Court : US Supreme Court
..... [ footnote 3/8 ] section 10(b) of the national labor relations act provides: "whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the [national labor relations] board, or any agent or agency designated by the board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the board or a member thereof, or before a designated agent or agency, at ..... 1 ] a direct conflict in the circuits developed when the third circuit, confronted with the present question, borrowed the 3-month period contained in pennsylvania's arbitration statute, reversing a district court decision borrowing the state's 6-year period for actions upon ..... the unfair representation claim made by an employee against his union, even though his employer may ultimately be called upon to respond in damages for it if he is successful, is more a creature of "labor law" as it has developed since the enactment of 301 than it is of general contract law. ..... unfair representation claim against his union, even though his employer may ultimately be called upon to respond in damages if he is successful, is more a creature of "labor law" as it has developed since the enactment of 301 than it is of general contract law. ..... that is persuasive in justice stewart's analysis, resolution of the 10(b) question properly should await the development of a full adversarial record. .....
Tag this Judgment!Court : Allahabad
Reported in : [1967]37CompCas20(All)
..... that the court can refuse to confirm the alteration to the memorandum of association to the extent it is not in the interest of the members of the company or of its creditors and is not covered by sub-section (1) thereof ; and that the court can confirm the alteration, either wholly or in part, or subject to such terms and conditions as it may deem fit, on being satisfied that the alteration being confirmed is not ..... the notice of the extraordinary general meeting was given to the shareholders for the consideration of the proposed alteration to the memorandum of association, it was merely indicated that the board of directors of the company, after giving its most careful consideration to the aspect of installing a rubber factory, was of the opinion that the company could conveniently and advantageously ..... big creditors of the company and also the national industrial development corporation, new delhi, have no objection to the proposed ..... to the memorandum of association was not wholly confirmed, though the company was permitted to manufacture industrial alcohol and power alcohol, necessary for the production of acetate yarn, a material necessary for the manufacture of cloth, the existing ..... power can easily be deduced from the provisions of section 17 of the companies act ..... 27 lakhs from the national industrial development corporation, new delhi, for modernisation and expansion of the plant of the company and the corporation has accorded its approval to the proposed alteration to the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR114(Jhr)]
..... from where the retired on 31st december, 2002.counsel for the petitioner submitted that no post of nodal officer, hydor electric power project was created under the state of jharkhand or under jreda and thereby there was no occasion to appoint him or to place his service under jreda. ..... -19/uo (budget)-58/2001-part 1-229/ranchi, dated 8th february, 2003 issued by under secretary, energy department, government of jharkhand, ranchi, whereby and whereunder, 4th respondent, surendra singh, a retired superintending engineer of jharkhand state electricity board (hereinafter referred to as jseb) has been appointed as 'nodal officer', hydro electric projects under the jharkhand renewable energy development agency, ranchi (hereinafter referred to as jreda). ..... after creation of the state of jharkhand with a view to develop renewable energy sources within the state, a society was constituted in the name and style of 'jharkhand renewable energy development agency' (jreda), ranchi, which was registered under the societies registration act, 1860. ..... government of jharkhand recommended for initiating enquiry against the 4th respondent for acts of an omission and commission, such as financial irregularity and corruption during his service career. ..... in the said case, the apex court held :'......the acts and rules are made to be followed and not to be violated. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... central government exercising the power under section 10 of the act, on basis of recommendation and in consultation with the central advisory board constituted under section 10(1) of the act, issued a notification on december 9, 1976 prohibiting 'employment of contract labour on and from december 9,1976 for sweeping, cleaning, dusting and watching of buildings owned or occupied by the establishments in respect of which the appropriate government under the said act is the central government. ..... ' it would, thus, be clear that in a socialist democracy governed by the rule of law, private property, right of the citizen for development and his right to employment and his entitlement for employment to the labour, would all harmoneously be blended to serve larger social interest and public purpose ..... the appellant initially was a statutory authority under international airport authority of india act, 1971 (for short, 'iaai act') and on its repeal by the airports authority of india act, 1994 was amalgamated with national airport authority (for short, the 'naa') under single nomenclature, namely, ..... : [1994]3scr1034 is concerned, it is true that in para 6 of the report in the last four lines it is observed while referring to dena nath's case (supra) that neither the act nor the rules framed by the central government or by any appropriate government provide that upon abolition of the contract labour, the labourers would be directly absorbed by the principal employer, but that is not the ratio .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker250
..... whether the consumer disputes redressal forum has any jurisdiction to deal with the fare stages or fares of a stage carriage, has observed :--section 94 of the act bars jurisdiction of civil courts to entertain any question relating to the grant of permit and fare stages like timings and grant of ..... jurisdiction of the forum to grant appropriate reliefs is not denuded and the forum, on the doctrine of public accountability, compel, when a public servant or body by mala fide, oppressive and capricious acts in performance of official duties causes injustice, harassment and agony to common man and renders the state or its instrumentality, liable to pay damages to the person aggrieved from public fund, and the state ..... any grievance regarding anomalies in the fixation of fare stages have to be first raised before the rta and then by way of revision before the s.t.a.t.the consumer protection act, 1986 which clothes the consumer disputes redressal forum with powers to adjudicate upon certain types of disputes relating to consumption of goods and services lays down clear parameters for the forum to exercise its jurisdiction. ..... considering the jurisdiction of the consumer court to entertain complaints in regard to a defect or deficiency in construction and delivery of houses by development authority. ..... redressal forum, (1993) 2 ker lt 917 : (air 1994 kerala 153), division bench held that the high court will not entertain ordinarily writ petition even if ..... ker lt 892; central board of education v. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... if without degrading the environment or minimizing adverse effects thereupon by applying stringent safeguards, it is not possible to carry on development activity applying the principle of sustainable development, in that eventuality, development has to go on because one cannot lose sight of the need for development of industries, irrigation resources, power projects, etc. ..... the court further stated that the facilities for medical care and health to prevent sickness, ensure stable manpower for economic development and generate devotion to duty and dedication to give the workers' best performance, physically as well as mentally. ..... the legislature enacted various laws like the air (prevention and control of pollution) act, 1981, water (prevention and control of pollution) act, 1974 and the wildlife (protection) act, 1972, the forest (conservation) act, 1980, the indian forest act, 1927 and the biological diversity act, 2002 and other legislations with the primary object of giving wide dimensions to the laws relating to protection and improvement of environment. ..... the state and the shrine board under the umbrella of the union of india has to act in tandem, with great cooperation, coordination and objectivity so as to ensure protection of rights on the one hand and discharge of its obligations on the other.? 17. ..... in some sections, even survival of the animals is affected. .....
Tag this Judgment!Court : Karnataka
..... ; the karnataka town and country planning and certain other laws (amendment) act, 2009; the karnataka town and country planning act and certain other laws (amendment) act, 2004; the karnataka town and country planning (regularisation of unauthorised development or constructions) rules 2014; section 321-a of the karnataka municipal corporation act, 1976 and section 187-a of the karnataka municipalities act, 1964, as unconstitutional, illegal and ultravires articles 14 and 21 of the constitution of ..... government or the central government; (iii) on the land belonging to an other person over which the former has no title; (iv) on the land belonging to any board or corporation owned or controlled by the central government or the state government; (v) on the land belonging to, or vested in, any urban development authority or bangalore development authority; (vi) on the land belonging to, or vested in, a local authority; (vii) on the land abutting to storm water drains, tank bed areas, river course ..... court made it clear that pendency of those writ petitions will not stand in the way of government exercising its power and taking necessary action for addressing the grievances of the people concerned and for amendment or modifying the rules ..... it clear that the pendency of these writ petitions will not stand in the way of the government exercising its powers and taking necessary action for addressing the grievances of the people concerned and for amending or modifying the rules and regulation .....
Tag this Judgment!Court : Karnataka
..... ; the karnataka town and country planning and certain other laws (amendment) act, 2009; the karnataka town and country planning act and certain other laws (amendment) act, 2004; the karnataka town and country planning (regularisation of unauthorised development or constructions) rules 2014; section 321-a of the karnataka municipal corporation act, 1976 and section 187-a of the karnataka municipalities act, 1964, as unconstitutional, illegal and ultravires articles 14 and 21 of the constitution of ..... government or the central government; (iii) on the land belonging to an other person over which the former has no title; (iv) on the land belonging to any board or corporation owned or controlled by the central government or the state government; (v) on the land belonging to, or vested in, any urban development authority or bangalore development authority; (vi) on the land belonging to, or vested in, a local authority; (vii) on the land abutting to storm water drains, tank bed areas, river course ..... court made it clear that pendency of those writ petitions will not stand in the way of government exercising its power and taking necessary action for addressing the grievances of the people concerned and for amendment or modifying the rules ..... it clear that the pendency of these writ petitions will not stand in the way of the government exercising its powers and taking necessary action for addressing the grievances of the people concerned and for amending or modifying the rules and regulation .....
Tag this Judgment!Court : Karnataka
..... of the constitution of india praying to call for the entire record from the office of karnataka industrial areas development board in the matter of land acquisition proceedings vide notification dated 13.03.2012 and 04.12.2012; quash the preliminary notification dated 13.3.2012 under section 28(1) of the karnataka industrial areas development board act 1966 at annexure-c and final notification dated 4.12.2012 under section 28(4) at annexure-d duly gazette and published from the office of first respondent in respect of petitioner s land being fertile ..... view of the specific provisions of the central act providing for acquisition of land for industrial corridors or for public purposes as specified in section 2(b) of the act and the state government being the appropriate government for the acquisition of lands situated within its territory, the state government has to exercise power only under the central act and 71 follow the provisions of the central act and cannot resort to exercising power under the state act, which has become redundant ..... . the exception claimed in respect of land acquired under the provisions of the kiad act as being incidental to the main purpose of establishment and orderly development of industries and hence to contend that there can be no repugnancy if the exercise of power is under a legislation falling under a legislative head in the state list (list ii) vis-a-vis a legislation under the concurrent list .....
Tag this Judgment!Court : Karnataka
..... ; the karnataka town and country planning and certain other laws (amendment) act, 2009; the karnataka town and country planning act and certain other laws (amendment) act, 2004; the karnataka town and country planning (regularisation of unauthorised development or constructions) rules 2014; section 11 321-a of the karnataka municipal corporation act, 1976 and section 187-a of the karnataka municipalities act, 1964, as unconstitutional, illegal and ultravires articles 14 and 21 of the constitution of india; ..... to the state government central government; (iii) on the land belonging to an other person over which the former has no title; (iv) on the land belonging to any board or corporation owned or controlled central government state government; (v) on the land belonging to, or vested in, any urban development authority or bangalore development authority; (vi) on the land belonging to, or vested in, a local authority; (vii) on the land abutting to storm water drains, tank bed areas, river course or ..... court made it clear that pendency of those writ petitions will not stand in the way of government exercising its power and taking necessary action for addressing the grievances of the people concerned and for amendment or modifying the rules and ..... however, we make it clear that the pendency of these writ petitions will not stand the government exercising its powers and taking necessary action for addressing the grievances of the for amending or people concerned and modifying the rules .....
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