Court : Kolkata
Decided on : Feb-25-1998
Reported in : [1999(82)FLR530],(2000)ILLJ456Cal
R.S. Dayal, J.1. Point for decision in this appeal is whether in respect of an industrial dispute for which remedy lies before the forum created by the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), the High Court should entertain a writ petition under Article 226 of the Constitution.2. Gopal Chandra Mondal, respondent herein, joined the service of Eastern Coalfields Ltd. That company along with some others was nationalised by the Coal Mines (Nationalisation) Act, 1972. As a result of the nationalisation the respondent became an employee of the Coal Mines Authority Ltd. which is a 'State' within the meaning of Article 12 of the Constitution of India with effect from May 1; 1973. Clause 9.4.0 of NCWA IV, inter alia, provides for employment to be given to one dependent of workers disabled permanently and those who met with death while in service. The respondent and one another executed an Indemnity Bond in the year 1991 in connection with the employment of one Mahesh...
Tag this Judgment!Court : Allahabad
Decided on : Oct-07-1998
Reported in : 1999(2)AWC1283; (1999)1UPLBEC658
S.H.A. Raza, J. 1. The fate of this writ petition hinges on the reply tothe question as to whether the State Government could have taken action under any of the clauses (i), (ii), (iv) and (v) of the U. P. State Universities Act. 1973 (hereinafter called the 'Act') and the State Government has acted within its jurisdiction in appointing authorised controller on the basis of the allegations /charges in the notice.2. Section 57 of the Act reads as under :'57. Power of the State Government to issue notice.--If the State Government receives information in respect of any affiliated or associated college (other than a college maintained exclusively by the State Government or a local authority)- (i) that its Management has persistently committed wilful default in paying the salary of the teachers or other employees of the college by the twentieth day of the month next following the month in respect of which or any part of which it is payable : or (ii) that its Management hasfailed to appoint...
Tag this Judgment!Court : Mumbai
Decided on : Oct-08-1998
Reported in : 1999(5)BomCR752
ORDERA.V. Savant, J.1. Heard the learned Counsel; Shri Page for the petitioner State of Maharashtra, Shri Adhik Shirodkar for respondents No. 1 to 7 and Shri Satpute for respondent No. 8.2. This is the petition filed by the State of Maharashtra seeking to challenge the Order dated 20-10-1997, passed under section 68-I of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'N.D.P.S. Act') by the Competent Authority, appointed by the Central Government under section 68-D of the N.D.P.S. Act. Under the said order, out of 11 properties which are mentioned at Exhibit A-1 to the petition, four properties mentioned at Sr. Nos. 2, 3, 4 and 5 have been held to be illegally acquired within the meaning of Clause (g) of section 68-B of the N.D.P.S. Act and the said properties have been ordered to be forfeited to the Central Government, free from all encumbrances, as contemplated by sub-section (3) of section 68-I of the said Act. In respect of the property at Sr. No. 6 in Exhibit ...
Tag this Judgment!Court : Karnataka
Decided on : Feb-27-1998
Reported in : 1999(1)KarLJ603
1. Corruption in a civilised society is a disease like cancer, which if not detected in time is sure to malignise the polity of country leading to disastrous consequences. It is termed as plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as Royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence shaking of the socio- economic-political system in an otherwise healthy, wealthy, effective and vibrating society.2. The menace of corruption was found to have enormously increased by first and second world war conditions. The corruption, at th...
Tag this Judgment!Court : Allahabad
Decided on : Sep-16-1998
Reported in : 1999(1)AWC636
S.R. Singh, J.1. Challenge in the instant petition is focussed on the order dated 13.8.1998 passed by Civil Judge (Sr. Division). Allahabad in Execution Case No. 3 of 1998, Mukesh Kumar Srivastava v. Anant Sahakari Avas Samiti and others, by which the learned Civil Judge (Senior Division), Allahabad rejected the petitioner's application for execution of an order of ad-interim injunction dated 22.1.1998 passed by the Arbitrator/ Executive Engineer U. P. Avas Evam Vikas Parishad in exercise of power under Section 71 (3) of the U. P. Cooperative Societies Act, 1965.2. Briefly stated, the factual matrix of the case is that in a dispute between Mukesh Kumar Srivastava on one hand and Anant Sahakari Avas Samiti Ltd., through its Secretary--Sri Ravindra Nath, 39, Jawaharlal Road, Allahabad : Sarvasri Ravindra Nath and Radha Raman Pandey on the other, the Arbitrator by his order dated 22.1.1998 interdicted the defendants from making any construction on plot No. 18B George Town House No. 29, Am...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-23-1998
Reported in : [2000]246ITR363(MP)
D. P. S. Chauhan, J.1. Threatened with the invasion of their rights, the petitioners, in these two writ petitions, numbered 2593 of 1997 and 1723 of 1998, approached this court invoking jurisdiction under Article 226/227 of the Constitution, seeking protection against illegal and arbitrary action against them which tin being heard together are decided conjointly.2. The controversy in these petitions centres round the construction of the house known as 'Dev Shree' and in that regard, the following facts are relevant :Shri Arjun Singh and his wife, Smt. Saroj Singh, who are the petitioners in Writ Petition No. 2593 of 1997, and Shri Ajay Singh, their son, who is the petitioner in Writ Petition No. 1723 of 1998, after purchasing an agricultural land near Kerwa Dam in village Mandora, Tahsil Huzur, District Bhopal, constructed a house over a portion thereof, named as 'Dev Shree' and which being in the vicinity of Kerwa Dam, was also known as 'Kerwa House' for brevity, is hereinafter referr...
Tag this Judgment!Court : Kolkata
Decided on : May-13-1998
Reported in : 1998(2)ALD(Cri)900,1998(61)ECC17
P.S. Mishra, C.J.1. Could in exercise of revisional power under Section 397 of the Code of Criminal Procedure, a Single Judge of the Court interfere with the order of the Chief Judge. City Sessions Court at Calcutta who acted in obedience to the direction of a Division Bench of the Court and decided afresh the application of the opposite party for bail in a case allegedly falling under Section 35 of the Foreign Exchange Regulation Act, 1973 on the accusation of contravention of the provision of Sections 8(1), 9(1)(b), 9(1)(d), 16(1)(a)(b), 18(2) and 18(3) read with Section 68 of the said Act?2. The fact of the matter lies in a very narrow compass. The opposite party was arrested on 25.5.96 for the aforementioned offences allegedly committed by him involving about Rs. 53 crores during the period March to October, 1995. He was remanded to custody by the Chief Metropolitan Magistrate, Calcutta by the order dated 26th May, 1996. He filed an application for bail in terms of Sub-section (1) ...
Tag this Judgment!Court : Mumbai
Decided on : Jun-29-1998
Reported in : (1999)64TTJ(Mumbai)357
ORDERBY THE BENCH:This appeal by the assessee for the asst. yr. 1993-94 is directed against the order of the CIT(A) upholding certain additions and disallowances.2. The. assessee is one of the biggest Indian companies in which public is interested' It is highly diversified and largest 'core industries' in India. It produces viscose, staple fibre, rayon, pulp, caustic soda, cement, software, sponge iron, textiles, heavy engineering machinery and chemicals. It employs over 25,000 persons and its plants are located at about 10 places in India.3. In the memo of appeal, several grounds are raised, but during the course of hearing, the first objection taken by the learned counsel for the assessee related to disallowance of part of deduction claimed under s. 80M of the IT Act, 1961 out of dividend income. The assessee during the relevant period received dividends from Indian companies and returns from UTI amounting to Rs. 28,64 crores and distributed dividend approximately Rs. 25. 11 crores. ...
Tag this Judgment!Court : Chennai
Decided on : Jan-08-1998
Reported in : 1999(1)ALD(Cri)224; 1998CriLJ1762
ORDERM. Karpagavinayagam, J.1. The short question which is of genera] importance is, whether the power of the High Court or Sessions Court to grant anticipatory bail under Section 438 Cr.P.C. comes to an end after the Magistrate has taken cognizance of non-bailable offence and issue process, namely, warrant for arrest against the accused ?2. The probe into the question referred above would incidentally give rise to several subsidiary questions also as given below :-(1) What is the meaning of Anticipatory bail ?(2) What is the scope, of Section 438 Cr.P.C. ?(3) What is the period of duration of anticipatory bail (4) What is the stage at which Section 438, Cr.P.C. could be invoked .(5) What is meant by the accusation ?(6) What is the meaning of the word 'arrest' ?(7) By whom arrest could be effected ?3. Before dealing with these questions, let us, at the outset, refer Section 438 Cr.P.C.438. Direction for grant of bail to person apprehending arrest.- (1) When any person has reason to bel...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-04-1998
Reported in : (1998)(62)ECC591
1. These appeals have been filed against Order-in-Original No. 3/95, dated 29-12-1995 passed by the Commissioner of Central Excise, Delhi.Following are the particulars of the appellants :______________________________________________________________Appeal No. Name of the appellant Referred to asE/ 209/ 96- A M/s. I.T.C. Ltd. ITCE/210/96-A J.N. Sapru -E/211/96-A J. Narayan -E/288/96-A M/s. Asia Tobacco Ltd. ATCE/289/96-A M/s. Hyderabad Deccan Cigarette HDCF Factory Ltd.E/290/96-A M/s. Lakshmi Tobacco Co. LTCE/291/96-A M/s. Reliable Cigarettes RCTI and Tobacco IndustriesE/292/96-A M/s. Master Tobacco Co. MTCE/293/96 M/s. Crown Tobacco Co. CTCE/294/96-A R. Bhoothalingam 2. The particulars of demand of duty proposed in the show cause notice for the period 1-3-1983 to 28-2-1987 and demand confirmed and penalty imposed on the assessees are as follows :-_____________________________________________________________Concern Duty proposed Duty confirmed Penalty Penalty (in rupees) (in rupees) in...
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