Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: chennai Page 12 of about 31,106 results (0.053 seconds)

The Management, Thirunelveli District Vs. V. Arasi and Others

Court : Chennai Madurai

..... employee) employed in the execution of the work any compensation which he would have been liable to pay if that (employee) had been immediately employed hy him; and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wagers of the (employee) under the employer by whom ..... workman employed in the execution of the work any compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by ..... appellant contended that the deputy commissioner of labour failed to consider:- (i) the fact that the appellant is not an industry or public utility and that the provisions of labour laws and workman compensation act are not applicable to the appellant; (ii) the documents filed by appellant along with counter which form part of the records; (iii) having held that third respondent is a contractor and the appellant ..... the executing court shall pass appropriate orders in accordance with law as to the manner in which the owner of the ..... dated 03.09.2015 in cma no.2334 of 2008 (the communications limited vs. .....

V.Vaiyapuri and ors. Vs. Government of Tamil Nadu and anr.

Court : Chennai

..... for the records relating to the proceedings in pro.no.ab1/55820/2007 dated 29.4.2008 issued by the second respondent, quash the same to the limited extent of non-selection of the petitioner in the said panel and to issue consequential direction to the respondents to include the name of the petitioner in the panel for promotion for the year 2007-2008 in the appropriate place therein and promote him as forester with retrospective effect from the date ..... (d)no.90, environment and forests (fr.9b) department, dated 17.4.2008, to quash the same and to issue consequential directions to the respondents to include the name of the petitioner in the panel for 2007-2008 for promotion as forest ranger in the appropriate place therein and to promote him with retrospective effect from the date of promotion of his immediate junior with all consequential benefits.2. ..... and the administrative decisions (judicial review) act, 1977 of australia whereby the orders passed by certain specified authorities are excluded from the ambit of the enactment. ..... the direction to give an explanation is an empty formality, in other words, the disciplinary authority has already prejudged the issue and therefore, the respondents have acted with bias. ..... it may do so by making an express provision to that effect as those contained in the administrative procedure act, 1946 of u.s.a. .....

Spic Pharma Employees Union Vs. State of Tamil Nadu and ors.

Court : Chennai

..... settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at and thereafter, under section 12(5), the appropriate government, on a consideration of the report, if satisfied that there is a case for reference to the labour court, tribunal or national tribunal, it may make such reference. ..... dispute is arrived at in the course of the conciliation proceedings, the conciliation officer shall send a report thereof to the appropriate government together with a memorandum of the settlement signed by the parties to the dispute. ..... exercising jurisdiction under section 10 of the 1970 act, the appropriate government is required to apply its mind. ..... should first consider and endeavour for an amicable settlement by hearing both parties and pursuing them and it is only on the failure of such efforts, he would send his report to the appropriate government, whereupon, the government would decide either to make a reference or not.8. ..... exception of the above is, when the court finds that the appropriate government refuses (sic refusal) to make a reference of a ..... settlement before the 2nd respondent, is unable to reach any settlement, the 2nd respondent has to submit the final failure report and only thereafter, under section 12(5) of the industrial disputes act, 1947, the government got discretionary power to refer or not to refer the dispute to the industrial tribunal or the labour court. .....

Sivanandam (S.) Vs. Press Superintendent, Southern Railway, and anr.

Court : Chennai

Reported in : (1969)IILLJ373Mad

..... the reference to the notice under section 25f(c) was somewhat inappropriate and incongruous, because that notice is intended to be given to the appropriate government or the authority specified by that government for the purpose and it is only the notice under section 25f(a) that is meant for ..... been the government but only a private employer, the petitioner would not be able to approach this court under article 226 of the constitution of india, that he would have to seek the appropriate remedy open to him under the provisions of the industrial disputes act and that therefore i should not entertain the present writ petition. ..... has filed the present writ petition praying for the issue of a writ of certiorari to quash the order of retrenchment dated 22 november 1966 passed by respondent 1 herein, or for any other appropriate writ of like nature and for passing such further or other consequential order or direction. ..... compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months; and(c) notice in the prescribed manner is served on the appropriate government or such authority as may be specified by the appropriate government by notification in the official gazette.3. ..... contends is that, because the petitioner can have adequate remedy under the provisions of the industrial disputes act, this court should not exercise its discretion under article 226 of the constitution in favour of the .....

Tamil Nadu Atomic Power Employees Union Vs. Nuclear Power Corporation ...

Court : Chennai

Reported in : (2001)IILLJ192Mad

..... change through their letter dated may 6, 2000, that a strike notice was also marked to the conciliation officer, that in such circumstances, by virtue of the operation of section 20(1) of the industrial disputes act, the conciliation deemed to have commenced, that by a notice dated may 8, 2000, the conciliation officer initiated conciliation proceedings by calling upon he parties to come for conciliation on may 11, 2000, that when ..... the general relations between the employer and the employees in the region is likely to be adverse; (f) the person concerned is not a workman as defined by the act; (3) the government should not act on irrelevant and extraneous considerations; (4) the government should act honestly and bona fide; (5) the government should not embark on adjudication of the dispute; and (6) the government should not refuse reference on the ground that domestic enquiry ..... power under section 10(1) of the act, the: function of the appropriate government is an administrative function and not a judicial or quasi-judicial function, and that in performing this administrative function the government cannot delve into the merits of the dispute and take upon itself the determination of the lis, which would certainly be in excess of the power conferred on it by section 10 of the act. ..... to say that the remedies provided by the industrial disputes act are not equally effective for the reason that access to the forum depends upon a reference being made by the appropriate government. .....

State of Madras Vs. K. Nandagopal Chetty

Court : Chennai

Reported in : [1968]22STC290(Mad)

..... subject to certain conditions, and where the requisites for the concessional rates are not satisfied, sub-section (2) subjects the transactions to a rate specified therein or the rate for such goods prevailing in the appropriate state, whichever is higher. ..... 'appropriate state' is denned by section 2(a) to mean, in relation to a dealer who has one or more places of business situate in the same state, that state, and in relation to a, dealer who has places of business situate in different states, ..... (1) the tax payable by any dealer under this act on sales of goods effected by him in the course of inter-state trade or commerce (whether such sales fall within clause (a)'or clause (b) of section 3) shall be levied and collected by the government of india in the manner provided in sub-section (3) ..... section (1), which is subject to the other provisions contained in the act, visualises a multi-point tax on inter-state sales. ..... shall briefly notice the provisions of the central sales tax act, 1956, as amended and applicable to that assessment year. ..... may be said that the construction we are inclined to place upon the proviso suffers from this weakness, namely, that the jurisdiction of the taxing state will depend upon the act or failure on the part of the subsequent seller. ..... such a case there is nothing in the act which obliges the respondent to obtain form c. ..... subjected to tax at 7 per cent, under the proviso to section 9(1) read with the proviso to section 6(2) of the central sales tax act, 1956. .....

M/S. Tamil Nadu Traders Vs. Joint Commissioner (Smr)

Court : Chennai

..... law makers have given reasons, which are as follows: the committee has recommended that section 34 of the act should be amended to specifically provide that suo motu revision can be restricted to cases where the order or proceeding recorded by the appropriate authority or appellate authority is prejudicial to the interests of revenue and the exercise of suo motu revision by the commissioner of commercial taxes shall not become time-barred as a result of pendency of an appeal before the supreme ..... , which came into effect from 1.11.1982, section 34 of the act stood as follows: section 34: special powers of joint commissioner of commercial taxes:(1) the joint commissioner of commercial taxes may, of his own motion, call for and examine an order passed or proceeding recorded by the appropriate authority under section 4-a, section 12, section 12-a, section 14, section 15 or sub-section (1)(or (2) of section 16 or an order passed by the appellate assistant commissioner under sub-section (3) of section 31 or by the appellate deputy commissioner under .....

The Special Officer Vs. the Presiding Officer and ors.

Court : Chennai

..... in such circumstance, though the labour court has power to award interest in appropriate cases, in the absence of any provision in the main award itself for interest, the same cannot be granted while computing, the amount in an application filed under s.33c(2) of the act. ..... the supreme court while deciding the scope of section 32-g of the state financial corporations act, 1951, compared the provision by way of analogy with section 33-c(1) vide its judgment in delhi financial corpn. v ..... in the decision cited above itself suggests, interest on equitable grounds can be granted in appropriate cases. ..... bank of india, reported in (1999) 6 scc 406 in paragraph 6 had held as follows: 6......interest may also be awarded in lieu of compensation or damages in appropriate cases. ..... paragraph 10, it was observed as follows: 10.we are therefore of the opinion that interest on equitable grounds can be awarded in appropriate cases. ..... has been held that a borrower who has no genuine intention to repay and who adopts pretexts and ploys to avoid repayment cannot make a grievance that the financial corporation was not acting fairly, even if the requisite procedure has not been followed. ..... while the writ petition was pending before the principal bench, the second respondent filed a claim petition in c.p.no.247 of 1993 under section 33c(2) of the industrial disputes act claiming wages of rs.78,960.50 towards backwages and rs.10,666/- towards bonus. ..... (md).no.1 of 2008 and no orders were passed in that petition. 5 .....

Commissioner of Income-tax Vs. K.L. Varadarajan

Court : Chennai

Reported in : [1970]75ITR23(Mad)

..... in the course of such re-opening of the assessments, requested that the income during the three years in question should be taxed at rates appropriate to his world income and that the omission on his part to make the declaration earlier under section 17(1) was due to inadvertence and ignorance ..... consolidated statement drawn up for the purpose and they are as follows: the original assessments of the assessee, who derived income by way of dividends on shares and interest on deposits, were completed under section 23(3) of the act on january 31, 1966, december 27, 1956 and february 28, 1958, for the years corresponding to the assessment years 1955-56, 1956-57 and 1957-58. ..... the commissioner of income-tax required the appellate tribunal under section 66(1) of the indian income-tax act, 1922, to refer the following question of law which is said to arise out of the consolidated order of the income-tax appellate ..... proviso gives him the privilege provided he acts in a particular way and in the ..... this overt act on his part is sufficient to negative any relief to him under the provisos ..... 'all assessments thereafter' appearing in both the provisos could only apply to all 'assessment years thereafter and 'not to assessments made by the revenue in exercise of its powers under section 34 of the act.7. ..... that as the assessee exercised his option after the prescribed date, the declaration cannot have effect on the assessments before this, even though they were taken up under section 34(1)(b) of the act. .....

Sajjan Bank (Private) Ltd., Alandur Vs. Reserve Bank of India, Madras

Court : Chennai

Reported in : AIR1961Mad8; [1960]30CompCas146(Mad)

..... was prescribed by a statute was only a regulation of trade by the issue of licence and not the insistence of a permit.the question then is whether the provisions of section 22(1) of the banking companies act which require a licence for carrying on business by a banking company should be held a system of enabling the doing of such a business by the issue of permits or whether only a licence intended to regulate the, business of ..... provided no company shall carry on banking business in india, unless it holds a licence granted by the reserve bank in such behalf; (2) every banking company in existence on the commencement of this act, before the expiry of six months from such commencement and every other company before commencing banking business in india, shall apply in writing to the reserve bank for a licence under this section; ..... following the observations of the supreme court, i am of the opinion that in the present case there is sufficient legislative guidance for the granting of licence embodied in the provisions of the act and of section 22 in particular and the delegation of the power having been made to a non-political body who is statutorily vested with the credit structure of the country, it could ..... up with particular ends in view and it is the achievement of the particular ends that guides the discretion of the appropriate government in the matter of setting up one or the other of them.the purpose sought to be achieved by the act has been well defined in the preamble to the act. .....