Judgment Search Results Home > Cases Phrase: air corporations act 1953 repealed chapter v air transport council Page 13 of about 521 results (0.185 seconds)

Shanti Sarup Vs. Radhaswami Satsang Sabha, Dayalbagh Agra and ors.

Court : Allahabad

Reported in : AIR1969All248

..... once the registration of a society has been proved, it can safely be assumed, relying on the presumption which can be raised under section 114 of the evidence act, that the necessary formalities which were required to be observed before a society could be registered by the registrar had prima facie been observed and at least on the face of it the ..... ' commenting on that statement made by kharak singh, one of the signatories, their lordships of the privy council observed: 'whatever one might think probable, it is left uncertain whether this witness was referring to the memorandum as the articles of association; counsel were unable to inform their ..... in respect of the land around 'tej punj' claiming the same to be appurtenant to 'tej punj', and on 10th july, 1953, the second officer of hariparbat police station called the secretary of the sabha to sign an incomplete report of attachment of a plot of ..... corporation aggregate is an aggregate or collection of many individuals united into one body under a special denomination having perpetual succession and vested by the policy of law with the capacity of acting ..... in the case of sunder singh mallah singh sanatan dharam high school trust, indaura, air 1938 pc 73 (supra), a definite plea had been raised on behalf of the defendant that the plaintiff committee ..... in fact, in view of rule 9, chapter xi, rules of court the appeal couldnot have been admitted by the registrar.the order for admission was, therefore,passed by the court on 23rd october, .....

Terminated Full Time Temporary Lic Employees Welfare Association Vs. S ...

Court : Chennai

Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573

..... on the following reasoning : 'after detailed arguments in which several judgments have been cited showing that the life insurance corporation act, 1956, is a special enactment and under which special terms and conditions of services are created, an attempt has been made to suggest that the provisions of the industrial disputes act including those as found in chapter v-a in which some of the relevant provisions on which reliance have been placed on behalf of the petitioners occur, are not ..... before that, we will briefly refer to the relevant provisions of the life insurance corporation act after the amendment of 1981 and the relevant rulings of the supreme court considering the same. ..... the text and the decision, four tests are deducible and these are : (i) the legislature has the undoubted right to later a law already promulgated through subsequent legislation, (ii) a special law may be altered, abrogated or repealed by a later general law by an express provision, (iii) a later general law will override a prior special law if the two are so repugnant to each other that they cannot co-exist even though no express provision in that behalf ..... clause (oo) was inserted by act 43 of 1953 with effect from october 24, 1953. ..... strong reliance is placed on the ruling of the supreme court in central inland water transport corporation ltd. v. ..... it will be useful in this connection to refer to certain observations made by the supreme court in municipal council, palai v. t. j. .....

State of Punjab Vs. Okara GraIn Buyers Syndicate Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1964SC669; [1964]5SCR387

..... . we would, however, make two observations : (1) that the mere fact that certain artificial entities like corporations are brought within the scope of the act, would not by itself rebut the presumptive rule of construction that the state is not bound by a statute unless it is brought within its scope expressly or by necessary implication, (2) it would not be correct to say that the state is ..... , the rule of construction which is certainly not one of a compelling nature, is generally adopted in the construction of consolidating enactments where provisions which have appeared in earlier repealed statutes which have received an uniform and accepted judicial interpretation are re-enacted ..... were also raised before the subordinate judge, hissar who, by orders passed on may 25, 1953, similarly over-ruled the preliminary objections and held that the claims were maintainable before him. ..... . section 29 which is the first of the sections in this chapter and those following it set out the reliefs which shall be available to ..... : 'the rule of interpretation of statutes adopted in england and applied by the privy council to an indian statute in province of bombay v ..... has to be read not in vacuo and divorced from the rest of the judgment but in conjunction with the express approval of the rule of construction as explained by the privy council in province of bombay v ..... 1960crilj1684 has accepted the continued applicability of the principle of construction of statues laid down by the privy council in province of bombay v .....

The Punjab National Bank Ltd. Vs. Its Workmen

Court : Supreme Court of India

Reported in : AIR1960SC160; [1961(2)FLR212]; (1959)IILLJ666SC; [1960]1SCR806

..... to an order of reinstatement (c) whether after the declaration of an illegal strike, forcible occupation of the seats and refusal to vacate them, when ordered to do so by the management, does not constitute as act of criminal trespass, it having been held by the appellate tribunal that the employees formed a large riotous assembly in and outside the premises of the bank and delivered fiery and provocative speeches to accompaniment of scurrilous ..... to an order of reinstatement (d) whether a 'pen-down' strike of such a character does not contravene the provisions of the law of the land and is exempted under the trade unions act or the industrial disputes act (f) whether employees, who, notwithstanding the fact that they resorted to an illegal strike and were guilty of rioting, had been invited by the management to come back and resume work and who ..... connection we may point out that, according to teller the fansteel decision marks 'what is hoped to be an end of an unfortunate chapter in the history of american labor activity'; he has added that 'there is danger, however, in viewing the sit-down strike solely ..... that an acrimonious dispute had been going on between the corporation and its employees for some time before february 17, 1937 ..... argument reliance has been placed on the decision of the privy council in the case of the high commissioner for india and high commissioner ..... the national transport and general ..... suti mills mazdoor union : (1953)iillj321sc , this court was dealing with ..... 1953 .....

JaIn Exports (P) Ltd. Vs. Union of India and ors.

Court : Delhi

Reported in : 1987(29)ELT753(Del); ILR1985Delhi164

..... that where two alternative interpretations are possible of the scope and applicability of item74(vi) of part v of schedule i to imports (control) order,1955 made under section 3(1) of the imports and exports(control) act, 1947, and customs authorities adopt a reasonable view relating thereto which is favorable to revenue, such finding of the authorities cannot be interfered with by highcourt under article 226 even though another view contrary ..... of estoppel in revenue matters runs counter to the well established principles of law that there is no estoppel in the matter of tax laws which would also include proceedings under the excise and customs act.in palkhiwala law and practice of income tax 7th edition at page 854 and 855, a series of decision have been summarised,the purport of which is:(a)that the doctrine of rest judicata or estoppel ..... to fhe import performance of thestc the report adds, 'edible oils' the corporation maintains supplies of edible oils both to the vanaspati industry and for ..... the old concept adhered to by judicial committee of the privy council thata subsequent bench could not differ with the legal view takenin ..... buyer going to a cycle market and seeking 'pump' would naturally gat an, air pump while another seeking the same item in an electrical or sanitary market may ..... chapter 15 has been substituted in customs ..... held 'as a matter of law the earliest decision of the divisionbench of the bombay high court in manek lal chunnilal : [1953]24itr375(bom) is binding onus .....

Village Papers Pvt. Ltd. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : (1993)ILLJ99HP

..... such amount of bonus, without making this demand before the management, it can be legitimately said, if i may say so with respect, as was said by a bench of this court in the case of the members of the sasamusa workers union, (air) 1952 pat 210, that no dispute had actually cropped up, because no demand was made before the management, there was no refusal of the demand and hence there was no dispute.it may also well be that if a different ..... in shambu nath goyal's case (supra), learned judges also made reference to sindhu resettlement corporation's case (supra) by observing that the question whether in case of apprehended dispute government can make a reference made sub-section (1) of section 10 of the act was not examined by the earlier decision. ..... ' chapter iv of the act deals with the procedure, powers and duties of various authorities under the act, duties of conciliation officers are enumerated in section 12 of the act asunder:' 12. ..... thereafter, the similar view was taken in delhi transport corporation v. ..... sarathy 1953-i-llj-174 where a bench consisting of five (earned judges of the supreme court held that the disputes referred to a tribunal under section 10(1) (c) of the act in order that the resulting award may be binding on any particular industrial establishment and its employees need not have actually arisen between them and the learned judges further held that the contrary .....

Concorde Housing Corporation Pvt. Ltd., Vs. State Of Karnataka

Court : Karnataka

..... following shall be questions of title and substituted, namely- ownership to, or lawful possession of any land (3) all alleged acts of land grabbed under this act grabbing shall be tried and offences specified only by the special court in chapter xiv-a of the constituted for the area in karnataka land which the land is revenue act, 1964, situated, or where there shall be tried only in a are more special courts special court than ..... the constitution of india and section482of the code of criminal procedure, 1973 praying to declare that the proceeding on the record of the special court of the trial of offences under the karnataka land grabbing (prohibision) act, 2011 in petition no.lgc43of2016is annexure-g at page no.227- 270 dated0801.2018 in violation of the underlying statute, in gross violation of article21of the constitution, opposed to extablished laws and in contravention of other statutes ..... upon the judgment of the hon'ble apex court referred to herein below with benefit: delhi transport corporation vs d.t.c.mazdoor congress (air1991sc101= 1990 scr (supl)(1) 142):"122 ..... an act is repealed and the repealing enactment is then repealed by another, which manifests no intention that the original act shall continue repealed, the common law rule was that the repeal of the second ..... as is evident from the decision of an enlarged privy council sitting in attorney-general for jersey v holley [2005 ..... . the state of vindhya pradesh, 1953 scr1188 (air1953sc394 the court ..... that: (air p. ..... air ..... ..... .....

Air Carrying Corporation Vs. Shibendra Nath Bhattacharya

Court : Kolkata

Reported in : AIR1964Cal396

..... common law, that is, as to the freedom of the common carrier to contract out of his liability wilt not solve the problem because, if we enforce the rest of the common law, imposing upon the inland common carriers by air the absolute liability of an insurer, without introducing the limitations to this liability as have been laid down by statutes in the case of other common carriers, we would be causing injustice to the carriers of this class in order to relieve the ..... it is evident that the defendant corporation, which carries on the business of transporting goods on hire for members of the public, would have come within the scope of this definition but for the fact that the definition is confined to transportation by land and inland navigation only and does not extend to air navigation. ..... in applying sections 151-152 of the contract act, therefore, the courts below were clearly wrong and acted in disregard of the privy council decision in the irrawady flotilla case. ..... the reasoning of the judicial committee was that 'the subject of common carriers, having been dealt with by a special statute, was not intended to be affected by the general law of contracts, embodied in the contract act, 1872, which was not exhaustive of the entire law relating to contracts and did not profess to repeal the carriers act of 1865. ..... , the carriers' act, 1865, would be governed by the provisions of chapter ix of the contract act. ..... narmadabai, : [1953]4scr1009 .8. .....

Regional Rail Reorganization Act Cases

Court : US Supreme Court

..... centum or more, as determined by the secretary of the treasury, of the outstanding indebtedness of [conrail] consists of obligations of [usra] or other debts owing to or guaranteed by the united states, three of the members of such board shall be the secretary [of transportation], the chairman and the president of [usra] and five of the members of such board shall be individuals appointed as such by the president, by and with the advice and consent of the senate. ..... that "[t]he provisions of the interstate commerce act and the bankruptcy act are inapplicable to transactions under this chapter to the extent necessary to formulate and implement the final system plan whenever a provision of any such act is inconsistent with this chapter;" 601(c) provides that, "[t]he provisions of section 4332(2)(c) of title 42 [national environmental policy act of 1969] shall not apply with respect to any action taken under authority of this chapter before the effective date of the final ..... " "under the new haven case, the court was placed in this kind of position that, if it loads up that new corporation with a debt structure by requiring it to issue additional bonds, it lowers the value of the common stock, which is what it is being paid for in terms of ..... before holding that the result of the earlier consideration has been repealed or qualified, it is reasonable for a court to insist on the legislature's using language showing that it has made a considered determination to that end ..... (1953); united .....

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

..... apsrtc constituted under the road transport corporation act, 1950 having regard to the objectives of the act, was held to be a gpu charity, thus entitling it to exemption in terms of the it act.180 ..... without the taxable territories, but in the following cases, namely: (i) where the property is held under trust or other legal obligation created before the commencement of the-indian income-tax (amendment) act, 1953 (xxv of 1953), and the income therefrom is applied to such purposes without the taxable territories; and (ii) where the property is held under trust or other legal obligation created after such commencement, and the income ..... . the functions and powers of the corporation indicate that the corporation is acting as a wing of the state government in establishing industrial estates and developing industrial areas, acquiring property for those purposes, constructing buildings, allotting buildings, ..... charitable nature of the trust can be traced back to the in re: trustees of the tribune (supra) judgment rendered by the privy council, which allowed the trust s appeal against the judgment of lahore high court (that rejected exemption for the trust s income for ..... section 2 (15) of the it act (which came into force on 01.04.1962 and repealed the old it act) defined charitable purpose as follows: (15) charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying ..... chapter v of the .....