Court : Andhra Pradesh
Reported in : AIR1984AP200
..... youngs, (1898) 1 ch 414 was dealing with a case where it was alleged that the power of expulsion of the plaintiff was not exercised bona fide by the defendants, the deed providing for issuing such a notice when a partner was guilty of immorality or other ..... argued that hate suit involved an alternative relief of dissolution of the firm which was a power vested in the civil court under section 49(g) of the partnership act and that therefore the arbitrators could not be entrusted with the power to decide whether dissolution was necessary on the facts of the case. ..... book by removing some of the sheets inasmuch as these sheets were in different colour than the other sheets in the book, that the margin on the top and on the left hand side is different from the other pages in the book and that the resolution dated 7-3-1982 relied upon by the appellant was contained at pages 42 to 44 of ex. a. 6. ..... 2 notice dated 2-11-1982 informing the defendant that the plaintiff is dissolving the firm with effect from 7-11-1982, that the defendant is required to render accounts, failing which the plaintiff would be constrained to take necessary action for the reliefs he is entitled to under law together with costs of ..... said provisions were replaced by the english arbitration act, 1950. ..... held:'there was an additional ground on which arbitration should not as matters stand, have been directed - that there was a charge by the plaintiff that the defendants did not exercise their power of expulsion bona fide. .....
Tag this Judgment!Court : Delhi
Reported in : [1985(51)FLR260]; (1984)ILLJ438Del
..... 516 of the dmc act, delhi joint water and sewage board act 1926 and the delhi road transport act 1950 were to stand repealed, a specific reference to the regulations in definition clause of 1957 act if mentioned separately would then further have had to be qualified by specifying which of the regulations ..... is restrained to take any proceedings to reclaim back until after it is able to obtain in its favor decision on merits from the labour court to which all these cases are now being sent back by us. 37. ..... 511(1) provided that every officer and employee of the bodies and local authorities specified in second schedule shall from the establishment of the corporation be transferred to and become an officer and employee of the corporation. ..... of the dmc act the delhi state electricity board constituted under the electricity supply act 1948 shall cease to function as from and shall be deemed to be dissolved from the date of establishment of the corporation under the act. ..... the employee was removed from service but before the tribunal a settlement was arrived at and the period from the date of removal to the date of reinstatement was treated on half ..... the respondent workman remained under suspension from 9th june, 1970 to 31st december, ..... himself also did not mean clear from a reference to his later conclusion is surendra ..... would have to be found out from what it would mean under the general clauses act because s. ..... only support which the desu sought was from regulation 13 and which was negatived. 9 .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)0GLR167; (1968)ILLJ160Guj
..... illegal and ultra vires and was also null and void and against ordinary principals of natural justice, for a declaration that he continued in service as the chief officer of the municipality and for arrears of salary from 17 december, 1942 up to the date of the suit and further salary, in the alternative for reinstatement and in the alternative for damages for wrongful dismissal and for recovering the amount due to him under ..... then he went on to urge that the work that was being taken from his was against the provisions of the cattle trespass act and concluded by stating that full amounts have been credited but there may be a mistake in the writing of dates and, therefore, the dates cannot be reconciled and therefore there was no mala fide intention on ..... merged into the then province of bombay and became part of that province, the bombay merged states (laws) ordinance, 1949, was enacted which was later replaced by the bombay merged states (laws) act, 1950 (bombay 4 of 1950). ..... the accounts of the municipality covering the period 1950-53 were audited by the examiner, local fund accounts, bombay, and the special audit of the railway station octroi naka disclosed that during the period from 1 april, 1950 to 30 september, 1953 the nakedar had misappropriated a sum of ..... plaintiff was appointed as a sanitary inspector in november, 1950 in the grade of rs. ..... joined the municipal service as a peon in may, 1941 and was promoted as octroi karkun in january, 1950 in the grade of rs. 40 - 2 - 60. .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)0GLR492
..... he was dismissed from service on 6 december, 1950 after having been suspended from service earlier, and a departmental inquiry was held into the allegations that he had made some defamatory aspersions against ..... to be prejudicial to the interest of the master or to the reputation of the master; (ii) where the act or conduct of the servant is inconsistent or incompatible with the due or peaceful discharge of his duty to his master; (iii) where the act or conduct of a servant makes it unsafe for the employer to retain him in service; (iv) where the act or conduct of the servant is so grossly immoral that all reasonable men will say that the employee cannot ..... be trusted; (v) where the act or conduct of the employee is such that the master cannot rely on the faithfulness of his ..... employee; (vi) where the act or conduct of the employee is such as to open before him temptations for not discharging his duties properly; (vii) where the servant is abusive or if he disturbs the peace .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad129; (1960)IIMLJ290
..... the expiry of three months, he was prosecuted for contravention of rule 7 of the foreigners' order 1948 which enacts :"every foreigner who enters india on the authority of a visa issued in pursuance of the indian passport act, 1920 (xxxiv of 1920) shall obtain from the registration officer having jurisdiction, "either at the place at which the said foreigner enters india or if he has entered india otherwise than on the authority of a transit visa or as a tourist as defined in the ..... 498 of 1958 and also of the individuals involved in the other proceedings, the passport was applied for and obtained from the government of pakistan, after the enactment of the pakistan citizenship act 1951, that is during the period from 26-1-1950 to 30-12-1955, so that if their contentions regarding the validity of the orders passed against them are rejected their status as citizens of india would have been terminated on 30-12-1955.28 ..... this did not give rise to any complications until there was a large scale migration from britain to america, when difficulties were experienced when these immigrants became naturalised american subjects.they had then a plural nationality owing to the continued retention of british citizenship, not by any means a desirable state of affairs ..... nationality act, 1940 when they were further enlarged by the addition of several other overt acts which-were treated as proof of expatriation provisions which were enacted in the immigration and nationality act of 1952 (section 349) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT962; (1998)IIILLJ57AP
..... or more workers, are employed, shall appoint atleast one welfare officer: provided that where a group of factories in close proximity belong to the same management, the chief inspector may exempt the said factories from this rule in so far as it requires the appointment of a separate welfare officer in respect of each such factory subject to such conditions as he may impose: provided further that where the number ..... the workers in language they can understand; (iv) to advise on the fulfilment by the concerned departments of the factory management of obligations statutory or otherwise concerning the application of the provisions of the factories act, 1948 and the rules made thereunder and to establish liaison with the inspector of factories, and the medical services concerning medical examination of employees, health records, supervision of hazardous jobs, sick visiting ..... harmonious relations between the factory management and workers; (ii) to bring to the notice of factory management, the grievances of workers, individual as well as collective, with a view to securing their expeditious redress and to act as a liaison officer between the management and labour; (iii) to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret ..... 24, 1992 holding that the petitioner is entitled for the scale of pay prescribed under rule 76-b(4) (a) of andhra pradesh factories rules, 1950, for short 'the rules'. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj145; (1964)GLR386
..... the complaints received are such and so many in number that the continuance of the existing state of affairs itself may injure 1m interests permanently, he may as well decide to act within the terms of his contract rather than take any further risk involved in making an elaborate inquiry in the duration of which irreparable damage may be done to his work ..... the noble purpose for which it is enshrined in the constitution it is essential that all the aspects of each case must be carefully considered to ascertain that the government, in fact, was acting in the exercise of its contractual right and not for the purpose of punishing the government servant concerned for misconduct, inefficiency or similar other reasons. ..... it is quite clear that, after 1st april 1937, the power to amend the statutory roles which were continued under the act of 1935 became vested in the governor of bombay in so far as the classification rules of 1930 became applicable to the affairs ..... in other words, if the government does not intend to visit its servant with evil consequences by blasting his future prospects but is acting only to secure for itself an efficient and disciplined service, then, the government is terminating the service simpliciter and the fact that thereby the servant loses his service is a ..... original explanation was in force from 1930 to 1947, that the explanations introduced in 1947 were in force from 1947 to 1950 and the explanation now in operation came into force from 28th february 1950.25. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom373; 1969LabIC1324
..... if means existed of remedying the inconvenience caused by the breach of contract which have not been availed of by the plaintiff, the damages claimed by him cannot be said to arise 'naturally' from the breach within the main part of section 73 of the contract act or, to put it in another way, the means, if any, of remedying the inconvenience caused by the breach of contract are factors that go to reduce the damages that might otherwise have been said to ..... from 15th june 1950 to 31st march 1951, and it was held that it could not be terminated before the expiry of that period, unless the employee was at fault, and that where the employment was for a definite ..... what i must, however, proceed to consider is, on whom is the burden of proving that there existed means of remedying the inconvenience caused by the breach, within the terms of the explanation to section 73 of the contract act, and what is the extent of what is loosely called the 'duty' of the plaintiff to mitigate damages, but which, as already stated earlier in this judgment, not really a duty but is a factor which goes to ..... as far as the plaintiff's claim for interest is concerned, it is well-settled, by now that interest prior to the suit cannot be awarded by way of damages, but that the awarding of interest as from the date of the filing of the suit is a matter resting in the discretion of the court under section 34 of the code of civil procedure which is not confined in its terms to claim for liquidated damages only: : .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant19; AIR1965Mys19
..... contravention of the proviso to sub-section (7) of section 115 of the states reorganisation act'.reference may also be made to the official memorandum of the central government called for by us recording the results of the discussion between the representatives of the central government and state government regarding ..... to be promoted for the particular post; and (2) that if any person had not acquired any such right arising out of an enforceable condition of service on or before his allotment under the states reorganisation act on 1-11-1956, he cannot complain that any condition of service applicable to him immediately before the said appointed date has been varied to his disadvantage by the government of the new state of mysore in ..... dealt with in the preceding paragraphs, it will be open to the state governments to take action in accordance with the decisions conveyed therein, and so long as state government act in conformity with these decisions they may assume the central government approval in terms of the proviso to sub-section (7) of section 115 in the states reorganisation ..... he would have, in ordinary course, been promoted as he actually was sometime later when the authorities realised perhaps that he had not been justly treated as is clear from the order of the government dated march 26, 1951, promoting him to the higher rank with effect from august, 1, 1950. .....
Tag this Judgment!Court : Delhi
Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)
..... in the province of bombay and in the central provinces and berar, the collector of central excise, bombay; (d) in the province of madras, the collector of central excise, madras; (e) in the provinces of assam, bengal and orissa, the collector of central excise, calcutta; (f) in the united provinces and bihar, the collector of central excise, allahabad; (g) in the provinces of the punjab, north-west frontier, baluchistan ..... production of cigarettes recorded in machine cards; (v) by not accounting for fully the cut tobacco resulting in ripping operations of cigarettes and also unused tobacco and the production of cigarettes there from; (vi) falsely recording dispatches and sales of tobacco but actually utilising the same for manufacture of cigarettes; (vii) falsely recording storage losses of tobacco and utilising the same for ..... . it must be attributed to the legislature that it was aware of the provisions contained in section 12-a of the act (inserted with effect from december 27, 1985) permitting exercise of powers of a central excise officer by a senior rank officer or the provisions contained in section 37-a (inserted with effect from july 1, 1978) empowering delegation of powers on junior rank officers, yet it allowed the provisions in section 2(b) to remain to cover the eventualities or the field left ..... petitioners proceeds on the basis of the non-compliance of the mandate of section 130 of the army act, 1950 ..... . newport corporation reported in (1950) 2 all er 1226 that 'we do not sit here to .....
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