Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : AIR2004SC179; JT2003(Suppl2)SC534; (2003)IIILLJ1102SC; 2003(8)SCALE613; (2003)11SCC31; 2004(86)SLJ94(SC); (2004)1UPLBEC330
..... government transferred all such mills to the national textile corporation ltd. (hereinafter referred to as 'ntc') which was brought into existence for this purpose. under section 5 the said act the liability towards wages, salaries and other dues of workers of such mills after the takeover of management by the central government, is that of the central ..... not a sufficient ground for us to deny relief to the staff/sub staff working in the mills. as per the provisions of section 5(2)(c) of the sick textile undertakings (nationalisation) act, 1974, the wages, salaries and other dues of the employees of the sick textile undertakings after the takeover of their managements by ..... as well as most of its subsidiaries have been constantly incurring losses and majority of them are sick companies facing proceeding under the sick industrial companies (special provision) act, 1985 (in short 'sica'). 3. in support of their plea of 'equal pay for equal work' the staff working in the mills claimed that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : JT2003(9)SC438; (2004)1MLJ49(SC); 2003(8)SCALE688; (2003)10SCC121
..... prove both the ingredients - the factum as well as the intention - that the appellant falls in the categories of the persons, mentioned above [clause (d) of section 2 of the act], has occupied the land in dispute, which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally taking ..... possession of such land or entering into the land for any of the purposes mentioned in clause (e) of section 2 of the act, summarised above.what needs to be looked into in the present controversy is : whether the appellant has any lawful entitlement (proprietary or possessory) to the land ..... of evidence of title produced by him, he can be held to be not falling in the definition of 'land grabber' under sub-clause (d) of section 2 of the act. in the present case, the occupants had produced documents to prove their source of title and long possession of their predecessor-in-title being the original grantee .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : AIR2003SC4475; JT2003(Suppl2)SC366; 2004(1)KLT354(SC); 2003(8)SCALE591; (2003)8SCC526
..... decide, any question of law.(1a) .......(1b) .......(2) .......(3) .......(4) ......' 6. the relevant provisions of the madras preservation of private forests act, 1949 (for short 'the mppf act') are as under:-section 3. 'preservation of private forests - (1)(a) no owner of any forest shall, without the previous sanction of the district collector sell, mortgage, lease ..... light of the law laid down by the high court in the earlier judgments, the high court was justified in interfering exercising revisional jurisdiction under section 103 of the act inasmuch as the talk land board decided the question of law erroneously on the facts either found or established; the board also failed to ..... order of the high court made in review.3. the learned counsel for the appellants contended that the high court in its revisional jurisdiction under section 103 of the act was not right and justified in interfering with the order passed by the taluk land board; the high court could disturb the finding recorded .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : AIR2003SC4501; 2004(1)AWC18(SC); JT2003(Suppl2)SC402; 2003(8)SCALE584; (2004)1SCC55
..... companies (the appellant and respondent no. 1). section 15 of the milk act reads as under:'15. prohibition or regulation of sale and transport and export of milk and milk products. - the state government may, in the ..... supplied by respondent glindia to the appellant dairy farm were fixed under terms mutually settled through negotiations between the parties, the power of price fixation under section 15 of the act could not have been invoked by the state government to nullify the terms and conditions of the agreement on fixation of price reached between the two ..... placed on the exercise of such powers by the state. the second ground urged is that the price fixation by the state in accordance with section 15 of the milk act is a power with which the court should not interfere because it is essentially within the domain of executive authorities and requires consideration of several .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-13-2003
Reported in : AIR2003SC4482; 2004(5)ALLMR(SC)123; [2004(2)JCR135(SC)]; JT2003(Suppl2)SC443; 2003(8)SCALE600; (2003)8SCC648
..... the grant of mining lease. that apart, interest is included within the expression 'other charges' - the phrase as employed in clause (i) of sub-section (2) of section 13 of the act. a decision by a division bench of andhra pradesh in suvarna cements ltd. and anr. v. union of india and ors., has been brought to our ..... said companies, hereinafter collectively called as 'coalfields', have the exclusive right for extraction of coal under the lease deeds held by them.2. sub-section (3) of section 9 of the act empowers the central government to enhance or reduce the rate at which royalty shall be payable in respect of any mineral including coal w.e.f. ..... the mining rights have been leased to the coalfields by the state government under the provisions of the mines and minerals (development and regulation) act, 1957. under section 4 of the act no mining operation in any area shall be undertaken except under and in accordance with the terms and conditions of a mining lease granted under the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-13-2003
Reported in : AIR2003SC4622; 2003CriLJ4561; 2003(90)ECC1; 2003LC288(SC); 2003(162)ELT6(SC); JT2003(Suppl2)SC503; 2004(1)KLT364(SC); 2003(8)SCALE515; (2003)8SCC342
..... to the central government and the state government, but this cannot be allowed to create a smokescreen by an unscrupulous detenu to take the authorities by surprise, acting surreptitiously or with ulterior motives. in the present case, the order (grounds) of detention specifically indicated the authority to whom the representation was to be made ..... declaration made. the articles were seized under the provision of customs act, 1962 (in short the 'customs act') read with foreign trade (development and regulation) act, 1992. the detenu made voluntary statements on 26.2.2000, which were recorded under section 108 of the customs act. the order of detention was passed purportedly with an idea of ..... arijit pasayat, j.1. an order of detention under section 3(1)(i) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (in short the 'act') was passed on 26.4.2000 by the secretary to government of tamil nadu, public (law and order) department. as a consequence of such .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2003
Reported in : 2004(2)ALT15(SC); I(2004)BC187(SC); (SCSuppl)2004(1)CHN38; [2004(1)JCR4(SC)]; JT2005(11)SC439; 2003(8)SCALE505; (2003)8SCC319
..... pursuant whereto, the appellant deposited the amount. the brother of the mortgagor, thereafter, filed an objection in the said execution case purported to be in terms of section 47 of the code of civil procedure for setting aside the auction sale which was marked as misc. civil case no. 11/68. the said application was dismissed ..... pandey died in the year 1944 when the hindu succession. act, 1956 had not come into force.(b) the documents prove that the plaintiff, smt. savitri devi had no interest in the suit property and that the preliminary ..... ugam prakash pandey, father of the mortgagor having died in the year 1944, the mortgagor alone succeeded to the properties and not his sisters as the hindu succession act, 1956 did not come into force thence. in support of the said contention the appellant filed various documents, the said application was allowed holding:'(a) ugam .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2003
Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)
..... in kuju collieries ltd. v. jharknand mines ltd. and ors. : [1975]1scr703 this court held that in relation to a contract which is hit by section 23 of the contract act section 75 and section 70 of the contract act shall not apply. only in a case where a contract has become void due to subsequent happenings, the advantage gained by a person should be ..... one of three possible reasons would have imputed negligence to the shipowners. it was held by the house of lords that, since the charterers were unable to prove that the explosion was caused by the fault of the owners, the defence of frustration succeeded and the contract was discharged. it should perhaps be rioted that in many cases a self- ..... never explained. the rule is open to the objection that the charterer is much less likely than the owner to be able to show how the explosion occurred. this reasoning does, indeed, prevail in one group of cases: a person to whom goods have been bailed, and who seeks to rely on their destruction as a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2003
Reported in : AIR2003SC4548; 2004(1)ALD18(SC); (SCSuppl)2004(1)CHN66; [2004(2)JCR34(SC)]; JT2004(6)SC442; (2004)136PLR612; 2003(8)SCALE474; (2003)8SCC752
..... the temple attorning the latter as his landlord. this the defendant no. 2 could not have done in view of the rule of estoppel as contained in section 116 of the evidence act. it was at the instance of the newly appointed trustees and the chief executive officer who on behalf of the temple started claiming the suit property in ..... appellant. a30 is the photo copy of the order passed by assistant commissioner h.r. and c.e.(admn.) department, coimbatore in exercise of its jurisdiction under section 63 of the act in which it has been held that temple is not the owner of the property in dispute. a34 is the photo copy of the rent agreement executed between ..... is an entry regarding receipt of rent. in our view, the books were maintained properly and regularly and there is no reason to doubt their veracity.12. section 34 of the evidence act declares relevant the entries in books of account regularly kept in the course of business whenever they refer to a matter into which the court has to enquire .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2003
Reported in : AIR2003SC4630; I(2004)BC211(SC); [2003]117CompCas554(SC); (2004)1CompLJ121(SC); 2004(2)CTC374; JT2003(10)SC597; 2003(8)SCALE364; (2004)1SCC12; [2003]47SCL582(SC); 2004(1)LC
..... the promise who has accepted satisfaction from the third party cannot insist of the satisfaction of its claim from the promisor as well. no case under section 41 of the contract act has been pleaded by the citi bank. it no where pleaded that cmf had delivered the bonds to scb and, therefore, scb cannot enforce its ..... containing the endorsement of payment by the plaintiff. the privy council overruling the decision of the judicial commissioner held that in view of the presumption under section 114 of the evidence act the onus was upon the plaintiff to show that the debt was still subsisting which the plaintiff had failed to discharge by producing any evidence. ..... contention that the special judge fell in error in accepting the contention of scb that the present case would be governed by section 41 of the indian contract act according to him section 63 of indian contact act would be more appropriately applicable. that the citi bank as per decree was required to pay the value of the securities .....
Tag this Judgment!