Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... to the necessity of a wide amending power that "the earth belongs in usufruct to the living; the dead have neither powers nor rights over it." "if one generation could hind another, the dead and not the living would rule. since conditions change and men change, there must be opportunity for corresponding change in political institutions, and also for a renewal ..... cochin and ors. v. the bombay co. ltd. accordingly i do not rely on them as aids to construction. but i propose to refer to them, as shri a.k. sen relied heavily on the speeches of dr. b.r. ambedkar. according to him, the speeches of dr. ambedkar show that he did not regard the fundamental rights as amendable. this ..... . bombay co. ltd. [1952] s.c.r. 1112. accordingly i do not rely on them as aids to construction. but i propose to refer to them, as shri a.k. sen relied heavily on the speeches of dr. b.r. ambedkar. according to him, the speeches of dr. ambedkar show that he did not regard the fundamental rights as amendable. this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... leave petition of harbans singh on 16th october, 1978. harbans singh applied for review of this decision, but the review petition was dismissed by sarkaria, j. and a.p. sen, j. on 9th may 1980. it appears that though the registry of this court had mentioned in its office report that kashmira singh's death sentence was already commuted, that ..... majority consisting of krishna iyer, j. and desai, j. took the view that the death sentence imposed on dalbir singh should be commuted to life imprisonment while a.p. sen, j. struck to the original view taken by him in rajendra prasad's case and was inclined to confirm the death sentence. it will thus be seen that the exercise ..... 1979. in this case, the death sentence imposed on rajendra prasad was commuted to life imprisonment by a majority consisting of krishna iyer, j. and desai, j. a.p. sen, j. dissented and was of the view that the death sentence should be confirmed. similarly in one of the cases before us, namely, bachan singh v. state of punjab .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... leave petition of harbans singh on 16th october, 1978. harbans singh applied for review of this decision, but the review petition was dismissed by sarkaria, j. and a.p. sen, j. on 9th may 1980. it appears that though the registry of this court had mentioned in its office report that kashmira singh's death sentence was already commuted, ..... majority consisting of krishna iyer, j. and desai, j. took the view that the death sentence imposed on dalbir singh should be commuted to life imprisonment while a.p. sen, j. struck to the original view taken by him in rajendra prasad's case and was inclined to confirm the death sentence. it will thus be seen that the exercise ..... 1979. in this case, the death sentence imposed on rajendra prasad was commuted to life imprisonment by a majority consisting of krishna iyer, j. and desai, j. a.p. sen, j. dissented and was of the view that the death sentence should be confirmed. similarly in one of the cases before us, namely, bachan singh v. state of punjab : .....
Tag this Judgment!Court : Mumbai
Reported in : (1982)84BOMLR608
P.B. Sawant, J.1. This is a group of petitions seeking to challenge the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (hereinafter referred to as a said Act) and the Scheme viz. the Private Security Guards, (Regulation of Employment & Welfare) Scheme, 1981, deemed to have been prepared by the State Government in exercise of the powers conferred under Sub-section (1) of Section 4 of the said Act. The petitions are filed both by the agencies or agents who hitherto carried on the business of supplying security guards to various employers and also by the employers who engage the security guards on contract basis through such agencies or agents. Petitions Nos. 1204 of 1981, 136(1 of 1981, 1393 of 1981, 1692 of 1981, 1882 of 1981, 75 of 1982, 89 of 1982 and 195 of 1982 are filed by the agencies and Petitions Nos. 420 of 1982, 422 of 1982, 1205 of 1981, 1386 of 1981, 1408 of 1981, 1499 of 1981, 1884 of 1981 and 816 of 1982 are filed by the employers. Som...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC75; [1983]53CompCas184(SC); (1983)1CompLJ1(SC); (1983)ILLJ45SC; (1983)IIMLJ1(SC); 1982(2)SCALE1144; (1983)1SCC228; [1983]1SCR922
..... observe that mr. ramamurthi, learned counsel appearing for one of the trade unions, has placed very strong reliance on the following observations of this court in the case of hind overseas private limited v. raghunath prasad jhunjhunwala and ors. : [1976]2scr226 :although the indian companies act is modelled on the english companies act, the indian law is ..... have been set out in the judgment of my learned brother bhagwati j. and also in the judgment of my learned brother venkataramiah, j. the arguments advanced(amarendra nath sen, j.) from the bar have been considered by both of them. it does not, therefore, become necessary for me to reproduce them in this judgment.69. whether ..... -up proceeding has to be spelt out from the preamble and articles 38 and 43-a of the constitution and from the general principles of natural justice.amarendra nath sen, j.67. i have read the judgment of my learned brother bhagwati, j. and also the judgment of my learned brother venkataramiah, j. i cannot persuade .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
Mohan, J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank of India. 2. We would first note the facts leading to Writ Appeals Nos. 561 and 562 of 1983. They arise out of Writ Petitions Nos. 2013 and 2014 of 1979. Writ Petition No. 2013 of 1979 is for a mandamus to direct the first respondent to dispense of the preliminary objection raised by the Management of the Bank of India, Regional Office, Southern Region, represented by the Assistant General Manger, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1875, of the file of the Second Additional Commissioner for Workmen's Compensation, Madras, in the appeal preferred by the employee, C. V. Raman, under section 41 of the Act. 3. Writ Petition No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for pr...
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ439
ORDERMohan, J.1. An important question arising in this batch of cases is, whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act) is applicable to the Nationalised Banks and to the State Bank of Indian.2. We would first note the facts; relating to W.A. Nos. 561 and 562 of 1983. They arise out of W.P. Nos. 2013 and 2014 of 1979. W.P. No. 2013 of 1979 is for mandamus to direct the first respondent to dispose of the preliminary objection raised by the Management of Bank of India, Regional Office, Southern Region, represented by the Assistant General Manager, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1975 on the file of the Additional Commissioner for Workmen's Compensation, II, Madras, in the appeal preferred by the employee, C.V. Raman under Section 41 of the Act. W.P. No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for disposal T.S.E. Case No. 49 of 1975.3. The emp...
Tag this Judgment!Court : Delhi
Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del
H.L. Anand, J. 1. This petition article 226 of the Constitution by a former general manager of the U.K. branches of a nationalised bank, concurrently in-charge of its European operations, assails the purported termination of his service by the Bank on the ground of 'loss of confidence' in him, as a sequel to and as part of a shake up in the higher echelons of the Bank in the wake of the largest bankruptcy of an Asian business house in the U. K., and failure of certain other accounts, allegedly exposing the Bank to the risk of loss of millions of pounds, and raises some interesting, as indeed, difficult questions of law, in relation to service in public sector, as indeed, interaction between the principles of industrial jurisprudence and administrative law following recent constitutional developments in the treatment of public sector undertaking as instrumentalities of the State under article 12 of the Constitution. Some of the questions that the petition raises are perhaps not appropri...
Tag this Judgment!Court : Patna
B.C. Basak, C.J. 1. These series of Miscellaneous Appeals involve a common question of law relating to the interpretation of some of the provisions of Motor Vehicles Act, 1939 (hereinafter referred to as 'the 1939 Act'), the Motor Vehicles Act, 1988 (hereinafter referred to as 'the 1988 Act) and Section 6 of the General Clauses Act, 1897 (hereinafter referred to as 'the 1897 Act'). 2. The relevant provisions of the 1939 Act relating to appeals are as follows : Section 110D. 'Appeals -- (1) Subject to the provisions of Sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court. Provided that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in appeal is...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... . vegetation regenerates in the abandoned area and after a lapse of 8 to 10 years the area is against cleared and burnt and, this, shifting cultivation is carried on. this cycle repeatedly goes on. due to pressure on land this shifting cultivation has now been abandoned and the tribes are settling to cultivate crops in fixed holdings. 17 plight of the .....
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