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Damodar Valley Corporation Vs. Union of India and Ors

Court : Jharkhand

..... 647 of 2011 damodar valley corporation, a corporation under the act of parliament known as dvc act, 1948 through its personnel manager(a), dvc chandrapura thermal power station, chandrapura, po&ps chandrapura, district bokaro represented through sri ram ..... in the enquiry under section 7(a) of the employees provident fund and miscellaneous provisions act, 1952 (epf and mp act, 1952), the management of chandrapura thermal power station of dvc appeared on 25.05.2010 and presented its case and gave details regarding remittance of employees provident fund and other funds of the workers of dvc ..... allowances paid to the workmen as a result of the tripartite agreement do not form part of the basic wage and thus, cannot be included for contribution of employer contribution under the employees provident fund and miscellaneous provisions act, 1952. ..... not paid in the form of additional bonus for extra work/overtime rather, it is in the form of contribution of each workmen to the profit earned by the management of ctpc and thus, in my opinion it forms part of "basic wage" as defined under section 2(b) of the act and it is not excluded under section 26 of the employees provident fund and miscellaneous provision act, 1952. ..... 2(b) of the employees' provident funds and miscellaneous provisions act, 1952 defines basic wages as follows :2 ..... to the rival contentions raised on behalf of the parties, provisions under the employees provident funds and miscellaneous provisions act, 1952 may usefully be notice. .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... damodar valley corporation act ..... had left behind his widow and children (class-i heirs.while the appellant (father) was only a class-ii heir and was not entitled to succeed the estate of the deceased under the hindu succession act, 1956 in the presence of class-i heirs.in the second case, the father (karimul hajazi) of the deceased was held to be a victim on applying the principle of muslim law under which the person responsible for the ..... another person who has been charged as an accused, is the victim within the meaning of section 2(wa).similarly, if as a result of the aggravated form of victimization, such victim of firs.part does not survive, the second part of the definition of victim as defined in section 2(wa) of the code substitutes the firs.part and crm-790-ma-2010 final - 31 - becomes operative whereupon the guardian (if such victim was a minot or of unsound mind) or the legal heirs of the deceased victim, as the ..... court may, where such fine is recoverable from a person convicted of any offence for having caused the death of another person, order the whole or any part of the fine so recovered to be applied, inlcuding in paying compensation to the persons who are, under the fatal accidents act, 1855 (13 of 1885).entitled to recover damages from the person sentenced for the loss resulting to them from such death .crm-790-ma-2010 final - 35 - (59). ..... provident funds and miscellaneous provisions act 25. ..... ores limited (acquisition of shares) and miscellaneous provisions act 61. .....

New India Assurance Co. Ltd. Vs. Anand Electricals and ors.

Court : Patna

..... reliance made by the court below in the case of damodar valley corporation (supra) has not been properly construed in its proper perspective in applying to the facts and circumstances of the case ..... the tenderer after receiving the payment claimed from the damodar valley corporation the damages for repudiation of the contract. ..... that case, the fact of payment of full and final settlement to the satisfaction was disputed vis-a-vis whether the damages as claimed by the tenderer was within the scope of the settlement made on payment by the corporation was required to be decided by the arbitrator.in the present case, the question of repudiation of contract is not there. ..... learned court below by the impugned order rejected the prayer relying on the decision of damodar volley corporation v. k.k. ..... decision of two disinterested persons as arbitrators of whom one shall be appointed in writing by each of parties within two calender months after having been required so to do in writing by the other party in accordance with the provisions of the arbitration act, 1940, as amended from time to time and for the time being in force. ..... sharma, subordinate judge-i, ranchi, in miscellaneous case no. ..... then finding no other alternative, the petitioner made a petition under section 33 of the act challenging the appointment of the arbitrator and invoking of arbitration clause as per the contract.4 ..... : [1974]2scr240 and disagreeing with the decision of the apex court in damodar engineering & construction and co. v. .....

M. Shamsundar Vs. Madras Fertilizers Ltd. and 4 ors.

Court : Chennai

Reported in : 1995(2)CTC471

..... damodar valley corporation : air1974cal69 . ..... thereafter due to certain portfolio changes the miscellaneous petitions have come up before me for orders.3. ..... deal with the another preliminary objection raised by the learned counsel for respondents 1 and 2 to the effect that no writ petition at all is maintainable because the first respondent company is a company registered under the companies act and not amenable to the jurisdiction of this court under article 226 of the constitution of india. ..... the above miscellaneous petitions arise out of the writ petition no. ..... these miscellaneous petitions had come before lakshmanan, j. ..... a few facts are necessary before dealing with the miscellaneous petitions.2. ..... the first respondent is a company registered under the companies act, 1956 with the following share holding pattern :-government of india - 67.55%the national iranian oil company, tagran, iran 32.45%.the company is carrying on business in the manufacture and marketing of phopetic fertiliser and ure. ..... the petitioner was acting as the deputy general manager, market development department of the company. .....

Mazhar HussaIn Vs. Madhya Pradesh State Road Transport Corporation (by ...

Court : Madhya Pradesh

Reported in : (1968)IILLJ287MP

..... speaking generally, the legal position is that employees of statutory corporations like the damodar valley corporation, the calcutta port trust, improvement trust, the state co-operative bank, the state bank of india, a district board or municipality, which are separate legal entities having independent existence, do, ..... damodar valley corporation : air1953cal581 ; damodar valley corporation ..... applies, and has been extended to corporations constituted under the road transport corporations act, 1950 (64 of 1950); andhra pradesh state road transport corporation v. ..... will be entitled to leave and other benefits on the same basis as if his service under the corporation was a continuation of the total uninterrupted service under the central provinces transport services.3. ..... , which in our opinion, correctly state the law, the petitioner cased to hold a civil post under the state as soon as his services were transferred to the madhya pradesh state road transport corporation and he could not, thereafter, claim the protection afforded by article 311.5. ..... miscellaneous ..... an assistant traffic inspector under the central provinces transport services, which was a state-owned transport undertaking, till 1 june 1962 when the madhya pradesh state road transport corporation constituted under section 3 of the road transport corporation act, 1950 (64 of 1950), took it over. ..... he became an employee of an incorporated body constituted under a central act and ceased to hold a civil post under the state within the .....

K.c. Ninan Vs. Kerala State Electricity Board & Ors.

Court : Supreme Court of India

..... on 30 june 2012, the appellant electricity utility, damodar valley corporation, and capricorn ispat udyog private limited, the previous owner, entered into an agreement for supply of electrical energy. ..... item 101.18: damodar valley corporation v. ..... this makes it clear that apart from the mseb conditions of supply, which have statutory effect, the purchaser who purchased property in auctions conducted under section 29 of the state financial corporations act also had knowledge of his liability for the past arrears of electricity of the premises when he bid in the auction. ..... 116 part g202 it was the submission of the respondents that the impugned circular cannot affect the rights of the auction purchasers who purchased sick/ closed industrial units under section 29 of the state financial corporation act 1951 as the sale was not voluntary . ..... furthermore, section 29(2) of the state financial corporation act provides that a sale under section 29 which resulted in transfer of property shall vest in the successor all rights in the property transferred as if the transfer has been made by the owner of the property. ..... 135 part g246 on 10 august 2001, gujarat electricity board issued a notification under section 49 of the 1948 act incorporating condition 2(j) in the condition and miscellaneous charges for supply of electrical energy . .....

Arup Bhuyan Vs. The State Of Assam Home Department

Court : Supreme Court of India

..... be served on such association in such manner as the central government may think fit and all or any of 74 the following modes may be followed in effecting such service, namely: (a) by affixing a copy of the notification to some conspicuous part of the office, if any, of the association; or (b) by serving a copy of the notification, where possible, on the principal office-bearers, if any, of the association; or (c) by proclaiming by beat of drum or by means ..... unlawful activity, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),-- (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of a part of the territory of india from the union, or which incites any individual or group of individuals to bring about such cession ..... on any (i) the professional or occupation, trade technical qualifications or business necessary for practising of any profession or carrying on of any occupation, trade or business (ii) the carrying on by the state, or by a corporation owned or controlled by the state, of any trade, 10 business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.36. ..... the working journalists (conditions of service) and miscellaneous provisions act, 1955 was in question. ..... 1948 .....

Lalit Kumar Jain Vs. Union Of India

Court : Supreme Court of India

..... (1) "adjudicating authority", for the purposes of this part, means na- tional company law tribunal constituted under section 408 of the companies act, 2013 (18 of 2013); *** (5) "corporate applicant" means-- (a) corporate debtor; or (b) a member or partner of the corporate debtor who is authorised to make an application for the corporate insolvency resolution process under the constitutional document of the corporate debtor; or (c) an individual who is in charge of managing the operations and resources of the corporate debtor; or (d) a person who has the control ..... or liquidation or bankruptcy proceedings, as the case may be, under this code, the resolution professional, liquida- tor or bankruptcy trustee, as the case may be, is of the opinion that assets of the corporate debtor or debtor, including a personal guarantor of a corporate debtor, are situated in a country outside india with which reciprocal arrangements have been made under section 234, he may make an application to the adjudicating au- thority that evidence or action relating to such assets ..... was jatindra nath gupta where the validity of section 1(3) of the bihar maintenance of public order act, 1948 was challenged on the ground that it empowered the provincial government to extend the life of the act for one year with such modification as it could deem fit. ..... dated 19.08.2016 brought into force chapter vii) of part-iv and some provisions of part-v relating to finance, acts, audit and miscellaneous provisions. ..... damodar .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... , other than the minority educa- tional institutions, is concerned but such special provisions shall not include the reservation of seats for election to the vil- lage panchayat samitis, zilla parishads, municipal councils, municipal corporations, etc; (e) it is expedient to provide for reservation to such classes in admissions to educational insti- tutions including private edu- cational institutions whether aided or unaided by the 219 state, other than ..... to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely : (a) summoning and enforcing the attendance of any person from any part of india and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) ..... tribes.88. the composite commission for scs and sts was bifurcated by another amendment- the constitution (eighty ninth amendment) act, 2003, which inserted 86" the scheduled castes " means such castes, races or tribes or parts of or groups within castes, races or tribes, being castes, races, tribes, parts or groups, which appear to his majesty in council to correspond to the classes of persons formerly known as " the depressed classes", as his majesty in ..... in the constituent assembly debates dated 30.11.1948 while debating draft article 10/3 ..... 2020 sagar damodar sarda & .....

Sri. L. Ramareddy Vs. The State Of Karnataka

Court : Karnataka

..... . the damodar valley corporation act, 1948 (14 of 1948).4 ..... part viii pertained to miscellaneous provisions. ..... the provisions relating to planned development of the state or any part thereof, read in conjunction with the object of the act, show that different time-frames are required for - :44. ..... after receiving the scheme, the government is required to ensure that the notification is published in the official gazette and affixed in some conspicuous part of its own office as well as in such other places as the authority may consider necessary.22. ..... the scheme of the act does not admit any necessity for reading the provisions of sections 6 and 11-a of the land acquisition act, as part and parcel of the bda act for attainment of its object. ..... acquisition of land for companies was dealt with in part vii of the said act and a special procedure was prescribed. ..... if at all, the bda act, so far as acquisition of land for its developmental activities are concerned, in substance and effect will constitute a special law providing for acquisition for the special purposes of the bda and the same was not also considered to be part of the land acquisition act, 1894. ..... . (3) the provisions of part iii of this act shall apply, so far as may be, to the determination of the compensation payable under this section ..... this clearly demonstrates that all the provisions of the land acquisition act introduced by later amendments would not, per se, become applicable and be deemed to be part and parcel of the mrtp act. .....