Court : Gujarat
Reported in : (1973)14GLR826
P.N. Bhagwati, C.J.1. These petitions represent one more round in an almost unending litigation which seems to be going on between owners of mills and factories on the one hand and the Municipal Corporation of the City of Ahmedabad (hereinafter referred to as the Corporation) on the other since the last several years. The Corporation has been worsted in every round and every time it has tried to make good the legal infirmities in its claim by amendatory legislation but the attempt has been unsuccessful and the Courts have almost consistently struck it down. The question in these petitions is whether one more attempt made by the Corporation to resuscitate its position by Ordinance No. 6 of 1969 and Act No. 5 of 1970 is destined to be successful.2. Though the main questions which arise for consideration In these petitions are identical, it is possible to divide the petitions broadly Into two groups, one group consisting of petitions relating to the official year 1969-70 and the other gro...
Tag this Judgment!Court : Delhi
Reported in : 1986(11)DRJ64
B.N. Kirpal, J.(1) The challenge in this writ petition is to the rate of terminal tax which can be imposed on sodium chloride which is imported by the petitioner for the manufacture of caustic soda.(2) There is little dispute on facts in the present case. It is a admitted case of the parties that the terminal tax is livable under Section 178 of the Delhi Municipal Corporation Act, 1957 on the rates prescribed from time to time. The petitioner has been importing sodium chloride. Previously it was being termed by the petitioner as common salt. Subsequently the petitioner has been terming this material as salt for industrial purposes. According to learned counsel for the petitioner the reference limeade that the import is for industrial purposes in order to get higher priority for railway booking.(3) In the 10th schedule to the Municipal Corporation Act rates of terminal tax on different classes of goods is specified. In Class Iii, Item No. 9 reads as follows : - Class III-ARTICLES Used F...
Tag this Judgment!Court : Chennai
Reported in : (2006)IILLJ258Mad; (2006)1MLJ295
P. Sathasivam,J.1. Since the issue raised in the Writ Appeals and the Writ Petitions relates to employment/re-employment of persons retrenched in the Transport Corporations, these matters are being disposed of by the following common judgement.Writ Appeals:- 2. The Writ Appeals are filed by the appellants against Order of K.P. Sivasubramaniam, J., in Writ Petition Nos. 11785 of 2003 etc., batch dated 13-05-2003.3. According to the appellants, the respondent-Transport Corporation recruited about 75 Drivers through Employment Exchange during March, 2001. Those drivers underwent the selection process and got selected. On selection, they were sent for training at Chithode Training School. On completion of training, they were issued orders dated 18-04-2001 appointing them on consolidated wages for two years describing them as trainee drivers and posting them in various depots. They discharged the duties of regular drivers as they were sent on line duty and they were relievers to regular dri...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1999)IILLJ21MP
ORDERDubey, J.1. This is an appeal under Clause 10 of the Letters Patent aggrieved of the order dated September 19, 1996 passed in W.P. No. 3330 of 1996 by the learned Single Judge of this Court.2. Facts giving rise to this appeal are thus:The appellant who holds a Diploma in Civil Engineering and had only year's experience of working in the Public Works Department, State of M.P. was appointed by the respondent as Sub-Engineer on daily wages for a period of one month on its work charge establishment to work under Executive Engineer (Scheme) vide order dated November 2, 1995. After expiry of one month the employment of the appellant was continued without any break for the various schemes undertaken by the respondent for due performance of its functions. As post of the Sub-Engineer was lying vacant appellant applied on May 11, 1996 for regularisation of his service, on which no action was taken. Surprisingly on June 27, 1996 when the appellant reported for duty, he was not permitted to j...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1033; [1992]75CompCas12(SC); 1991CriLJ1391; JT1992(1)SC405; 1992(1)SCALE216; (1992)2SCC343; [1992]1SCR406
N.M. Kasliwal, J.1. Special Leave granted in all the petitions.2. This litigation is an upshot of the earlier case Reserve Bank of India v. Peerless General Finance and Investment Company Ltd. and Ors. : [1987]2SCR1 decided on January 22, 1987. In 1978 the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (in short 'the Banning Act, was enacted 'to ban the promotion or conduct of prize chits or money circulation schemes and for matters connected therewith or incidental 'hereto.' The question which arose in the above case was whether the Endowment Scheme piloted by the Peerless General Finance and Investment Company Ltd, (hereinafter in short 'the Peerless') fell within the definition of 'Prize Chits' within' the meaning of Section 2(e) of the above Banning Act. By a letter dated July 23, 1979, the Reserve Bank of India pointed out to the Peerless that the schemes conducted by it were covered by the provisions of the Banning Act which had come into force w.e.f. December 12, 1...
Tag this Judgment!Court : Chennai
Reported in : (1984)2MLJ71
ORDERS. Mohan, J.1. These three writ petitions can be dealt with under a common judgment. The facts in these writ petitions are as follows:2. During the Fifth World Tamil Conference held at Madurai in January, 1981, the participants including the foreign delegates expressed the need for the establishment of a Tamil University in order to fulfil the long-felt aspirations of the Tamil enthusiasts and the people of Tamil Nadu. Tamil being one of the ancient classical languages, has contributed to the enrichment of civilisation in India in the fields such as art, culture, medicine and philosophy, to mention a few. Notwithstanding all these, there had been no separate University for Tamil. The Tamil language has its impact not only on the people of India, but has a deep impact on people in foreign countries, particularly, the research scholars. The establishment of a Tamil University would help research in Tamil language, linguistics, art and culture by Tamil scholars.3. It was with this ob...
Tag this Judgment!Court : Kerala
Reported in : [1973]91ITR289(Ker)
Subramonian Poti, J.1. This is a reference to this court under Section 256(1) of the Income-tax Act, 1961, arid the question referred to us is :' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is legally correct in holding that the activity carried on by the assessee in preparing articles of food from raw materials, constitutes ' manufacture or processing of goods ' within the meaning of section2(6)(d) of the Finance Act, 1968, and that the assessee is an ' Industrial company ' within the meaning of the definition contained in that section '2. The assessee is a private limited company running a hotel business. In connection with the assessment of the company for the year 1968-69, the assessee claimed to be an ' industrial company ' as the term is denned in the Finance Act, 1968. The claim to be assessed at the rate of tax applicable to an industrial company, namely, at 55 per cent, of the net income, was not accepted by the Income-tax Officer. Before...
Tag this Judgment!Court : Andhra Pradesh
Common Order 1. In this batch of cases, the petitioners have questioned the validity of the orders passed by the Government in G.O.Ms.No.181, Home (General-Administration) Department, dated 11.07.2011. By the aforesaid order, the 1st respondent-Government, in exercise of powers under A.P. Cinemas (Regulation) Act of 1955 (Act 4 of 1955), has fixed the rates of admission in cinema theatres. In view of the common questions of law which arise for consideration on similar set of facts, all these writ petitions are heard together and are being disposed of by this common order. For the purpose of disposal, I refer to the facts as arise in W.P.No.20656 of 2011. 2. The petitioner is a partnership Firm engaged in running a cinema theatre in Khammam town in the name of “Thirumala Theatre”. The trade in cinema theatres is regulated by the provisions under the A.P. Cinemas (Regulation) Act of 1955 (Act 4 of 1955) and the Rules made thereunder, viz., the A.P. Cinemas (Regulation) Rules,...
Tag this Judgment!Court : Andhra Pradesh
HON'BLE SRI JUSTICE R. SUBHASH REDDY W.P.Nos.20656 of 2012 and Batch 25.09.2012 Thirumala Theatre, Khammam, rep. by its Partner & others. Government of A.P., rep. by its Principal Secretary, Home Department & others. For the petitioners: Sri S.Niranjan Reddy, Advocate. For Respondents: Sri N.Sridhar Reddy, Spl. Govt. Pleader. : ?CITATIONS:1. AIR 198.AP 7.2. 1970 (2) SCC 74.3. AIR 196.SC 108.4. 1999 (5) ALD 69.5. (1999) 3 SCC 42.6. (1991) 2 SCC 4.7. AIR 196.SC 55.(1) 8. AIR 199.SC 151.9. AIR 198.SC 52.10. (2011) 12 SCC 1.11. (2009) 12 SCC 32.12. (2011) 6 SCC 71.C/15 (WRIT PETITION Nos.20656, 20658 & 20661 of 2011 and 3785 of 2012) COMMON ORDER : In this batch of cases, the petitioners have questioned the validity of the orders passed by the Government in G.O.Ms.No.181, Home (General- Administration) Department, dated 11.07.2011. By the aforesaid order, the 1st respondent-Government, in exercise of powers under A.P. Cinemas (Regulation) Act of 1955 (Act 4 of 1955), has fixed ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR3772; 2001(3)KarLJ123
ORDERG.C. Bharuka, J.1. The petitioner is an unregistered association claimed to have been formed for taking steps to solve the grievances of citizens of Bangalore and for safeguarding their civil rights.2. The present writ petition has been filed by the Association as a Public Interest Litigation, questioning the implementation of Property Tax Self-Assessment Scheme (in short, 'the Scheme'), framed and published by the respondent-Bangalore Mahanagara Palike through its Commissioner. The ground raised for impugning the Scheme is that it isviolative of Article 265 read with Article 14 of the Constitution of India since formation of such a Scheme is not permitted under the provisions of the Karnataka Municipal Corporations Act, 1976 (in short, 'the Act') and even if found to be so permissible, it is still void because it is tainted with hostile discriminations,3. The Scheme had been framed and enforced by the respondent-Commissioner pursuant to the Mahanagara Palike Council Resolution No...
Tag this Judgment!