Court : Chennai
Decided on : Oct-13-2003
Reported in : (2004)ILLJ776Mad
..... 6. insofar as the second submission as to the workman being a casual employee, in more than one case this court has held that section 2(s) of the industrial disputes act does not make any difference between a permanent and a temporary/casual workman so far as the disciplinary proceedings and the opportunity of being heard is ..... processing service society ltd. & another '. insofar as the contention of the corporation as to the issue of casual worker, the learned counsel submitted that section 2(s) of the industrial disputes act does not make any difference so far as the disciplinary proceedings are concerned between a permanent worker and a casual worker. even a casual worker is ..... name was removed from the list of casual labourers on 17.3.84 for his misconduct on 11.3.84. the workman raised a dispute under section 2a of the industrial disputes act, 1947. by the impugned award, he was ordered to be reinstated with backwages and continuity of service. the said award is challenged in this writ .....
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 : Mumbai
Decided on : Oct-13-2003
Reported in : 2004(1)ALLMR555; 2004(2)BomCR563
..... in item 1 of schedule iv. the powers of the industrial and labour courts are stipulated in section 30 of the act. section 30 provides that where a court decides that any person named in the complaint has engaged in, or is engaging in, any unfair labour ..... involving the application and/or interpretation of the standing orders. that is the function of the courts and tribunals constituted under the industrial disputes act. the limited purpose of section 13a is to provide a forum for determination of any question arising 'as to the application or interpretation' of the certified standing orders as ..... have jurisdiction to entertain the complaint which was instituted by the petitioner, it would be at the outset necessary to notice that under section 5(d) of the mrtu & pulp act, 1971, the industrial court has been vested with the jurisdiction to decide complaints relating to unfair labour practise except unfair labour practices falling .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-13-2003
Reported in : ILR2003KAR4715
..... aggrieved by the said order, the employee has filed an appeal before the educational appellate tribunal as provided under section 8(1) of the karnataka private educational institution (discipline and control) act, 1975 ('the act' for short)6. contesting respondents had filed their objections denying the assertions and allegations made in the memorandum of ..... it is unheard of an issue being framed, casting onus on the delinquent employee to prove that he is innocent and has not committed certain acts of misconduct alleged against him by the management. the tribunal considers these wrong issues and comes to the conclusion that the imposition of penalty of dismissal ..... petitioner in writ petition 6720/2000 was working as a workshop superintendent in the institution managed and controlled by the respondent society. for the alleged acts of misconduct said to have been committed by the petitioner while he was in its service, the disciplinary authority of the respondent institution had dismissed .....
Tag this Judgment!Court : Kolkata
Decided on : Oct-13-2003
Reported in : 2004CriLJ1594
..... place of the meeting and subject to considerations of public order. therefore, we are unable to hold that the impugned rules are ultra vires section 33(1) of the bombay police act insofar as they require prior permission for holding meetings.'17. justice mathew, in a concurring opinion based on different reasons, after copiously quoting ..... his benefit and/or advantage and that there has been a violation of that order. the concept of civil contempt under the statutory definition of section 2(b) of contempt of courts act, 1971, is clear that in order to constitute civil contempt, there must be wilful violation of a court's order or direction or ..... unmindful about the source of power of the court given under the constitution particularly under article 215 of the constitution of india and section 14 of the contempt of courts act read with various sections, rules and appendix. however the constitutional authorities have inherent power to uphold the dignity and majesty of the court of law. the .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-13-2003
Reported in : 2004(1)KarLJ111
..... aggrieved by the said order, the employee has filed an appeal before the educational appellate tribunal as provided under section 8(1) of the karnataka private educational institutions (discipline and control) act, 1975 ('the act' for short).6. contesting respondents had filed their objections denying the assertions and allegations made in the memorandum of ..... , it is unheard of an issue being framed, casting onus on the delinquent employee to prove that he is innocent and has not committed certain acts of misconduct alleged against him by the management. the tribunal considers these wrong issues and comes to the conclusion that the imposition of penalty of dismissal ..... writ petition no. 6720 of 2000 was working as a workshop superintendent in the institution managed and controlled by the respondent-society. for the alleged acts of misconduct said to have been committed by the petitioner while he was in its service, the disciplinary authority of the respondent-institution had dismissed the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-13-2003
Reported in : I(2005)BC69; 2003(3)KLT1169
..... additional respondent.2. the petitioners' contention is that though notaries appointed only for part of the country or for part of the state, under section 3 of the notaries act 1952 limits only their jurisdiction of functioning but does not affect their right to render service to any client approaching them but living outside the territorial ..... limits of the notary. according to petitioners section 8 of the act does not impose restriction in regard to any client but it only says that every notary should function within the territory within which he is allowed ..... the area where the notary is authorised to practice. in this context it is pertinent to note the functions of the notary which are contained in section 8 of the notaries act which are as follows:-'(a) verify, authenticate, certify or attest the execution of any instrument;(b) present any promissory note, hundi or bill of .....
Tag this Judgment!Court : Jharkhand
Decided on : Oct-13-2003
Reported in : [2004(1)JCR91(Jhr)]
..... -sheet or for which he was not proceeded against. the appellate authority, by having taken into consideration additional charges, must therefore be said to be acted with material irregularity.11. additionally and as is apparent is that the main charge therefore which ultimately comes to the forefront is that the petitioner did not accept command on ..... said is that such a demand was not made.10. it therefore appears that both the officers who have passed the impugned orders have not applied their mind and have acted in a manner that is not permissible in law. it is well known that no person can be punished for a charge that was not a part of the charge .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-13-2003
Reported in : (2003)(158)ELT822TriDel
..... , it is made clear that if the terms of this stay order are not complied with within the stipulated period, then the appeal shall become liable to be dismissed under section 35f of the act without any further reference to them.4. to come up for reporting compliance and further orders on 15th december, 2003.
Tag this Judgment!Court : Kerala
Decided on : Oct-10-2003
Reported in : AIR2004Ker16; 2003(3)KLT999
..... was in possession of one such property will the limited interest of the daughter get enlarged to full right after the commencement of the hindu succession act under section 14(1) of the act?2. if the answer to the first question is in the affirmative is not the reasoning of the courts below that the assignment of property by ..... be had without any departure therefrom. tulsamma case obviously having this in mind decided the issue and attributed the widest possible connotation to the words used in section 14(1) of the act of 1956'.in mulla's principles of hindu law, eighteenth edition, at page 146, it is stated as follows:'the daughter takes a limited interest in ..... hindu law and submitted that females succeeding as heirs, whether to a male or female, took limited estate in the property. reference was also made to section 26(2) of the act and submitted that a female should succeed as a heir and become a limited owner of the property and thereafter continue to possess the property and upon .....
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