Court : Supreme Court of India
Reported in : 2009(5)ALT1(SC); JT2009(9)SC229; (2009)IVLLJ57SC; 2009(9)SCALE99; (2009)8SCC431; 2009(7)LC3037(SC):669458
..... taking care of the reservation for these categories. government have constituted district selection committees and some ad hoc selection committees besides the andhra pradesh public service commission to take up recruitment in accordance with law in government departments. irregular appointments are depriving these legitimate recruiting bodies from performing their functions. irregular ..... the employment exchange. section 4 of the act lays down that no recruitment in any public service to any post in any class, category or grade shall be made except from the panel of candidates selected and recommended for appointment by the public service commission/college service commission or from a panel prepared by any ..... were used for judging reasonableness of the classification made in an enactment to see if it infringed or was contrary to the constitution. in central bank of india v. workmen : [1960]1scr200 , it was held that the statement of objects and reasons can be used for the limited purpose .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2003]117CompCas660(P& H)
..... selected, or to settle the points of finality or procedure which they agreed to be specially observed, and it would have been open to parliament to permit the commission to act within such limits. but where these things have not been done, the court of record must follow its own and its authorised lines.'15.1 from the aforesaid, ..... nor is there any apparent overlapping or conflict between them, accordingly, in the absence of any conflict between the two provisions, in our view, the judgment rendered in allahabad bank's case (2000) 2 comp lj 170 (sc), supra, is not relevant to resolve the controversy before us.13. in the same strain and in order to arrive at ..... advanced by learned counsel for the respondents connected therewith. learned counsel for the respondents has placed reliance on the decision rendered by the supreme court in allahabad bank v. canara bank and anr., (2000) 4 scc 406: (2000) 2 comp lj 170 (sc), wherein while interpreting sections 17 and 18 of the recovery of debts due to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... void'. section 100 provides an appeal to the high court against the orders of the election tribunal.11. sections 11 and 89 of the state election commission act, being relevant to the issue involved are reproduced below:11. disqualifications for membership of a panchayat or a municipal, a person shall be disqualified for ..... of the gram panchayat can be set aside only if he incurs any of the disqualifications as provided in section 11 of the punjab state election commission act, 1994 and since the appellant's case does not fall within the ambit of the said section, the impugned order passed by the election tribunal, ..... to establish a state election commission for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of elections to panchayats and municipalities, section 4 thereof provides qualification for appointment as election commissioner. chapter iii (sections 5 to 10), of this act pertains to the service conditions of election commissioner. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC604; [1956]30ITR163(SC); [1956]1SCR577
..... verification of the return while expressly adopting the provisions of that code relating to the attendance and examination of witnesses, production of documents and issuing of commission for examination and for service of notices under sections 41 and 60 respectively, cannot be regarded as wholly without significance'. 17. this reasoning applies with equal force to the provisions ..... the foundation of the contention of the appellant that the right which a person has under the general law and under section 2 of the powers-of-attorney act to act through an agent has not been taken away or abridged by the section. he relies in support of his contention on the following rules of construction : (1 ..... the nature of the right conferred by the section. the act is, as stated in the preamble, one to consolidate and amend the law relating to income-tax. the rule of construction to be applied to such a statute is thus stated by lord herschell in bank of england v. vagliano [1891] a.c. 107 : 'i think .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629
..... were formed by grouping together one or more of the former princely states. after the recommendations of the states reorganisation commission in 1955, the constitution was amended to classify the units of the indian union into states and union territories.5. ..... large number of separate judgments that litigants are encouraged to raise the plea in respect of every conceivable piece of delegation banking on an off chance of being ultimately successful.(4) the magnitude of the controversies raised on this issue is so ..... difficult to define the scope of 'essential legislative function' which cannot be delegated. in the ultimate analysis, only lip service is paid to the doctrine of legislative policy and guidance and courts are inclined to grab at the weakest of ..... affirmative address of each house that the measure is converted into legislation. there is thus no real analogy between that act and the act before us. however, the provision has to be upheld, because, though it goes to the farthest limits, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175
..... that she was only appointed as apprentice trainee and not recruited through the electricity service commission . though the respondent has denied that she was not appointed by the appellant-management for training but she was working against a regular post of the nature. ..... to 3.7.1989 under the provisions of the apprentices act, 1961 and on completion of the training the management is not under an obligation to give her employment. it was also alleged that the regular recruitment to the post of clerk is done by the electricity service commission according to the prescribed rules and it was pointed out ..... central government or by a railway company, or (ii)such controlled industry as may be specified in this behalf by central government, or (iii) banking and insurance companies as defined in the industrial disputes act, 1947, or (iv)a mine or an oil-field;' 48. this definition of 'industrial dispute' is pari materia with that of the industrial .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR26; 2006(5)BomCR490; (2007)ILLJ965Bom
..... injustice, anomaly or absurdity or invalidation of a law. the court permitted the statement of objects and reasons, parliamentary debates, reports of committees and commissions preceding the legislation and the legislative history being referred to for the purpose of gathering the legislative intent in such cases. the law so stated does ..... under the heading 'disappointment money'. it is further submitted that in case the workers regularly covered by the industrial disputes act are held to be covered by the scheme framed under the act, services of such employee would have to be terminated so as to enable him to join the board, there will be ..... workers working in a scheduled employment would be unprotected workmen, manual worker engaged directly in a 'scheduled employment' will be rendered 'illegally employed'. the services of existing manual workers engaged directly in a scheduled employment will have to be terminated and their posts permanently abolished and be engaged through the board as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1309; JT1998(2)SC457; 1998(2)SCALE300; (1998)3SCC654; [1998]2SCR212
..... the defendant denied the title of plaintiff no. 3 who is the real owner of the property she would get out of the protection act and none of the provisions of the said act can ever be pressed in service by the defendant as a shield of protection against the real owner of the property, namely, plaintiff no. 3. in other words ..... and 2 in favour of the 3rd respondent. without prejudice to the above averments, i have deposited rs. 3,600, for the balance of sale price in the state bank. hence, the honourable court should be pleased to order the respondents to sell the suit land to me for the price to be fixed by the honourable court.'it, therefore ..... .81 for rs. 5600 by the plaintiffs 1 and 2 to the 3rd plaintiff. without prejudice to the above averments, the defendant is taking steps to deposit into state bank or court the balance amount to be fixed by the honourable court, tentatively rs. 3600.'the said written statement dated 03rd december 1983 was accompanied by an application under section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC550; 1996(1)BLJR281; (1996)98BOMLR343; [1996]86CompCas806(SC); 1996(1)CTC119; (1995)2GLR1806; JT1995(8)SC119; 1996(6)KarLJ689; (1996)112PLR1; 1995(6)SCALE273; (199
..... respect of which the district forum can entertain a complaint will be outside the purview of the state commission. same will be the position in respect of the national commission. since the goods or services in respect of which complaint can be filed under the act may relate to number of fields it cannot be expected that the members of the consumer disputes redressal ..... availed of with the approval of the first mentioned person,explanation. - omitted'section 2(1)(o) : 'service' means service of any description which is made available to the potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, (housing construction), entertainment, amusement or the purveying of .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)MhLj268
..... has been defined in clause (11) of section 2 of the act to mean any person 'who carries on the business of buying and selling of goods' in the state. it reads : '2(11) 'dealer' means any person who whether for commission, remuneration or otherwise carries on the business of buying or selling goods ..... or ancillary to such trade, commerce, manufacture, adventure or concern.' the following was added in the above definition by the maharashtra tax laws (levy and amendment) act, 1988 (maharashtra act no. 9 of 1988) with retrospective effect from july 1, 1981 : 'and any transaction in connection with, or incidental or ancillary to, the commencement or ..... ;' in the present reference we are not concerned with the above explanation. this definition was further amended by the maharashtra tax laws (levy, amendment and repeal act), 1989 (maharashtra act no. 9 of 1989) and the following words were added after the words 'in the nature of trade, commerce, or manufacture' with retrospective effect from .....
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