Court : Supreme Court of India
Decided on : Feb-01-2006
Reported in : AIR2006SC961; [2006(108)FLR1005]; [2006(2)JCR119(SC)]; JT2006(2)SC149; (2006)ILLJ999SC; 2006(2)SCALE110; (2006)2SCC282; 2006(2)SLJ379(SC)
..... in a judicious manner. therefore, the appropriate forum wherein such question of back wages could be decided is only in a proceeding to whom a reference under section 10 of the act is made. to state that merely upon reinstatement, a workman would be entitled, under the terms of award, to all his arrears of pay and allowances ..... right or benefit, which is considered just and fair on the other hand is vital. the former falls within jurisdiction of labour court exercising powers under section 33c(2) of the act while the latter does not. it cannot be spelt out from the award in the present case that such a right or benefit has accrued to the ..... should be with full back wages or with continuity of employment. such questions can be appropriately examined only in a reference. when a reference is made under section 10 of the act, all incidental questions arising thereto can be determined by the tribunal and in this particular case, a specific question has been referred to the tribunal as to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-2006
Reported in : 2006(194)ELT257(SC); JT2006(2)SC369; 2006(2)SCALE134; (2006)2SCC439; [2006]145STC264(SC); 2007[8]STR96
..... limited, respectively.11. an appeal there against was preferred by the respondent to the extent of demand confirmed on the ground of alleged related person under section 4 of the act. the said appeal was dismissed. an appeal preferred there against by the respondent before this court was also dismissed. the contention of the respondent in the ..... unit, the respondent herein claimed exemption from payment of excise duty in terms of a notification dated 28.2.1993. the said notification was issued under section 5a of the act; paragraph 4 whereof reads as under:4. the exemption contained in this notification shall not apply to the specified goods where a manufacturer affixes the ..... shri b.l. agrawal and shri suresh agrawal are not even falls within the ambit of definition of relatives as defined under section 6 of the companies act, read with schedule 1a of the act.the hira industries ltd. has hired a portion of premises of hira cement for maintaining its registered office at raipur and a small .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-2006
Reported in : AIR2006SC1165; 2006(3)BomCR640; (2006)6CompLJ296(SC); [2006(108)FLR996]; [2006(2)JCR360(SC)]; 2006(1)JKJ18[SC]; JT2006(2)SC137; (2006)1MLJ156(SC); 2006(2)SCALE115; (2006)2S
..... labourer, sustained injuries by accident and claimed compensation against the respondents under the workmen's compensation act, 1925. the respondents contended that the appellant was not a workman within the meaning of section 3(1) of the said act but was a member of a joint stevedoring adventure. the house laid down the following four ..... to appoint a less meritorious person. except those who are covered by the definition of 'workman' and are governed by the provisions of industrial disputes act or any such allied enactment, an employee working in a private establishment normally does not enjoy any statutory protection regarding his tenure of service. 13. ..... b.s. minhas v. indian statistical institute and ors. : (1984)illj67sc ).11. article 309 lays down that subject to the provisions of the constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-03-2006
Reported in : AIR2006SC1148; 2006(2)ALD1(SC); 2006(1)ARBLR388(SC); 2006(2)AWC1155(SC); II(2006)BC20(SC); (SCSuppl)2006(3)CHN38; [2006]130CompCas8(SC); (2006)2CompLJ430(SC); 2006(2)CTC137
..... be disposed of. the parties were directed to seek their remedies before the arbitrator.8. sometime in april 2004, an application was made under section 17 of the arbitration act before the arbitral tribunal. the first respondent preferred an appeal before the high court of madras challenging the order and judgment dated 22.3. ..... the arbitration clause, as provided in the work/ purchase orders. on 8.12.2003, the first respondent moved a petition under section 9 of the arbitration and conciliation act, 1996 (hereinafter 'the arbitration act') before the district court, madurai, seeking a declaration that the appellant was not entitled to invoke the four bank guarantees. the ..... the beneficiary to provide an essential element of the underlying contract on which the bond depends; a misuse by the beneficiary of the guarantee by failing to act in accordance with the purpose for which it was given; a total failure of consideration in the underlying contract; a threatened call by the beneficiary for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-06-2006
Reported in : AIR2006SC1144; 2006(3)ALT41(SC); 2006(2)AWC1134(SC); 2006(3)BomCR668; (SCSuppl)2006(2)CHN12; 2006(2)CTC778; 2006(1)CTLJ74(SC); [2006(2)JCR202(SC)]; 2006(1)JKJ34[SC]; JT2006
..... pleadings manifest that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint he should not be denied the relief.13. section 16(c) of the act mandates the plaintiff to aver in the plaint and establish as the fact by evidence aliunde that he has always been ready and willing to perform his ..... of the factual position and on a proper analysis of the judgments of the trial court and the first appellate court recorded a finding that requirement of section 16(c) of the act was fulfilled.the trial court recorded the following findings:therefore, the evidence of the plaintiff is an utter lie and he has not offered any amount as ..... is concerned. it accordingly allowed the second appeal.5. learned counsel for the appellant has submitted that in order to satisfy the requirement of section 16(c) of the specific relief act, 1963 (in short the 'act') the plaintiff not only requires to plead that he is ready and willing to perform his part of the contract but also to prove .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-08-2006
Reported in : 2006(195)ELT3(SC); JT2006(2)SC336; 2006(2)SCALE277; (2006)3SCC345
..... the goods were actually cleared. adoption of two different values for the same goods for the purpose of charging duty of customs under section 12 of the act and section 3 of the customs tariff act, 1975 is not only unprecedented but also patently illegal. 17. the memorandum of understanding was executed between the importer and the appellant ..... 000/- was not during the course of international trade but domestic trade. the reduced price, therefore, cannot be accepted for determining the value under sub-section (1) of section 14 of the act. 15. introduction of the customs valuation (determination of price of imported goods) rules, 1988 with effect from 16.8.1988 does not alter the ..... by the importer to the ruby enterprises inc., belgium in terms of the memorandum of agreement dated 2.6.1997 in terms of sub-section (1) of section 14 of the act. the transaction between the importer and the respondent in terms of the memorandum of understanding dated 10.9.1997 cannot be described as the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-08-2006
Reported in : AIR2006SC3708; 2006(2)ALT94(SC); 2006(2)AWC1148(SC); [2006(108)FLR1153]; JT2006(2)SC276; (2006)ILLJ1085SC; 2006(2)SCALE272; (2006)2SCC652
..... .5.1985. the tribunal by its award dated 17.3.1992 came to hold that there was, in fact, termination, and there was no compliance with requirements of section 25f of the industrial disputes act, 1947 and, therefore, the action of the department was illegal and unjustified. according to the tribunal they were entitled to reinstatement with full back wages and consequential .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-10-2006
Reported in : AIR2006SC3699; 2006(2)AWC1162(SC); 2006(1)JKJ42[SC]; JT2006(2)SC294; 2006(2)SCALE284; (2006)3SCC129
..... behalf of' each of the manufacturers and enclosed a draft of the undertaking to be signed. finally, the letter stated:.your (m/s indian explosives ltd.) willingness to participate in the retention price scheme communicated, and undertaking the enclosed form duly executed by a competent authority on behalf of ..... appellant') is engaged in the business of manufacturing and selling urea (a fertilizer). in 1993, the first appellant acquired the urea plant of m/'s indian explosives ltd. (a unit of ici india ltd.). the second appellant is a shareholder in the first appellant-company (hereinafter, collectively 'the appellants').4. in 1957 ..... notified fertilizers (including urea) as an 'essential commodity', under the essential commodities act, 1955 (hereinafter 'the ec act'). the fertilizer (control) order, 1957 (hereinafter 'the fertilizer (control) order') was made in exercise of the powers conferred by section 3 of the ec act. the fertilizer (control) order has been revised from time to time. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-2006
Reported in : AIR2006SC1158; 2006(2)ALD57(SC); 2006(2)AWC1599(SC); 2006(2)BomCR497; (SCSuppl)2006(2)CHN191; 101(2006)CLT639(SC); 2006(1)CTC552; 127(2006)DLT282(SC); I(2006)DMC327SC; [200
..... . that being so, it would be in the interest of the society if marriages are made compulsorily registrable. the legislative intent in enacting section 8 of the hindu act is apparent from the use of the expression for the purpose of facilitating the proof of hindu marriages.16. as a natural consequence, the ..... appears that registration of hindu marriages (karnataka) rules, 1966 have been framed. it further appears that karnataka marriages (registration and miscellaneous provisions) act, 1976 has been introduced. section 3 of the act requires compulsory registration of all marriages contracted in the state.12. so far as the union territory of chandigarh is concerned, hindu marriage registration ..... by minister of religion and marriages solemnized by, or in the presence of a marriage registrar respectively.9. in exercise of powers conferred by section 8 of the hindu act the state of u.p. has framed u.p. hindu marriage registration rules, 1973 which have been notified in 1973. in the affidavit .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-2006
Reported in : AIR2006SC3709; 2006CriLJ1616; JT2006(2)SC392; 2006(2)SCALE321; (2006)4SCC512
..... about the case due to fear. he has also stated that due to double murder in the town in a single day there was terror in public and he imposed section 144. in such a situation surcharged with tension and fear psychosis it is not expected of any witness to come and depose about the incident even though they may have ..... also found a-2, 3, 6, 12 and 14 guilty under section 302 and sentenced to rigorous imprisonment for life and a fine of rs. 2000/- in default three months rigorous imprisonment. being aggrieved, two appeals were preferred before the high court. ..... accused in all were put to trial before the trial court under sections 148/302/149 ipc. a-21 died before the trial commenced. a-1 to a-20, a-22 and a-23 faced the trial. the trial court convicted a-2, 3, 6, 12 and 14 under section 148 and sentenced to rigorous imprisonment for three years. the trial court .....
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