Court : Andhra Pradesh
Decided on : Jun-27-1989
Reported in : (1990)ILLJ255AP
..... not permitted to attend to their duties with effect from 14th june, 1988. therefore they approached this court contending that there was violation of section 25-f of the industrial disputes act. it is further stated that the other persons who were employed subsequent to the petitioners and who were juniors such as sarvasri t. ravi, ..... not having been obtained before the temporary appointment was made, there was no relationship of workman and employer for the applicability of section 25-f or the other provisions of the industrial disputes act. in that context, kerala high court referred to the decision of the supreme court in santosh gupta v. state bank of ..... . the learned counsel for the petitioners has relied upon the definition of 'workman' in section 2(5) of the industrial disputes act and also referred to the provisions of section 25-f and definition of 'continuous service' in section 25-b of the act. as there is no denial in the counter affidavit that the petitioners are 'workman' .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-27-1989
Reported in : 1989CriLJ2520
..... appellant, i, therefore, release him on probation with a direction to keep peace and be of good behaviour for a period' of two years under section 4 of the probation of offenders act, 1958 on his executing a bond to appear and receive sentence when called upon during this period. the bond will be filed before the sessions judge, ..... years of age and, therefore, jail sentence will be absolutely inappropriate in the present case. the appellant may, therefore, be given the benefit of section 4 of the probation of offenders act.18. looking to the fact that the offence was committed on 19-2-1982 and a period of more than seven years has passed and the ..... placed in such a situation, appellant resorted to inflicting blows or else he would have faced retaliation. however, as already said his act lacks that degree of criminality which imputes him knowledge as to consequences of section 304-ii of the ipc, as concluded by the learned sessions judge. all said and done, facts and evidence on the record, .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-27-1989
Reported in : 1990CriLJ1347
..... he was necessarily in lawful possession of the property which was the subject-matter of the theft and he is not, therefore, entitled to recover the property under section 517, criminal procedure code.''6. in the instance case, even though the non-applicant has been acquitted, due to incomplete evidence, it would not be proper exercise of discretion ..... this order. hence this petition.2. the facts, in brief, are that the petitioner and respondent no. 2 were prosecuted under section 379 of the indian penal code and sections 41 and 42 of the indian forest act, 1927. it is alleged that on 19-11-1982, kedar singh, inspector c.i.d., was present at kotkhai in ..... case by the prosecution indicate that the property belongs to the government. it is relevant to refer to section 69 of the indian forest act :'when in any proceedings taken under this act, or in consequence of anything done under this act, a question arises as to whether any forest-produce is the property of the government, such produce .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-27-1989
Reported in : [1991]71CompCas560(Kar)
..... is no more than authorising the arbitrator to make a person a party to the dispute even though he may not be one of the persons enumerated in section 70 of the act provided such person impleaded has acquired an interest in the property of the co- operative society relatable to the dispute. evidently, the intention of the legislature ..... against payments made by certified cheques or banker's cheques would be considered necessary parties who had acquired interest in the properties of the society. 6. section 117(3)(a) of the act reads as follows: '117 procedure for settlement of disputes and power of the registrar or any other person to whom the dispute is referred for decision ..... preferred this writ petition, inter alia, contending that the tribunal erred in coming to the conclusion that the sugar factories were not necessary parties in terms of section 117(3)(a) of the act. 5. in so far as defendants no. 3 who is respondent no. 3 in this petition is concerned, the finding in his favour is not .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-27-1989
Reported in : 1990CriLJ506
..... the same by way of this petition.2. the facts, in brief, are that the petitioner was prosecuted for an offence under section 33 of the indian forest act, 1927 (hereinafter referred to as 'the act'). he was accused of felling 15 khair trees unauthorisedly from private area of tika kholi, tika sai and gadiara. he was also accused ..... he was necessarily in lawful possession of the property which was the subject-matter of the theft and he is not, therefore, entitled to recover the property under section 517, criminal procedure code.'6. in the instant case, even though the non-applicant has been acquitted, due to incomplete evidence, it would not be proper exercise of discretion ..... him need not be returned to him in view of the evidence to the contrary on this aspect.section 69 of the act reads as under:'when in any proceedings taken under this act, or in consequence of anything done under this act, question arises as to whether any forest-produce is the property of the government, such produce .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-28-1989
Reported in : [1993]78CompCas182(Kar); 1990(1)KarLJ48
..... , the contention of the petitioner is not different from what it was before the arbitrator as well as the revenue appellate tribunal and that contention is founded on section 176 of the contract act read with clauses 5 and 10 of the hypothecation agreement as at annexure 'a' to the writ petition. the contention in summary is thus : that the ..... operative societies, tumkur, who, by his order dated april 18, 1983 in dispute no. 37 of 82-83 upheld the contention of the bank in terms of section 176 of the contract act read with clause 5 and clause 10 of the agreement of hypothecation as at annexure 'a' to the petition that the bank had a right to seize the ..... of the loan advanced notwithstanding the fact that payment of dues to the co-operative society/bank is a matter, recovery of which is provided for under section 70 of the co-operative societies act, by way of a dispute in the specified manner, thereby excluding any other method available to a co-operative institution 4. so far as the first .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-28-1989
Reported in : [1991]191ITR518(Cal)
..... appellate assistant commissioner, however, came to the conclusion that the incentive received by the assesseee was 'very much a business receipt and was not exempt under section 10(3) of the act.'22. before the tribunal, learned counsel for the assessee once again pressed for the exclusion of rs. 13,02,782 from the total income of the ..... business of manufacture of cement. therefore, the rebate in power charges received by the assessee is exigible to tax as profits and gains of business under section 41(1) of the income-tax act 33. the andhra pradesh high court considered in detail the very scheme in cit v. sahney steel and press works ltd. : [1985]152itr39(ap) ..... period relevant to the assessment year 1972-73 as well as borrowed capital for the purpose of computing capital employed in new units as contemplated under section 80j of the income-tax act, 1961, and in directing the income-tax officer to compute capital employed afresh accordingly ?'5. in view of the decision of the supreme court .....
Tag this Judgment!Court : Chennai
Decided on : Jun-28-1989
Reported in : (1991)2MLJ436
..... for mesne profits, or for an amount which will be found due on taking unsettled accounts, the plaint need only state approximately the amount sued for. section 11 of the court-fees act, 1870 makes the position even clearer. it shows that the claim in a suit for mesne profits is only a rough estimate even if a precise ..... argued that mesne profits should not be fixed on the basis of rent which it could have fetched. i have already extracted the definition of 'mesne profits' in section 2(12) of the code. it refers not only to the profits actually received but also profits which might with ordinary diligence have been received. hence there is ..... fetch if it is let out normally in open market. that will be certainly a relevant criterion for fixation of mesne profits. 'mesne profits' has been defined in section 2(12), code of civil procedure, as profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-29-1989
Reported in : 1989(24)LC431(Bombay); 1989(43)ELT265(Bom)
..... explanation to the notification defined base yarn to mean yarn falling under sub-item ii(i)(a) of item 18 of the first schedule to the central excises and salt act, 1944. item 1811(i)(a) relates to man-made filament yarn, non-cellulosic, other than textured. it is not in dispute that the poy with which we are here concerned .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jun-29-1989
Reported in : (1989)(24)LC465Tri(Delhi)
..... to them w.e.f. 1-3-1984 be not withdrawn and why the duty involved on the clearances of the said products be not demanded under section 11a of the central excises and salt act, 1944.5.1. issue no. (1). - the asstt. collector in de novo proceedings, on remand from the collector (appeals), has held these ..... medicine under the central excise tariff has to conform to the definition of the said expression 'patent or proprietary medicine' under tariff item 14e. reference to the drugs act for the purpose of classification under the central excise tariff does not appear to be relevant in view of the general principle enunciated by the supreme court. applying ..... prima facie evidence of the fact that the subject goods are drugs. it is true that the definition of "patent or proprietary medicines" under the drugs and cosmetics act cannot be applied for interpretation of item no. 14e of the central excise tariff schedule. however, what is relevant and significant is that the two definitions have many .....
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