Court : Karnataka
Reported in : ILR1982KAR622; (1982)ILLJ268Kant
..... fact that the petitioner was suspected of having caused assault of shamsundar, shroff and also there was a serious allegation against the petitioner in connection with the destruction of soiled currency notes, the management of the bank lost confidence in the petitioner and, therefore, without inquiring into the charges, the management exercised its power available ..... hindustan machine tools limited; (iii) the karnataka agro industries corporation limited, which are companies incorporated under the companies act, 1956 (central act 1 of 1956) and are government companies as defined in section 617 of the said act, fall within the meaning of the word 'state' as defined in article 12 of the constitution of ..... initial matters prior to the act of employment, but comprehends all matters in relation to employment both prior, and subsequent, to the employment which are incidental to the employment which are incidental to the employment and form part of the terms and conditions of such employment and form part of the terms and conditions of such employment such as, provisions as to salary, increments, leave, gratuity, pension age of superannuation, promotion and even termination of employment it is ..... held the lower post on permanent basis, if he had been reverted to the post of head store keeper, he would have been a workman as defined in the industrial disputes act and in which event, the services of the petitioner could not have been terminated without complying with the conditions set out in s .....
Tag this Judgment!Court : Chennai
Reported in : (2002)177CTR(Mad)129
..... they being, weeding, digging the soil around the growth, removal of undesirable undergrowths and all operation which foster the growth and preserve the same not only from insects and pests but also from depredation from outside, tending, pruning, cutting, harvesting and rendering the produce fit for the market. ..... it was the case of the assessee that though it was so, there was considerable amount of human labour and care applied year after year for keeping the forest alive as also for reviving the portions that get denuded as a result of destruction by cattle and other causes and the forest activities like pruning, weeding, felling, clearing, cutting of channels to help the flow of rain water, guarding the trees against pests and other destructive elements, etc. ..... the term agricultural income is defined in section 2(1) of the income tax act, 1961, which reads as follows :'agricultural income' means(a) any rent or revenue derived from land which is used for agricultural purposes and is either assessed to land revenue in india or is subject to a local rate assessed and collected by officers of the government as such;(b) any income derived from such land by(i) agriculture; or(ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... notification in the official gazette, such institution to increase the annual permitted strength over a maximum period of three years beginning with the academic session following the commencement of this act; and then, the extent of reservation for the other backward classes as provided in clause (iii) of section 3 shall be limited for that academic session in such manner that ..... each branch of study or faculty, fifteen per cent seats shall be reserved for the scheduled castes;(ii) out of the annual permitted strength in each branch of study or faculty, seven and one-half per cent seats shall be reserved for the scheduled tribes;(iii) out of the annual permitted strength in each branch of study or faculty, twenty-seven per cent seats shall ..... the history of the struggle against colonialism of the american people, sovereignty of several states which came together to form a confederation, the strains and pressures which induced them to frame a constitution for a federal government and the underlying concepts of law and judicial approach over a period of nearly 200 years, cannot be used to persuade this court to apply their approach in determining the cases ..... and pitilessly tyrannized by the ubiquitous caste system, a unique and devastating system of gradation and degradation which has divided the entire indian and particularly hindu society horizontally into such distinct layers as to be destructive of mobility, a system which has penetrated and corrupted the mind and soul ..... 1914 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1896; (1980)ILLJ137SC; (1980)2SCC593; [1980]2SCR146
..... as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, as it thinks fit, or give such other relief to the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman, including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the ..... as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal ..... because sri ashok sen, with feeling fury, fell foul of the criticism by the high court that the management had acted improperly in insisting on arbitration, and argued that when parties disagreed, arbitral reference was the only answer and the workers' fanatical rejection of arbitration made no sense we need not delve into the details of the correspondence relied on ..... the employer to terminate the services of his employee by discharge simpliciter without assigning reasons, it would be open to him to take recourse to the said term or condition and terminate the services of his employee but when the validity of such termination is challenged in industrial adjudication it would be competent to the industrial tribunal to ensure whether the ..... and destructive .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP551
..... having induced the other party to believe that ac counts have been settled so far as they are concerned and made him act on that basis it is not oper to the plaintiff to turn round and say that there was no settlement of accounts, in these circumstances it is too late for him to resort to a change of front and contend that there has been no settlement of accounts so as to bring the case within the scope of ilr ..... this pronouncement of the privy council is in any way injurious to the 6th defendant.it is no doubt true it is stated there that if no accounts of a dissolved partnership had been taken and 'there is no contest that the partners have squared up 'then the remedy open to any of the partners was only to have the accounts of the partnership taken when an asset belonging ..... x(b) x x x x x(c) where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires, or the condition is fulfilled; xxxxx' under this clause the licence would become void if there is a breach of a particular condition. ..... far from probablising the 1st defendant's case is destructive of the theory of abandonment in 1940.49. ex. ..... insects attack it from all points, laying their eggs in the bark and in the splits and cracks which develop on the ends and sidess; when these occur they will not close again and will seriously impair the value of the wood, fungus also naturally develops, the result being .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC606; 1974CriLJ479; (1974)4SCC201; [1974]3SCR9
..... therefore justified in rejecting the evidence of ram shanker also while dealing with the evidence of this witness the high court obscenes that 'the statement of a witness should be examined as a whole and the mere fact that the witness has denied certain statements made by him earlier under the challenge thrown to him in the witness-box during cross-examination should not detract from the ..... expressly stated in the code, but in exercising the power conferred by the code and before reaching its conclusions upon fact, the high court should and will always give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption ..... misconducted itself as to produce a glaring miscarriage of justice, or has been tricked by the defence so as to produce a similar result.sections 417, 418 and 423 of the code give to the high court full power to review at large the evidence upon which the order of acquittal was founded, and to reach the conclusion that upon that evidence the order of acquittal should be reversed no limitation should be placed upon that power, unless it be found ..... , is only to say that the high court in its conduct of the appeal should and will act in accordance with rules and principles well known and recognised in the administration of justice.9. ..... (1914) mad .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1495; 1985(1)SCALE832; 1985Supp(1)SCC714; [1985]Supp1SCR352
..... criterion for compensatory discrimination or affirmative action is accepted, it would strike at the root cause of social and educational backwardness, and simultaneously take a vital step in the direction of destruction of destruction of caste structure which in turn would advance the secular character of the nation. ..... statement of the constitution (first amendment) act,1951 section 2 thereof provided for addition to sub-article (4) of article 15 for a period of three and a half decades, the unending search for identifying socially and educationally backward classes of citizens has defied the policy makers, the interpreters of the policy as reflected in statutes or executive/administrative orders and has added a spurt in the reverse direction, namely, those who attempted to move upward/(pratilom) in the social ..... the hindu widows' re-marriage act permitted widows to remarry, long before the hindu marriage act permitted divorce, the custom of the several so called socially inferior classes or communities permitted re-marriage of widows and divorce. ..... they act as a balance wheel channelling compensatory policies and accommodating them to other commitments, but it is the political process that shapes the larger contour of these policies and gives them their ..... , it may be possible to demonstrate that amongst very many classes, castes or communities, considered socially inferior, child marriage persists to this day despite the child marriage restraint act and the hindu marriage act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(1)ALT629
..... 'university' means a university defined under clause (f) of section 2 of university grants commission act, 1956 and includes an institution deemed to be a university under section 3 of that act'.the meaning of 'commission' and 'university' cannot be in doubt as one is ; established under section 4 of the ugc act and the other is the one defined under clause (f) of section 2 of the ugc act, to mean a university established under the central act or provincial act or state act, which includes any such institution as may be recognised by the commission in ..... of these articles as has emerged through the judicial decisions so far is while article 246 states the obvious, that parliament has exclusive power to make laws with respect to any of the matters enumerated in list i and has also the power to make laws with respect to any of the matters enumerated in list iii, the state legislature has exclusive power to make laws with respect to any of the matters enumerated in ..... of orderliness in the society complains that any amount of irregularities are taking place in educational institutions in andhra pradesh, the events in the recent past reflecting the falling standards in the educational institutions and the role of higher-ups managing the educational system, having learnt that many technical institutions imparting mba course in the state do not possess technical approval from the council for technical education ..... 1,1914 edition, and page 27 of webster's dictionary, new revised .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... gujarati or hindi as the only medium of instruction and examination or even as one of the media of instruction and examinationon affiliated colleges and to forbid the use of english as a medium of instruction and examination in affiliated colleges, the provision enacted insection 4 (27) and the proviso whether old or new is violative of the fundamental rights conferred on religious and linguistic minorities under articles 29(1) and 30(1) of the constitution and is, therefore, null and void and statutes 207, 208 and 209 being in the nature of subordinate legislation are ..... judgment of the supreme court observed:'in every case where the legislative competence of a legislature in regard to a particular enactment is challenged with reference to the entries in the various lists it is necessary to examine the pith and substance of the act and if the matter comes substantially within an item in the central list, it is not deemed to came within an entry in the provincial list even though the classes of subjects looked at singly overlap in many respects' ..... affiliated colleges in regional languages in the present context of linguistic states would encourage fissiparous tendencies and foster regionalism and parochialism destructive of national unity and integration, the central government can as a matter of policy give directions to the commission to recommend to the universities that they should not impart education in regional languages but should adopt a common language as a medium of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT1138
..... notification, custom or usage having in the territory of india the force of law;(b) 'laws in force' includes laws passed or made by a legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas;(4) nothing in this article shall apply to any amendment of this constitution made ..... courts or to the high court praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of christianity for the profession of some other religion, and gone through a form of marriage with another woman;or has been guilty of incestuous adultery,or of bigamy with adultery,or of marriage with another woman with adultery,or of rape, sodomy or beastiality.or of adultery coupled ..... it was incorporated in the preamble; 'preamble: whereas it is expedient to amend the law relating to the divorce of persons professing the christian religion, and to confer upon certain courts jurisdiction in matters matrimonial......however the extent of power to grant relief generally on the courts was incorporated in section 2 by the act 25 of 1926 and by the act 30 of 1927 in section 2 as follows:'extent of power to grant relief generally:- nothing hereinafter contained shall authorise any court to grantany relief under ..... law dictionary 3rd revised edition of 1914 vol.2) .....
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