Court : Punjab and Haryana
Reported in : (1996)114PLR227
..... way of petition or ex debito justice........'article 144 of the constitution provides that all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court andarticle 145 authorises the supreme court to make rules for regulating generally the practice and procedure for the purpose enumerated ..... and the word 'otherwise' means, 'in another way or manner, by other causes, in other respects, in other conditions,' and the word 'exemption' means, 'the act of exemption, state of, being exempt; freedom from any service, duty, burden etc. immunity.' the judicial mandate regarding exemption is that it should have been granted specifically ..... to such interpretation and construction which is reasonable and purposive to make the provision meaningful in consonance with the object sought to be achieved by the act enacted by the legislature.the statutory provisions creating a citizen's right or taking away citizen's right are ordinarily held to be prospective. they will .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)144PLR222
..... to property no longer exists by reason of the deletion of clause (f) from article 19(1) of the constitution by the constitution (forty-fourth amendment) act, 1978, section 2, (w.e.f. 20.6.1979).13. secondly, it is not possible to accept the contention that article 21 has been infringed or that ..... increaseresidential rs. 35/- rs. 3250/- 100 times.industrial rs. 10.45/- rs. 1600/- 150 times.commercial rs. 300/- rs. 14,000/- 45 times(in 1978)from the aforesaid table, the respondents have justified the necessity for the government to commensurately increase charges for development activities. it is also stated that the matter for revision ..... sacrifice of individual liberty. in lingappa pochanna appelwar v. state of maharashtra, this court, while upholding the constitutionality of the maharashtra restoration of lands to scheduled tribes act, 1974, said (at scc p. 491 para 16):the present legislation is a typical illustration of the concept of distributive justice, as modern jurisprudence know it .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)
..... its own heritage and traditions. the state of kerala, for the proper administration of gurvayoor, enacted the gurvayoor act, 1978. the management of the temple is, thus, carried out in accordance with the provisions of the said act. respondent no. 1 sent a letter to one of the judges of the high court of kerala alleging serious ..... the other who has won a bronze medal in any national junior championships, both are outstanding sports persons. the definition has been cleverly couched in such a guarded language that participation in a junior national championship and winning stray medal therein keeps you within the elite class of 'outstanding sports persons', no matter that ..... an administrator of the temple, who in the concluding proceedings was allowed to continue even when the maximum term prescribed under the act had expired. in sum and substance, enactment of 1978 act was completely by-passed by the high court and a new channel of administration and management of the temple was created. on a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)IIILLJ1126P& H
..... out certain discrepancies and anomalies. the national commission on labour also made a number of recommendations for amendment of the act. in bangalore water supply and sewerage board v. a. rajappa, (1978-i-llj-349), their lordships of the supreme court also suggested that parliament may bring about changes in the definition of 'industry'. ..... the provisions thereof; (ii) following the decision of the supreme court in excel wear case (1978-ii-llj-527), some high courts have declared invalid the special provisions relating to lay-off and retrenchment contained in the act which applied to establishments employing 300 or more workmen. it is proposed to redraft these provisions ..... unfair labour practice, the legislature has indirectly incorporated the equality clause in the act. the new dimension given to the provisions of article 14 by the apex court in maneka gandhi v. union of india, air 1978 sc 597 and further extension of those principles in shrilekha vidyarthi v. state of uttar pradesh, air .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1973P& H163
..... , volume 14 paragraph 446):--'where, however, a parliamentary election petition complains of the conduct of a returning officer, he will, for all the purposes of the act, except as regards the admission of respondents in his place, be deemed to be a respondent. the allegation against the returning officer need not necessarily be one ..... 125) which provided that when an election petition complained of the conduct of a returning officer, such returning officer shall for all the purposes of the act be deemed to be a respondent. reference was similarly made to the observations in the dissenting judgment of sen j., regarding the express provision contained in ..... election petition will be tried expeditiously and there will be every likelihood of its trial being concluded within six months as contemplated by section 86(7) of the act. secondly, the double trial of the petition will be obviated. take for instance the present case. in the election petition practically all the allegations of corrupt .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H386
..... hereinafter referred to as the act) and is carrying on its business activities at sonepat under the name and style of the sonepat co-operative sugar mills ltd. ajit singh, respondent no. 2, was employed as a legal assistant in the supervisory grade 'b' vide appointment letter dated 27th september, 1978. the duties which were ..... 6th november, 1979 decided to abolish the post at the close of then crushing seasons. respondent no. 2 had been appointed with effect from 28th september, 1978 and was kept on probation for one year. as under the new staffing pattern, no post of legal assistant was provided for the petitioners-society, respondent ..... , promotes their contentment and regulates situations of crises and tension where production may be imperilled by untenable strikes and blackmail lock-outs. the mechanism of the act is geared to conferment of regulated benefits to workmen and resolution, according to a sympathetic rule of law, or the conflicts, actual or potential, between managements .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... of the enactment.'132. dealing with section 125, cr.p.c. justice krishna iyer observed as follows in ramesh chander v. veena kaushal, air 1978 sc 1807 (at p 1809):--'this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional ..... university grants commission' (1987) 3 serv lr 841, the central administrative tribunal itself held that, 'the central administrative 'tribunal constituted under the administrative tribunals act cannot, therefore, entertain the grievance of the employees of the university grants commission, the university grants commission is a body which may be termed as an ..... objections regarding the maintainability of the writ petition. it is contended:--(i) firstly, that in view of the provision of the central administrative tribunal act, the present writ petition was not maintainable as the employees of the respondent-union territory administration, as the petitioners, are subject to the jurisdiction of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1988(16)ECC6; 1988(34)ELT631(P& H)
..... is attracted wherever the statutes does not contain the definition of the product or the goods in question. (see parrits and spencers (asia) ltd. v. state of haryana - [(1978) 42 s.t.c. 433]. it is by its functional character that a product is so identified. it is a matter of common experience that the identity of an article ..... customers become manufacturers of motor vehicles as defined under section xvii, chapter 87, heading nos. 87.02 and 87.04 of the schedule to the central excise tariff act, 1985 ('the. act', for short) and are liable to pay excise duty and to take licence, are the issues raised in this bunch of writ petitions, i.e. c.w.p ..... of rupees. so, none of the petitioners is in a position to manufacture motor vehicles.9. 'motor vehicles' is defined under section 2(18) of the motor vehicles act, 1939, to mean 'any mechanically propelled vehicles adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1990]69CompCas556(P& H)
..... application in the supreme court of india against the levy of damages amounting to rs. 51,857.40 in respect of the period july, 1977, to march, 1978, and the hon'ble supreme court allowed the stay of recovery of the amount on the condition that the company deposits rs. 30,000 in the court, ..... judicial magistrate or the judicial magistrate, faridabad. it was further pleaded that the past performance of the company for non-compliance with the provisions of the companies act, for not filing the statutory returns, such as balance-sheets and annual returns, disentitle them from the discretionary relief of this court. the following complaints for ..... repayments to other unsecuredcreditors. some statutory dues in the form of provident funds (employees' and employer's share) payable under the provident funds and miscellaneous provisions act could not be deposited despite using due diligence, care and caution on the part of the managing director, directors and officials of the company.6. the provident .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H187
..... retrenchment has held to that dispute.....'section 2(k) of the act says that'industrial dispute' means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected with ..... clerical work for hire or reward, whether the terms of employment be expressed or implied, and for the purpose of any proceeding, under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection, with, or as a consequence of, that ..... not a 'workman' within the contemplation of this clause. well then, who is a 'workman' within the meaning of this clause? section 2(s) of the act defines a 'workman' as follows:''workman' means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical, or .....
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