Court : Supreme Court of India
Decided on : Dec-11-2006
Reported in : 2007(2)AWC1432(SC); [2007(2)JCR34(SC)]; 2006(14)SCALE27
..... fifth edition.)11. custom must be ancient, certain and reasonable as is generally said. it will be noticed that in the definition in cl. (a) of section 3 of the act, the expression 'ancient' is not used, but what is intended is observance of custom or usage for a long time. the english rule that a 'custom, ..... done in the present case.9. it would be desirable to refer to certain provisions of the act and the hindu code which governed the field prior to the enactment of the act, section 3(a) of the act defines 'custom' as follows:3. definitions - in this act, unless the context otherwise requires. - (a) the expressions, 'custom' and 'usage' signify ..... of that law in force immediately before the commencement of the act shall become inoperative with respect to any matter for which provision was made in the act except where it was otherwise expressly provided. section 4 gives overriding application to the provisions of the act. section 5 provides that adoptions are to be regulated in terms of .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-11-2006
Reported in : I(2008)BC424; 2007CriLJ895
..... by payee or the holder in due course, but then the condition precedent is that, payee or holder in due course must be a 'legal entity'. section 142 of the act does not say that even if the payee or holder in due course is not a 'legal entity', a complaint can be filed by such entity or ..... 2001 by the learned 2nd joint judicial magistrate first, dhahera ('jmfc', for short) dated 01.10.2003, whereby the appellant was held guilty of offence under section 138 of the negotiable instruments act, 1881 ('the act', for short).the learned jmfc was pleased to hold that the accused - chaudhari govindbhai (govabhai) bechardas is guilty of an offence under ..... by principal officers in charge of management or by such persons who under law are recognised to represent such a body. section 141 of the act defines company and the explanation runs as under:explanation :- for the purposes of this section -(a) 'company' means any body corporate and includes a firm or other association of individual; and(b) 'director .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2006
Reported in : [2007(113)FLR148]
..... employee could not have been arrived at in the form of a settlement with the union. there is no merit in the submission. under sub-section (1) of section 18 of the industrial disputes act, 1947, a settlement which is arrived at by agreement between the employer and workman otherwise than in the course of a conciliation proceeding is ..... to be binding on the parties to the agreement. the proviso to sub-section (1) which is inserted by a maharashtra amendment (act no. 1 of 1972) provides as follows:provided that, where there is a recognized union for any undertaking under any law for the ..... into a settlement with respect to dismissal, discharge, removal, retrenchment, termination of service or suspension of the employee. the bracketed portion of the proviso to sub-section (1) of section 18 is in turn an exception to the principle which is laid down in the proviso itself. as a result, where there is a recognised union, an .....
Tag this Judgment!Court : Kerala
Decided on : Dec-11-2006
Reported in : AIR2007Ker127
..... pointed out by learned counsel appearing for petitioner, trial court is competent to impound an instrument as defined under section 2(j) of kerala stamp act, corresponding to section 2(14) of the indian stamp act.section 2(j) of kerala stamp act defines an 'instrument' includes every document by which any right or liability is or purports to be created, ..... argued that when an instrument is sought to be marked as evidence and court is satisfied that the instruments is insufficiently stamped. court is bound to act as provided under section 33 and as the instrument is a bond, trial court rightly found that the instrument is not sufficiently stamped and the order cannot be challenged. ..... passed on the same day, learned sub judge held that the document is both an agreement and bond and is chargeable with duty as provided under section 5 of kerala stamp act. ext. p2 order is challenged in o.p. 6574/ 2003, filed under article 227 of constitution of india.3. learned counsel appearing for petitioners .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2006
Reported in : AIR2007SC590; 2006(13)SCALE335; (2006)11SCC1
..... of no relevance in interpreting paragraph 3 of the tenth schedule. in the context of the language of paragraph 3 of the tenth schedule, section 13(2) of the general clauses act, 1897 which requires that unless there is anything repugnant in the subject of context, 'words in the singular shall include the plural, and vice ..... members. that intention is clear from paragraph 3 which does not protect a single member legislature party. it may be noted that by constitution (ninety-first amendment) act, 2003, paragraph 3 has been omitted from the tenth schedule.48. lastly, we will consider the ground of personal malafides. it is alleged that a telephone ..... orders, the four independent members of the assembly having joined indian national congress have incurred this disqualification. 9. the speaker, while exercising power to disqualify members, acts as a tribunal and though validity of the orders, thus, passed can be questioned in the writ jurisdiction of this court or high courts, the scope of .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2006
Reported in : [2007(113)FLR240]
..... change ought to have been given under section 9-a of the industrial disputes act, 1947. item 10 of schedule-iv to the industrial disputes act, 1947 reads as follows:10. rationalisation, standardisation or improvement of plant or technique which is likely to lead to retrenchment of ..... or agreement forms the essence of the unfair labour practice on the part of the employer. under item 10 it is an unfair labour practice to indulge in an act of force or violence. no force or violence was practiced by the employer. in so far as item 9 is concerned, the submission is that a notice of ..... unfair labour practices under item 5 of schedule ii and items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971.pfizer was engaged in the production of protinex, a dietary supplement. on 27th november, 2002 a communication was addressed on behalf of the company to its employees .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-2006
Reported in : 2007(3)ARBLR531(Cal)
..... other judgments rendered by the apex court, wherein it has been held that an application for setting aside an award has to be tried within the four corners of section 34 of the act. he submitted that public policy is a concept which has been described as an unruly horse and unreliable, to say the least, and there is, therefore, no ..... grounds enumerated therein. it is not in dispute that an application for setting aside the award would not lie on any other ground, which is not enumerated in section 34 of the act. the question as to whether the award is required to be stamped and registered, would be relevant only when the parties would file the award for its enforcement ..... should be patent affecting the rights of the parties.74. in the result, it is held that:(a)(1) the court can set aside the arbitral award under section 34(2) of the act if the party making the application furnishes proof that:(i) a party was under some incapacity; or(ii) the arbitration agreement is not valid under the law .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-11-2006
Reported in : (2007)213CTR(Kar)206; [2007]293ITR57(KAR); [2007]293ITR57(Karn)
..... is open for the conduct of business of profession and, in the case of any otherplace, only after sunrise and before sunset.(3) an income tax authority acting under this section may,-(i) if he so deems necessary, place marks of identification on the books of account or other documents inspected by him and make or cause to be ..... power to take away valuable things such as title deeds of immovable properties and other stamped documents; that such impounding is not permitted under the provisions of section 133a(4) of the act; that the communication dated 4th august 2006 indicating that the retention is authorised up to 31.12.2007 by the chief commissioner of income tax, bangalore ..... 1(1) in terms of the authorisation issued in his favour by the joint commissioner of income tax, range-ii, mysore exercising his power under section 133a(i) of the income tax act, 1961.2. it appears the survey lasted for not less than 12 hours in the premises during the course of which the income tax authorities claim .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2006
Reported in : 2007CriLJ1386
..... been committed by the accused. according to the well known commentary on the indian penal code by ratanlal & dhirajlal the ingredients required to be proved for an act to constitute an offence under section 122 are: (i) there must be a collection of men, arms or ammunition; (ii) such a collection should be with the intention of either ..... often said that the number of force, the manner in which they are arrayed, armed or equipped is immaterial. even a limited number of persons who carry powerful explosives and missiles without regard to their own safety can cause more devastating damage than a large group of persons armed with ordinary weapons or firearms. then, the other settled ..... and design to wage war against the established government exists or the offence falls short of it.for instance, the firepower or the devastating potential of the arms and explosives that may be carried by a group of persons - may be large or small, as in the present case, and the scale of violence that follows may .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-11-2006
Reported in : (2007)9VST41(AP)
..... notice, dated december 7, 2006 in form 610 and also directing to pay penalty at two times the alleged tax due, as arbitrary, contrary to the provisions of the apvat act and rules, 2005 and consequently direct the first respondent to release the vehicle along with the consignment forthwith and pass such other order or orders as the honourable court may ..... carrying on business in manufacture and sale of granite, is a registered dealer on the rolls of the second respondent both under the central sales tax act, 1956 and under the andhra pradesh value added tax act, 2005. it appears from the affidavit that the petitioner sold polished granite slabs to m/s. shiva granites marble, surat. the invoice value of the .....
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