Court : Supreme Court of India
Decided on : Oct-09-1973
Reported in : AIR1974SC26; (1974)1SCC1; 1973(5)LC835(SC)
..... jurisdictional error or error of law apparent on the face of record in the order passed by government in the exercise of its power under section 33 of the act and whether the high court was wrong in declining to exercise its jurisdiction under the articles.8. on behalf of the appellants it was ..... so no reliance can be placed on the affidavits produced by the appellants.5. the appellants filed an application for revision of the order under section 33 of the act before the union of india, department of rehabilitation. the revision was dismissed for substantially the same reasons as those given by the chief settlement ..... settlement commissioner, jullundur, for appropriate action. the chief settlement commissioner, jullundur, in the exercise of his power under section 24(2) of the displaced persons (compensation and rehabilitation) act, 1954, hereinafter called the 'act', issued notice to the appellants to show cause why the allotment should not be cancelled. the appellants appeared before him .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-1973
Reported in : AIR1974SC710; 1974CriLJ631; (1974)1SCC374; [1974]2SCR282
..... powers and authority are 'in relation to the administration of justice including power to appoint clerks and other ministerial officers of the court.' section 223 of the government of india act, 1935 preserves the jurisdictions of the existing high courts and the respective powers of the judges thereof in relation to the administration of ..... disciplinary control over them, that is a function which though described as administrative is really in the course of administration of justice. similarly section 9 of the high courts act, 1861 while conferring on the high courts several types of jurisdictions and powers says that all such jurisdiction and powers are 'for and ..... prima facie, amounts to gross scandalization of the high court.36. the law applicable to this case is the law as contained in the contempt of courts act, 1971 no. 17 of 1971. section 2 defines 'contempt of court', as either 'civil contempt' or 'criminal contempt'. clause (c) defines 'criminal contempt' as follows :(c) 'criminal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-03-1973
Reported in : AIR1974SC669; (1974)1SCC295; [1974]2SCR562; 1974(6)LC85(SC)
..... the parliament under entry no. 21 read with entry no. 35 of the concurrent list.a scheme approved by the state government under sub-section (3) of section 68d of the act effectuates the object of state monopoly in the matter of transport service. such a scheme, in our opinion, does not entail encroachment by ..... operators, including the appellants, issued by the regional transport authority, jaipur and countersigned by the regional transport authortiy, agra were cancelled under sub-section (2) of section 68f of the act.3. the appellants, who are bus operators of rajasthan, and some others thereupon filed petitions under articles 226 and 227 of the constitution to ..... the hearing authority, as per order dated july 30, 1962. the central government conveyed its approval to the scheme under the proviso to sub-section (3) of section 68d of the act as per letter dated february 6, 1963. notification dated february 20, 1963 was published by the uttar pradesh government in the official gazette dated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-17-1973
Reported in : AIR1973SC2441; (1973)2SCC662; 1973(5)LC782(SC)
..... filed a writ petition before the high court of madras challenging the validity of a notification issued by the state government under section 3 of the madras inam estates (abolition and conversion into ryotwari) act, 1963 (act 26 of 1963), on the ground that komarapalayam, agraharam. tiruchengoda taluk, salem district, is not inam and therefore the notification ..... to differ from the finding of the high court that komarapalayam agraharam is not an inam within the meaning of section 2(4), or part of an inam village within section 2(11) of the act in question.6. we think the conclusion of the high court was correct and we dismiss the appeal but in ..... can have no application to that hamlet. he also challenged the constitutional validity of the aforesaid act. during the pendency of the writ petition, the appellants, claiming to be the tenants under the inamdar got themselves impleaded as respondents 2 to 31 to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-23-1973
Reported in : AIR1973SC2526; (1973)2SCC551; [1974]1SCR463; [1973]32STC629(SC)
..... any firm orders, indicated that the allocation letters and the statements furnished by the dealers did not themselves bring about transactions of sale within the meaning of section 2(g) of the act. this court further observed :it would appear from the materials placed before us that generally the completion of the sales to the dealers did not take ..... gorm nilgiri plantations company cooncor and ors. v. sales tax officer, special circle, ernakulam and ors. [ : [1964]7scr706 this court dealt with the provisions of section 5 of the act which relates to sale or purchase of goods in the course of import or export. it was held that a sale in the course of export predicated connection between ..... hire-purchase or other system of payment by instalments, but does not include a mortgage or hypothecation of or a charge or pledge on goods. according to section 3 of the act, a sale or purchase of goods shall be deemed to take place in the course of inter-state trade or commerce if the sale or purchase :(a) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-28-1973
Reported in : AIR1973SC2602; (1974)3SCC415; [1974]1SCR548
..... also be subject to any of the disqualifications prescribed by parliament by law on the grounds mentioned in the article. the parliament has prescribed in section 16 of the 1950 act the disqualifications.25. the question whether a person whose name is entered in the electoral roll is qualified under the constitution and whether he suffers ..... court has jurisdiction to question the legality of any decision taken by or under the authority of the electoral registration officer as the terms of section 30 of the 1950 act were clear that the action of the registration officer in including the name of the appellant there in the electoral toll, though illegal, cannot ..... the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.13. section 3 of the 1951 act provides for qualification for membership of the council of states : 'a person shall not be qualified to be chosen as a representative of any state .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-12-1973
Reported in : AIR1974SC158; (1974)1SCC141; [1974]2SCR240
..... in all these cases, since the entire contract is put an end to the arbitration clause, which is a part of it, also perishes along with it, section 62 of the contract act incorporates this principle when it provides that if this parties to a contract agree to substitute a new contract or to rescind or alter it, the original contract ..... disputes to arbitration and the other party takes a plea that there was a final settlement of all claims, is the court, on an application under sections 9(b) and 33 of the act, entitled to enquire into the truth and validity of the averment as to whether there was or was not a final settlement on the ground that ..... the parties. soon thereafter the sole arbitrator j.n. mullick issued a notice to the appellant and consequently the appellant had to file an application under sections 9(b) and 33 of the act challenging the validity of the appointment of the sole arbitrator. in paragraph-16 of the petition the appellant stated :.all claims and demands as between the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-1973
Reported in : AIR1974SC228; 1974CriLJ313; (1974)1SCC167; [1974]2SCR154
..... article of food and, as such, the admixture of any sweetener cannot attract the penal provisions at all. he who runs and reads the definition in section 2(v) of the act will answer back that supari is food. the laxicographic learning, pharmacopic erudition, the ancient medical literature and extracts of encyclopaedias pressed before us with great industry ..... and cyclamate in official eyes has a bearing on the plea of the accused. it transpires that the central committee for food standards, constituted under section 23(1) of the act is stated to have accepted the recommendation of its sub-committee to the effect that saccharin may be permitted to be used in scented supari to ..... exculpatory bow, challenged the vires of rules 44(g) and 47 of the prevention of food adulteration rules (hereinafter called 'the rules'), and even of section 23(2) of the act as being violative of articles 14 and 19(1)(f) and (g). the reliefs claimed in both the writ petition and the criminal appeal converge towards .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-1973
Reported in : AIR1973SC1156; [1973(26)FLR408]; 1973LabIC784; (1973)ILLJ427SC; (1973)4SCC141; [1973]3SCR624
..... air1956pat294 that non-payment of wages was neither an alteration in the conditions of service nor is it a punishment and as such cannot come within the mischief of section 33 of the act. the patna high court relied also for its decision on the decision in shama btecuit co. v. their workmen [1952] 2 l.l.j. 353. ..... necessary to refer to the various decisions which were cited before us as to what would constitute conditions of service the change of which would require notice under section 9a of the act. in dharangadhara chemical works ltd. v. kantu kalu and ors. [1955] i l.l.j. 316 the labour appellate tribunal of india held that the ..... to be effected justified to what relief, if any, are the workmen entitled?3. pending adjudication of this issue seven workers filed applications under section 33a of the industrial disputes act before the same tribunal alleging that during the pendency of the adjudication their service conditions had been changed adversely and their salary for the month of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-26-1973
Reported in : AIR1973SC1307; [1973(26)FLR249]; 1973LabIC878; (1973)ILLJ476SC; (1973)4SCC178; [1973]3SCR755
..... was similar to the one which prevailed with bishan narain j., in the punjab case. in the bombay case the division bench referred to certain rules framed under section 30 of the act by the government of bombay. according to rule 4 provision was made for terms of office of members of the board and a distinction was made in sub- ..... was similar to the one, which prevailed with bishan narain j., in the punjab case. in the bombay case the division bench referred to certain rules framed under section 30 of the act by the government of bombay. according to rule 4 provision was made for terms of office of members of the board and a distinction was made in sub- ..... first kerala case c. a. vaidialingam j., as he then was, gave some additional reasons for supporting the view of bishan narain j. he referred to section 2(i) of the industrial disputes act 1947 for illustrating that a person shall be deemed to be independent for the purpose of his appointment as chairman or other members of a board, court .....
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