Court : Supreme Court of India
Decided on : Nov-28-1989
Reported in : AIR1990SC325; 1989(2)SCALE1168; (1990)1SCC234; [1989]Supp2SCR299
..... the same as that for determining existence of the ground of bona fide need of the landlord for an order of eviction under section 14 of the act, and section 14 is expressly superseded by section 21. this question is, therefore, beyond the scope of the present enquiry.27. the respondent-tenant also contended that the premises ..... this court. s.b. naronah v. prem kumari khanna : [1980]1scr281 is the first decision on the point which deals comprehensively with the scope of section 21 of the act. krishna iyer j. speaking for the bench said as follows :parliament was presumably keen on maximising accommodation available for letting, realising the scarcity crises. one ..... untenable and beyond the scope of the controller's power to examine validity of his earlier permission before directing restoration of possession to the landlord under section 21 of the act.13. in short, the scope of enquiry before the controller when validity of the permission granted by him is assailed is to determine whether, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-19-1989
Reported in : AIR1989SC1728; (1989)3CompLJ80(SC); JT1989(3)SC125; 1989(2)SCALE54; (1989)3SCC411; [1989]3SCR455; 1989(2)LC479(SC)
..... of the erstwhile owner lying in the hands of the commissioner of payment would include the interest which has been paid to the commissioner under section 18(5). similarly section 24 of the coal act says that unsecured creditors will be paid out of the money credited to the account of coal mine. moneys credited to the account of coal ..... a coal mine do not include the money accrued by way of interest. there is no basis for this interpretation. the plain reading of section 26 read with section 18(5) of the coal act makes it clear that moneys paid to the commissioner in relation to a coal mine are to be used for satisfying the debts and liabilities. ..... meeting the liabilities of all the secured and unsecured creditors, he shall disburse such balance to the owner of such coal mine.5. relevant provisions of the coal act are reproduced hereinafter.section 3 acquisition of rights of owners in respect of coal mines. (1) on the appointed day, the right, title and interest of the owners in relation .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-22-1989
Reported in : AIR1990SC820; 1989(2)SCALE1483; (1990)3SCC87; [1989]Supp2SCR731; [1990]77STC82(SC); 1990(1)LC482(SC)
..... which was a decision of a bench of this court consisting of 7 learned judges, and was concerned with the rajasthan motor vehicles taxation act, 1951. sub-section (1) of section 4 of that act provided that no motor vehicle shall be used in any public place or kept for use in rajasthan unless the owner thereof had paid, in ..... = 2% surcharge on electronic goods sold within the state irrespective of their manufacture. the state govt. in pursuance of the powers conferred on it under section 5 of the act issued the notification dt. 11-12-86 stating that the rate of sales tax payable by an electronic manufacturing unit existing in punjab in cases of electronic goods ..... motor vehicles for the period from april 1, 1951 to march 31, 1954. the appellants challenged the legality of the demand on the grounds that section 4-of the act read with the schedules constituted a direct and immediate restriction on the movement of trade and commerce with and within rajasthan inasmuch as motor vehicles which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-1989
Reported in : [1989(59)FLR547]; 1989(2)SCALE460; (1989)4SCC448
..... decision given by him shall be binding on both the parties.8. the parties entered into the above agreement and referred the dispute for arbitration under section 10-a of the act. section 10-a is therefore, important and must be set out in full :10-a. voluntary reference of disputes to arbitration-(1) where any industrial ..... award. the award shall be submitted to the appropriate government. it is also to be published like any other award under the act in accordance with the provisions of sub-section (1) of section 17. section 17-a provides that an award (including an arbitration award) shall become enforceable on the expiry of 30 days from the date ..... the management to produce evidence. secondly, it was claimed that the arbitration agreement was not published in the official gazette as required under sub-section (3) of section 10a of the act and the award made without such publication would be invalid. the learned single judge of the high court who considered the matter did not examine .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC763; JT1989(4)SC357; 1989(2)SCALE914; 1989Supp(2)SCC465; [1989]Supp1SCR576
..... the previous sarpanch is a beneficiary from the impugned order and has chosen not to take steps to have the scheme impugned by filing a revision under section 42 of the act. the gram panchayat, being a juristic person, could not by itself except through the executive authority take any action against the scheme prepared by the ..... through the revenue department and the other through the co-operative department but the progress of consolidation was very slow and lengthy and the act sought to remedy those defects. section 19 of the act provides for publication of draft scheme and on such publication any person likely to be affected by such scheme, shall, within 30 days ..... for petitions filed against orders passed. there is no reference in the rules to a scheme prepared or confirmed or repartition made. the fact that in section 42 of the act the words 'scheme prepared or confirmed or repartition made' have been added as a result of amendment, cannot justify the conclusion that in rule 18 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-13-1989
Reported in : AIR1990SC261; AIR1991SC1893; (1990)92BOMLR13; [1990]68CompCas20(SC); 1989(25)LC129(SC); [1990]183ITR130(SC); JT1989(3)SC57; 1989(2)SCALE7; (1989)3SCC396; [1989]3SCR405; 19
..... their suggestions in that behalf after a notification under sub-section (3) read with sub-section (4) of section (3) of the act is issued. since the popular local self-government is not in existence in any of the municipal councils or even in the newly established ..... issued.x x x in the result, therefore, the rule is made partly absolute and the state government is directed to exercise its power under section 3 sub-section (3) of the act in accordance with law within a period of six months. it is needless to say that the petitioners will be entitled to raise objections and make ..... that the decision taken in that behalf was tentative, i.e. for the time being and it is not all-time permanent decision. under sub-section (3) of section 3 of the act, the state government has power to exclude or include any area specified in the notification issued so far as ambarnath town is concerned, reconsideration of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-1989
Reported in : AIR1989SC1160; JT1989(1)SC488; (1989)95PLR584; 1989(1)SCALE572; (1989)2SCC413; [1989]1SCR986; 1989(2)LC71(SC)
..... by the appellate authority. on being aggrieved with the order of the appellate authority, the tenant preferred a civil revision petition before the high court under sub-section (6) of section 15 of the act. on behalf of the tenant, it was urged before the high court on the strength of clause 'c' of rule 4 and clause (1) of ..... rule 5 of the haryana urban (control of rent and eviction) rules 1976 framed under section 23 of the act that since in the application for ejectment no specific amount of arrears due was mentioned, the application was not maintainable. the high court rejected this plea observing thus ..... shall now examine the second legal contention with reference to rules 4(c), 5(1) and 6 of the rules under the act which rules read as follows:4. application for eviction. section 13application under section 13 of the act, shall besides the particulars mentioned in rules 5 and 6 contain the following particulars namely:(a) xxx(b) xxx(c) the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-1989
Reported in : JT1989(Suppl1)SC263; 1989(2)SCALE769; (1989)4SCC689; [1989]Supp1SCR275; 1990(1)SLJ67(SC)
..... of the respondents. much reliance has been placed by the respondents on the provision of the new subsection (1-a) of section 3(1) of the act as inserted by section 2 of the amendment act, 1975. sub-section (1-a) provides, inter alia, that no retrospective effect shall be given to any rule so as to prejudicially affect ..... learned counsel appearing on behalf of some of the respondents. it is submitted by the learned counsel that as the respondents have acquired a particular seniority, section 3 of the act as amended, if read as suggested by the army officers, would contravene the fundamental rights of the respondents. this extreme contention is not sustainable on the ..... enacted by parliament for the purpose of validating the impugned rules. by section 2 of the amendment act, a new sub-section (1-a) has been inserted after sub-section (1) of section 3 of the act, which has been referred to as 'the principal act' in the amendment act. sub-section (1-a) provides as follows:(1-a). the power to make .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-1989
Reported in : AIR1990SC334; JT1989(3)SC188; (1989)IILLJ506SC; 1989(2)SCALE107; (1989)4SCC187; [1989]3SCR488; 1990(1)LC40(SC); (1990)3UPLBEC1604
..... to the central government compelling it to bring the provisions of section 3 of the forty-fourth amendment act into force.54. on the basis of the principles of law laid down in the above decisions, it is urged by the learned attorney ..... v. union of india : 1982crilj340 . what happened in that case was that by a notification the central government had brought into force all the sections of the forty-fourth amendment act except section 3. the question before this court was whether this court could issue a writ of mandamus directing the central government to bring into force ..... section 3 of the forty-fourth amendment act. it has been observed by chandrachud, c.j. delivering the majority judgment that a mandamus cannot be issued .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-1989
Reported in : AIR1989SC1331; [1989]66CompCas1(SC); (1989)2CompLJ41(SC); JT1989(2)SC19; 1989(1)SCALE722; (1989)2SCC481; [1989]2SCR127; 1989(2)LC114(SC)
..... undertakings whose management was to be taken over and possession was, therefore, taken by respondent no. 2 in terms of the provisions of section 4(1) thereof. the ordinance was replaced by act 72 of 1972 which received presidential assent on 23.12.1972 but was deemed to be in force from 31.10.1972. the ..... 2) every sick textile undertaking which stands vested in the central government by virtue of sub-section (1) shall, immediately after it has so vested, stand transferred to, and vested in, the national textile corporation.the first schedule to the act against entry 96 shows the petitioner's mills. there is a legislative determination that petitioner no ..... in the central government under the sick textile undertakings (taking over of management) act, 1972. it is not disputed that management of petitioner no. 1 had been taken over under the 1972 act and petitioner no. 1, therefore, came within the definition.5. section 3 provides:3(1) on the appointed day, every sick textile undertaking and .....
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