Court : Supreme Court of India
Reported in : AIR1985SC670; [1985(50)FLR442]; (1985)IILLJ4SC; 1985(1)SCALE344; (1985)2SCC136; [1985]2SCR1065; 1985(17)LC775(SC)
D.A. Desai, J.1. Vacillation on the part of a public sector undertaking has pushed this trivial dispute to the Apex Court adding to the anxiety and misery on the part of lowest grade workmen and wasteful expenditure on futile litigation.2. Food Corporation of India ('Corporation' for short) was set up under an Act of Parliament being the Food Corporations Act, 1964 ('Act' for short) to provide, amongst other, for the establishment of Food Corporations for the purpose of trading in foodgrains and other foodstuffs and for matters connected therewith and incidental thereto. For performance of the functions statutorily prescribed under Section 13 of the Act namely, to undertake the purchase, storage, movement, transport, distribution and sale of foodgrains and other foodstuffs, the Corporation has to set up godowns/depots and other storage facilities and to engage labour for handling foodgrains at the godowns or in transit. The Corporation adopted different methods at different places for ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1991)39ITD269(Delhi)
1. This appeal by the assessee for assessment year 1982-83 is directed against the order dated 18-4-1988, passed by CIT (Appeals)-XI, New Delhi and challenges the confirmation of penalty of Rs. 3,13,340, levied under Section 271(1)(a) of the Income-tax Act, 1961.2. Brief facts of the case are that the assessee was obliged to file its return of income on or before 30-6-1982. The return was, however, filed on 17-5-1983 and was late by 10 completed months. The Assessing Officer initiated penalty proceedings for late submission of return, and after hearing the assessee, imposed a penalty of Rs. 3,13,340. This penalty was confirmed in appeal.3. Before us, Shri Pradeep Dinodia, the Learned Counsel for the assessee made twofold submissions. The first submission was that the assessee was prevented by reasonable cause for not filing the return in time inasmuch as because of financial stringency the advance tax and self-assessment tax could not be paid and consequently the assessee could not at...
Tag this Judgment!Court : Jharkhand
Reported in : [2002(93)FLR1019]
V.K. Gupta, C.J.1. By this common judgment we propose to dispose of both the L.P.As. together.2. Vide judgment dated 16th March, 2001, passed in Civil Appeal No. 2100 of 2001 arising out of Special Leave Petition (C) No. 11892 of 2000, their Lordships of the Supreme Court by setting aside the Division Bench judgments of Patna High Court in two Writ Petitions being CWJC No. 3253 of 1999(R) and CWJC No. 3254 of 1999(R) remitted to the Division Bench of this Court the aforesaid two Appeals for fresh disposal in accordance with law. Both the Writ applications related to two References made by the State Government under Industrial Disputes Act, 1947 (Act for short). The appellant-Management of BASF India Ltd. had challenged the legality, validity and correctness of these two References in the aforesaid two writ applications which came to be dismissed by a learned Single Judge of Patna High Court. Appeals under Clause 10 of the Letters Patent having been filed by the appellant also meeting t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALT275
ORDERS.B. Sinha, C.J.1. A question as to whether inter alia any constructions should be allowed to be raised in and around Hussain Sagar is involved in this application.The lake in question is one of the oldest fresh water lakes situated within the twin cities of Hyderabad and Secunderabad, built sometime in 1562. It was fed by Bulkapur canal which was a tributary of Musi river which is about 32 miles away from Hyderabad. It is not in dispute that supply of potable water to the people living in the residential area now called Secunderabad was the prime purpose for which it was originally built. Two rest houses built onthe banks of Hussain Sagar were converted into Hyderabad and Secunderabad Sailing Club. The water of the lake was not only being used for maintenance of public gardens, Sanjeevayya Gardens, but also for Railways and industry. Industrial pollution found its way in the lake in 1964. Although the lake is now said to be free from industrial pollution, it still suffers from ba...
Tag this Judgment!Court : Delhi
Reported in : 84(2000)DLT718
K. Ramamoorthy, J.1. The writ petitioner has prayed for the following reliefs:'In view of the facts mentioned and submissions herein above, it is respectfully prayed that the Honble Court may be pleased: (a) to issue an appropriate writ or order holding the initiation of disciplinary action against the petitioner vide Memorandum No. 1(2)/97-PE. XII dated 24.11.1997 as illegal, arbitrary, unfair and discriminatory;(b) to issue writ of certiorari or any other appropriate order quashing/ setting aside Mamorandum No. 1(2)/97-PE. XII dated 24.11.1997 Along with its annexures and Order No. 1(2)/97-PE. XII dated 17.7.1998;(c) to issue writ of prohibition or any other appropriate order restraining respondent No. 1 from initiating any further action or proceedings against the petitioner on the basis of Memorandum dated 24.11.1997 and restraining respondent No. 2 from taking any action pursuant to Order No. 1(2)/97-PE.XII dated 17.7.1998 passed by respondent No. 1;(d) to call for the records rel...
Tag this Judgment!Court : Andhra Pradesh
THE HONBLE Sr.JUSTICE RAMESH RANGANATHAN AND THE HONBLE Sr.JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION Nos.27335 of 2012 and batch 30-10-2014 M/s.Sr.Bhargavi Agro Tech, Gayathri House, 5-1-53, Adivipolam, Yanam 533 464. Union Territory of Pondicherry India, rep., by its Managing Partner M. Durga Prasad Chowdary..Petitioner Assistant Commissioner (CT).Kakinada, East Godavari and another. Respondents Counsel for the petitioneRs.Sr.S.R.Ashok, Learned Senior Counsel for Sr.Vivek Chandra Sekhar S; Dr.S.R.R.Viswanath, and Sr.V.Bhaskar Reddy, Learned Counsel. Counsel for respondents: Sr.P. Balaji Varma, Learned Special Standing Counsel for Commercial Taxes; Sr.D.Srinivas, Learned Standing Counsel for FCI, HEAD NOTE: ?.Citations: 1) (2006) 42 APSTJ522) (2004) 7 SCC1663) (2007) 6 SCC1204) (1988) 68 STC187(AP) 5) (1961) 1 SCR8096) AIR1955SC6617) AIR1953SC2528) [1954].S.C.R.1117 9) AIR1958SC45210) AIR1955SC76511) (2002) 5 SCC20312) AIR1986SC214613) 1962 Supp (3) SCR114) AIR1963SC90615) AIR1963SC...
Tag this Judgment!Court : Jharkhand
1 INTHEHIGHCOURTOFJHARKHANDATRANCHI W.P.(C)No.4450of2014 InstituteofContinuingEducation,Research&Training,472Pepee Compound,POGPO,PSHindpiri,Distt.Ranchithroughits SecretaryandChiefExecutiveOfficer,Dr.DevendraSinghS/oLate JogendraSingh ..... Petitioner Versus 1.TheStateofJharkhand 2.PrincipalSecretary,WelfareDepartment,Govt.ofJharkhand,2nd FloorProjectBhawan,PO&PSDhurwa,Distt.Ranchi 3.DeputySecretary,WelfareDepartment,Govt.ofJharkhand,2nd FloorProjectBhawan,PO&PSDhurwa,Distt.Ranchi 4.TribalWelfareCommissioner,Govt.ofJharkhand,2ndFloor ProjectBhawan,PO&PSDhurwa,Distt.Ranchi 5.SpecialSecretary,WelfareDepartment,Govt.ofJharkhand,2nd FloorProjectBhawan,PO&PSDhurwa,Distt.Ranchi 6.JharkhandStateTribalCooperativeDevelopmentCorporation LimitedthroughitsManagingDirector,BaliharRoad,MorabadiPO RanchiUniversity,PSBariatu,Distt.Ranchi . Respondents With W.P.(C)No.4526of2014 ResearchInstituteforCivilHealthIntegration,KutcheryRoad, RanchithroughitsChairmanDr.OmPrakashMahansaria S/oM.R. Mahans...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALD562; 2004(1)ALT195; 2004(1)ARBLR319(AP)
P.S. Narayana, J. 1. The petitioner, Chairman of the Board of Trustees of the Port of Visakhapatnam Port Trust, Visakhapatnam, had filed the present O.P. under Section 30 of the Arbitration Act, 1940, hereinafter referred to as 'Act' in short, praying for the relief to set aside the award dated 28-2-1991 made by Sri Gurucharan Singh, Umpire, 12, Palam Marg, Vasant Vihar, New Delhi 110057, shown as 1st respondent in the O.P., relating to the work of construction of land based works at Lova Gardens which is C-2 works and marine works and break water construction, which is C-3 works. The Contractor M/s. Continental Constructions Limited, Continental House, 28, Place, New Delhi 110018, is shown as 2nd respondent in the O.P.2. The O.P. was filed in the matter of C.M.A. No.162/80 and C.M.A. No. 1189/82, The petitioner, no doubt, had raised several grounds in the main O.P. and also in the supplemental statement to the said O.P. on objections filed by M/s. Continental Construction Limited, the...
Tag this Judgment!Court : Delhi
Reported in : AIR1998Delhi95; [1997]89CompCas438(Delhi)
C.M. Nayar J. 1. This judgment will dispose of two writ petitions, C.W.P. No. 3885 of 1996 (Bari Doab Bank, Ltd. v. Union of India) and C.W.P. No. 4046 of 1996 (Punjab Co-operative Bank Ltd. v. Union of India) as they raise common questions of law. 2. The facts of each case may be reproduced as follows : Bari Doab Bank Ltd. v. Union of India. The petitioner-bank was started in the year 1915 and initially had two branches till 1947. One branch was in Lahore and the other one was situated in Hoshiarpur (Punjab). It is further alleged that the bank has always been a profit-making company and even at the time of partition in the year 1947, the bank while closing down its business at Lahore repaid all its depositors whatsoever without any deductions. The bank is situated in a backward underdeveloped area and is a small-scale bank having only one branch. The provisions of section 11(3) of the Banking Regulation Act, 1949 (hereinafter referred to as 'the Act'), are cited in the petition to re...
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
G.M. Lodha J.1. Durante bene placito' ruled the world with waves of 'laissez faire' up to 19th century, Political as well as Industrial revolutions brought new tides of workers emancipation from exploitation resulting in new concepts of 'status', 'security of service', 'releases from bonded labour'. Not to talk of Karl Marx or Lenin, even Abraham Lincoln and Roosvelt pleaded for 'Dignity of Labour', 'Equality', Dueprocess of law, and that resulted in New Deal Legislations, Inspired by Mahatma Gandhi, the Founding fathers of the great Indian constitution brought the dream of 'Ravi' true when preamble of the 'Socialist Republic of India' embodied 'Equality' of status' and 'opportunity'. Justice, 'social, economic and political' targets 'followed' by Directives and fundamental rights of equality in Article 14 and equal opportunity in services in Article 16.2. Articulation of 14 and 16 in 1948 and 43A in 1976, whether gave death blow to 'durante bene placito' is even now a billion dollar q...
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