Court : Supreme Court of India
Decided on : Jul-25-1989
Reported in : AIR1989SC1789; 1989CriLJ2101; 1989(3)Crimes16(SC); JT1990(3)SC239; 1989(2)SCALE93; (1989)3SCC596; [1989]3SCR549; 1989(2)LC700(SC)
..... nathu lal's case.8. the high court i hereafter proceeded to consider the further amendment effected to section 7 of the act pursuant to the recommendation of the law commission in its 47th report.9. though for the purpose of the two appeals on hand, it would be ..... as an essential condition of the of fence was excluded so that every contravention whether intentional or otherwise was made an offence under section 7 of the act. thus by introducing these words in section 7 by the aforesaid statutory amendment, (he legislature made its intention explicit and nullified the effect of the supreme court dicta in ..... licence and the provisions of the licensing order. consequently, the collector ordered confiscation of 100 tins of groundnut oil from out of the 3971 ins under section 6(1) of the essential commodities act. on the firm preferring an appeal, the appellate authority, viz. additional sessions judge, kaira at nadiad held 'that clause (11) of the .....
Tag this Judgment!Court : Orissa
Decided on : Jul-25-1989
Reported in : 1989(25)LC540(Orissa); 1990(45)ELT562(Ori)
..... suits had been filed, whether claims of any damages arising out of the accidents would be maintainable before the accidents claims tribunal by filing applications under section 110-a of the said act or suits would lie for enforcement of rights before the civil court which was the forum available when the causes of action for claiming damages arose. ..... xx xx(c) xx xx xx(d) xx xx xx(e) xx xx xx(f) in any other case, the date of payment of duty.'section 1(2) of the amending act provided that the amendment shall come into force on a date to be appointed by the central government later on.before the aforesaid provision came into force, ..... expressly or impliedly excluded can be entertained by the civil court. but in the present case, the legislature inserted section 11b in the act by section 21 of the customs, central excises and salt and central boards of revenue (amendment) act, 1978 (act 25 of 1978). section 11b, so far as relevant, reads as follows :-'11b. claim for refund of duty :-(1) any .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-1989
Reported in : AIR1989SC1803; 1989CriLJ2111; (1990)1GLR142(SC); JT1989(3)SC168; 1989(2)SCALE69; (1989)3SCC568
..... concerned in writ petition no. 479/88-three cases registered against the petitioner are referred to have '. been considered for bringing him within the meaning of section 2(c) of the act and those cases are mentioned under serial nos. 2, 3 and 4 of annexure 'd'. it is not in controversy as in the case of writ ..... only two cases, registered against the detenu mehboobkhan are shown to have been considered for holding that the petitioner is a 'dangerous person' within the definition of section 2(c) of the act. these two cases are shown under sl. nos. 2 and 4 of annexure '. 'd', extracted above. it is not in dispute that this writ ..... ahmedabad, the first respondent herein, in exercise of the powers conferred by subsection (i) of section 3 of the gujarat prevention of anti-social activities act, 1985-hereinafter referred to as the 'act'-with a view to preventing the petitioners/detenues from acting in any manner prejudicial to the maintenance of public order in the area of ahmedabad city. all .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-25-1989
Reported in : (1990)IILLJ577AP
..... shall first deal with the question whether the 'nrsa' can be said to be an 'industry' within the meaning of s. 2(j) of the industrial disputes act. 6. section 2(j) of the industrial disputes act defines 'industry' while s. 2(g) defines the word 'employer' and s. 2(a) defines 'workman'. 7. the definition of 'industry' has raised ..... a contract of service and hence not a retrenchment under sub-clause (bb) of s. 2(00). 17. section 2(oo) of the industrial disputes act which defines 'retrenchment' as amended by act 49/84 way of adding clause (bb), reads thus : 'section 2(oo) : 'retrenchment' means the termination by the employer of the service of a workman for any ..... while construing the provisions of ss. 25f and 25b of the industrial disputes act, in workmen a. e. i. b. corpn. v. management, (1985-ii-llj-539). that case refers to the counting of sundays (and other paid holidays) for purpose of the said sections. the supreme court quoted the observations of lord wilberforce in prenn v. simmonds .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-25-1989
Reported in : [1990(60)FLR58]; (1990)IILLJ534All
..... .'3. from a reading of the definition of 'occupier' in section 2(n) of the act read with the second proviso, it is clear that in the case of a company, one of the directors shall be deemed to be an 'occupier'. this amendment ..... .' proviso (ii) to sub-section (n) of section 2 of the act is relevant for the purposes of this act. it reads as under:'proviso (ii). in the case of a company, any one of the directors shall be deemed to be the occupier ..... factories, u.p. kanpur, has asked the petitioner company to give the name of a director who would be deemed to be an occupier of the petitioner.2. section 2(n) of the factories act, 1948 defines an 'occupier'. it reads as under:'2(n). 'occupier' of a factory means the person who has ultimate control over the affairs of the factory .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-1989
Reported in : 1989(2)BomCR661; (1990)ILLJ445Bom; 1989MhLJ794
..... to decide is the scope and ambit of the amended sub-clause (bb) of clause (00) of section 2 of the industrial disputes act section 2(00) after amendment reads as under :-'section 2(00). 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever otherwise than ..... the labour court was of the opinion that under the amended definition of retrenchment, the petitioners cannot be said to have been retrenched and hence section 25-f of the industrial dispute act was not attracted. the petitioners feeling aggrieved by the order, finally deciding the point involved, have filed this petition.6. what is necessary ..... other contentions were also raised but they are not relevant for my consideration at present. each of the petitioners simultaneously moved an application under sub-section (2) of section 30 of act no. i of 1972 seeking an interim relief for continuing the petitioners in service during the pendency of the complaints.4. it is a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-25-1989
Reported in : AIR1990P& H97
ORDER1. This revision petition is directed against the order dated 17th December, 1988 of the learned Rent Controller, Ludhiana refusing to recall the order by which ex parte proceedings were taken against the petitioner. The respondent (hereinafter referred to as landlord) filed an application for eviction against the petitioner (hereinafter referred to as the tenant) on the grounds of non-payment of arrears of rent and making material alterations in the demised premises without written permission of the landlord. Notice of the application was issued to the tenant for 7th November, 1986. The tenant was allegedly served but he did not put in appearance. Summons were not traceable on the file, so fresh summons were issued for 3rd December, 1986. The Process Server reported that the tenant had refused to accept the service. On the basis of this report, ex parte proceedings were ordered against the tenant. On 8th May, 1987 the tenant moved an application for recalling the order dated 3rd ...
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-1989
Reported in : AIR1991Cal3
..... between the parties, has a tradition in india. it has a social purpose to fulfil today. it has a great urgency today when there has been an explosion of litigation in the courts of law established by the sovereign power, new rights created, or awareness of these rights the erosion of faith in the intrinsic sense ..... norms which will create confidence, not only by doing justice between the parties, but by creating a sense that justice appears to have been done. sections 30 and 33 of the act provide for the grounds on which an award of the arbitrator can be set aside. these were mainly, until recent changes made by statutory laws in ..... should be condemned unheard or without representation. it was necessary to do that because the arbitrators are not strictly courts of law guided by the civil procedure code and evidence act laying down massive details of procedure.in the absence of any procedure, prescribed either by statute or by contract, the arbitrators must follow the principles of natural .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-25-1989
Reported in : [1990]181ITR183(All); [1989]47TAXMAN359(All)
..... for filing of the cross-objection had not expired, which is thirty days with effect from the date of the receipt of the notice by the assessee under section 253(4) of the act, the income-tax appellate tribunal could not decide the same. the assessee asserted in the application for setting aside the judgment of the income-tax appellate tribunal that .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jul-25-1989
Reported in : (1990)(28)LC165Tri(Delhi)
..... the seizure is invalid if reasonable belief is formed by the superintendent of central excise who is subordinate to collector; reasonable belief as envisaged by section 110 of the customs act must be formed by the proper officer who must be the head of the department, i.e. collector; reasonable belief formed by the superintendent ..... 39 stc 478 (sc) cannot be understood as recognising a right of cross-examination as an invariable attribute of the requirement of reasonable opportunity under section 17(3) of the act. the supreme court has stated the rule with sufficient elasticity and amplitude as to make the right depend on the terms of the statute, the ..... that "seizure invalid, if reasonable belief is formed by the superintendent of central excise who is subordinate to the collector-reasonable belief as envisaged by section 110 of the customs act must be formed by the proper officer who must be the head of the department i.e. the collector-'reasonable belief formed by the superintendent .....
Tag this Judgment!