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 : Delhi
Decided on : Sep-12-1984
Reported in : 1984(2)Crimes734; 26(1984)DLT486
..... that the deputy commissioner of police, special branch, who had instituted the complaint in the instant case, cannot be said to be a public servant acting or purporting to act in the discharge of his official duties. mr. harjinder singh, counsel for jasbir singh-petitioner, has canvassed vigorously that the expression 'deputy commissioner of ..... original sanction accorded by the central government on 25th january 1984 to prosecute the petitioners etc. as contemplated in sub-section (3) of section 13 of the act was also filed along with the complaint. the said sanction authorises shri ramakrishnan, deputy commissioner of police, special branch, to lodge a complaint in respect of ..... 'generally specialibus non derogant'. (8) the question would, thereforee, arise whether the provisions contained in sub-sections (1) & (2) of section 13 of the act are in any way inconsistent with or repugnant to the general provisions contained in the code so as to over-ride the same. as already observed by me, sub .....
Tag this Judgment!Court : Delhi
Decided on : Sep-17-1984
Reported in : ILR1985Delhi424; 1985RLR440
..... of the authorities that be;the desirability of legislation dealing with unauthorized occupation of private premises on the lines of the public premises (eviction of unauthorised occupants') act. to be ad-ministered by the rent controllers andor the rent controltribunals, should be considered. alternatively, the procedure and practice in suits, and the law ..... are willing or poised to take up cudgel for the contending parties. thirdly, what is conveniently ignored is that even a juristic person, like a corporation, acts through the natural persons, whether its principal officers, employees or agents. to hold it otherwise would mean that in case of disputes of this nature between ..... broken head whether it be broken in good faith or bad and the magistrate can have no preference'.the contention that if the magistrate had jurisdiction to act, he was bound in law to find possession according to the civil courts decree as against actual possession, was negatived. suhrawardy-jin a concurring judgment .....
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 : Mumbai
Decided on : Nov-09-1984
Reported in : [1985]57CompCas241(Bom)
..... absence of respondent no. 3, the court would have been greatly handicapped in this regard. far from making a grievance of it, the pnb, which is a nationalised bank, should have welcomed the opportunity of meeting the allegations made against it in the petition. any aspersion made against the pnb by the petitioner and adverse observation, ..... was confined to the review of activities of a public natures as opposed to those of a purely private or domestic nature and section 31 of the 1981 act (supreme court act, 1981) had not extended that jurisdiction'. though the court had jurisdiction to issue infection where it was just and convenient to do so, it could ..... are empowered to invest the trust funds. in fact, if they do not immediately invest, they are liable to be prosecuted under s. 66 of that act. any such act of investment obviously cannot be void for failure to obtain prior permission of the charity commissioner.91. the learned attorney-general urged that where an enactment merely imposes .....
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 .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-1984
Reported in : ILR1985KAR420
..... not have dropped the whole proceedings in exercise of the powers under sub-section (5) of section 145, this court proceeded further to consider whether the sub-divisional magistrate had acted within his powers in issuing the preliminary order, even though such a question was not raised by either of the parties. the portion of the preliminary order passed by the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-29-1984
Reported in : AIR1985MP115; 1985MPLJ444
..... appreciate the rival contentions of the parties, it would be useful to quote the preamble as also the relevant provisions of the act. the preamble of the act is as follows : --'an act to better economic condition of holders of agricultural land in the weaker sections of the people by providing further relief from agricultural indebtedness ..... of money' as under : --'(d) 'lender of money' means a person advancing loan to a holder of agricultural land, whether registered under the madhya pradesh money lenders act, 1934 (no. 13 of 1934) or not;'section 2(f) defines 'prohibited transaction of loan' as stated below :'(f) 'prohibited transaction of loan' means a transaction ..... these facilities and provisions are meant mainly for economically and socially backward people. therefore, in our opinion, the words used in section 2(c) of the act which defines 'holder of agricultural land', is restricted to only those persons in the weaker section of the people' and not every holder of agricultural land who .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1984
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... articles by human agency. the supreme court though accepting that coal is technically understood as a mineral while charcoal is manufactured by human agency byproducts like wood and other things but it cautioned that in interpreting item in a statue like sales tax act resort should be had not to the scientific or technical meaning ..... of such terms but to their popular meaning or the meaning attached to it by those dealing in them. it then went on to observe :'viewed from that angle both a merchant dealing in coal and a consumer wanting ..... . this court has, thereforee,territorial jurisdiction to hear the writ petition.(156) alternate remedy :writ jurisdiction in certiorari is a constitutional jurisdiction.amendments to customs act by finance act no. 2 of 1980would not oust the jurisdiction. i have already held that the collector's order was without jurisdiction, was perverse and contraryto the principles .....
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