Court : Karnataka
Reported in : ILR1984KAR539; (1984)IILLJ400Kant
..... or in any particular clause.' 7. in some cases, a hearing of the parties may put an end to the adjudicatory process prescribed under chapter iii of the act when the government declines to make a reference. in those cases the parties had come before the conciliation officer earlier, filed their statements and been ..... case for a hearing in this administrative process is that, the appropriate government, at that stage, decides something affecting the right of parties; that from that administrative act certain 'civil consequence' affecting the parties emanate, and that, unless some exclusionary principle could be appealed to, the rule of 'audi alteram partem' stands attracted. ..... stage to note the weighty observations of the constitution bench of the supreme court in niemla [1957-i l.l.j. 460], for a proper appreciation of the power conferred on the appropriate government under s. 10 of the act. repelling the challenge to the constitutional validity to that section, the supreme court ruled : .....
Tag this Judgment!Court : Delhi
Reported in : ILR1984Delhi741; 1984LabIC108; (1983)IILLJ441Del
..... . at one stage in the course of hearing a suggestion of compromise was made that 1-8-1928 be accepted as her date of birth and this unhappy chapter be closed. she said that on joining she will make no claim for arrears of salary from 25-11-1980 till she is restored to her office if ..... it. it recognises 'qualifications' and 'higher qualifications' for the profession of nursing. it can withdraw the recognition. its functions are defined in sections 10 and 14 of the act. it has power to make subordinate legislation i.e. to frame regulations. but the preparatory work is done by the executive committee through the inspectors. executive committee appoints inspectors ..... of dismissal is made in violation of mandatory provision of a statute the order is a nullity. because a statutory body has acted in .breach of a mandatory obligation imposed by a statute. vine v. national dock labour board (1957) a. c. 488, ridgev. baldwin (1964) ac 40, malloch v. aberdeen coro (1971) 1 wlr 1578 have established this .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj252
..... if upon such consideration, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. it ..... with regard to an offence involving moral turpitude and the petitioner is being tried for a case pending trial in a court of law. in ram naresh pandey's case (1957 cri lj 567) (sc) (supra) it was observed as under:'it cannot be said that in a case triable by a court of session, an application by the ..... reasonable principle. when criminal proceedings in regard to an offence involving moral turpitude is pending trial against such person, he cannot be permitted to take part in any act or proceedings of the panchayat and the legislature in its wisdom thought it proper to empower the state government to suspend such person.5. it was also contended by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj185; 1983()WLN439
..... orders passed by the high court, apart from orders made under section 98 or 99, then it could have easily expressed its intention in this respect in chapter 4-a of part vi of the act, which specifically and exclusively deals with the matter of appeals. the omission on the part of the parliament to refer to any other right of appeal ..... suitable amendment, the election petition cannot be thrown out on the ground that it was not an election petition at all. 77. in harish chandra bajpai v. triloki singh, (air 1957 sc 444) it was laid down that even provisions of section 93(3) did not exclude the application of order 6 rule 17 c. p. c. for amendment of an ..... one of those named, is impliedly prohibited. 48. learned counsel for the appellant referred to the two decisions of the supreme court in harish chandra bajpai v. triloki singh, air 1957 sc 444, and in inamati mallappa basappa v. desai basavaraj ayyappa, air 1958 sc 698, in support of his submission that the provisions of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1128; 1983(2)SCALE396; (1984)1SCC119; 1984(16)LC57(SC)
ORDER1. These writ petitions Nos. 5310 and 5311 are by two students, Ajit Kumar Jha and Neeraj Sinha of the Jawaharlal Nehru University, Ajit Kumar Jha is stated to be a student of M.A. IVth. Semester and Neeraj Sinha is stated to be a terminal M.A. student studying for seminar papers. In the Writ Petitions the notification dated 11. 5. 1983 and circular dated 12.5.1983 asking the students to vacate the hostel rooms within 48 hours of 14th May 1983 are challenged. This notification and the circular were challenged in the High Court of Delhi and the High Court passed an interim order directing the students to submit their representations to the authorities for consideration to stay in the hostel and directed the University authorities to consider those applications. The two petitioners in these writ petitions also made representations. Ajit Kumar Jha has stated in his representation that his admission process for M. Phil in the Oxford University is going on and he has given his hostel a...
Tag this Judgment!Court : Gujarat
Reported in : [1986]59CompCas368(Guj)
..... . at page 205 of the same volume of gower, are found the observations pertaining to the organic theory and it has been observed in this connection : 'in a previous chapter, we have seen that in relation to the internal operation of a company, the general meeting, the board of directors and even a managing director have, in effect, come to ..... managing directors are discussed at page 19 and it is stated : 'this wide delegation of the company's powers is, however, to the directors acting as a board, not to the individual directors.' 33. then, in chapter 6, at page 112, is found a discussion pertaining to lifting of the corporate veil. it is observed, relying on diverse decisions of english ..... appeal brought to this court from the appellate judgment and order of the allahabad high court. in state of u.p. v. ibrar hussain, cr. app. nos. 148 of 1957 and 4 of 1958, d/28-4-1959 (sc), this court observed that it was not necessary to make certain remarks which the high court made in its judgment. here .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1990)LC725Tri(Delhi)
..... carts taken for carriage, was held to extend to degrees of nobility not known when it was made, such as 'dukes, marquises and viscounts'.and similarly, engraving copyright act, 1934 which imposed a penalty for piratical engraving, by etching or otherwise, or 'in any other manner copying prints and engravings', applied to copying by photography. edison ..... interpreting tamil nadu minor mineral concession rules, 1959, made by the state in exercise of powers conferred under section 15 of mines and minerals (regulation and development) act, 1957, following state of u.p. vs. babu ram upadhya air 1961 sc 751, to which reference has already been made (in the main order) and maxwell and ..... industrial development. the reference to salt commissioner had to be there in the rules because salt still remains on the statute book in the form of chapter v of the act but that existence is only nominal as there can be no disputing the proposition that for all practical purposes, as an excisable commodity, it is .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1983)6ITD225(Kol.)
..... that the amended law stood during the assessment year and the ito did not allow deduction correctly under section 80m. sections 80aa and 80ab were introduced in chapter via by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968 and 1-4-1981. it has been stated earlier that for reopening the assessment under section 147(b), ..... to the relevant income-tax authorities to determine the said question by taking appropriate proceedings both against a and b . . .this view was also taken in jagannath hanumanbux v. ito [1957) 31 itr 603 (cal.), smt. hemlata agarwal v. cit [1967] 64 itr 428 (all.) and sidh gopal gajanand v. ito [1969] 73 itr 226 (all.). therefore, if the ..... high court in raja benoy kumar sahas roy v. cit [1953] 24 itr 70 which was affirmed by the supreme court in cit v. raja benoy kumar sahas roy [1957] 32 itr 466.the decision of the calcutta high court was available in darbhanga marketing co. ltd.'s case (supra). therefore, it could not be said that there was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438
..... be prescribed.(3) (a) every deposit accepted by a company at any time before the commencement of the companies (amendment act, 1974 in accordance with the directions made by the reserve bank of indian under chapter iiib of the reserve bank of india act, 1934(2 of 1934), shall, unless renewed in accordance with clause (b) be repaid in accordance with the terms ..... of justice a.v. vishwanatha sastri, retired judge of the madras high court in may 1957 to examine the working of the companies act, 1956. the terms of reference of the committee were quite wide. this committee submitted its report in 1957, which led to the companies (amendment) act, 1960. this amendment was specifically directed to the safeguarding of the private investment in the .....
Tag this Judgment!Court : Delhi
Reported in : 29(1986)DLT143
..... norms as commercial property where does the freedom (of expression) of the author and, where does the director begin what is the scope and width of section 57 of the copyright act, 1957? these are the questions raised in mannu bhandari's suit against m/s. kala vikas pictures (pvt.) ltd. and its producer and director. kala vikas has produced motion picture 'samay ..... of vital interest to each society. law protects this social interest. section 57 of the copyright act is on a such example of legal protection. section 57 lifts authors' status beyond the material gains of copyright and gives it special status. (9) section 57 falls in chapter xii of the act concerning civil remedies. section 55 provides for certain remedies where there is infringement of .....
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