Court : Andhra Pradesh
Decided on : Oct-16-1989
Reported in : (1990)ILLJ367AP
..... the management of the society on the one hand and the two recognized registered workers unions on the other. 'settlement defined under section 2(p) of the industrial disputes act as one arrived at in the course of a conciliation proceeding and includes a written agreement between the employer and workmen arrived at ..... fallen'. depending upon the increase in additional work-load, the nmrs will be absorbed. as there was no retrenchment, it is pleaded, that section 25-f of the industrial disputes act has no application. 3. the first question that arises for consideration is whether the writ petitions are maintainable against the respondent-sangam dairy-a ..... guntur district milk producers' co-operative union limited (sangam dairy) represented by its general manager. on 23rd march, 1985, a settlement under section 12(3) of the industrial disputes act. 1947, was reached between the management of the sangam dairy and the petitioner-union and another union by the name bharatiya mazdoor sangh, both .....
Tag this Judgment!Court : Kerala
Decided on : Oct-16-1989
Reported in : 1989(25)LC566(Kerala); 1990(47)ELT549(Ker)
orderk.t. thomas, j.1. first respondent was one among the 10 persons arrested by the customs authorities in connection with a crime alleging the offence under section 135 of the customs act, 1962 (for short 'the act'). the additional chief judicial magistrate (economic offences), ernakulam granted bail to the first respondent by his order dated 5-10-1989. the said order is challenged .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-16-1989
Reported in : 1990(1)WLN621
Miss Kanta Bhatnagar, J.1. Heard learned counsel for the parties.2. Though the case was put up for admission to day but in view of the submission of Mr. B.N. Kalla that the case is covered by the Division Bench decision of this Court in the case of Shashikant v. State of Rajasthan and Ors. D.B. Civil Writ Petition No 2194 of 1984 decided on March 16, 1989 the case may be heard or final disposal to day.3. Mr. Dave did not object to the arguments of the case being heard for final disposal today.4. The grievance of the petitioner is with regard to the order Annex. 9 by which the concerned authority declined to give the petitioner benefit Under the Rajasthan Recruitment of Dependants of Government Servant Dying While in Service Rules, 1975(for short 'the Rules' here in after) on the ground that the father on the petitioner had did on 2-9-1972.5. The question about the legality of the date September 2, 1972 in the rules came for consideration before the Division Bench (of which I was a part...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-16-1989
Reported in : (1991)(32)ECC145
..... show cause notice was issued by the superintendent of central excise as to why appropriate amount of duty should not be demanded from the assessee under section 11a of the act on the phenol formaldehyde resins cleared for captive consumption and used in the manufacture of other articles without filing a classification list and price list, and ..... the sample for testing and returned the same without getting them tested.6.3. he submitted that excisable goods under section 2(d) of the act means goods specified in the schedule to the central excises and salt act, 1944 as being subject to a duty of excise and includes salt.therefore, it is necessary to see whether ..... said article is not 'goods' known to the market. marketability, therefore, is an essential ingredient in order to be dutiable under the schedule to the central excise act. he further submitted that it was found that the formulations were not marketable by the collector and since no evidence was adduced to the contrary, and since the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-13-1989
Reported in : 1990(1)BomCR310; (1989)91BOMLR869
..... the plaint. i will like to refer to the definition of 'member' and 'associate joint member' as contemplated by the maharashtra co-operative societies act, 1960. the relevant provision is section 2, sub-section 19(a) and (b), which is as under :---'2. (19)(a) 'member' means a person joining in an application for the registration ..... :---'held, that on 19-5-1988 when section 4, of the benami transactions (prohibition) act, 1988 came into force, the appeal by special leave challenging the judgment of the high court was pending. the hearing of appeal under ..... before the supreme court as an appeal by special leave challenging the judgment of the high court. the question was whether in such a circumstance section 4 of the benami transactions act, 1988 can be made applicable to the transaction mentioned in the said litigation pending before the supreme court. the supreme court held as under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-13-1989
Reported in : (1990)ILLJ513AP
..... (1977-i-llj-403), a single judge of orissa high court has taken the view that, by virtue of the provisions of the industrial disputes act, and in particular section 2-a thereof, the jurisdiction of civil court to entertain a suit questioning the validity of termination/dismissal of a workman by an employer is barred ..... to reinstatement in service with all antecedent benefits. the employer resisted the proceedings contending that appellant is not a 'workman' within the meaning of section 2(5) of the industrial dispute act, that he belonged to managerial/supervisory cadre, and that having elected to pursue his remedy in a civil court and also having obtained relief ..... the civil court had jurisdiction to entertain the suit, that the termination of service of the appellant was wrongful, but that by virtue of section 14 of the specific relief act, the civil court cannot decree reinstatement of the appellant. the learned sub-ordinate judge noted that the conditions of service of the appellant are .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-13-1989
Reported in : (1990)(26)ECC60
..... appeal memo in which they have stated there is no definition of drug/drug aid in customs or central excise tariff and that the definition in drugs & cosmetics act 1940 in section 3(b)(i) and 3(b)(ii) should be adopted according to which even components of drug like gelatine capsules would be considered as drug.they have, ..... we are unable to agree with the appellant's contention that classification of sodium lauryl sulphate should be made following the definition of drug in the drugs and cosmetics act, 1940.this is because we find from the decision of the tribunal in the anand synthochem pvt. ltd. case cited by shri chandrasekaran, the classification of the ..... goods under item 15-aa of central excise tariff has been confirmed. as for the classification under the customs tariff act, one has to have regard to the chapter notes in determining the classification under the customs tariff act. in this case, we find a lot of force in the learned sdr shri chandrasekaran's submissions that sodium .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1989
Reported in : 1990(1)BomCR561; (1990)92BOMLR70
..... be governed by the provisions of the code of civil procedure unless such provisions are expressly excluded or excluded by implication under the foreign awards (recognition and enforcement) act, 1961. section 141 of the code of civil procedure lays down that the procedure provided in the code of civil procedure in regard to suits shall be followed, as far ..... i do not think was intended by the legislature. i shall attempt to give my reason briefly. to my mind it is clear that the basic object of section 35, arbitration act, 1940 is that within the same system of law, in the same country, two tribunals, one a court of law and the other a court of arbitration, ..... dealing with the court's satisfaction regarding enforceability. such a right cannot be created by a resort to clause 15 of the letters patent.38. under section 17 of the arbitration act also, after the proceedings for setting aside the award have been completed or after time for applying to set aside an award has expired, the court .....
Tag this Judgment!Court : Kerala
Decided on : Oct-12-1989
Reported in : [1991]190ITR356(Ker)
..... ) and of the hyderabad bench in ito v. k. kami reddy (i. t. a. no. 1331 (hyd) of 1983). it also referred to the provisions of section 10(14) of the act. finally, after referring to the conflicting decisions of the various benches the appellate tribunal, in paragraph 10 of its order, referred to the observations of the president of ..... income-tax officer. he held that the incentive bonus was only part of the salary and so the assessees will be entitled only to the standard deduction under section 16(1) of the act. the appellate assistant commissioner accepted the plea of the asses-sees. he allowed 20% deduction. the assessees as well as the revenue appealed before the appellate ..... that the appellate tribunal had before it the different decisions of the various benches of the tribunal and the incentive bonus will broadly be covered by section 10(14) of the income-tax act and so it is not taxable at all. it is an error to say that the appellate tribunal found that the incentive bonus received by .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Oct-12-1989
Reported in : (1990)(25)ECC470
..... high court of calcutta. in the result, we refer this point of law arising out of order of tribunal to the hon'ble high court of calcutta, under section 130 (1) of customs act, 1962, in the following form: "whether the chilled cast iron rolls, which were imported by the appellants, are covered by appendix-10, clause (4) of 1983-84 policy ..... 1. in this reference application filed by the applicants collector of customs, calcutta, a prayer has been made to the effect that under sub-section (1) of section 130 of the customs act, 1962, a statement of the case be drawn up and the question of law involved in this case may be referred to the hon'ble high court of calcutta. it .....
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