Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC481; 1989(2)SCALE873; 1989Supp(2)SCC481; [1989]Supp1SCR615; 1990(1)LC260(SC)
..... dealt with further under the act, the board may be called upon to submit its report along with the scheme for consideration of this court ..... which has suddenly gone sick. learned attorney general states that in the meantime sick industrial companies (special provisions) act, 1985 which received assent of the president on 8th january, 1986 has come into force and a board in terms of section 4 thereof has now been constituted. he suggests that a reference may be made to that board and the ..... board may be called upon to frame the scheme as contemplated under section 18 of the act for revival of the company and instead of allowing the scheme to be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC495; I(1990)BC52(SC); [1990(60)FLR29]; JT1989(4)SC306; 1990LabIC136; 1989(2)SCALE901; 1989Supp(2)SCC424; 1990(1)LC186(SC); (1990)1UPLBEC418
..... by the industrial tribunal (ii), lucknow, dated 12.12 1988 in acj case no. 1 of 1987. the following question was referred to the tribunal under section 4-k of the u.p. industrial disputes act, 1947 :whether denial of pay-scale of rs. 150-250 w.e.f. 1.4.1971 and rs. 280-450 w.e.f. 1.8.1972 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC763; JT1989(4)SC357; 1989(2)SCALE914; 1989Supp(2)SCC465; 1989(1)SCR576(Supp)
..... the previous sarpanch is a beneficiary from the impugned order and has chosen not to taken steps to have the scheme impugned by filing a revision under section 42 of the act. the gram panchayat, being a juristic person, could not by itself except through the executive authority take any action against the scheme prepared by the ..... one through the revenue department and the other through the cooperative department but the progress of consolidation was very slow and lengthy and the act sought to remedy those defects. section 19 of the act provides for publication of draft scheme and on such publication any person likely to be affected by such scheme, shall, within 30 days ..... for petitions filed against orders passes. there is no reference in the rules to a scheme prepared or confirmed or repartition made. the fact that in section 42 of the act the words 'scheme prepared or confirmed or repartition made' have been added as a result of amendment, cannot justify the conclusion that in rule 18 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-24-1989
Reported in : AIR1990SC383; JT1989(4)SC207; 1989(2)SCALE877; 1989Supp(2)SCC547; [1989]Supp1SCR591
..... 'guidelines' for it to be able to process the plans.3. however, by communication dated 18.2.1987, the ndmc in exercise of power under section 193(3) of the punjab municipal act, 1911, rejected the plans, assigning 28 reasons for the rejection. on 14.5.1987, the architect of first-respondent claiming to have subsequently complied with ..... for zone d-l (viz. connaught place area) approved by the central government on 30th april 1966 in no. 21023(7)66 ud under section 9(2) of the delhi development act 1957.we have heard sri kapil sibal learned senior advocate for the ndmc and sri nariman and sri soli j. sorabjee learned senior advocate for the ..... accommodation. on 7.1.1987 the appellant forwarded the revised-plans to the delhi urban art commission (duac) in compliance with the requirements of section 12 of the delhi urban art commission act 1973 which envisages that, notwithstanding anything contained in any other law for the time being in force, every local body shall, before according approval .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-1989
Reported in : AIR1990All75
..... court unless it is agreed upon between the parties or it is provided under some statute. section 3 of the interest act, 1978 also does not support the claim of the appellants for interest in the facts and circumstances of this case . section 3 of the interest act, 1978 reads as below:'3. power of court to allow interest.--(1) in any proceedings for ..... of institution of the proceedings; provided that where the amount of the debt or damages has been repaid before theinstitution of the proceedings, interest shall not be allowed under this section for the period after such repayment.....'.in view of the above provision, the claim of the appellants for interest is wholly untenable. in my opinion, the impugned judgment does not .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-1989
Reported in : AIR1990All44; (1990)1UPLBEC258
..... that there is no particular prescribed order of these publications. the three modes of publications and public notice could be in any order.the only requirement of this sub-section is that the last date of such publication and giving of the notice whichever is later will be the date of publication of the declaration. in this way the ..... the government of u.p. regarding consideration of urgency in this matter. it was also argued that about a year had lapsed between the notification under s. 4 of the act and the last date of publication i.e. 3-12-1988. in these circumstances, there was no justification for dispensing the inquiry.8. learned counsel for the state pointedout ..... newspaper. in this way the first point fails.6. as regards the second point, our attention was drawn to paragraph i of the notification under s. 6 of the act. it should be read with paragraph 2 of the notification. the relevant portion reads as under:'chunki rajyapal ki rai hai ki uktadhiniyam ki dhara 17 ki updhara (1) .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-1989
Reported in : AIR1990All65
..... magistrate for sale under the urban property ceiling (temporary restrictions on transfer) 36 of 1972 had been extended beyond up to 1975 and thereafter urban land ceiling and regulations act, 1976 was passed. it was urged that the appellant had not taken required permission even upto the last date of execution of reconveyance deed. it was argued from the ..... into decree. the decree had prescribed a particular mode of execution of its term. the defendant-appellant could get the decree executed only after performing his part of the act in prescribed manner. the time given in the contract was only for the facility of the plaintiffs. even if they had arranged payments before 31 -10-1975 in the ..... to get the sale deed executed.22. the above argument of the learned counsel for the respondents is not at all tenable. if any agreement states that a particular act relating to the furtherance of the contract was to be done in a particular manner, then it should be done in that manner and it is not open to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-23-1989
Reported in : AIR1991P& H173
..... the petitioner was successful in a civil bout, the respondents in order to retain illegal possession took resort to the provisions of the requisitioning and acquisition of immovable property act, 1952 to legalise their unauthorised occupation.2. a. k. sircar is the petitioner who challenges in this writ petition filed under arts. 226 and 227 of the ..... . in order to bypass the decree passed -in favour of the petitioner, respondent no. 1 took resort to the provisions of the punjab requisitioning and acquisition of immovable property act, 1952 as amended. he passed an order under s. 3 on october 5, 1988 i.e. the date on which executing court had dismissed the application, copy annexure ..... the respondents in that respect was dismissed. it was on that very date that order, annexure r.1 (p. 5) was passed. s. 3(1)of the said act reads as under :--'3. power to requisition immovable property.-- (1) where the competent authority is of opinion that any property is needed or likely to be needed for any .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-23-1989
Reported in : 1989(2)WLN405
..... also a child when the trial against him was pending. they could not have sentenced to undergo punishment by virtue of the provisions of section 26 read with section 21 of the rajasthan children act. both of them have already attained 21 years of age and no useful purpose would be served by sending the cases of these two ..... case had commanded on 17-1-1988 when the charge was framed against the accused appellants by the learned addl. sessions judge. hence, provisions of section 26 of the rajasthan children act came into play and the learned addl. sessions judge was not competent to pass any sentence in respect of these two accused appellants, and was bound ..... by the learned addl. sessions judge and they ought to have been dealt with by the learned addl. sessions judge in accordance with the provisions of section 26 of the rajasthan children act, 197020. learned p.p. has opposed the appeal strenuously and she submits that in the present case, the findings of the learned addl. sessions judge .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-23-1989
Reported in : (1990)(26)ECC90
..... obtaining asbestos fibre was a part of mining operation and the mining process and if so whether the process would amount to manufacture as defined under section 2(f) of the excise act. in para 6, it has been stated that the petitioners were importing absestos fibre for their requirement and they were obtaining some asbestos fibre from ..... was validly imposed, it was not even disputed by the petitioners that they would be liable to pay the additional duty of customs as imposed by section 3 of the customs tariff act, 1975.i may however mention that assuming if it had been held that levy of excise duty was invalid i am not sure that the ..... there is appendix 17, at internal page 253 (page 15 of the paper book of the documents), which lays down norms for import replenishment for registered exporters and therein section x, which is for asbestos and cement products reads as under:s.no. export product import materials permitted remarks replenishment for importb.60 asbestos products & 30% (a) raw .....
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