Court : Supreme Court of India
Decided on : Feb-21-1990
Reported in : AIR1990SC913; (1990)2CompLJ119(SC); JT1990(1)SC324; 1990(1)KLT825(SC); 1990(1)SCALE252; (1990)2SCC502; [1990]1SCR516; [1990]77STC253(SC); 1990(1)LC754(SC)
..... leviable on two points under sub-section (1) or sub-section (2) of section 5 is included foreign liquor as item 2.17. as a result of the kerala finance act, 1987, writ petitions were filed in the kerala high court challenging the constitutional validity of the sales tax levied on the cooked food included under item 57 of the first ..... hotels of restaurants and/or to tax under section hotels above the grade of two 5. stars.15. item 12 in the third schedule was amended by the above finance act to read as follows:12. cooked food including coffee, tea and like articles served in a hotel or a restaurant or any other place not falling under entry 57 ..... result of the above amendment, cooked food specified in item 12 mentioned above was exempt from sales tax by virtue of section 9 of the act.13. this was the position until 1987 when the kerala finance act, 1987 was passed, which was brought into force retrospectively with effect from 1.7.1987. however, we are not concerned with its retrospective .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-27-1990
Reported in : AIR1990SC952; JT1990(1)SC319; (1991)IILLJ265SC; 1990(1)SCALE295; (1990)2SCC542; [1990]1SCR594
..... the statutory canteens. however, the same cannot be said of the institutes and clubs. although for them also the railway establishment manual makes provisions in the same chapter xxviii dealing with staff welfare, the provisions are of a materially different nature and pattern. in the first instance, there is no provision either for subsidy or ..... sizable number of employees work. that is why even the railway administration has, by its establishment manual made a provision for canteens even where the factories act does not apply, and has laid down procedure for their registration and approval and for extending to them almost the same facilities and monetary assistance as in ..... today regarded as a part and parcel of every establishment. so much so that they have been made statutorily mandatory under the factories act, 1948 in establishments governed by the said act where more than 250 workers are employed. the canteen-services are thus no longer looked upon as a mere welfare activity but as .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1990
Reported in : AIR1990SC1851; (1990)2CompLJ89(SC); JT1990(2)SC516; 1990(1)SCALE900; 1990Supp(1)SCC397; [1990]3SCR157
..... amount has been prescribed, exceeds ten lakhs of rupees and this power could be exercised after obtaining the previous approval of the central government clause (c)]. chapter iv of the act deals with finance, accounts, audit and reports. sections 16 and 17 deal with the capital of the commission and the vesting, in the commission, of the previous set ..... products produced by the commission as the central government may, from time to time, require. section 24 in chapter v (miscellaneous) enacts that any land required by the commission for carrying out its function under the act shall be deemed to be needed for a public purpose and such land can be acquired by the commission under ..... over the previously existing organisation with effect from 18.9.59.3. some of the provisions of the act which are relevant for our present purposes may be set out here. chapter iii which deals with the powers and functions of the commission consists of sections 14 and 15. section 14 reads thus:14. functions of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-04-1990
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... the scheme of arrangement was sanctioned by the high court. the respondent ganguly was appointed as the deputy chief accounts officer and was later promoted as manager (finance), the respondent sengupta was appointed as chief engineer (river services) and was later promoted as general manager (river services).182. rule 9(i) of the ..... court's sanction to the scheme of arrangement. while the respondent ganguly therein was appointed as the deputy chief accounts officer and was later promoted as manager (finance), the respondent sengupta was appointed as chief engineer (river services) and was later promoted as general manager (river services). their appointment letters were in stereotype forms ..... look for some other possible meaning then the court cannot go further.317. craie's statute law, seventh edition in chapter 5, at page 64 it is stated that where the words of an act are clear, there is no need for applying any of the principles of interpretation which are merely presumptions in cases .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-1990
Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649
..... (p) ltd. v. municipal corporation of greater bombay and ors. : [1975]1scr1 wherein the validity of the provisions of chapter va of the bombay municipal corporation act, 1888 and the bombay government premises (eviction) act, 1955 were challenged before this court and the said contention was negatived. aligiriswami, j. speaking for the majority, has observed as ..... ) and (i) of the defence of india rules, 1962 and chapter iv-a of the motor vehicle q act, 1939. section 68-b gave overriding effect to the provisions of chapter iv(a) of the motor vehicle act whereas section 43 of the defence of india act, 1962, gave overriding effect to the provisions contained in the defence ..... would have an overriding effect over the provisions of the motor vehicles act.58. in sarwan singh and anr. v. kasturi lal : [1977]2scr421 , the question for consideration was, whether the provisions of section 14a and chapter iiia of the rent control act will prevail over those contained in sections 19 and 39 of the slum .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-28-1990
Reported in : AIR1990SC1984; 1990CriLJ2148a; JT1990(3)SC630; (1990)4SCC594; [1990]Supp1SCR44; 1991(1)SLJ1(SC); (1990)3UPLBEC2093
..... b) district courts-martial; (c) summary general courts-martial and (d) summary courts-martial. the procedure of court-martial is prescribed in chapter xi (sections 128 to 152) of the act. section 129 prescribes that every general court-martial shall, and every district or summary general court-martial, may be attended by a judge-advocate ..... of policy and expediency. the habit of mind of an executive officer so formed cannot be expected to change from function to function or from act to act. so it is essential that some restrictions shall be imposed on tribunals in the matter of passing orders affecting the rights of parties; and ..... promotes thought by the authority and compels it !o cover the relevant points and eschew irrelevancies and assures careful administrative consideration. the federal administrative procedure act, 1946 which prescribed the basic procedural principles which are to govern formal administrative procedures contained an express provision (section 8(b) ) to the effect .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-1990
Reported in : AIR1991SC45; 1991CriLJ97; 1990(2)Crimes435(SC); 1990(48)ELT496(SC); JT1990(1)SC503; 1990(1)SCALE509; (1990)2SCC409; [1990]2SCR63; 1990(2)LC373(SC)
..... , specially empowered, to issue a warrant for the arrest of any person suspected of having committed any offence punishable under the provisions of chapter iv of the act and for the search of any premises, conveyance or place in which such person is suspected of having kept or concealed any narcotic drug ..... prohibition, control and regulation on cultivation, production, manufacture, etc., of any narcotic drug or psychotropic substance is to be found in chapter iii. chapter iv defines the offences punishable under the act and prescribes the penalties therefor. needless to say that the punishments prescribed are very severe. in some cases the minimum punishment is ..... the forfeiture of property derived from or used in illicit traffic of such drugs and substances.8. the act is divided into vi chapters accommodating 83 sections. chapter i contains the short title of the act. definitions of various terms and expressions used therein and provisions enabling addition to and omission from the list .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-15-1990
Reported in : JT1990(4)SC704; 1990(2)SCALE1014; (1991)1SCC662; [1990]Supp3SCR108; (1991)1UPLBEC710
..... of ex-service officers and 22.2% marks in cases of general candidates, had been allocated for the viva voce test in force for almost 50 years and everyone had acted on the basis of these rules. it was considered that if the prescription contained in the rules was to be set aside, it would upset a large number of appointments ..... which 33.3% marks in case of ex-service officers and 22.2% marks in case of other candidates, have been in force for almost 50 years and everyone has acted on the basis of these rules. if selections made in accordance with the prescription contained in these rules are now to be set aside, it will upset a large number .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-21-1990
Reported in : AIR1991SC435; JT1990(4)SC114; 1990(2)SCALE671; 1991Supp(1)SCC167; [1990]Supp2SCR14; 1991(1)LC60(SC)
..... xx xx xxunder sub-rule (4), notwithstanding anything contained in rule 92, the settlement commissioner may, of his own motion, set aside any sale under this chapter if he is satisfied that any material irregularity or fraud which was resulted in a substantial injury to any person has been committed in the conduct of the sale ..... and subjective interests.22. in the instant case the financial commissioner is a party. what we find in the instant case is that the rehabilitation authorities acting under the act and the rules decided the competing claims of the appellant as well as the second respondent as to the land. if the rehabilitation authorities can provide an ..... privy council in secretary of state v. mask and co. , if the provisions of the statute have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure, the civil courts have jurisdiction to examine those cases. this rule was reiterated by the supreme court in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-1990
Reported in : AIR1990SC1023; I(1990)BC400(SC); (1990)92BOMLR332; [1990]69CompCas1(SC); JT1990(1)SC517; 1990(1)SCALE305; (1990)3SCC634; [1990]1SCR491; 1990(2)LC174(SC)
..... are entitled to participate in meeting requisitioned under section 73id. sub-section (9) of section 27 reads as under:no nominee of the government or of any financing bank on any society shall be entitled to vote at any election of its committee.19. it clearly and unequivocally debars nominees of financial institutions or government ..... common law right. it is a special right created by statute and can only be exercised on the conditions laid down by the statute. the fundamental rights chapter has no bearing on a right like this created by statute. the appellants have no fundamental right to be elected members of parliament. if they want that ..... more than 1/3rd of the total members of the committee in accordance with the provision of clause (2) of section 73id of the maharashtra cooperative societies act 1960 (maharashtra act no. xxiv of 1961). the above requisition was received in the office of the joint director of sugar and joint registrar, cooperative societies, maharashtra state, pune .....
Tag this Judgment!