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    [0] =>  ..... that purpose lawfully resorted to the sale of the properties by following the procedure of the recovery of arrears of land revenue as was provided for in section 19 of the state act and dismissed the suit filed by the plaintiff respondent.4. learned counsel appearing for the appellant frankly conceded that the facts in the case are not in ..... was executed by the state government. learned counsel therefore contended that the view taken by the high court that if any sum was payable under the act state government could take steps under section 19 is not justified.5. the learned counsel for the respondent state and the other respondents who are purchasers of the property in auction contended  ..... a view that as this loan was given to the appellant by the stale bank of mysore but it was secured as an aid under the act referred to above therefore proceedings under section 19 could be taken but it was contended by learned counsel that the state was only a guarantor and the creditor was the state bank  ..... 
    [1] =>  ..... ,8.1981 till 21.8.1984 (which has been worked out at rs. 29,82,443). however, in exercise of our powers under section 3 of the interest act, 1978 and section 29 of the arbitration act, 1940, we direct that the above principal sum or the unpaid part thereof should carry interest at the same rate from the date of  ..... decree).14. having regard to the position in law emerging from the decision of this court in executive engineer (irrigation) balimela and ors. (supra) and section 29 of the arbitration act, 1940 and section 34 of the cpc, we would modify the grant of interest in this case. the arbitrator has directed interest to be paid at 17% per annum from ..... of the alleged disputes to the arbitrator under clause 30 of the agreement. on or about 8th july, 1981 the respondent no. 1 gave notice under section 8 of the arbitration act, 1940 (hereinafter called 'the act') calling upon the petitioner to concur in the appointment of : one shri g.g. vaidhya. on 21st july, 1981, he withdrew the civil suit  ..... 
    [2] =>  .....  under articles 38 and 48 of part iv of the constitution through them. to ensure that the object of establishing rural banks is fully achieved, sub-section (2) of section 20 of the act has brought both the houses of the parliament also in the picture in the following words : .(2) the central government shall cause every auditor's  ..... ) a local authority not being a cantonment board; or(iii) any other corporation owned or controlled by the state government (including any company as defined in section 3 of the companies act, 1956 in which not less than fifty per cent of paid up share capital is held by the state government) but does not include -(1) a  ..... india services or other central services; the appellant prathama bank is not covered by the above definition. it was constituted in exercise of power conferred by section 3 of the regional rural banks act, 1976. it has been sponsored by the syndicate bank, a nationalised bank. although fifteen per cent of the total capital of the bank has  ..... 
    [3] =>  ..... and conditions, it would not follow from that alone that the price for those sales would not be the 'wholesale cash price' for the purpose of section 4(a) of the act if the agreements were made at arms length and in the usual course of business. this, however, mr. rao related only in explaining the state of ..... correct in so far as these held that the prices of sales to wholesale dealers would not represent the 'wholesale cash price' for the purpose of section 4(a) of the act merely because the manufacturer had entered into agreements with them stipulating for commercial advantages. it was laid down that if a manufacturer were to enter into ..... the terminology used by the parties is not decisive of the legal relationship. shri mahajan, learned counsel appearing for the respondent, drew our attention to section 182 of the indian contract act, and submitted and in the circumstances of this case, the clauses emphasised by the tribunal clearly established that this was an agreement of agency and not ..... 
    [4] =>  ..... jurisdiction in confiscating the goods and imposing penalty for the first time in exercise of his revisional jurisdiction under section 130(2) of the act, in view of the provisions of section 122 read with section 124 of the act, the collector of customs has the jurisdiction to confiscate goods or impose penalty after issuing show cause notice  .....  the order of the customs officer allowing the goods to be cleared by the appellant and. thereafter, in exercise of his original jurisdiction under section 122 read with section 124 of the act, he issued a show cause notice on the appellant and, after hearing the appellant, confiscated the goods and imposed penalty on the appellant.  .....  dated november 14, 1979 that the confiscation was made and the penalties imposed by the collector of customs in exercise of his revisional power under section 130(2) of the act. this, in our opinion, is a mere irregularity not affecting the order. admittedly, the collector of customs had the power to confiscate the  ..... 
    [5] =>  ..... laid at the cost of the consumers, for the sole reason that they were laid at the cost of the consumers. the appellant filed an application under section 30 of the arbitration act, 1940 challenging the validity of the award on the question. the lower court and the high court held against the appellant. allowing the appeal, it  ..... the issue of an order by the court superseding the arbitration or after arbitration proceedings have become invalid under section 35 of the arbitration act or where an award has been improperly procured or is otherwise invalid under section 30 of the act. an award may be set aside on the ground of error on the face of the award,  .....  clause of the contract covered only situations of labour strike and not labour unrest.28. it was submitted before us that the high court had exceeded its jurisdiction in acting in the manner it did on these aforesaid, aspects. the first question, therefore, that arises for consideration in this case is, whether the award in question was ..... 
    [6] =>  .....  then) is an integrated one. at every stage in that process certain rights are treated in favour of one or the other of the candidates. section 16f of the act cannot, therefore, be construed as merely a procedural provision. it is true that the legislature may pass laws with retrospective effect subject to the recognised constitutional ..... by the director of education as required by section 16f(4) of the act. the high court directed the director of education to make selection and appointment. pursuant to the direction of the high court, the director made ..... director of education and anr. : (1983)illj502sc this court considered the validity of appointment of principal by the director of education made under section 16f of the u.p. intermediate education act 1921. the high court quashed the selection of principal on the ground that the appointment had been made by the selection committee and not  ..... 
    [7] =>  .....  dealt with further under the act, the board may be called upon to submit its report along with the scheme for consideration of this court .....  which has suddenly gone sick. learned attorney general states that in the meantime sick industrial companies (special provisions) act, 1985 which received assent of the president on 8th january, 1986 has come into force and a board in terms of section 4 thereof has now been constituted. he suggests that a reference may be made to that board and the  ..... board may be called upon to frame the scheme as contemplated under section 18 of the act for revival of the company and instead of allowing the scheme to be ..... 
    [8] =>  ..... 1. the petitioners, by a writ petition registered as c.w. 1850/84, challenged before the delhi high court a notification under section 4 of the land acquisition act and a declaration under section 6 of the act on several grounds. since some of the questions arising in the case were same as pressed in another writ application to which the  ..... for the petitioners has referred to paragraph 11 of the writ petition filed in the high court which reads as follows:11. that though the notification under section 4 of the act was published in delhi gazette part iv by the authority but it was not circulated in the area for giving the knowledge thereof to the people concerned ..... know about the notification in the month of may, 1984 by some clerks of the d.d.a, the respondents did not follow the mandatory provision of section 4(1) of the act. the notification and the declaration were not given and placed at the convenient point in the revenue estate of village rithala, delhi. thus, the petitioners  ..... 
    [9] =>  ..... suit and we, therefore, refrain from expressing any opinion on the first question. on the second question, the relevant provisions of the coal mines (nationalisation) act, 1973 (the act) may now be noted.section 2(h) defines 'mines' to mean any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried ..... of the said mine, namely, stacking of the coal and effecting local sale thereof. it is, therefore, a mine as defined under section 2(h)(h)(vi) of the act.15. under section 3 of the act, the right, title and interest of the owners in relation to the coal mines stand transferred to and shall vest absolutely in the  ..... of the view that a lease granted to the plaintiffs in the instant case was an encumbrance and it was annihilated with the issuance of the notification under section 3 of the act. the submission urged on behalf of the appellants, therefore, in this behalf must be accepted. the lease of the plaintiffs having come to an end  ..... 
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