Judgment Search Results Home > Cases Phrase: immigrants expulsion from assam act 1950 Court: supreme court of india Page 2 of about 198 results (0.201 seconds)

Pushkar Mukherjee and 29 ors. Vs. the State of West Bengal

Court : Supreme Court of India

Reported in : AIR1970SC852; 1970CriLJ852; (1969)1SCC10; [1969]2SCR635

..... security of india, or (ii) the security of the state or the maintenance of public order, or (iii) the maintenance or supplies and a services essential to community, or (b) if satisfied with respect to any person who is a foreigner within the meaning of the foreigners act 1946 (xxxi of 1946), that with a view to regulating his continued presence in india or with a view to making arrangements for his expulsion from india, it is necessary so to do, make an order directing that such persons be detained. ..... the state of west bengal to show cause why a writ of habeas corpus should not be issued under article 32 of the constitution directing their release from detention under orders passed under section 3(2) of the preventive detention act, 1950 (act iv of 1950), hereinafter called the 'act'. 2. ..... you are also informed that under section 10 of the preventive detention act, 1950 (act iv of 1950), the advisory board, shall if you desire to be so heard you in person and that if you desire to be so heard by the advisory board you should intimate such desire in your representation to the state government. (sd.) d. c. ..... and district howrah, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it is necessary so to do; i, therefore, in exercise of the powers conferred by section 3(2) of the preventive detention act, 1950 (act iv of 1950), i make this order directing that the said shri kanta bose @ subhas chandra bose be detained. .....

Harish Uppal Vs. Union of India and anr.

Court : Supreme Court of India

..... all issues as far as possible legal and constitutional methods should be pursued such as representation to authorities, holding demonstrations and mobilising public opinion etc.vii) it is resolved further that in case the bar associations deviate from the above resolutions and proceed on cessation of work inspite or without the decision of the concerned grievances redressal committee except in the case of emergency the bar council of the state will take such action as it ..... above that a consensus emerged at the bar at the hearing of the matter that instead of the court going into the wider question whether or not the members of the legal profession can resort to strike or abstain from appearing in cases in court in which they are engaged, the court may see the working of the interim arrangement and if that is found to be satisfactory it may perhaps not be required to go into the wider ..... he submitted that section 50 of the advocates act, 1950 repealed earlier provisions which had permitted courts to control rights of advocates to ..... refuse to abide by any call for strike or boycott.no lawyer can be visited with any adverse consequences by the association or the council and no threat or coercion of any nature including that of expulsion can be held out. ..... who appears in court or otherwise practices his legal profession, shall be visited with any adverse or penal consequences whatever, by any association of lawyers, and shall not suffer any expulsion or threat of expulsion therefrom. .....

Divisional Manager, Rajasthan S.R.T.C. Vs. Kamruddin

Court : Supreme Court of India

Reported in : AIR2009SC2528; [2009(121)FLR979]; JT2009(8)SC606; (2009)IIILLJ591SC; 2009(8)SCALE182; (2009)7SCC552; 2009AIRSCW5905

..... punishment inflicted on the respondent was disproportionate to the gravity of the misconduct committed by him, stating:therefore, it would not be just and proper to impose the severe punishment of the termination from the service but keeping in view the proved misconduct on the part of the applicant this court could amend the penalty keeping in view the provisions of section 11a of the industrial disputes ..... imposition of appropriate punishment upon a conductor of a bus belonging to a corporation constituted under the road transport corporation act, 1950 came up for consideration before this court in karnataka state road transport corporation v. b.s. ..... the conductor has realized fare, but has not issued tickets, it shall be presumed that the passenger had been undertaking journey from the originating point of the bus to the terminal point and the conductor had realized fare for the journey being undertaken by ..... on behalf of the respondent, on the other hand, would contend that this court should not interfere with the impugned judgment as imposition of the punishment of dismissal from service having regard to the guidelines issued by the corporation itself was wholly disproportionate to the charges of misconduct framed against the respondent. ..... of the following penalties may, for good and sufficient reasons, be imposed on a worker by a competent authority; penalties from (v) to (vii) shall be appealable-(i) censure: three censures in a period of one year will involve withholding of one .....

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... . therefore, on a consideration of the above decisions, it is impossible to hold by reading down the impugned provisions of regulation 9(b) framed under section 53 of the delhi road transport act, 1950 read with delhi road transport (amendment) act, 1971 that the said provision does not confer arbitrary, unguided, unrestricted and uncanalised power without any guidelines on the authority to terminate the services of an employee without conforming to ..... though constitution enjoins and admonishes us saying that it is no longer open to the state to make law or rule violating the rights created under article 14 and 21, the citizen, with a view to secure public employment from us had contracted out of the constitutional rights and agreed to abide by rules including the termination of his/her services at any time at our will without notice or opportunity even for misconduct, negligence, inefficiency, ..... . : (1973)iillj111sc ,it was the case of the expulsion of students from college for two academic sessions pursuant to the order passed ..... by the railway and sudhir kumar das a confirmed clerk, whose services have been terminated under rule 148(3) of the said rules challenged the termination of their services before the assam high court which rejected the same and ultimately it came up to this court on special leave. ..... assam ..... corporation are held by the union of india and the remaining shares are held by the state of west bengal and assam. ..... were held by the states of west bengal and assam. .....

Anand Regional Co-op. Oil Seedsgrowers Union Ltd. Vs. Shaileshkumar Ha ...

Court : Supreme Court of India

Reported in : 2006(3)AWC2959(SC); [2006(111)FLR581]; (2007)2GLR1333; JT2006(7)SC362; (2006)IIILLJ767SC; 2006(7)SCALE603; (2006)6SCC548

..... operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, ..... shri shreedharani in his letter dated 16.9.1993 did not attribute any specific overt act against him.it was further contended that the finding of the labour court that the respondent is a workman being a finding ..... respondent shall also be given the benefit of voluntary retirement scheme from the month in which the other workmen were given the benefit thereof.the impugned judgment is modified to the aforementioned extent. ..... respondent, on the other hand, contended that the jurisdiction of the labour court in terms of the act being plenary in nature, it could interfere with the quantum of punishment awarded against the respondent having ..... in exceeding its jurisdiction under section 11a of the act as having regard to the facts and circumstances of ..... from ..... from ..... also true that the principles of evidence act would not apply to the inquiry proceedings but ..... from ..... was obtained from the management for ..... from service/ employment with effect from ..... or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of ..... 'workman' as contained in section 2(s) of the industrial disputes act, 1947 (for short 'the act'). ..... from ..... from .....

R.C. Poudyal and ors. Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891

..... is violative of the basic features of democracy ?c) whether section 7(1 a) and section 25a of the representation of the people act, 1950 [as inserted by election laws) (extension to sikkim) act, 1976] and representation of the people (amendment) act, 1980 respectively] and section 5a(2) of the representation of the people act, 1951 [as inserted by the representation of the people (amendment) act, 1980] providing for reservation of 12 seats, out of 32 seats in the sikkim, legislative assembly in favour of bhutias-lepchas, are ..... . the said provisions, in my view, are however, severable from the other provisions which have been inserted in the 1950 act and the 1951 act by the 1976 act and the 1980 act and the striking down of the impugned provisions does not stand in the way of giving ..... in 1958 chogyal, by creating a general seat took note of the presence of the immigrants who were neither bhutia-lepchas nor nepalis and were mostly indians. ..... during this period, while it was british protectorate, there was immigration of nepalese on a large scale and as a result, by 1947, sikkimese of nepali origin out-numbered other ..... was intended to prevent the domination of the later nepali immigrants who had, in course of time, outnumbered the original ..... clamour for protection of the original bhutias-lepchas now an ethnic majority from the political voice and expression being sub-merged by the later immigrants from nepal.7. ..... the lepchas, the bhutias and the later immigrants from nepal. .....

Deputy Commissioner of Agricultural Income Tax and Sales Tax, Ernakula ...

Court : Supreme Court of India

Reported in : AIR1985SC1689; (1985)3CompLJ247(SC); 1985(22)ELT331(SC); 1985(2)SCALE483; (1985)4SCC119; [1985]Supp2SCR623; [1985]60STC310(SC); 1986(1)LC391(SC)

..... appeals is whether the sales effected by the respondent-assessee in the three concerned years of goods imported and supplied to customers on the strength of actual users' import licences of the customers were exempt from sales tax under the kerala general sales tax act, 1950 on the ground that these were sales 'in the course of import of the goods into the territory of india' 2. ..... the respondent-assessee was assessed to sales tax under the general sales tax act 1950 on the turnover of sales effected by them in those years of goods imported on the strength of the customers' actual users import licences ..... occasion the import and to occasion the import there must be integral connection or inextricable link between the first sale following the import and the actual import provided by an obligation to import arising from statute, contract or mutual understanding or nature of the transaction which links the sale to import which cannot, without committing a breach of statute or contract or mutual understanding, be sapped.5. ..... arise by reason of statute, contract between the parties, or from mutual understanding or agreement between them, or even from the nature of the transaction which links the sale to export ..... in fact as pointed out earlier, the movement of the goods from the foreign country to india was in pursuance of the requirements flowing from the contract of sale between the respondent-assessee and the local purchaser and as such the sales in question must be held to be in the .....

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

..... the appeal against the judgment of the high court observed, inter alia, that the conditions of registration as an elector in the electoral roll, as provided in section 19 of the rp act, 1950 includes the condition that the person must be 'ordinarily resident' in the constituency and that the meaning of the expression 'ordinarily resident' is given in section 20 and further that 'the ..... houses of parliament being constituted, article 379, having served its purpose, was deleted by constitution (seventh amendment) act, 1956 with effect from 1st november, 1956.the provisional parliament, in exercise of its authority under article 379 read with aforementioned enabling provisions, enacted a law called the 'representation of the people act, 1950' (the rp act, 1950), which came into force with effect ..... to be registered as an elector in relation to a constituency, besides fulfilling other qualifications, must be a citizen of india, not less than 18 years of age on the qualifying date (which by virtue of section 14 of rp act, 1950, means the first day of january of the year in which the electoral list of the constituency is prepared or revised), and, what is significant here, be 'ordinarily resident' in that constituency. ..... example in the case of central provinces, berar and bengal) whereas in provinces, namely, assam, the qualification was 'a family dwelling place or a place where the elector ordinarily resided' ..... party's discipline and are equally liable to expulsion for breaches of discipline. .....

Maharaja Chintamani Saran Nath Sah Deo Vs. Jogeshwar Sikhar and Others

Court : Supreme Court of India

Reported in : AIR1990SC1770; 1990(38)BLJR1295; JT1990(3)SC244; 1990(2)SCALE117; 1990Supp(1)SCC280; 1990(2)LC421(SC)

..... their case is that the lands were vested in the state under the bihar land reforms act, 1950 ('the act') and not saved by section 6, sub-section (1)(a)(ii) thereof. ..... certain other lands in 'khas' possession of intermediaries to be retained by them on payment of rent as 'raiyatees' having occupancy rights(1) on and from the date of vesting all lands used for agricultural or horticultural purposes, which were in 'khas' possession of an intermediary on the date of such vesting, including-(a)(i) xxx xxx xxx(b)(ii) landlord's privileged lands let out under a registered ..... raised in this appeal is whether a 'registered kabuliyat' signed by lessee and accepted by the lessor but not signed by the latter is sufficient to constitute a 'registered lease' as required under section 6, sub-section (1)(a)(ii) of the bihar land reforms act, 1950. ..... sections 43 and 44 of the chota nagpur tenancy act, 1908 are also relied upon.5. ..... reference is made to section 2(7) of the registration act, 1980 which defines 'lease' to include a counterpart kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease' ..... if section 2(7) of the registration act is to be the guiding factor for determining the requirements of a registered lease, then even an undertaking to lease or an agreement to lease, if registered would fall within the concept of 'registered lease' under section 6, sub-section ..... he filed a suit against the respondents for possession on the ground that the lands are saved from vesting. .....

Sharad Kumar Vs. Govt. of Nct of Delhi and ors.

Court : Supreme Court of India

Reported in : AIR2002SC1724; 2002(2)ALLMR(SC)951; 97(2002)DLT326(SC); [2002(93)FLR826]; JT2002(4)SC49; 2002LabIC1464; (2002)IILLJ275SC; RLW2002(3)SC466; 2002(3)SCALE442; (2002)4SCC490; [

..... dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand ..... state of bombay : (1964)illj351sc , wherein it was held that appropriate government is precluded from considering even prima facie the merits of the dispute when it decided the question as to whether its power to make a reference should be exercise under section 10(1)read with section 12(5), or not, this court held that the ..... it has, therefore, to be seen in each case from the nature of the duties whether a person employed is a workman or not, under the definition of that word as it existed before the amendment of 1956. ..... from the order passed by the state government and the order of the high court it is clear that the sole reason for declining to refer the dispute relating to discharge/termination of the appellant's service for adjudication to the industrial tribunal or labour court is that he is not a 'workman' within the meaning of section 2(s) of the act. .....