Court : Supreme Court of India
Decided on : Feb-16-1984
Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984
..... legislative assembly of the corresponding province.' armed with this power, the maharashtra state legislative assembly has enacted 'the maharashtra legislature members' salaries and allowances act, 1956 (bombay act xlix of 1956)'. section 3(1) provides that 'there shall be paid to each member during the whole of his term of office a ..... application dated september 1, 1981 requesting him to grant sanction to prosecute the accused as required by section 6 of the prevention of corruption. act, 1947 ('1947 act' for short) for various offences alleged to have been committed by the accused and neatly set out in the application. complainant then filed the ..... case, evidence collected and other incidental facts before, according sanction. a grant of sanction is not an idle formality but a solemn and sacrosanct act which removes the umbrella of protection of government servants against frivolous prosecutions and the aforesaid requirements must therefore, be strictly complied with before any prosecution .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-1984
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; [1984]3SCR252; 1984(16)LC500(SC)
..... taken, it is not necessary.51. another item mentioned before us was the employees of coking coal mines (nationalisation) act, 1972. it has to be borne in mind that the object covered by the scheme of the act was entirely different from the general insurance business (nationalisation) act, 1972. the coking coal mines (nationalisation) act, 1972 was enacted to provide for the transfer of the interest of the owners of such ..... matter of dearness allowance and retirement age.20. the petitioners contend that under the sick textile undertakings (nationalisation) act, 1974, the coking coal mines (nationalisation) act, 1972 etc., sepearate companies had been formed on nationalisation. the employees of those companies were entitled to have their service conditions regulated under industrial disputes act, 1947. in the present case, the employees have been deprived of the existing benefits without following .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-17-1984
Reported in : AIR1984SC1622; (1984)86BOMLR536; 1984CriLJ1738; 1984(2)SCALE445; (1984)4SCC116; [1985]1SCR88
..... . john roberts in their book the melancholy marriage' observe that-studies of attempted suicide cases have also revealed the high incidence of marital problems which lie behind the act. in our own study of 100 consecutive cases (roberts and hooper 1969), we found that most of them could be understood if the patients' interactions with others ..... and the propositions and the conclusions we have reached, there cannot be any doubt that these statements would fall in the second part of section 32 of the evidence act relating directly to the transaction resulting in the death of manju, and would be admissible. before, however, examining this aspect of the question we might at the ..... and those three letters. my learned brother has held the said oral evidence and those three letters to be admissible binder section 32(1) of the evidence act while rejecting the oral evidence of those five witnesses as untrustworthy at pages 1644 and 1645 of his judgment, mainly on the ground that the oral evidence is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-16-1984
Reported in : AIR1984SC1584; 1984(2)SCALE171; (1984)4SCC58; [1985]1SCR430; 1984(16)LC1108(SC)
..... clauses (1) and (2) of rule 37 of the rules framed by the administrator of goa, daman and diu under goa, daman and diu secondary and higher secondary education board act as ultra vires and invalid insofar as they prohibit inspection and/or revaluation of answer books. in reaching the said conclusion on the validity of the impugned rules the high ..... high court and uphold the validity of clauses (1) and (2) of rule 37 of the rules framed under the goa, daman and diu secondary and higher secondary education board act. these appeals are allowed and the writ petitions filed in the high court will stand dismissed. the appellant will get its costs from the respondents.
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-24-1984
Reported in : AIR1984SC1688; (1984)3CompLJ49(SC); 1984(2)Crimes441(SC); [1984(49)FLR382]; 1984(2)SCALE218; (1984)4SCC222; [1985]1SCR626
..... the administration and control of the company are vested in an administrator appointed by the central government under that act. later, the company was notified as a sick textile undertaking under the first schedule to the sick textile undertakings (nationalisation) act, 1974, which came into force on april 1, 1974.7. the complaints for non-payment of the employer ..... of the preceding year, on or before january 21 in each year. failure to forward the returns as required is punishable with fine under section 66 of the mines act, 1952. the respondents having failed to furnish the returns by the due date, which was january 21, 1960 a complaint was filed against them in a court ..... the annual returns on that date. since, the regulation did not lay down that the owner would be guilty of an offence if he continued to work the mine without furnishing the returns, the offence was non-continuing and, therefore, the complaint was time barred. while discussing the question as to when an offence could be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1984
Reported in : AIR1984SC1813; 1984(32)BLJR393; (1984)3CompLJ249(SC); [1984(49)FLR401]; 1986LabIC382; (1984)IILLJ507SC; 1984(2)SCALE406; 1984(Supp)SCC443; [1985]1SCR751; 1985(17)LC185(SC)
..... incharge of the management of the respondent company. this contention has merely to be stated to be rejected. section 5(1) of the sick textile undertaking (nationalisation) act, 1974 provides that 'every liability' other than the liability specified in sub-section (2) of the owner of a sick textile undertaking, in respect of ..... resisted the references on diverse grounds. it was contended that once a notified order is issued under section 18a of the industries (development and regulation) act, 1951 (idr act short) appointing an authorised controller in respect of an industrial undertaking, it is run by the authorised controller under the authority of a department of ..... rashtriya mill mazdoor sangh, appellant herein, ('union' for short) as an approved union made four independent references under section 73a of the bombay industrial relations act, 1946 ('act' for short) against model mills nagpur for grant of bonus for the period 1964-65 to 1967-68. a separate reference was made in respect of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-1984
Reported in : AIR1985SC107; 1984(2)SCALE595; 1984(Supp)SCC720
..... . petitioner is a government company in which under section 5 of the coal mines (nationalisation act), 1973, act 26 of 1973, (nationalisation act' for short), the right, title and interest of the owner of the jagaldaga colliery came to vest following nationalisation. the district mining officer, palamu, raised a demand of dead rent as payable under the ..... dismissing the application.3. one s.k. datta was the owner of the coal mine in question. under the coal mines (taking over of management) ordinance; the management was taken over with effect from may 1, 1973. subsequently the nationalisation act came into force with retrospective effect from may 1, 1973. while under the ..... , and vested absolutely, in the central government free from all encumbrances. section 4(1) of the nationalisation act provided :where the rights of an owner under any mining lease granted... in relation to a coal mine, by a state government... vest in the central government under section 3, the central government shall, on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-1984
Reported in : AIR1985SC218; 1984(2)SCALE769; (1985)1SCC345; [1985]2SCR72; [1986]62STC130(SC)
..... of punjab : [1979]3scr1217 . a constitution bench of this court, after referring to the principles laid down in the leading cases of shirur matt : [1954]1scr1005 , hingir rampur coal co. ltd. v. state of orissa : [1961]2scr537 , corporation of calcutta v. liberties cinema (1965) : [1965]2scr477 etc, thought that in all the circumstances of ..... nothing in sub-sections (3) and (4) shall apply to a person carrying on the business of warehouseman who is licensed under the punjab warehouses act, 1957 (punjab act no. 2 of 1958).section 25 provides for the creation of a. marketing development fund out of which the board has to defray its expenditure. section ..... the establishment, maintenance and improvement of the market is one of the purposes for which the market committee fund might be expended under section 15 of the act. the other services such as the provision and maintenance of standard weights and measures, the collection and dissemination of information regarding all matters relating to crop .....
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