Court : Madhya Pradesh
Reported in : 1992CriLJ2135
..... benoy kumar, that their lordships referred immediately to meaning of the relevant term in the dictionary, but they yet observed, 'whether the narrower or the wider sense of the term 'agriculture' should be adopted in a particular case depends not only upon the provisions of the various statutes in which the same occurs but also upon the facts and circumstances of each case ..... food', overlooking that clause (xii-a) used the word 'means' and not 'includes' and legislature thereby intended to express its intention to similarly limit the connotation of the expression 'produce of agriculture' by juxtaposing that with the work 'or horticulture', the expression 'in its natural form' qualified separately each of them.13. ..... they held that prosecution was illegal because there was no written consent by the state government or central government and the prosecution by the food inspector was launched under unauthorised delegation of authority in that behalf ..... -- the common statute was income tax act, 1922 of which section 2(1) and in particular, the word 'agricultural income', occurring therein was required to be construed and in that context, it was noted that the term 'agricultural purposes' had not been defined in the act. ..... follows from the well-known and universal canon of construction of harmonious ..... are applied for determination of meanings of words and phrases used in different kinds of statutes and the norm applied in case of fiscal and taxing statutes are not of universal application.10. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ813
..... benoy kumar, that their lordships referred immediately to meaning of the relevant term in the dictionary, but they yet observed, 'whether the narrower or the wider sense of the term 'agriculture' should be adopted in a particular case depends not only upon the provisions of the various statutes in which the same occurs but also upon the facts and circumstances of each case ..... food', overlooking that clause (xii-a) used the word 'means' and not 'includes' and legislature thereby intended to express its intention to similarly limit the connotation of the expression 'produce of agriculture' by juxtaposing that with the word 'or horticulture' the expression 'in its natural form' qualified separately each of them.13. ..... they held that prosecution was illegal because there was no written consent by the state government or central government and the prosecution by the food inspector was launched under unauthorised delegation of authority in that behalf ..... - the common statute was income tax act, 1922 of which section 2(1) and in particular, the word 'agricultural income', occurring therein was required to be construed and in that context, it was noted that the term 'agricultural purposes' had not been defined in the act. ..... from the well-known universal canon of harmonious interpretation ..... construction are applied for determination of meanings of words and phrases used in different kinds of statutes and the norms applied in case of fiscal and taxing statutes are not of universal application.10. .....
Tag this Judgment!Court : Kerala
Reported in : 1992(60)ELT211(Ker)
..... central plantation crops research institute, kerala agricultural university and rubber research institute of india made authoritative recommendation to the effect that magnesium sulphate is a fertiliser. ..... 14g intended for use in the manufacture of fertilisers was exempted from the whole of the duty of excise leviable thereon, provided on satisfaction of the assistant collector of central excise that the said sulphuric acid has been so used for the production of fertilisers. ..... , dated 1-3-1983 in exercise of the powers conferred by rule 8(1) of the central excise rules, 1944, the central government exempted fertilisers of all sorts falling under t.i. ..... p-24 communication the petitioner informed the assistant collector of central excise that he would be moving before the honourable high court for redressal of his grievances and also requested to await a decision from the high court before further action in the matter. ..... the department of agriculture, government of kerala has drawn up a scale for distribution of magnesium sulphate as a fertiliser material by permit system at 50% subsidy to the coconut growers ..... p-27 order was passed confirming the show cause notice under section 11a in respect of magnesium sulphate and rule 196 in respect of sulphuric acid and ordered payment forthwith of central excise duty to be worked out.4. ..... 14 hh of the first schedule to the central excises and salt act, 1944 from the whole of the excise duty leviable thereon under section 3 of the central excise act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR50; (1992)94BOMLR292; (1993)ILLJ614Bom; 1992(2)MhLj1286
..... is pertinent to recall in this connection that the code contains a set of rules prescribing the terms and conditions of service of all full-time non-teaching employees, who are appointed on time scale of pay, of the non-agricultural universities in the state (including its officers) and of the affiliated colleges, other than those managed and maintained by the state government and local authorities, whereas the college tribunals are constituted under. s. ..... 42b of the poona university act, 1974 (hereinafter referred to as 'the act') before the college tribunal, pune (hereinafter referred to as 'the tribunal') set up under ..... of each of the several university acts enacted by the state legislature. ..... 44, page 539, para 884, deals with the question whether subordinate legislation can be used for interpreting a provision in the parent act under the title, 'subordinate legislation as an aid to construction' and states as follows : 'it has been said that where a statute provides that subordinate legislation made under it is to have effect as if enacted in the statute, such legislation may ..... ' neither section 77a nor any other provision of the act enacts that the code is to have effect as if enacted in the ..... since the word 'employee' is not defined in the act as well as in the code, it must be read in the ordinary and primary sense which it bears, unless such an approach leads to injustice, absurdity contradiction or stultification of ..... ' be it stated that the act does not define the word 'employee .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)ILLJ916Guj
..... submitted that the respondent-corporation has under the instructions of central government solely with a view to providing training to fresh post-graduates from agricultural university has decided to employ apprentices for a period of one year ..... by january, 1992, fresh post-graduates are available for being engaged as apprentices and the corporation has also received list from the agricultural university containing the names ..... is it open to the respondent-corporation as employer to employ the services of the petitioners as apprentices-or to enter into contract of apprenticeship with the petitioners (iii) whether in the absence of any specific prohibition in the apprenticeship act against entering into contract of apprenticeship, are the parties free to enter into contract of apprenticeship (iv) on true and proper construction of contract of apprenticeship, is any relationship of 'master-servant' created between the petitioners and the respondent ..... agriculture) by january, 1992 who are ready and willing to undergo apprenticeship training and are eligible and entitled to be considered for such training and after such training they become eligible and fully equipped and qualified for being employed in agricultural universities and other research centers of agriculture ..... the petitioner can apply for other employment somewhere and can get better employment it is directed that the petitioners shall not be terminated upto april 15, 1992 and thereafter it shall be open to the respondent no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR728
..... they submitted that the respondent-corporation has under the instructions of central government solely with a view to providing training to fresh post-graduates from agricultural university has decided to employ apprentices fur a period of one year at a ..... by january, 1992, fresh post-graduates are available for being engaged as apprentices and the corporation has also received list from the agricultural university containing the names of 111 students ..... apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice.section 22 of the act, inter alia, provides that it shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment nor shall it be obligatory on the ..... agriculture) by january, 1992 who are ready and willing to undergo apprenticeship training and are eligible and entitled to be considered for such training and after such training they become eligible and fully equipped and qualified for being employed in agricultural universities and other research centres of agriculture ..... interest of justice till the petitioners can apply for other employment somewhere and can get better employment it is directed that the petitioners shall not be terminated upto 15 april, 1992 and thereafter it shall be open to the respondent no. .....
Tag this Judgment!Court : Delhi
Reported in : 47(1992)DLT388
..... as regards per grievanceof the correct application of the 40 point roster for determining the vacanciesavailable for scheduled castes and scheduled tribes and the implementation of the central government's office memoranda in regard to clearing the backlog,we direct the university grants commission to properly work out the 40 point roster and to see that claims of scheduled castes and scheduled tribe employeesare properly protected. ..... thereafter, the commission reported the finalisation of the seniority list and the schemes to be put up by the university grants commission to the central government for regularisation of adhoc appointments at the various ladders of the administration. ..... if theratio of the direct recruits case and the narendra chadha's case, is applied inthe light of the peculiar facts of the university grants commission service, it would be clear that the petitioners cannot claim benefit of their service as adhoc under secretaries for the purposes of seniority.(17) dr. ..... the university grants commission acts a expert body to advice the central government on maintenance of standards in the universities. ..... the chairman is usually a well-known educationist.out of 10 members not less than four members are from the teachers of the universities and the remaining members are from the persons who are the vice-chancellors of the universities or experts in agriculture, commerce,engineering, law and medicine. .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT202; 1992(24)DRJ553
..... however, we feel bound by the observations made by the bench that the market value of the land as fixed by the central government in 1966 as per circular dated 28 march 1966 would form a reasonable and fair basis to determine the market value of the land subject- ..... , the could held that it was a well settled principle that the best evidence with regard to evaluation of price of land in a proceeding for ascertainment of compensation for land acquired under the act was the award of the court subject of course, to the comparison of the land areawise, topography wisse and usewise. ..... reference was made to a circular dated 28 march 1966 issued by the central government in the ministry of works, housing and development fixing the market value of the plots for residential use in kalkaji colony ..... be material whether any particular piece of land can be used for agricultural purposes or not. ..... first year from the date of taking of the possession and ter 155 per annum till the payment is made: and (d) 6% interest under section 4(3) of the land acquisition (amendment & validation) act, 1967, as there is a difference of more than three years between the notification under section 4 and declaration under section 6 of the act which are dated 23 january 1965 and 13 january 1969 respectively. in r.f.a. ..... 23 april 1991) in that case land also pert am to village tughlakabad but a notification under section 4 of the act was issued on 5 july 1993 and a declaration under section 6 on 12 august 1975. ..... universal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP123
..... section 22 of the andhra pradesh agricultural university act, 1963, gives power to the academic council to make regulations for admission of ..... agricultural university act, 1963, sanctions one extra seat for ..... agricultural university had a proviso added to paragraph 6 of the prospectus somewhat in the following manner :suggestion ..... agricultural university, appearing for respondents 1 and 2, contended that the crucial question is whether the rule of reservation is to be applied faculty-wise or discipline ..... to answer the numerous questions put by this court, the university authorities produced the entire set of merit list for the nine major fields of the faculty of agriculture and indicated as to who are the candidates who have been selected for admission to ..... but the list of admissions notified by the uinversity on 20th march, 1992 for the academic year 1991-92 clearly shows that 12 candidates are given seats in the reserved quota out of which six are ..... the list of candidates selected for admission was announced on 20th march, 1992, she found that the two seats meant for ph.d. ..... 5296 of 1992 granted interim order on 26-3-1992 to the following ..... writ' petition was filed on 25-3-1992 and it was admitted by this court on 26-3-1992. ..... 5296 of 1992 stands allowed ..... 6610 of 1992 is allowed. ..... 6610 of 1992 to amend the prayer in the writ ..... on 27-3-1992, the petitioner filed w.p.m.p. ..... 'on 29-4-1992, this court granted another interim order directing the respondents to permit the petitioner to attend the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC384; 1993LabIC6; 1992(3)SCALE113; (1993)1SCC182; [1992]Supp2SCR438
..... icar who were earlier covered by the third pay commission pay-scales had been demanding parity in pay-scales with the employees of the agricultural universities who were also financed by the icar. ..... working in various institutes under indian council of agricultural research (in short ' icar') throughout the country have filed this appeal against the order of the central administrative tribunal, new delhi dated 5.10.1990. ..... imperial council of agricultural research, a society established under the societies registration act in the year 1929 was redesignated as the indian council of agricultural research after the ..... section 19 of the administrative tribunals act before the central administrative tribunal, principal bench, delhi. ..... when we suggested to learned counsel that the matter should go before the central administrative tribunal, he has indicated certain difficulties which are like the officers being spread-over in different parts of the country and the difficulty in coordinating the cases for disposal, in case ..... fixing new grades of posts, some of the incumbents may have to put to less advantageous position than others, but at the same time the granting of new pay-scales cannot be allowed to act arbitrarily and cannot create a situation in which the juniors may become senior or vice-versa. ..... rao committee's recommendations were accepted by the central government and a policy decision was taken on 13.10.1988 to the effect that ugc package may be extended to icar scientists engaged in .....
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