Court : Mumbai
Reported in : AIR1974Bom203; 1974MhLJ51
..... sale is upon an offer to purchase under the statute.10. both the sides took me through the several provisions of the tenancy act of 1958 to substantiate respective submissions.11. both in central provinces as well in berar, the tree had been a cherished object of fruitful litigation as well of legislative measures. its life at ..... e. the trees standing in such holding.8. i was taken through the earlier enactments both available and applicable to the lands in berar and also the then central provinces. similarly, the effect of madhya pradesh land revenue code and thereafter the maharashtra land revenue code was also pressed in aid. for the petitioners it is contended ..... reference to the provisions of section 8 of the said act it was observed that the section itself is subject to the exception to the general rule if a different intention is express or is necessarily implied. referring to the or is necessarily implied. referring to the privy council decision in narayan das v. jatindra nath , the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP199; 2005(2)ALD320
..... to the private law filed.'reliance was also placed onn.t.p.c. ltd. v. bhanu construction co., p. ltd., hyderabad, : air1989ap140 .g.b. mahajan v. jalgaon municipal council, : air1991sc1153 b.d.a. v. ajai pal singh, : [1989]1scr743 34. in tamil nadu electricity board and anr. v. raju reddiar and anr., 1996 (4) ald ( ..... peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply [in the case of a notification by the central government, within the territories to which this act extends, or, in case of a notification by the state government within the state] [xxx] as if such diseases had been declared by ..... this case, failed to inform the accident to the commissioner for workmen's compensation, kurnool. being the principal employer, the deputy chief engineer/gauge conversion/ south central railway/guntakal reported the accident to the commissioner for workmen's compensation, kurnool vide this office letter no. gtl/gc/misc. dated 16-8-1996. further, a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2006P& H107; I(2006)BC1; (2006)142PLR1; [2006]70SCL177(Punj& Har)
..... one or more tribunals, to be known as the debts recovery tribunal, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act.(2) the central government shall also specify, in the notification referred to in sub-section (1), the areas within which the tribunal may exercise jurisdiction for entertaining and deciding the ..... of the amount of debt of more than rs.1 lac and less than rs.10 lacs in terms of section 1(4) of the rdb act, if notified by the central government. since there is no notification constituting the tribunal in respect of recovery of debts less than rs.10 lacs, the debts recovery tribunal constituted under ..... and anr. v. union of india and ors. (2005-1) 139 punjab law reporter, 350, but after the amendment in section 17(1) of the act, the order issued by the central government has become redundant. the amended provisions stipulate filing of an application along with such fee, as may be prescribed, to the debts recovery tribunal. it .....
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT181
..... the same case whether they stated that the courts can certainly examine whether decision making process was reasonable, rational and not arbitratory. the house of lords in council of civil service unions and ors. v. minister for the civil service, (1984) 3 all er 935 held : administrative action is subject to control by ..... judgment reported in d.s. nakara and ors. v. union of india, : (1983)illj104sc reads as under : primary contention is that the pensioners of the central government form a class for purpose of pensionary benefits and there could not be mini-classification within the class designated as pensioners. the expression 'pensioner' is generally ..... .) where the defense personnel could be represented by lawyers. (d) central government should look into the functioning of military secretary branch, army headquarters. (e) army personnel are allowed to have personal interview of the chief of army staff under the provisions of army act section 3(iv) read with regulations for army 4(b). (f .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker373; III(2003)BC454; [2003]117CompCas227(Ker); 2003(3)CTC111; 2003(2)KLT973; [2003]47SCL344(Ker)
..... a full meaning and content, have to be assumed to exist. the rule in this behalf ,was clearly enunciated in east end dwellings co. ltd. v. finsbury borough council, 1952 a.c. 109. lord asquith had observed as follows:'if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited ..... of the tribunal. he shall hold office for a term of five years or until he attains the age of 60 years, whichever is earlier. similarly, the central government can establish one or more appellate tribunals and specify the areas of their jurisdiction.8. under section 17, the tribunal is empowered and authorized 'to entertain and ..... provides for the transfer of the pending cases to the tribunals and the overriding effect of the act. section 36 confers power on the central government to make rules,7. a perusal of the provisions of the act shows that the central government has been empowered to establish the tribunals for the expeditious adjudication and recovery of debts due .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981(8)ELT772(Raj)
..... suit.17. in union of india v. elgin mills co., 1979 tax law reports. 2508-1979 e.l.t. (j 640). it was held that the central excise and salts act has made adequate provisions for the adjudication of disputes and the provisions made thereunder have been made final. therefore, the civil court's jurisdiction in adjudicating disputes under ..... to tax.'30. in chhatturam and ors. v. commissioner of income-tax, a.i.r. 1947 f.c. 22. their lordships of the privy council, while dealing with the provisions of the income tax act (1922) observed as follows :-'the jurisdiction to assess and the liability to pay the tax, however, are not conditional on the validity of notice.... ..... defendant refused to pay the case demanded. in public prosecutor, madras v. r. raju (supra), the contention that sub-section (2) of section 40 of the central excises and salt act, 1944, [which is similar to section 29(2) of the ordinance] is confined in its operation only to government servants was repelled and it was held that the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom348; (1973)75BOMLR503; 1974MhLJ356
..... the earl of halsbury i. c. in pasmore v. oswaldtwistle, 1898 ac 387; urban district council. but this general rule is subject to exceptions. it may be that, though a specific remedy is provided by the act, yet the person injured has a persona right of action in addition. i cannot state that proposition ..... market in such area under section 5. section 5 confers powers on the state government to establish market committee for every market area. section 5a of the act empowers the market committee to issue licence in accordance with the rules to traders, commission agents, brokers, weighmen, measurers, surveyors, warehousemen and other persons to ..... air1957bom34 . the facts of that case are, however, distinguishable. that was a case where the municipality had filed a criminal complaint against the bombay municipal boroughs act, 1925, for unauthorised construction of a building in the municipal area. during the pendency of this complaint, the municipality filed a suit against the respondent under .....
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
..... in force grant the permission prayed for.43. the provisions of chapters iii-aa and iii-ab of the industrial (development and regulation) act, 1951 confer on the central government powers regarding management or control of industrial undertakings owned by companies in liquidation and power to provide relief to certain industrial undertakings including those ..... into by the company with third parties before the presentation of the application, all its existing commitments vis-a-vis its staff and labourers, electric charges, central excise duty, lic premium, payments due to employees cooperative stores, telephone bills and sales-tax dues, availing the existing bank facilities with any of its bankers ..... also making significant progress of its own as and when necessary. where the words used in both the acts are identical, the english decisions may throw good light and reasons may be persuasive. but as the privy council observed long ago in ramanandi kuer v. kalawati kuer [1928] p.c. 2.84. it has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC772; 1985(33)BLJR340; [1985(51)FLR68]; 1985LabIC590; (1985)IILLJ184SC; 1985(1)SCALE391; (1985)2SCC358; [1985]3SCR163; 1985(2)SLJ454(SC)
..... total sum of rs. 1,607.99 which was entrusted to the appellant as a cash clerk, he deposited rs. 1,107.99 only in the central cash section of the delhi milk scheme. undoubtedly, he was guilty of criminal breach of trust and the learned magistrate had no option but to convict ..... there are statutes which provide that persons who are convicted for certain offences shall incur certain disqualifications. for example, chapter iii of the representation of the people act, 1951, entitled 'disqualifications for membership of parliament and state legislatures' and chapter iv entitled 'disqualifications for voting' contain provisions which disqualify persons convicted of certain ..... april, 13, 1971. the learned judge accepted the contention of the appellant that, by reason of provision contained in section 12 of the probation of offenders act, he could not be dismissed from service without affording him a reasonable opportunity of being heard, as required by article 311(2) of the constitution. the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2301; 1972(0)KLT377(SC); (1972)2SCC218; [1973]1SCR356
..... the need for replacement to increase foreign exchange earnings of the country, the committee recommends that the following measures should be taken by government :-(i) the central government should take steps to convene a conference of all representatives of tea producing state governments to frame a well considered policy in regard to land required ..... was strongly relied on but this cannot impinge upon and take away the legislative power of the state in respect of list ii entry 18.36. the privy council in canadian pacific railway company v. v. attorney general [1950] a.c. 122, dealing with a similar matter observed :but their lordships can find neither ..... of hours of work was ordinarily a matter of 'property and civil rights in the province' under head 13 of section 92 of the british north america act, 1867, and accordingly within the legislative competence of the provincial legislature, contended, interalia, that the company's activities had become such an extensive and important element .....
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