Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... and another filed a writpetition under article 32 of the constitution of india questioning theimposition of cess on 'tea' in terms of the provisions of the impugnedacts.brick earth matters:the bengal brickfield owners' association filed a writ petition questioningthe validity of the impugned acts inter alia on the ground that the fieldrelating to minor mineral is covered by the 1957 act and as such the stateof west bengal was denuded of its power to levy any cess on eitherextraction of brick earth or on despatch of bricks.168 ..... case of dispatches of coal as a result of sale thereof, theprices charged by the owner of a coal mine for such coal, but excluding anysum separately charged as tax, cess, duty, fee or royalty for payment ofsuch sum to government to a local body, or any other sum as may beprescribed or(ii) in the case of dispatches other than those referred to in item(i), theprices chargeable by the owner of a coal mine for such coal if they weredispatched as a result of sale thereof, but excluding ..... . it is in recognition of this that no ruleshave been framed so far under section 7 of the mines and minerals(regulation and development) act, 1948, in regard to modification of theterms and conditions of mining leases for coal granted before thecommencement of that act, though other minerals have been covered.2 ..... : a reference under the government of ireland act 1920 and section 3 ofthe finance act (northern ireland) 1934, (1936) a.c. .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)IIILLJ588Bom
..... singh, learned counsel appearing for the petitioners contended, inter alia, that the deduction from wages for absence from duty is normally the deduction made under section 7 of the payment of wages act, 1936 ('act' for short) and section 7 of the said act does not provide for any, prior opportunity to be given to the workman before making the deduction. ..... in this view of the matter, the industrial court declared that the company has indulged in unfair labour practices under items 7, 9 and 10 of schedule iv of the mrtu & pulp act and directed the respondents to withdraw and cancel the decision of deducting the salary for the period of 13 hours and 5 minutes and pay the full wages of d. s. ..... his right should not be affected in a surprising or unexpected manner, but when the workman is aware of the consequences of his own action or he is expected to know about such consequences when he does not act, it cannot be said that even in such circumstances, a decision has been taken or order has been passed affecting his rights to the surprise of the persons affected. ..... 652 of 1993 under section- 28 read with items 7, 9 and 10 of schedule iv and items 4 (a), 3 and 2(b) of schedule ii of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act'). ..... the 1st petitioner is a company registered under the companies act, 1913 and is engaged in providing pest control services in mumbai and other cities in ..... state of west bengal and ors. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1851; (1990)2CompLJ89(SC); JT1990(2)SC516; 1990(1)SCALE900; 1990Supp(1)SCC397; [1990]3SCR157
..... having lapsed; (b) to supply the break-up and the data on the basis of which the price structure was arrived at and to fix the price after giving reasonable opportunity to the concerned industries or their associations; (c) to discuss and negotiate a fair, reasonable and just price for supply of gas; (d) to restrict the minimum guaranteed quantity of off take to 75 per cent of the contracted quantity (this was ..... the purpose of deciding the prices of gas from time to time, including the time for which we have set aside their demand of price, invoking the provisions of the commission of inquiry act or any other law; (ii) they may invoke the arbitration of some eminent economist in consultation with the petitioners; or(iii) they may themselves decide the price, after bringing to their consideration all ..... for example, in england the public health act, 1936, the electricity act, 1947 and the gas act, 1948 provide examples of a duty cast on ..... franchises granted to the company do not expressly impose upon it the obligation to serve all persons in the locality does not relieve the company, nor does the fact that the person applying for gas is already supplied with ..... therefore to take into account the pit-head price of bengal coal and its thermal equivalence with gujarat gas in determining ..... with the growing recognition of the special advantages obtained by the use of gas in manufacturing operation where close control of heat and cleanliness of operation are essential and worth paying for or in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALT113
..... . it is pertinent to mention hereof that as per bifr order, the provisions' contained in the scheme shall have effect notwithstanding anything inconsistent therewith contained in any other law (except the provisions of the fera act 1973 and the urban land (ceiling and regulation) act, 1972 for the time being in force or in the memorandum and articles of association of the ssol (respondent-3) or any other instrument having effect by virtue of any law other than the ..... had been raised and also reply had been given even on merits a specific stand has been taken as present writ petition is misconceived one and not maintainable in law in view of the express provisions of section 32 of the act, which stipulates that provisions of sica and the schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law, except the provisions of the foreign exchange ..... . ganguly : (1958)iillj634sc it was held that mandamus is available against any public authority including administrative and local bodies, whereas prohibition and certiorari will lie only against judicial and quasi-judicial authorities ..... . nagarshana : (1960)illj29sc this court held that a finding of fact by the authority under the similarly worded second proviso to section 15(2) of the payment of wages act, 1936 could not be challenged in a petition under article 227 ..... . in state of west bengal v .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR464; (2001)1BOMLR693; (2001)IILLJ81Bom
..... the dispute involves the recognition, observance or enforcement of rights and obligations created by enactments like industrial employment (standing orders) act, 1946 - which can be called 'sister enactments' to industrial disputes act - and which do not provide a forum for resolution of such disputes, the only remedy shall be to approach the forums created by the industrial disputes act provided they constitute industrial disputes within the meaning of section 2(k) and section 2-a of industrial disputes act or where such enactment ..... parties to action an ordinary copy of this judgment duly authenticated by the associate of this court.39. ..... particularly with reference to the rights of a local authority to bring such action, it was pointed out by this court that, in england whenever there was a building erected without obtaining permission from the local authority, or in contravention of the bye-laws made by it, it had always been observed that the local authority is not entitled to sue because none of its rights were affected, though in a civil case such a right was vested in the attorney-general. ..... the laws encouraging organisation of trade unions and giving protection to collective bargaining, which were to be found in the trade unions act, 1926, grew and became stringent with the passing of the bombay industrial disputes act, 1936 followed by the bombay industrial relations act, 1946. ..... state of west bengal, : air1968cal407 . .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad323; (1952)IMLJ71
..... in section 3 (10) of the lands being private is fulfilled in order to prevent the acquisition of occupancy rights in such lands by a tenant who is let into possession after the act.when we come to the act of 1936, the situation however was completely altered and inam villages were made estates irrespective of the question whether the grant was of mel-waram alone or not and also irrespective of the question whether ..... lessor was the owner of both the warams and agreed to harvest the crops under the supervision of the land-holder and measure half of it to the land-holder as melwaram, and in recognition of the right of ownership the kudiwaram by the land-holder and as lessee thereof they further agreed to pay one pangu of swami bhogam at the rate of 6 ramalinga marukkals and two ..... at page 645 it is observed:"but quite apart from that and even if their lordships had taken a strict view in favour of the appellant of section 120, the bengal tenancy act, 1885, as if now stands, and irrespective of the patta of 1902 and the kabuliats of 1883 and 1892, still having regard to the facts that the lands ..... the leases must be of such a kind and character as to be consistent with an intention on the land-holder's part to resume direct cultivation in the future.such direct cultivation except in cases of local custom to the contrary is a fact to be proved as a requirement implicit in the definition of private land before the presumption that all cultivable land in an estate is ryoti can stand rebutted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC604; JT1990(4)SC293; 1990(2)SCALE883; [1990]Supp2SCR393
..... by hired labour, with his own or hired stock, for a continuous period of twelve years since the acquisition of the land and before the commencement of the andhra pradesh (andhra area) estates land (third amendment) act, 1936.as defined in section 3(16):'ryoti land' means cultivable land in an estate other than private land but does not include-(a) beds and bunds of tanks and of supply, drainage surplus of irrigation channels; (b) threshing-floor, cattle ..... of private land is continuous course of conduct on the part of the land-holder asserting and acting on the footing that he is the absolute owner thereof and recognition and acceptance by the tenants that the landholder has absolute right in the land.7. ..... when in any suit or proceeding it becomes necessary to determine whether any land is the landholder's private land, regard shall be had-(1) to local custom,(2) in the case of an estate within the meaning of sub-clause (a), (b), (c) or (e) of clause (2) of section 3, to the question whether the land was before the first day of july 1898, specifically let as private land, and(3) to ..... it was found that they consisted (1) of lands settled under zamindars, as in bengal, (2) of haveli lands, those reserved for the support of the royal family and its immediate dependants, and therefore ' ..... such a state of things invited the application of the bengal system; the zamindars were accordingly left in possession and the haveli lands were parcelled out and leased to revenue farmers for a term .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1990)92BOMLR558; [1990(60)FLR898]; JT1990(2)SC339; 1990(1)KLT843(SC); (1990)IILLJ39SC; (1990)4SCC744; [1990]3SCR214; 1991(2)SLJ121(SC); 1990(2)LC424(SC); (1991)1UPLBEC283
..... the high court also rejected the contention of the bank that the bank was entitled to make deductions under section 7(2) of the payment of wages act, 1936 by holding that the provision enabled the employer to deduct wages only if the bank had power under the contract of employment.4. ..... has reiterated that so long as staff regulations are not framed, it is open to issue administrative circulars regulating the service conditions in the exercise of power conferred by section 7(2) of the reserve bank of india act, 1934 so long as they do not impinge on any regulations made under section 53 of the act.the same view with regard to power to issue administrative instructions when rules are silent on a subject has been reiterated by the court in paluru ramkrishnaiah and ors. v. ..... a complaint before the industrial court under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971(mrtu & pulp act, for short) complaining that the company had indulged in unfair labour practice mentioned in item 9 of schedule 4, from 7th august, 1984 which was the date for payment of salary for the month of july 1984, and under item 6 of schedule 2 of that act with effect from 14th august, 1984 since ..... it appears that some demands for wage-revision made by the employees of all the banks were pending at the relevant time, and in support of the said demands the all india bank employees' association had given a call for a countrywide strike. ..... state of west bengal and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)IILLJ459Bom
..... the only relevant factors in this behalf are, (1) selection of the aircraft for the use of the vvip on 16th april, (2) exposure of the dismantled and stripped aircraft for acts of sabotage (3) the possibility of the acts remaining undetected in the visual inspection during the p3 checking process, and (4) the fatal consequences of the sabotage becoming effective before the occasion to dismantle the plane arises after at least six months.35 ..... enabled officers mentioned therein to requisition movable property of any citizen when found to be 'necessary' or 'expedient', the majority found that the act therein, (1) did not provide for any object or purpose of the requisition, (2) did not even require the authority to specify the purpose of requisition, (3) did not indicate any principles on which compensations was determined and ..... rather than tracing any guidelines and policy from the preamble and different sections of the said act, their lordships held that regulation 47 vested uncontrolled, unguided and absolute discretion to extend or not to extend the age of retirement in the case of air hostesses after 35 ..... of the constitution of india, it containing no guidelines for choosing between employees and employees and occasions and occasions for the contemplated action and also choosing to act under regulations 42 to 44 (action for punishment for misconduct), 46 (compulsory retirement) and 48 (termination simpliciter) of the said regulations.6. ..... 2(ii) of the payment of wages act, 1936. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR455
..... local authority means '(c)(i) a zilla parishad constituted under the maharashtra zilla parishads and panchayat samitis act, 1961, (ii) the authority constituted under the maharashtra housing andarea development act, 1976; (iii) the nagpur improvement trust constituted under the nagpurimprovement trust act, 1936' which is permitted by the state government for any area under its jurisdiction to exercise the powers of a planning authority under this act ..... plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the maharashtra regional and town planning act, 1966 or any other law for the time being in force or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such ..... plan or draft interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the maharashtra regional and town planning act, 1966 or any other law for the time being in force, or the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such ..... gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all ..... an association from ..... bengal .....
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