Court : Supreme Court of India
Reported in : AIR1970SC398; (1969)2SCC334; [1970]1SCR593
..... or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.by the constitution (seventeenth amendment) act, 1964, it was clearly enacted that under any law which provides for the acquisition of any land in an estate under the personal cultivation of the holder, compensation shall not be less than the market value ..... (e) ...shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14, article 19 or article 31 :.the principal act 16 of 1960 and the amending act 13 of 1965 were both acts enacted for ensuring agrarian reform, and the lands held by the petitioners were 'estates' within the meaning of article 31-a. ..... it was not held that the other provisions of the act were in force even before an appropriate notification was issued. ..... section 1(3) of act 16 of 1960 is undoubtedly a law in force, but until the power is exercised by the state government to issue an appropriate notification, the provisions of ch. ..... it was urged however, and that plea has found favour with the high court, that section 47 incorporated by act 13 of 1965 which provided for compensation not based on the market value of the land but at fifteen times the fair and equitable rent is inconsistent with article 31-a, proviso 2, and is on that account void. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC344; [1970(20)FLR33]; (1969)3SCC925; [1970]2SCR348
..... , who delivered the judgment of the division bench was of the view that the work carried out by the inspectors under the act of seeing that all its beneficent provisions for the health and welfare of the workers employed in the factories were fully implemented must definitely be regarded as services rendered in return for the fee levied for ..... the high court the appellant company never made out any case that the collections on account of the licence fee were merged in the general public revenue and were pot appropriated in the manner laid down for the appropriation of expenses for the department concerned.10. ..... certifying surgeon has to carry out such duties as may be prescribed in connection with the examination and certification of young persons under the act, the examination of persons engaged in factories in dangerous occupation or process as also the exercising of medical supervision. ..... gokhale the inspectors only carry out the duties laid on them under the act and all that they have to do is to ensure that the statutory provisions and the rules are carried out properly and launch prosecutions against factory owners under the provisions of chapter x of the act in case of any breach or default on the part of the factory ..... the inspectors who are appointed under the act to ensure that its provisions are complied with by the factory owners constitute a policing agency and it is not possible to say that the power and duties of the inspectors when exercised arid carried out amount .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC488; [1970(20)FLR316]; (1970)ILLJ351SC; (1969)3SCC95; [1970]2SCR726
..... law lexicon in british india by ramanathan iyer 'incidental power' is stated to be, power that is directly and immediately appropriate to the existence of the specific power granted and not one that has a slight or remote relation to it. ..... the respondents through the assistant secretary of the national railway mazdoor union work-shop branch, jhansi had asserted in their application under section 15 that they were workers within the meaning of section 2(1) of the factories act (63 of 1948) and complained that they were denied wages for overtime work done by diem on the erroneous ground that they were not workers within the aforesaid ..... this decision deals with the employees state insurance act and on a comparison of the definition of the word 'employee'' as contained in section 2(9) of that act with the definition of the word 'worker' in section 2(1) of the factories act, it is observed that the former definition is wider than the ..... according to this conclusion, are timekeepers who maintain attendance of the staff, job card particulars of the various jobs under operation and time-sheets of the staff working on various shops dealing with the production of railway spare-parts and repairs etc. ..... it is further added that the benefit of the factories act does not extend to field workers working outside the factory whereas the benefit of the employees state insurance act extends inter alia to the employees mentioned in section 2(9)(i) whether working inside the factory or establishment or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC694; (1969)3SCC268; [1970]2SCR835
..... justice rowlatt observed at page 235 :now it is argued, and to my mind argued most forcibly, that that shows that what those who use the language of the act of 1842 meant, when they spoke of an office or an employment, was an office or employment which was a subsisting, permanent, substantive position, which had an existence independent from the person who filled it, which went on ..... justice rowlatt said thus :now it is argued, and to my mind argued most forcibly, that that shows that what those who use the language of the act of 1842 meant, when they spoke of an office or employment which was a subsisting permanent, substantive position, which had an existence independent from the person who filled it, which went on and was filled in ..... court or tribunal, the aforesaid offices shall not disqualify or shall be deemed never to have disqualified the holders thereof for being chosen as, or for being, members of the rajasthan legislative assembly as if this act had been in force on the date the holder of such office filed his nomination paper for being chosen as a member of the rajasthan legislative assembly.18. ..... in that case read as follows :you will be expected to watch cases coming up for hearing against this railway in the various courts at ujb and give timely intimation of the same to this office. ..... various meanings and we have to see which is the appropriate meaning to be ascribed to this word in the context. ..... is the appropriate meaning to be applied to the word 'office' in article .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC675; 1970CriLJ743; (1970)1SCC219; [1970]3SCR225
..... that no hard and fast rule can be laid down as to the measure of time taken by the appropriate authority for consideration but it has to be remembered that the government has to be vigilant in the governance ..... of the fact that there is a fundamental right of the detenu to have the representation considered by the appropriate government such right will be rendered meaningless if the government will not deal with the matter expeditiously but at its ..... decided on 10-9-1969 this court observed that 'it is implicit in the language of article 22 that the appropriate government, while discharging its duty to consider the representation cannot depend upon the views of the board on ..... any delay would not only be an irresponsible act on the part of the appropriate authority but also unconstitutional because the constitution enshrines the fundamental right of a detenu to have his representation considered and it is imperative that when the liberty of a person is in peril immediate action ..... after he had received the representation of the petitioner from the state government, secondly, that the superintendent, railway police took a little time to submit a report, thirdly, the deponent after being satisfied about anti-social activities of the petitioner informed the state government on 12 august, 1969 to the ..... the affidavit of the deponent to find out as to when the deponent entrusted the said enquiry to the superintendent, railway police and further as to what time was taken for enquiry and report. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1970)1SCC125a; [1970]3SCR278
..... under sub-section (2) of section 17 the collector may immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government enter upon and take possession of the land if the same be needed owing to any sudden change in the channel of any navigable river or other unforeseen emergency it becomes necessary for any railway administration to acquire the immediate possession of any land or for incidental purposes. ..... sub-section (1) of section 4 of the act provides as follows:whenever it appears to the appropriate government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the official gazette, and the collector shall cause public notice of the substance of such ..... but the issue of a notification under sub-section (1) of section 4 is a condition precedent to the exercise of any further powers under the act and in our opinion a notification which does not comply with the essential requirement of that provision of law must be held to be bad.8. ..... the case being one of urgency the governor was further pleased under sub-section (1) of section 17 of the act to direct the collector of rampur, though no award under section 11 has been made, on the expiration of the notice mentioned in sub-section (1) of section 9 , to take possession of the land, being waste or arable land mentioned in the schedule .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1970(20)FLR81]; (1970)1SCC108; [1970]3SCR302
..... of services and posts in connection with the affairs of the state to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have effect subject to the provisions of any such ..... article 309 provides that subject to the provisions of the constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state. ..... these regulations are evidently framed on the basis of section 241 of the government of india act, 1935, a provision which permitted the state governments to make rules regulating the recruitment and conditions of service of persons appointed to state service. ..... : [1958]1scr1052 this court proceeded on the basis that a rule providing for the termination of the service of a railway official can be made in exercise of the powers conferred on the government by sections 241(2), 247 and 263(3) of the government of india act, 1935.9. ..... suraj narain anand [1948] l.r.75 indap 343took the view that a right of dismissal is a condition of service within the meaning of the words under section 243 of the government of india act, 1935.8. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1407; [1970(20)FLR399]; (1970)IILLJ266SC; (1970)1SCC735; [1971]1SCR177
..... after naming these services the definition adds :(vi) any industry specified in the first schedule which the appropriate government may, if satisfied that public emergency or public interest so requires, by notification in the official gazette, declare to be a public utility service for the purposes of this act, for such period as may be specified in the notification.provided that the period so specified ..... has led to that dispute, but does not include any such person --(i) who is subject to the army act, 1950, or the air force act, 1950 or the navy (discipline) act, 1934; or(ii) who is employed in the police service, or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) ..... to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment ..... it will be noticed that these services are :(i) any railway service or any transport service for the carriage of passengers or goods by air;(ii) any section of any industrial establishment on the working ..... (other than railways) for the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1970)2SCC321; [1971]1SCR650
..... in the special leave application, the appellant has averred that the judicial magistrate passed the order under section 138 of the indian railways act on august 30, 1969-- only five days after the order of the high court dismissing his writ petition--and it is contended that the impugned order must for that reason be held to have been inspired by malice ..... as the possession of the tea and refreshment stalls was not delivered by the appellant to the railway administration, the latter applied to the judicial magistrate, kalol under section 138 of the indian railways act for securing possession of the aforesaid premises. ..... section 138 of the railways act provides for summary remedy for delivery to railway administration of property detained by a railway servant. ..... in limine criminal revision against the order of the sessions judge dated october 4, 1969 dismissing the appellant's revision from the order of the judicial magistrate, kalol dated august 30, 1969 granting the application of the railway administration under section 138 of the indian railways act and directing the p.s.i. ..... keeping in view the purpose and object of these agreements, namely, that of affording necessary amenities to the travelling public, retention of this overall power by the railway administration is not only appropriate but necessary. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1650; (1971)73BOMLR896; (1970)2SCC744; [1971]2SCR110
..... report to the government of gujarat that according to the rules the respondents should have commenced construction of the 'annexe' only after obtaining the 'no objection certificate' under the act, but since the building was constructed with the sanction of the municipality and the building was in conformity with the rules, he recommended that the 'no objection certificate' be ..... by sub-section (1) of section 5 the licensing authority is prohibited from granting a licence unless it is satisfied that the rules made under the act have been substantially complied with and adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for ..... the record that the state government did not correctly apprise itself of the facts when it gave its directions to the licensing authority to dismiss the application, and the state government also acted in violation of the rules which inhere the exercise of judicial power when it dismissed the appeal without giving reasons. ..... 14, 1963 the respondents applied to the district magistrate [who is the licensing authority under the bombay cinemas (regulation) act 11 of 1953] for a 'no objection certificate' to the user of the 'annexe' to be constructed on the ..... 'no objection certificate' it appears however from the report of the licensing authority that plans of the building intended to be constructed complied with the rules framed under the act and the building constructed did not contravene the provisions of the .....
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