - Rule 128; Code of Civil Procedure (CPC) - Order 3, Rule 1 - Order 17, Rule 2; The Bombay Industrial Relation Rules, 1947 - Rules 10 and 11; Consitution of India - Articles 14 and 19(1)

Reported in : 2007(1)ALLMR601; 2007(2)BomCR147

Advocate for Appellant : R.B. Pendharkar, Sr. Adv. and ;Sambhare, Adv.

B.P. Dharmadhikari, J.1. Petitioners before this Court have challenged the order passed by Member, Industrial Court dated 16th Oct. 1995 below exhibit 28 in Reference (ICN) 4/1978, holding that the Petitioners have no legal right or...

Kalyan Kumar Dutta Gupta Vs. B.M. Verma and Others

Court : Kolkata

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 100 - Order 1, Rule 8 - Order 39, Rule 2;; Code of Criminal Procedure (CrPC) , 1973 - Section 156(3);; Royal Calcutta Turf Club Rules - Rules 28, 29 and 29(1);; Indian Penal Code (IPC), 1860 - Sections 120B, 406, 409, 471 and 488;; Constitution of India - Article 19

Reported in : AIR1995Cal140,99CWN529

Advocate for Appellant : Ashok Sen, ;Bijay Bachwat, ;Sibaji Sen,; Tapas Kumar Banerjee (Jr.) and ;Arjun Mukherjee, Advs.

ORDERShyamlal Kumar Sen, J.1. Theappeal arises out of an order passed by the Learned single Judge refusing to pass interim order of injunction restraining respondent Nos. 5, 6 and 7 and/or their servants and agents from...

No. 35 Pakaria MIn Samabai Samity Ltd. Vs. State of Assam and ors.

Court : Guwahati

Subject : Civil

Acts : Constitution of India - Articles 14, 226, 227 and 299; Administration Law

Advocate for Appellant : A.K. Phukan, A.B. Chowdhury and M. Hazarkia, Advs.

D.N. Chowdhury, J. 1. This is an application for judicial review in respect of an order of settlement No. 35 Pakaria Min Mahal of Morigaon by the respondent No. 1, the Government of Assam with consultation...

Santuram Khudai Vs. Kimatrai Printers and Processors Pvt. Ltd. and ors ...

Court : Supreme Court of India

Subject : Media and CommunicationLabour and Industrial

Acts : Bombay Industrial Relations Act, 1946 - Sections 27A, 30, 32, 33 and 80; Bombay Industrial Relations Act, 1947

Reported in : AIR1978SC202; [1978(36)FLR82]; (1978)0GLR259; 1978LabIC1; (1978)ILLJ174SC; (1978)1SCC162; [1978]2SCR387; 1978(10)LC13(SC)

Advocate for Appellant : B. Dutta and; K. Kumar, Advs

Jaswant Singh, J.1. This appeal by special leave which is directed against the order dated November 16,1976 of the High Court of Gujarat at Ahmedabad summarily dismissing Special Civil Application No. 1845 of 1976 filed by...

Maharaja Kishangarh Mills Ltd. Vs. State of Rajasthan

Court : Rajasthan

Subject : Labour and IndustrialConstitution

Acts : Industrial Disputes Act, 1947 - Sections 10(1) and 10(3); Constitution of India - Articles 19(1), 19(6), 31(1), 226 and 226(1)

Reported in : AIR1953Raj188; (1953)IILLJ214Raj

Advocate for Appellant : C.L. Agrawal, Adv.

Ranawat, J.1. This is an application under Article 226 of the Constitution of India by Maharaja Kishangarh Mills Ltd., Kishangarh, against the State of Rajasthan, Mr. D. O. Sharma, Judge of the Industrial Tribunal and Kishangarh...

Navendra Kumar Vs. Union of India and Another

Court : Guwahati

Subject : Land Acquisition

Advocate for Appellant : Dr. LS Choudhury, Dr. Choudhury, Dr. L. S. Choudhury

I.A. Ansari, J. 1. “When the people fear the government, there is tyranny. When the government fears the people, there is liberty.” Thomas Jefferson, the principal author of the Declaration of Independence (1776) and the third...

Ajeet Corporation and ors. Vs. United Bank of India

Court : Guwahati

Subject : Limitation

Advocate for Appellant : Ms. B.S. Singi

A.H. Saikia, J.1. Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. B.S. Singi, learned Counsel for the petitioners. Also heard Mr. S. Dutta, learned Amicus Curiae who has been requested to assist the court...

Bibekananda Das Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Acts : Constitution of India - Articles 14, 16, 31(2), 32, 162, 226 and 309; Assam Police Service Rules, 1966 - Rules 2, 4, 4(1), 5, 5(1), 5(1)(6), 6, 7, 7(1), 7(4) to 7(7), 8, 8(1), 8(1)(6), 8(2), 10, 13, 14, 18, 18(1), 19, 22, 23, 29 and 56; Assam Police Service (Recruitment) Rules - Rule 5(1); Assam Executive Business Rules, 1968 - Rules 10(1), 10(2) and 17; Assam Administrative Tribunal Act, 1977 - Sections 4, 4(1), 4(2), 5 and 5(1); Assam Police Service Regulations - Regulation 3, 3(1) and 3(4A); Limitation Act; Kerala General Sales Tax Act - Sections 8 and 10; Residuary Rules - Rule 3; Jammu and Kashmir Public Service Commission (Limitation of Functions) Regulations, 1957 - Regulation 4; Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 - Rules 5, 23 and 37;

Advocate for Appellant : N. Dutta, B.R. Bhattacharjee, H.N. Sharma, G.N. Sahewalla, B.P. Kataki, K.P. Pathak and K.N. Choudhury, Advs.

I.A. Ansari, J.1. Our constitutional scheme for governance is based on the rule of law. Absence of arbitrary power, as the Apex Court observed in S.G. Jaisinghani v. Union of India and Ors. : [1967]65ITR34(SC) ,...