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M/S. the Indian Hume Pipe Co. Ltd. and Another Vs. Bangalore Water Sup ...

Court : Karnataka

Reported in : AIR1990Kant305; ILR1990KAR1153

..... alone does not enable the appellant-company to succeed so as to contend that the second respondent is ineligible because under the invitation to tender, there is yet another category namely, others who get themselves registered with bangalore water supply and sewerage board, either before submission of tenders or before execution of agreements on - the entrustment of work to the tenderers. ..... based on the prc, entrepreneur can approach the ksidc for allotment of shed, karnataka industrial area development board for allotment of plot, financial institution for loan, purchase/import or plant and machineries and approaching karnataka electricity board for sanction of power etc.on implementing the above, the unit will be ready for trial production on procurement ofthe required raw material. ..... there may be cases in which both vices may be shared by a single act but a discriminatory action cannot be upheld by substituting the test of reasonableness and public interest for the imperative mandate of equality enshrined in art. ..... in fact the court pointed out at the end of the judgment that the act of the government was not 'shown to be vitiated by such arbitrariness as should call for interference by the court', recognising clearly that if the rejection of the tender of the 1st respondent were arbitrary, the court would have .....

Agricultural Produce Market Committee Vs. Shri Ashok Harikuni and anr. ...

Court : Supreme Court of India

Reported in : AIR2000SC3116; [2000(87)FLR638]; 2000(6)SCALE461; (2000)8SCC61; [2000]Supp3SCR379

..... this court held:with regard to the activities of the irrigation department and as also the tests laid down in various decisions of this court particularly applying the dominant nature test in bangalore water supply and sewerage board case (supra), it was held to be an 'industry'.24 ..... court in bangalore water-supply & sewerage board ..... led this court, in bangalore water-supply & sewerage board, etc. v. ..... reliance is placed by learned counsel for the appellant to the following observations of this court in bangalore water-supply case (supra) which is an exception which excludes it from the operation of the central act:in any case, it is open to parliament to make law which governs the state's relations ..... we were to extend the concept of sovereign function to include all welfare activities as contended on behalf of the appellants, the ratio in bangalore water supply case would get eroded, and substantially. ..... of market committee holding the classes of posts specified in sub-sections (1), (2) and (3) of section 58, on the date immediately prior to the date of commencement of that act, shall, with effect from the date of such commencement become officers and servants of the state government sub-section (1-a) provides, notwithstanding anything contained in this act or in any other law for the time being in force, officers and servants of the market committee holding such classes of posts on such dates as may be ..... appointed as a peon on 18th march, 1964 whose appointment was approved on 26th march .....

Ramen Baruah Vs. Presiding Officer, Labour Court of Assam and anr.

Court : Guwahati

..... the definition of 'industry' under section 2(j) of the industrial dispute act, was considered by a seven judges bench of the apex court in the case of bangalore water supply and sewerage board v. ..... in the bangalore water supply and sewerage board (supra) case, the apex court further held that in government department discharging their function, if there are units which are industries and they are substantially severable and they can be considered to come within the purview of industry. ..... as regards charitable enterprises, the apex court observed in the bangalore water supply and sewerage board (supra) case as below : '180. ..... in view of the above, the decision of bangalore water supply and sewerage board (supra) rules the matter. 6. ..... it may be mentioned at this stage that in the year 1982, the legislature decided to amend the definition of 'industry' in view of the decision of the bangalore water supply and sewerage board (supra) case. ..... indira devi, air 1998 sc 2801, a two judges bench of the apex court was of the view that the decision of the bangalore water supply (supra) case needs re-consideration. ..... either in the sense that they involve the rendering of free or near-free services or in the sense the profits which they yield are diverted to charitable purpose, are not beyond the pale of the definition in section 2(j), it is as much beside the point to inquire who is the employer as it is to inquire why is the activity undertaken and what the employer does with his profits, if any.' 8. .....

M/S. Happy Home Builders (Karnataka) Pvt. Ltd. and Others, Etc. Etc. V ...

Court : Karnataka

Reported in : AIR1990Kant56; ILR1989KAR1430

..... 1982; that on 20-7-1982 the 1st petitioner wrote a letter to the commissioner requesting him to issue a 'no objection' certificate in favour of the karnataka electricity board and the bangalore water supply and sewerage board for the purpose of obtaining water and sanitary connections to the said building but no reply was received to the said letter; that subsequently the 1st petitioner as required by the sub-committee constituted by the state government after the collapse of the gangaram ..... on the assumption that it will be able to construct the building in accordance with the sanctioned plan and flats therein would be available for occupation to the owners of such flats; that the 1st petitioner has invested about rs.75,00,000/- for the construction of the apartments and has raised huge loans and it has to pay huge interest on the loans raised by it from banks and others; that after the collapse of the gangaram building the 1st petitioner was asked ..... the facts in all these petitions will have to be noted individually since there is slight variation in the facts in regard to the petitions in which the validity of the notice under section 321 of the act is challenged and in regard to the petitions in which a direction tor the issue of occupancy certificate is sought for.13. ..... the fact that occupation certificates have been granted to other builders who had allegedly violated the provisions of the act would not attract the constitutional guarantee under art. .....

Sharadamma and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2005KAR3710; 2005(4)KarLJ481

..... a layout to which section 16 refers, includes every step by which an area of land is converted into building sites to render it suitable for construction of houses and buildings, and necessarily involves the formation of roads, arrangements for conservancy, sewerage, drainage, water supply and lighting, section 25(2) of the city of bangalore improvement act, 1945 which insists on the provision for such amenities in the case of a private layout, indicates ..... to examine whether the petitioners are entitled for enquiry in the matter before issuing final notification by the government keeping in view their fundamental rights guaranteed under article 19(1)(e) and (g) of the constitution of india the right to reside and article 21 the right to live which are most important aspects for life, which also includes livelihood as held by the apex court in ..... and interested persons to section 17 notification and to these writ petitions and in the course of arguments the learned counsel for the petitioners, specific plea is taken that the bda has no territorial jurisdiction to undertake development scheme in the bangalore metropolitan area and to acquire the lands in question as they are beyond the bangalore mahanagara palike area and situated under the jurisdiction of other local authorities such as town municipal councils and gram panchayats constituted under the karnataka municipalities act, 1964 and ..... when it must be compensated in money afterwards is nothing more or less than a forced loan. .....

State of Karnataka, Represented by Its Secretary to Government, Financ ...

Court : Karnataka

Reported in : ILR2007KAR1500; (2009)19VST535(Karn); 2007(3)KCCRSN194(DB)

..... the tribunal, which has taken into consideration plea of the respondent appears to have weighed it in its favour only on the basis of the decision of this court in the case of bangalore water supply and sewerage board, bangalore v. ..... the apex court dismissing the appeal held thus:(i) that since the pwd was not a registered dealer the presumption under section 6(c) applied, that the entry of the goods had been effected by the appellant into the local area before they were purchased by the appellant;(ii) that in order to attract entry tax not only the property in ..... we have, therefore, no hesitation in recording that the supply of diesel by the respondent to the contractors is a 'sale' within the meaning of sub-section (1) of section 2 of the act. ..... the assessment under kst act for the year 1997-98, 1998-99, 1999-2000 and 2000-01 were reopened under section 12-a of the act by the assessing officer. ..... since passing of such items as properties had not passed to the contractors, this court had held that there was no sale within the meaning of sub-section 1 of section 2 of the act. ..... the assessment which was done under section 12-a of the act was initially at rs. ..... it falls within the definition of sale as defined under the provisions of section 2(f) of the income tax act. .....

The Registrar, University of Madras, Chepauk, Madras - 600005 and Othe ...

Court : Chennai

Reported in : (1995)IIMLJ367

..... further, after the decision in bangalore water supply and sewerage board case : (1978)illj349sc , the parliament has passed the amendment act 46 of - excluding education, scientific, research or training institution from the definition of 'industry', making clear the intention of the ..... the commission proceeded to refer to bangalore water supply and sewerage board case : (1978)illj349sc and held that it was a binding precedent ..... commission also referred to the judgment of the supreme court in the bangalore water supply and sewerage board v. a. ..... is to be considered as an impediment for permitting a citizen from availing of the remedies under the act against government hospitals and services rendered therein or by and large, generally no consideration is paid for the services rendered to a patient in such places, we fail to see what real or substantial change has been brought about by the mere addition of the words 'avails of' in section 2(1)(d) of the act when the definition of 'service' in section 2(1)(o) remained unaltered and still continues to exclude the rendering of any service free of charge. ..... argument is developed as follows :- the composition of the forum at the various levels under the act takes away the guarantee of a fair trial before the forum as the majority of the members are legally untrained. ..... when banks advance loans or accept deposit or provide facility of locker they undoubtedly render as much service as private ..... the bank was granting loans to madura sugars ltd .....

G. Pandari Babu Vs. Chairman, Coir Board and ors.

Court : Andhra Pradesh

Reported in : 2002(5)ALD486

..... we, therefore, direct that the matter be placed before the hon'ble chief justice of india to consider whether a larger bench should be constituted to reconsider the decision of this court in bangalore water supply and sewerage board (supra). ..... thereafter, in bangalore water supply and sewerage board v. a. ..... now that it has emerged that the supreme court had declined to reconsider the judgment in bangalore water supply case (supra) and an indication was given in coir board, ernakulam, cochin case (supra), that the parameters stipulated in the bangalore water supply case (supra), would bring coir board within the definition of 'industry' and the respondent is under obligation to follow the procedure prescribed under section 25-f of the act.13. ..... the bench took the view that the test laid down in bangalore water supply case (supra) was rather sweeping, and in that view of the matter, opined that the same needs to be considered afresh and accordingly passed the following order:'25. ..... indira devi, : (1999)illj1109sc , wherein it was held as under:'the judgment delivered by seven learned judges of this court in bangalore water supply case does not, in our opinion, require any reconsideration on a reference being made by a two judge bench of this court, which is bound by the judgment of the larger bench.'12. ..... however, if one were to apply the tests laid down in bangalore water supply and sewerage board's case (supra), it is an organisation where there are employers and employees. .....

State of Haryana Vs. Jai Kishan and anr.

Court : Punjab and Haryana

Reported in : (2001)IILLJ1159P& H

..... in the bangalore water supply and sewerage board case (supra), their lordships, after a threadbare analysis of the definition of industry in the context of various judicial precedents, culled out the following propositions:'i ..... 1 was a daily wage employee and therefore, the provisions of sections 2(oo) and 25f of the act are not attracted in this case. ..... 1 had worked under the employer for a period of 240 days in 12 months preceding the termination of his service and that before terminating his service, the condition precedent enshrined in sections 25-f(a) and 25-f(b) of the act had not been complied with. ..... is not covered by the definition of workman and as such the so-called termination of his service cannot be nullified on the ground of violation of section 2(oo) read with section 25f of the act. ..... the petitioner has challenged the impugned award on the following grounds:(a) the irrigation department of the state does not fall within the term of 'industry' as defined in section 2(j) of the act and, therefore, respondent no. ..... of this court in theyyam joseph case air 1996 sc 1271 : 1996 (8) scc 489 : 1996-ii-llj-230 (supra), held that the functions of the postal department are part of the sovereign functions of the state and it is, therefore, not an 'industry' within the definition of section 2(j) of the industrial disputes act, 1947. ..... by an order passed under section 10(l)(c) of the industrial disputes act, 1947 (for short, the act), the state government made a reference to respondent .....

The Management of Haryana Urban Development Authority Vs. Miss Neelam ...

Court : Punjab and Haryana

Reported in : (1993)104PLR552

..... 1953 s.c.58 , and bangalore water supply and sewerage board v. a. ..... . the above cited judgment has further taken note of judgments reported as bangalore water supply and sewerage board v ..... . the emphasis has been laid down by judicial precedent as approved by bangalore water supply and sewerage board v. a ..... authority shall have the power to acquire by way of purchase, transfer, exchange or gift, held, manage, plan, develop and mortgage or otherwise dispose of land and other property, to carry on by itself or through any agency on its behalf, building, engineering, mining and other operations, to, execute works in connection with supply of water, disposal of sewerage, control of pollution and any other services and amenities and generally to do anything, with the proper approval, or on direction on the state government, for carrying out the purposes of this ..... explanation :-for the purpose of this sub clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 ; or(2) hospitals or dispensaries ; or(3) educational, scientific, research to training institutions; or(4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, special or philanthropic service ; or(5) khadi or village industries ; or(6) ' any activity of the government relatable to the sovereign ..... . 1964 s. c .....