Judgment Search Results Home > Cases Phrase: handlooms reservation of articles for production act 1985 section 15 power to delegate Sorted by: recent Page 1 of about 71 results (0.111 seconds)

Dr Ashwini Kumar Vs. Union of India Ministry of Home Affairs

Court : Supreme Court of India

..... the state governments/union territories and subsequent deliberation of their comments by the union of india. union of india has pointed out that they have a reservation on article 20 of the un convention. reference is also made to the vienna convention on the law of treaties, 1969, to which india is not a ..... measure or relative merits or demerits of the governmental action. neither does the constitution permit the courts to direct, advise or sermonise others in the spheres reserved for them by the constitution, provided the legislature or the executive do not transgress their constitutional limits or statutory conditions. referring to the phrase all ..... on case to case basis. judiciary while exercising its jurisdiction in this manner is not enacting or legislating but applying the constitution and protecting fundamental rights under article 21 of the constitution.36. this human right aspect was again highlighted in nilabati behera (smt) alias lalita behera (through the supreme court legal aid .....

The Orissa Printers and Binders MahasanghA. Vs. State of Orissa and or ...

Court : Orissa

..... government departments and the agencies under its control to procure all the goods and services only from "epm rate contract holders" or from the list of goods and services reserved for "exclusive purchase" from micro and small enterprises, located within the state of orissa. the printing press and book binding are neither enlisted in "e.p.m. ..... the state via rate contract system, purchase from exclusive list and purchase by open tender with 10% price preference to local mses. k & vi units including coir, handloom and handicrafts vis-a-vis local medium and large industries as well as outside industries. in view of the stand taken in the counter affidavit, that the printing press ..... to supplement fundamental rights in achieving a welfare state. the object of directive principles is to embody the concept of welfare state. in view of the fact that articles 39(a) and 41 require the state to secure to the citizens an adequate means of livelihood and the right to work, it would be sheer pedantry .....

L. Shankaraiah and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : AIR2005AP134; 2005(1)ALD21

..... .o.459 (1) dated 4.8.1986 into 11 items by order s.0.557 (e), dated 26.7.1996 as illegal, and contrary to sections 3 and 4 of handlooms act, 1985 and proviso to rule 3 of handlooms (reservation of articles of production) rules, 1986; (2) further declare that the search and seizure of respondents 3 to 6 at the instance of ..... powerloom/mill sector. there is no blanket ban on the manufacture of textile items reserved under the handloom reservation order. for example, though saree is reserved article only those sarees with specified technical parameters are reserved and sarees other than these technical parameters are open for production by powerloom (the textiles articles left out for production of powerlooms are also mentioned in annexure-vi to the counter .....

L. Shankarayya and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2005(1)ALT368

..... . under the said order, as many as 21 items like saree, dhoti, angavastra etc., are exclusively reserved for production by handlooms.23. the act and handloom reservation order, 1986 were challenged before the supreme court under article 32 of the constitution of india in parvej aktar case (1 supra). it was contended that the act ..... items by order s.o. 557 (e), dated 26-7-1996 as illegal, and contrary to section 3 and 4 of handlooms act, 1985 and proviso to rule 3 of handlooms (reservations of articles of production) rules, 1986; (2) further declare that the search and seizure of respondents 3 to 6 at the instance of ..... no blanket ban on the manufacture of textile items reserved under the handloom reservation order, for example, though saree is reserved article only those sarees with specified technical parameters are reserved and sarees other than these technical parameters are open for production by powerloom (the textiles articles left out for production of powerlooms are also mentioned in .....

Bikash Talukdar Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2004)2CALLT4(HC)

..... judge has upheld the objection of the respondents that the present writ petition is not maintainable as the west bengal state handloom weavers' co-operative society ltd. is not a 'state' within the meaning of article 12 of the constitution. the learned single judge dismissed the writ petition on the ground that the cooperative society is not ..... shares shall be allotted to the co-operative societies.(2) 50% of the value of each share shall be payable on allotment and the remainder shall represent the reserve liability of member which shall become payable in case of winding up of the society.5. by-law 31 deals with the management of the society. the business ..... aforesaid order the present appeal.2. for convenient disposal of this appeal, brief facts may be narrated. the petitioner was an employee of the west bengal state handloom weavers' co-operative society ltd. the petitioner challenged the order dated 1.11.1986 whereby he was dismissed from the service. the aforesaid order was passed after .....

Shree Shree Shree Jagannath Udyog Vs. Chair Person-cum-managing Direct ...

Court : Orissa

Reported in : AIR2003Ori195; 95(2003)CLT799

..... preference of 5% and 2% respectively,' in accordance with the aforesaid policy, a list of store items reserved for exclusive purchase from industries located in the state was prepared and notified by a circular dated 6th of july, 1998 of the government of orissa, industries ..... rate, keeping in view their capacity. local small scale industrial units will enjoy a price preference of 5% as also khadi & village industrial units including handloom and handicrafts over local medium large industries. any local small scale industrial unit having iso 9000 and isi certification for its products will get an additional price ..... discriminatory, unfair or biased, gross abuse of power or violation of principles of natural justice, the same can be questioned on the well-known grounds attracting article 14 but a claim based on mere legitimate expectation without anything more cannot ipso facto give a right to invoke these principles. it can be one of .....

Ashok Kumar Tripathi Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : 2000(2)MPHT193

..... or offices of chairpersons in the panchayats at any level in favour of backward class of citizens.'8. from the above provisions in article 243d what is to be noted is that it permits reservations of seats under clause (1) in favour of scheduled castes and tribes in a panchayat to the extent of number 'which shall bear ..... right but is a legal right and has to be protected on the anvil of fundamental right of equality contained in article 14 of the constitution of india. it is submitted that such excessive reservation of seats for reserved categories in scheduled and non-scheduled areas is neither constitutional nor just nor fair.34. on behalf of the state, ..... advocate general points out that in making reservations as permitted by the constitution by definition of word 'population' in article 243(f) and 243e(g) the 'population figures ascertained on the basis of last preceding census i.e., of the year .....

M.R. Subramanian and ors. Vs. State of Tamil Nadu, Represented by Its ...

Court : Chennai

Reported in : (1997)2MLJ151

..... appointed and there was no such finding. merely on some complaints by legislative dictum non-hereditary trustees have been removed. thus, the legislature has entrenched upon the field reserved for the judiciary.40. in the decision reported in k. ekambaram v. the commissioner h.r. & c.e. administration department (1995) 2 l.w. 213 ..... functions of the judiciary and it amounted to usurpation of judicial power and as such it was unconstitutional and void.38. in the decision reported in thirubhuvanam silk handloom weavers' co-op. production and sales society ltd. v. state of tamil nadu 1992 w.l.r. 210 writ petitions were filed challenging the tamil nadu ..... order by arbitarary exercise of discretionary powers. the legislative action of the state shall be reasonable and must satisfy the test of reasonableness and the requirements of article 14 of the constitution. the wholesale measure like the present one cannot stand the test of reasonableness or non-arbitrariness. it is well settled that courts .....

Rajendra Kumar Gupta and anr. Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : JT1997(2)SC581; (1997)4SCC511; 1997(1)LC676(SC)

..... reservation of articles for exclusive production by handloom industry under the provisions of handlooms (reservation of articles for production) act, 1985 was violative of article 14 of the constitution of india. it was held that reservation of articles under the act does not create any monopoly in favour of handloom industry. it was also observed that handloom ..... industry is the biggest cottage industry in the country and is next only to agricultural sector in providing rural employment. the act of 1985 was enacted for the protection of the interests of the handloom ..... very poor and will have no alternative employment in the rural areas unless protected through reservation of varieties for them. the reservation orders are for the continued employment of the handloom industry and are in the larger public interest. the restrictions are not only reasonable but .....

Dalmia Cement (Bharat) Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825

..... ors. : [1993]1scr803 , a bench of three judges was to consider the reservation of certain articles for exclusive production by the hand-looms whether violative of articles 19 and 14 of the constitution. this court held that there is no question of monopoly created in favour of the handloom industry. certain articles were reserved for the handloom industry to encourage the persons engaged in the manufacture of ..... handlooms on traditional looms engaged since 1950. recently, when the power-loom started manufacturing the items which were traditionally being manufactured by the handlooms that caused a serious inroad into the handloom industry. consequently, the state stepped into the business .....