Court : Andhra Pradesh
Reported in : 2003(6)ALD522
G. Bikshapathy, J. 1. Assailing the validity of G.O. Ms. No. 505 Education Department dated 11.11.1998 and G.O. Ms. No. 538 Education Department dated 26.11.1998, several O.As, were filed by the teachers working in Government Schools and also the Mandal Educational Officers Association. The challenge is made to the alleged Integration of the Services of the teaching staff working in the Government schools with that of the schools under the control of the Zilla Parishads and Panchayat Samithies.2. Few facts are necessary to appreciate the matter in a more detailed manner.In the erstwhile Andhra State, all the schools in the State were established by the Government under the control of the Education Department. However, consequent on the formation of Zilla Parishads and Panchayat Samithies, the schools which were hitherto maintained by the District Boards in the Andhra area were taken over by the Zilla Parishads along with the staff in 1959. As far as Telangana Area is concerned, prior t...
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
R. Balia, J. 1. The two petitions raise substantively identical questions and have been heard together at the request of counsel for the parties. Hence, I propose to deal with the same by a common order. First about facts : The facts and preliminary objections relating to Special Civil Application No. 2224 of 1996. 2. This petition has been filed in the circumstances to be stated hereinafter and raises the issue about the authority of the Securities and Exchange Board of India (for short, 'the SEBI') to order impounding and/or confiscation of the whole or a part of the consideration of a completed transaction, which in ordinary circumstances concerned the party to the transaction is entitled to receive and for whom it is an actionable claim, under the existing provisions of law under which the Securities and Exchange Board of India functions. This issue is similar to the one raised in Special Civil Application No. 5483 of 1996 - D. M. Investments v. Securities and Exchange Board of Ind...
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
R.K. Abichandani, J.1. These four petitions raising the following questions referred by two learned Single Judges are listed before us alongwith other cognate matters which are tagged with them.Questions Referred:2. In Special Civil Applications No.4715 of 2003 and 4435 of 2001, the learned Single Judge, (H.K. Rathod, J.), by his order dated 4-12-2003, formulated six questions for referring them to the Larger Bench in the following terms;'(1) Whether the Forest Department and the Irrigation Department of the State can be said to be an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 or not ?(2) What is the correct law between the two different views/ratios laid down by two different Division Bench of this Court in case of PWD EMPLOYEES UNION THROUGH ITS SECRETARY, 1987[2] GLR 1070 wherein the Irrigation Department of the State is held to be an industry for the purpose of I.D. Act and decision of Division Bench of this Court in case of SHANKERJI CHELAJI T...
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All56
R.M. Sahai, J.1. Renewal of Nazul land leases of Civil Lines, Allahabad, sprawled over an area of approximately 662 acres, one of the poshest localities of the town, renowned for its quiet serenity, famous for its, till recently, sophisticated looking marketing centre, inhabited by Judges, Lawyers, doctors, educationists, journalists, businessmen and now by a neo-rich class as well with no ostensible means but affluent and powerful, least but no less important out-house dwellers with no right or title but vote bank, has been eluding solution for more than two decades now. If the first phase beginning from March, 1959, when government issued order laying down conditions for renewal of leases, came to an end in April, 1965 when government directed the District Magistrate to renew leases of those who complied with modified conditions was marked with representations and objections by lease-holders' Association to what appeared to them to be unreasonable restrictions on right of alienation ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
ORDERK. Ramaswamy, J.1. Leave granted.2. These appeals by special leave arise from the judgment of the Division Bench of the Bombay High Court dated April 28, 1992 made in Appeal No. 146 of 1990 and batch. The facts in appeal arising out of S.L.P. 7417/92, are sufficient to decide the questions of law that have arisen in these appeals. The appellant initially was a statutory authority under international Airport Authority of India Act, 1971 (for short, 'IAAI Act') and on its repeal by the Airports Authority of India Act, 1994 was amalgamated with National Airport Authority (for short, the 'NAA') under single nomenclature, namely, IAAI. The IAAI is now reconstituted as a company under Companies Act, 1956.3. The appellants engaged, as contract labour, the respondent union's members, for sweeping, cleaning, dusting and watching of the buildings owned and occupied by the appellant. The Contract Labour (Regulation and Abolition) Act, 1970 (for short, the 'Act') regulates registration of the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3106; JT2006(8)SC293; 2006(6)KarLJ457; 2006(8)SCALE710; (2006)11SCC731
AR. Lakshmanan, J.1. Leave granted in both the special leave petitions.2. These appeals have raised substantial questions of law involving interpretation of certain provisions of the Karnataka Urban Water Supply and Drainage Board Act, 1973 (for short 'the Act') and the Rules made thereunder and also the principles of law governing the Writ of quo warranto and the power of the Government to make a contractual appointment under Section 4(2) of the Act.3. Civil Appeal No. _______ of 2006 (Arising out of SLP (C) No. 9393 of 2006)This appeal was filed by Mr. B. Srinivasa Reddy (hereinafter called Mr. Reddy) seeking leave to appeal against the final judgment and order dated 04.04.2006 passed by the High Court of Karnataka at Bangalore in Writ Appeal No. 86 of 2006. By the impugned order, the High Court dismissed the writ appeal filed by the appellant-herein against the order dated 10.01.2006 passed by a learned Judge of the said Court in Writ Petition No. 9852 of 2004 and has declared that ...
Tag this Judgment!Court : Mumbai
Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)
V.C. Daga, J.1. These petitions seek to challenge the constitutional validity of the Maharashtra Tax on Luxuries Act, 1987 as amended by Maharashtra Tax Laws (Levy and Amendment) Act, 2001, being Maharashtra Act No. 22 of 2001. The petitioners are carrying on business of manufacture and sale of pan masala containing tobacco (gutkha) and pan masala without tobacco. All the petitioners are registered under the Bombay Sales Tax Act, 1959 ('the BST Act', for short), Central Sales Tax Act, 1956 ('the CST Act', for short), Central Excise Act, 1944 ('the Excise Act', for short) and have also applied for registration under Maharashtra Tax on Luxuries Act, 1987 ('the Luxury Tax Act', for short). 2. The petitioners being aggrieved by levy of luxury tax at the rate of 25 per cent are challenging the validity of the amended provision of the Luxury Tax Act on the ground that the purported levy of tax is in effect and substance a tax on sales and not on luxuries and, therefore, it is a colourable le...
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
H.N. Nagamohan Das, J.1. India is a land of religious and temples. The Anthropological Survey of India published the series 'Peoples of India' describing the Indian society, culture and traditions. Some of the main conclusions of the survey is as under:(i) Ours is one of the most diverse countries in the World. There are 4,635 ethnic communities in our country, each with its own hereditary features, language, dress, religious, customs, food habits, family relations and marriage rites. The basic lifestyles of these communities comprise the mainstream of the lives of our country's people;(ii) The people of India have emerged from miscegenation of several races like Proto-Australoid, Paleo-Mediterranean, Caucasoid, Negroid and Mongoloid. Various nationalities involved are: Aryans, Persians, Greek, Huns, Arabs, Turks, Africans, Mongolians and Europeans. There has been so much intermingling that nowhere can one find a 'pure' specimen of any nationality;(iii) It has been observed that differ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR2804
K.A. Swami, J.1. In alt these Petitions under Articles 226 and 227 of the Constitution, the petitioners - operators of the tourist, vehicles or stage carriages have sought for a declaration that the provisions of Section 200 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and Rule 259(2) of the Karnataka Motor Vehicles Rules, 1989 (hereinafter referred to as 'the Rules') are violative of Articles 14 and 19(1)(g) of the Constitution and to strike down the same. The petitioners - the operators of the tourist vehicles have also sought for a declaration that the operation of the tourist vehicles under valid tourist permits for Country wide operation between one terminus in home State and another terminus in another State are not liable to be seized and detained on the basis of Entry 16 of the Notification bearing No. FTD 18 TMR 85 dated 13-11 -1986 on the sole ground that the said tourist vehicles are operated as non-stop stage carriages between any two points and ca...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD474; 2004(3)ALT417
B. Sudershan Reddy, J.1. In this second round of litigation the constitutional validity of Section 12-A of the Andhra Pradesh Co-operative Societies Act, 1964 (Act No. 7 of 1964) (for short 'the Act') as substituted by Act No. 16 of 2003 is once again challenged and put in issue. The attack is based upon more or less similar grounds that were raised in the previous round of litigation that resulted in the decision in M. Krishnama Naidu and Ors. v. State of A.P., : 2003(5)ALD516 (DB).Factual backdrop:2. The petitioners herein are mainly aggrieved by the action of the respondents in proposing to transfer the assets or assets and liabilities of the co-operative sugar factories in question, in whole or in part, to any other society or person, etc. The orders passed by the Registrar of Co-operative Societies, Andhra Pradesh under Section 12-A(1) of the Act in purported public interest are challenged; and so also the consequential proceedings about which we shall refer in detail hereinafter....
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