Court : Supreme Court of India
Decided on : Nov-10-2006
Reported in : 2007ACJ1; AIR2007SC248; [2007(112)FLR203]; JT2007(1)SC15; RLW2007(3)SC2129; 2006(11)SCALE609
..... a lot of difference by arriving at a correct conclusion. for the said purpose, the statutory authority is required to pose unto himself the right question. section 30 of the said act postulates an appeal directly to high court if a substantial question of law is involved in the appeal.18. a jurisdictional question will involve a substantial ..... some of which have been taken note of in esi corporation (supra), in regard to essential ingredients for such finding and the tests attracting the provisions of section 3 of the act.the principles are:(1) there must be a causal connection between the injury and the accident and the accident and the work done in the course of ..... accidental injury in the course of and out of employment. 5. an appeal was preferred there against before the high court by respondent no. 3 under section 30 of the act. the said appeal has been allowed by reason of the impugned judgment. the high court opined that the findings of the workmen's compensation were perverse and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-10-2006
Reported in : 2007(1)AWC872(SC); 2006(11)SCALE658; (2007)1SCC457
..... the seniority list. in other words, the learned judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. it would not be permissible under section 12 of the act. [see also state of orissa and anr. v. aswini kumar baliarsinghthe law as regards the effect of an admission is also no longer res integra. whereas a party ..... the court stood complied with, there was no subsequent event which was necessary to be taken into consideration. filing of an application under the provisions of the contempt of courts act, 1971 itself cannot be a ground to deny the benefit under a judgment. it is one thing to state that the judgment of the court has been implemented, but it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-10-2006
Reported in : AIR2007SC340; JT2006(10)SC401; (2007)146PLR781; 2006(11)SCALE674; 2007(1)KCCR564
..... article 142 of the constitution of india direct that the registrar of co- operative societies should arbitrate in the matter and exercise its jurisdiction under section 102 of the haryana act, as if the 3rd respondent has invoked the said jurisdiction. the parties hereto shall file their respective documents before the registrar within four weeks ..... provision for arbitration. we have noticed hereinbefore that the disputes and differences between the society and an employee is referable to arbitration in terms of section 102 of the haryana act. an appeal is maintainable against an award of the arbitrator before the state. on this ground alone the revision petition was not maintainable. faced ..... for decision and no court shall have any jurisdiction to entertain any suit or other proceedings in respect of such dispute. in terms of section 103 of the said act, the registrar is empowered to either decide the matter himself or transfer the same to any person who has been vested by the government .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-10-2006
Reported in : AIR2007SC548; JT2006(10)SC334; (2007)IILLJ113SC; 2006(12)SCALE58; (2006)11SCC67; 2007AIRSCW103; 2007(2)AIRKarR56(SC)
..... mr. uday umesh lalit, learned senior counsel appearing on behalf of respondent, per contra would submit:(i) that regulation of air india was not saved by section 8 of the 1994 act. (ii) reference of the amended regulation in delhi transport corporation (supra) itself would not be a ground for upholding the validity thereof. (iii) regulation ..... the authority, therefore, posed unto itself a wrong question. what, therefore, was necessary to be considered by bda was whether the ingredients contained in section 14-a of the act were fulfilled and whether the requirements of the proviso appended thereto are satisfied. if the same had not been satisfied, the requirements of the law ..... conditions of service of officers and other employees of the corporation other than the managing director and officers of any other categories referred to in section 44 of the 1953 act. regulations were framed pursuant to or in furtherance of the said regulation making power. regulation 13, as it stood earlier, did not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-10-2006
Reported in : AIR2007SC132; 2007CriLJ298; JT2006(10)SC1; 2006(11)SCALE309
..... reason of excessive bleeding from the private parts of the deceased, appellant cannot have in any event be said to have any intention to kill her and thus sentence under section 302 of the indian penal code is not warranted. (iv) although appellant was medically examined, there is nothing to show that any evidence was found linking the offence of rape ..... -1 did not state that injury on the neck could have contributed to her death. the death occurred, therefore, as a consequence of and not because of any specific overt act on the part of appellant. 14. imposition of death penalty in a case of this nature, in our opinion, was, thus, improper. even otherwise, it cannot be said to be ..... to the constitution but it cannot be said to be applicable in a case of this nature. it cannot be said to be an area which is contemplated under the act. appellant had a right to give or not to give sample of his hair. he could not have been made a witness against himself against his will. offence of rape .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-10-2006
Reported in : AIR2007SC924; 2007(3)ALLMR(SC)374; [2007(112)FLR243]; JT2006(10)SC500; (2007)IILLJ17SC; 2006(12)SCALE347; (2006)11SCC464
..... after considering the matter observed as under:although it is not necessary to give an explanation for the delay which occurred within the period mentioned in sub-section (1) or (2) of section 21, explanation should be given for the delay which occasioned after the expiry of the aforesaid respective period applicable to the appropriate case and the tribunal ..... august 1989 and that they filed the petition immediately thereafter. that is not a proper explanation at all. what was required of them to explain under sub-sections (1) and (2) was as to why they could not avail of the remedy of redressal of their grievances before the expiry of the period prescribed under ..... going to be prejudiced if the relief is granted. in the present case, if the respondents would have challenged their retirement being violative of the provisions of the act, perhaps the nigam could have taken appropriate steps to raise funds so as to meet the liability but by not asserting their rights the respondents have allowed time .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-13-2006
Reported in : AIR2007SC471; 2007(2)ALD1(SC); 2007(1)AWC524(SC); [2008(2)JCR55(SC)]; JT2007(1)SC24; 2006(11)SCALE482; 2006AIRSCW5879; 2007(1)SCC641
..... rent to which he was entitled in law in appropriate proceedings. the appellant has failed to point out any infirmity as far as notification under section 4 and consequent declaration under section 6 of the act. section 4 of the notification is usually assailed on the ground of public purpose. therefore, we deem it appropriate to enumerate the concept of public ..... and partly at the expense of within the aforesaid ward of the calcutta municipal corporation in the city of calcutta.this declaration is made under the provision of section 6 of act 1 of 1894/read with the said notification, to all whom it may concern.a plan of the land may be inspected in the office of the ..... public purpose at the public expense within the aforesaid ward of the calcutta municipal corporation in the city of calcutta.this notification is made, under the provisions of section 4 of act i of 1894 to all whom it may concern.a plan of the land may be inspected in the office of the first land acquisition officer, calcutta, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-13-2006
Reported in : JT2006(10)SC95; 2006(12)SCALE17; 2006AIRSCW5921
..... residence) shall be entered into, inspected or searched by such officer unless specially authorised in this behalf by the commissioner in writing.(4-a) an officer authorised to act under sub-section (2)(i) shall have the power to seal the place of business or vehicle, or any box, almirah or other receptacle found on such place of business or ..... hold that rejection of accounts was only on the ground of non-production of accounts at the time of survey, the conclusions are also not otherwise sustainable. sections 12 and 13 of the act are relevant for the purpose. they read as follows: 12. accounts to be maintained by dealers.-(1) every dealer including a dealer exempted from tax on ..... : (2002)9scc379 . it was inter alia noted as follows:8. x x x x x it appears that the high court ignored the provisions of section 11 of the trade tax act which confers limited jurisdiction to interfere with the order of the tribunal only on the question of law, that too the said question of law is required to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-13-2006
Reported in : AIR2007SC458; 2007(1)ALLMR(SC)939; JT2006(10)SC375; 2006(12)SCALE203
..... its unaffiliated branch/school to any of the board's examination.(iii) if the board has reasons to believe that an affiliated school is not following the sub-section 1 & 2 of this section, the board may resort to penalties as prescribed hereunder.(iv) every affiliated school shall present a list of number of students and their particulars in respect of classes ..... secondary and senior secondary classes without providing support in terms of infrastructural facilities and also without adequate provision of qualified teachers. there were 30 sections in the school in classes ix to xii whereas there were only 40 sections from nursery to class viii. it was also found that the school had admitted students from other unauthorized schools and sponsoring the students .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-14-2006
Reported in : 2007(2)ALLMR(SC)443; 2007(2)CTC349; JT2006(10)SC578; 2007(1)KarLJ398; 2006(12)SCALE295
..... of conviction. the question, under these circumstances, is as to the effect of stay of conviction even before nomination, insofar as the disqualification provided under section 8 of the act.9. section 374 of the code of criminal procedure (for short, the code) provides for a remedy of filing appeal by any person convicted for trial by sessions ..... disqualification is the date of nomination and election. the constitution bench, while answering the aforesaid question, has held that under clause (a) of sub-section (1) of section 100 of the act, the high court is called upon to decide whether on the date of election a returned candidate was not qualified or was disqualified to be ..... the sentence. in that case, it was found on facts that the appellant therein had not specified the disqualification he was likely to incur under section 267 of the companies act, if his conviction was not stayed. therefore, this court refused to infer that the high court had applied its mind to this specific aspect of .....
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