Court : Mumbai
Reported in : [1979(39)FLR329]; (1980)ILLJ336Bom; 1979MhLJ874
..... rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of workmen.' rule 81 of the industrial disputes (bombay) rules, 1957, provides for the maintenance of seniority list of workmen and states that the employer shall prepare a list of all workmen in the particular category from ..... however, came to the conclusion that the termination of the petitioner's service amounted to retrenchment attracting the provisions of s. 25f of the industrial disputes act, and that the bank not having complied with the mandatory provisions of that section, the order of termination could not be sustained. the tribunal concluded ..... . the result would be utter chaos where industry and business would grind to a halt. 21. chapter vb contains special provisions relating to lay-off, retrenchment and closure in certain establishments. this is a special chapter, the provisions whereof come into force when a certain contingency arises, namely, lay-off, retrenchment and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All42
..... the mere keeping of section 99-a in part vii is not a circumstance helping the defendant-appellant in advancing his submission. if we look more closely at the chapter, we find that reasons are manifold to reject the submission. if the intention was as suggested by the counsel by insertion of section 99-a, to keep the ..... the right of appeal was matter of substantive right and not merely of procedure came up for decision before the supreme court in garikapati v. subbiah choudhry (air 1957 sc 540). after discussing the cases decided by various courts, the supreme court found amongst others, the following principles which emerged from those decisions.(1) the right ..... same time that the gold-den rule of construction is that, in the absence of anything in the enactment to show that law should have retrospective operation, an act should be construed so as to apply prospectively. these propositions are, however, subject to the control by the legislature. the legislature can enact a law taking away .....
Tag this Judgment!Court : Delhi
Reported in : AIR1980Delhi83
..... the payment of annual rental/ground rent and not for premium. the land in question belongs to the union of india but under section 21 of the delhi development act, 1957 the d.d.a. is empowered to dispose of the land, inter-alia, by way of lease. on 16th june, 1969, the petitioners submitted a tender for ..... are matters of infinite variety, and are by no means confined to subjects which are dealt with in chapter viii of the evidence act. a man may be estopped not only from giving particular evidence, but from doing acts, or relying upon any particular arguments or contentions which the rules of equity and good conscience prevent him ..... consideration is so firmly entrenched in common law and judicial thinking in england, that even after fusion of common law and equity (brought about by supreme court judicature act, 1873 and 1925) the english courts resist any attempt at diluting the requirement of 'consideration'. in india, principles of equity are incorporated in our codified law from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC738; (1980)2SCC129; [1980]2SCR704
..... the authority is respondent 1 and union of india, respondent 2. petitions were mainly contested by and on behalf of the authority.5. the delhi development act, 1957 ('act' for short), was enacted as its long title shows with the a view to providing for the development of delhi according to the plan and for arresting ..... other persons and for such purpose or purposes as it may think fit. chapter 1ji-a which was inserted by the amending act of 1963 confers power for modification of the master plan once prepared. chapter iv provides for development of lands. chapter v confers power on the central government to acquire land for the purposes ..... of development or for any other purpose under the act under the provisions of the land acquisition act, 1894, and further authorises the central government to transfer the land so acquired to the authority. chapter vi provides for finances and audit of the accounts of the authority. chapter vii provides for supplemental and miscellaneous provisions. section .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]126ITR1(Guj)
..... the transferee for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act or the wealth-tax act, 1957 (27 of 1957), the competent authority may, subject to the provisions of this chapter, initiate proceedings for the acquisition of such property under this chapter : provided that before initiating such proceedings, the competent authority ..... other assets which have not been or which ought to be disclosed by the transferee for purposes of the indian income-tax act, 1922, the income-tax act, 1961, or the wealth-tax act, 1957. the rules of evidence set forth in the preceding paragraph will apply at the stage of initiation of proceedings also. ..... the conditions precedent prescribed for the exercise of powers conferred upon the competent authority under chap. xx-a of the act.5. chapter xx-a which contains sections 269a to 269s was inserted by the taxation laws (amendment) act, 1972, and the insertion took effect from november 15, 1972. in cit v. vimlaben bhagwandas patel : [ .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)16CTR(Bom)315; [1980]126ITR1(Bom); [1980]3TAXMAN541(Bom)
..... by the transferee for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act or the wealth-tax act, 1957 (27 of 1957), the competent authority may, subject to the provisions of this chapter, initiate proceedings for the acquisition of such property under this chapter :6. provided that before initiating such proceedings, the competent ..... or other assets which have not been or which ought to be disclosed the transferee for purposes of the indian income-tax act, 1922, the income-tax act, 1961, or the wealth-tax act, 1957.42. the rules of evidence set forth in the preceding paragraph will apply at the stage of initiation of proceedings also. ..... the conditions precedent prescribed for the exercise of powers conferred upon the competent authority under chap. xx-a of the act.5. chapter xx-a which contains ss. 269a to 269s was inserted by the taxation laws (amendment) act, 1972, and the insertion took erect from november 15, 1972. in cit v. vimlaben bhagwandas patel : [1979 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1982]134ITR158(AP)
..... 'tax' means - (a) income-tax or super-tax (including advance tax) due under any provision of the act; (b) wealth-tax due under any provision of the wealth-tax act, 1957 (27 of 1957); (c) gift-tax due under any provision of the gift-tax act, 1958 (18 of 1958); (d) super profits tax due under any provision of the super profits tax ..... means - (a) income-tax or super tax (including advance tax), due under any provision of the act; (b) wealth-tax due under any provision of the wealth-tax act, 1957 (27 of 1957); (c) super profits tax due under any provision of the super profits tax act, 1963 (14 of 1963); (d) surtax due under any provision of the companies (profits) surtax ..... or from a ship to which this section applies shall be computed in accordance with the provisions contained in chapter iv-d. (6) nothing in this section shall affect the application of the provisions contained in chapter xi in relation to the profits and gains derived from an industrial undertaking or business of a hotel or .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj98; 1980()WLN344
..... merits on the ground on which he did. in this connection, it is necessary to notice some of the sections which are having bearing on the question. chapter ii of the act deals with survey of wakfs, it contains sections 4, 5, 6, 7 and 8. section 4 deals with preliminary survey of wakfs. section 5 (1) provides that ..... -section (2) of section 5 shall, unless it is modified in pursuance of a decision of the civil court under sub-section (1) be final and conclusive.' chapter iv deals with registration of wakfs. section 25 provides for registration and section 26 makes it incumbent on the board to maintain a register of wakfs containing the particulars mentioned ..... anxious and thoughtful consideration to the rival contentions raised by the learned counsel for the parties.9. the commissioner of wakfs was appointed under section 4 of the act on october 18, 1957. the wakfs board was constituted on august 6, 1962. the suit was filed by the respondents against ayub and four others on mar. 20. 1958. the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1612; (1980)4SCC211; [1980]3SCR946
..... of sub-section (1) says that the person must fulfil such other conditions as may be specified in the rules made by the state bar council under chapter iii of the act which concerns the admission and enrolment of advocates. under the rules so framed a person desirous of being enrolled as an advocate has to apply in the ..... :-'electoral roll' means and includes the roll containing the names of the advocates prepared in accordance with the rules of the bar council of india in part iii, chapter i. the impugned proviso added to clause (j) in the year 1978 runs thus :-provided that the electoral roll shall not include' the name of such advocate ..... of estoppel nor the principle of approbation and reprobation can be pressed into services in this case.15. in chief commissioner, ajmer v. radhey shyam dani : [1957]1scr68 the respondent before the supreme court had filed a writ petition in the court of chief commissioner of ajmer challenging the validity of the notification directing the holding .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... before the constitution bench in the state of bombay v. r.m.d. chamarbaugwala. : [1957]1scr874 in that case the constitutional validity of certain provisions of the bombay lotteries and prize competition control act, 1952, as amended by bombay act no. xxx of 1952, was challenged on the ground, inter alia, that it infringes the ..... india, very few scientific studies in regard to crime and punishment in general, and capital punishment, in particular, have been made. counsel for the petitioners referred us to chapter vi, captioned 'capital punishment, in the book, 'quantum of punishment in criminal law in india, written by dr. kripal singh chhabra, now on the staff of ..... 'capital punishment' was the first major survey of the problem from an international stand point on the deterrent aspect of the death penalty and in its third chapter, it contained a cautious statement 'that the deterrent effect of the death penalty is, to say the least, not demonstrated' this view had been expressed not .....
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