Court : Sales Tax Tribunal STT West Bengal
Decided on : Jul-21-1989
Reported in : (1990)78STC441Tribunal
..... sale of tins. another case referred to was reported in [1986] 62 stc 61--a decision by single bench of the calcutta high court in the case of indian explosives ltd. v. state of bihar. the only question that arose for determination was whether the cost of freight or delivery of naphtha could be included in the sale price ..... of sale comprising 848 dozen of bottles of beer. the contention that the security deposits in respect of bottles is an actionable claim within the meaning of section 3 of the transfer of property act, is unfounded. there was no regularity of return of the goods, namely, the bottles, within a certain period of time as is commonly stipulated in ..... that the security deposit could not form part of the sale price and that, at most, it could be an actionable claim within the meaning of section 3 of the transfer of property act.actionable claim means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-13-1989
Reported in : ILR1989KAR2277; 1989(2)KarLJ161
..... a human problem of the multitudes and also the problem of rural india peculiar to hindu society. thought explosion precedes social revolution and the thinking is one of preferential treatment to the less fortunate and weaker sections who are the victims of neglect through centuries.the incursion of institutionalised lethargy is detrimental to national interest as ..... consideration from each of respondents-4 to 6 who are the original grantees. the assistant commissioner issued notice to the petitioner under the provisions of section 5 of the act and, after an enquiry, held that the transfer of land is null and void and ordered taking over of possession of the lands by evicting ..... by any interested person or on information furnished in writing by any person or even suo moto after due enquiry by the competent authority under the act.the act may be described as the product of a restructure of property rights in a developing society against the setting of the egalitarian order envisaged by the .....
Tag this Judgment!Court : Delhi
Decided on : May-26-1989
Reported in : AIR1990Delhi159; 39(1989)DLT70; 1989(17)DRJ187; 1989RLR546
..... reluctant to part with the said premises on rent because of the long delay and the procedure that had to be followed to recover possession of those premises.section 21 of the rent act was an attempt to meet that reluctance.'12. now, if the object of enacting s. 21 was to induce the reluctant and potential landlord to create tenancies then ..... judgment of the supreme court in inder mohan lai's case : [1987]3scr765 (supra) as follows (at pp. 1988-89 of air):'the rent acts all over the country came in the wake of partition and explosion of population in metropolitan and new urban cities. there are acute; shortages of accommodation. very often these shortages and the demand for accommodation led to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-1989
Reported in : AIR1989SC1703; (1990)1GLR489(SC); JT1989(2)SC323; (1989)3SCC321; [1989]3SCR182
..... pending 66(b) 65(a)81 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- s.no. police station cr no. section disposal ------------------------------------------------------------------------------- (1) kalupur 2/88 ipc 307, 120(b) 212; under inquiry terrorist act, section 3(1)(3); explosives sections 4, 5; arms act 25(l)(a)(c); bombay police act 135(1) ------------------------------------------------------------------------------- 3. from the above materials, the detaining authority has concluded that ..... the detenu was a bootlegger within the meaning of section 2(b) of the act.4. it is further stated that .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-1989
Reported in : (1991)IILLJ360Cal
..... were that the respondent was a shot firer in a colliery and being a risky, technical job had to possess a certificate for which he handed over an explosive to an unskilled hand who fired it, and accident occurred and one bhadu employed in the mine was injured. the regional inspector of mines enquired into the cause ..... justification of such termination. the said clauses specially the clauses 1,2 and 52 of the said agreement are thus violative of the provisions contained in section 23 of the contract act as also article 14 of the constitution of india.the learned advocate further submitted that an adequate means of livelihood cannot be secured to the citizens ..... the high court by observing that considering the inequality in the bargaining power of the parties, the clause in the contract of employment was void under section 23 of the contract act as opposed to public policy besides being ultra vires article 14.7. learned advocate for the petitioner also relied upon the decision in the case of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1989
Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43
..... ril in the rpl properties but also the security and with regard to the approval of the financial scheme under monopolies & restrictive trade practices act, the licence under the petroleum act, explosive act, etc , sri pagaria has referred to the requirements under a large number of enactments and contended that, until requisite consents, approvals, licences ..... corpn. of india ltd. as regards convertible debenture issue, it was asserted that there is no violation of the provisions of section 81(5) of the companies act, 1956 as the section contemplates only an optional conversion of government loan into equities, in the instant case, there is a compulsory conversion of publicly held ..... time a public interest aspect of the issue of shares and debentures. in the past decades, investors in shares and equities constituted a very limited section of the public and consisted of two extreme types-either persons who could shrewdly appraise the merits of each issue and take a considered decision .....
Tag this Judgment!Court : Orissa
Decided on : Apr-25-1989
Reported in : 68(1989)CLT516; 1989CriLJ2016
..... informant or his party due to the accused being at large.4. chargesheet has been submitted against the opposite parties under sections 147/148/307/323/324/302/337/147, i.p.c. and section 9b of the indian explosives act. as appears from the impugned order of the learned sessions judge, the considerations which have weighed with him to release ..... the opposite parties on bail are the existence of a counter case under section 307, i.p.c. against the informant's group, ..... petition.3. admittedly the state has not moved for cancellation of bail. though there is no absolute bar against an informant to move for cancellation of bail, under section 439(2), cr. p.c., yet the considerations which weigh with the court to exercise powers at the instance of a private person are, besides the factors necessary .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-21-1989
Reported in : (1995)IIILLJ740AP
..... 7. we shall not proceed to consider the various contentions. the learned counsel for the respondents, viz., the contract labour, relied on certain provisions of the act. in section 2(b) it is mentioned that a workman shall be deemed to be employed as 'contract labour' in or in connection with the work of an establishment ..... are contract labour working as hamalis 'muccaddams' in the area stores of the company and the nature of work is to load and unload store material like explosives, cement, timber, iron, etc., and all the petitioners were given training by the respondent-company for certain period and though the petitioners are working under the ..... entitled to be absorbed- reliance is placed on catering cleaners of southern railway v. union of india, 1987 (1) llj 345. in that case. section 10 of the act came up for consideration. the workers concerned there were employed through contractor in the catering department of the railway. they styling themselves as catering cleaners of the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-11-1989
Reported in : AIR1990Kant97; 1989(2)KarLJ202
..... no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do ..... given under proviso to s. 38 of the mysore land revenue code and board standing orders of the erstwhile state of madras.15. section 38 of the land revenue act' (code) reads thus :'right to metals and minerals to vest in government-- unless it is otherwise expressly provided by the terms of ..... the government and the government shall have all the powers necessary for the proper enjoyment or disposal of such rights :--provided that :(i) nothing in this section shall be deemed to apply to limestone, granite and such other ordinary minrals, as the government, by notification in the official gazette, may from time .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-04-1989
Reported in : (1989)2GLR891
..... freely because of the heavy traffic. even though the members of the petitioners-association started to function in the cabin some years back, due to the population explosion, the town has become crowded and the cabins which are now on the road, create traffic hazards. it is also the say of the municipality that the ..... further contended that, if it is held that there is no need to give notice before invoking the provisions of section 185 of the muncipalities act, the same has to be struck down as violative of articles 14 and 21 of the constitution. with these averments, the petitioners have corns forward ..... business after having established their cabins for over a number of years. according to the petitioners, the nagar palika, without following the procedure under section 185 of the gujarat municipalities act and against the principles of natural justice, have come forward with the present notice which is being impugned in this special civil application. it is .....
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