Court : Kolkata
Reported in : AIR1980Cal282,85CWN8
Banerjee, J.1. These appeals are directed against an order passed by the Hon'ble Single Judge making the rule absolute obtained by Pashok Tea Company Limited. The case made out by the petitioner Pashok Tea Company Ltd., is that on 12th October, 1976 two letters were received by the petitioner, each dated the 13th October, 1976, one in respect of the Pashok Tea Estate and the other in respect of Looksan Tea Estate addressed to the Company by the Tea Trading Corporation of India Ltd. The said two letters are identical in nature except as to the name of the Tea Garden and the contents of the letters concerning the Pashok Tea Estate are as follows:--'By an order dated 11th October, 1976 published in the Gazette of India Extraordinary dated llth October, 1976 the Government of India has authorised the Tea Trading Corporation of India Ltd., of 225-E, Acharya Jagadish Chandra BOMRoad, Calcutta-20 being the authorised person to take over the management of the above unit on the terms and condit...
Tag this Judgment!Court : Chennai
Reported in : (1984)1MLJ228
Nainar Sundaram, J.1. Swadeshi Cotton Mills Tozhilalar Shemanala Padukappu Union, represented by its President, the petitioner in W.P. No 2756 of 1981, is the appellant in this writ appeal. The respondents herein are the respondents in the writ petition. For the sake of convenience, the parties shall be referred to in this judgment as they stood arrayed in the writ petition. A dispute arose in 1979 between the second respondent Mills, hereinafter referred to as the Mills, and its workmen on the question of bonus for the year 1978-79. The Mills had paid an advance bonus at 20 per cent. of the earnings to its workmen. A settlement was reached in the course of conciliation on 18th November, 1980 under section. 12 (3) of the Industrial Disputes Act XIV of 1947, hereinafter referred to as the Act, under which it was agreed that the bonus could be only at 12 par cent and the Mills were conferred the right to recover the excess of bonus paid in advance. This settlement was arrived at before t...
Tag this Judgment!Court : Delhi
Reported in : AIR1996Delhi172; [1996]85CompCas230(Delhi)
ORDERD. P. Wadhwa, J. 1. These two petitions under Article 226 of the Constitution have been filed chfallenging the order dated 19th December, 1994 of the Appellate Authority for Industrial and Financial Reconstruction, New Delhi (for short the Appellate Authority) dismissing the two separate appeals of the petitioners by a common judgment; substantially confirming the order dated 6/16 June, 1994 passed by the Board forIndustrial and Financial Reconstruction 'BIFR' for short). Both the authorities, namely, the BIFR and the Appellate Authority, have been constituted under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 ('SICA' or 'Act', for short) under which proceedings had been held and impugned orders made. The sick industrial company, as defined under clause (o) of Section 3 of the SICA, in the present case is Andhra Cement Limited (ACL). Petition bearing No. 5184/94 has been filed by Bennett, Coleman and Co. Ltd. and five other petitioners constitutin...
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker122; 2005(1)KLT507
B. Subhashan Reddy, C.J.1. These Writ Appeals are preferred against the order of the learned Single Judge in a matter arising under the Tea Act. W.A. No. 1202/2004 is filed by the Union of India whereas W.A.No.1334/2004 is filed by one of the promoters. At this stage, all the learned counsel have requested the Court to hear and dispose of the Writ Appeals themselves which lies in a narrow compass. For the sake of convenience, facts are being taken from W.A.1202/2004.2. Only one argument has been advanced by Sri.V.T.Gopalan, learned Addl. Solicitor General of India pointing out the imposition made by the learned Single Judge in his order of 5th January, 2004 in O.P.No.32613/2002, which is to the following effect: 'If the revival of the functioning of High Range Tea Estates of M/s. Ram Bahadur Thakur Ltd., is not possible, then the Union of India shall take over such estates of the said Company as contemplated by law within six months from the said date of judgment'. Mr.V.T.Gopalan submi...
Tag this Judgment!Court : US Supreme Court
Shanks v. Dupont - 28 U.S. 242 (1830) U.S. Supreme Court Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830) Shanks v. Dupont 28 U.S. (3 Pet.) 242 ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF SOUTH CAROLINA Syllabus Thomas Scott, a native of South Carolina, died in 1782 intestate, seized of lands on James Island, having two daughters, Ann and Mary, both born in South Carolina, before the declaration of independence. Sarah married D. P., a citizen of South Carolina, and died in 1802, entitled to one-half of the estate. The British took possession of James Island and Charleston in February and May, 1780, and in 1781 Ann Scott married Joseph Shanks, a British officer, and at the evacuation of Charleston, in 1782, she went to England with her husband, where she remained until her death in 1801. She left five children, born in England. They claimed the other moiety of the real estate of Thomas Scott, in right of their mother, under the ninth article of the Treaty of Peace betw...
Tag this Judgment!Court : US Supreme Court
Executors of McDonogh v. Murdoch - 56 U.S. 367 (1854) U.S. Supreme Court Executors of McDonogh v. Murdoch, 56 U.S. 15 How. 367 367 (1854) Executors of McDonogh v. Murdoch 56 U.S. (15 How.) 367 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus McDonogh, a citizen of Louisiana, made a will in which, after bequeathing certain legacies not involved in the present controversy, he gave, willed, and bequeathed all the rest, residue, and remainder of his property to the corporations of the Cities of New Orleans and Baltimore forever, one-half to each, for the education of the poor in those cities. The estate was to be converted into real property and managed by six agents, three to be appointed by each city. No alienation of this general estate was ever to take place, under penalty of forfeiture, when the States of Maryland and Louisiana were to become his residuary devisees for the purpose of educating the poor of those states. Altho...
Tag this Judgment!Court : US Supreme Court
Henderson v. Mayor of City of New York - 92 U.S. 259 (1875) U.S. Supreme Court Henderson v. Mayor of City of New York, 92 U.S. 259 (1875) Henderson v. Mayor of City of New York 92 U.S. 259 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK AND THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA Syllabus 1. The case of the City of New York v. Miln, 11 Pet. 103, decided no more than that the requirement from the master of a vessel of a catalogue of his passengers landed in the city, rendered to the mayor on oath, with a correct description of their names, ages, occupations, places of birth, and of last legal settlement, was a police regulation within the power of the state to enact, and not inconsistent with the Constitution of the United States. 2. The result of the Passenger Cases, 7 How. 283, was to hold that a tax demanded of the master or owner of the vessel for every such passenger was a regulation of commerce b...
Tag this Judgment!Court : US Supreme Court
Mining Company v. Consolidated Mining Company - 102 U.S. 167 (1880) U.S. Supreme Court Mining Company v. Consolidated Mining Company, 102 U.S. 167 (1880) Mining Company v. Consolidated Mining Company 102 U.S. 167 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA Syllabus 1. The grant of the sixteenth and thirty-sixth sections of public land to the State of California for school purposes, made by the Act of March 3, 1853, 10 Stat. 246, was not intended to cover mineral lands. Such lands were, by the settled policy of the general government, excluded from all grants. 2. A settlement within the meaning of sec. 7 of that act is not required, either in regard to the acts to be done or the qualifications of the settler, to be precisely the same as that whereby a preemption right can be secured under the Act of Sept. 4, 1841. 5 Stat. 453. 3. Whenever, at the time the government surveys of section 16 or 36 of public land in California are made, there is,...
Tag this Judgment!Court : US Supreme Court
Legal Tender Cases - 110 U.S. 421 (1884) U.S. Supreme Court Legal Tender Cases, 110 U.S. 421 (1884) Legal Tender Cases Submitted January 22, 1884 Decided March 3, 1884 110 U.S. 421 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Congress has the constitutional power to make the Treasury notes of the United States a legal tender in payment of private debts, in time of peace as well as in time of war. Under the Act of May 31, 1878, c. 146, which enacts that when any United States legal tender notes may be redeemed or received into the Treasury, and shall belong to the United States, they shall be reissued and paid out again, and kept in circulation, notes so reissued are a legal tender. Juilliard, a citizen of New York, brought an action against Greenman, a citizen of Connecticut, in the Circuit Court of the United States for the Southern District of New York, alleging that the plaintiff sold and delivered to the defendant ...
Tag this Judgment!Court : US Supreme Court
Chambers v. Harrington - 111 U.S. 350 (1884) U.S. Supreme Court Chambers v. Harrington, 111 U.S. 350 (1884) Chambers v. Harrington Argued April l1-2, 1884 Decided April 14, 1884 111 U.S. 350 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH Syllabus The decision of a court of competent jurisdiction upon adverse claims to a patent for mineral lands under 2325, 2326 Rev.Stat. is subject to review in this Court when the amount in controversy is sufficient. When several adjoining claims to mineral lands are held in common, work for the benefit of all done upon any one of them in a given year to an amount equal to that required to be done upon all in that year meets the requirements of 2324 Rev.Stat. The language of the court in Jackson v. Roby, 100 U. S. 440 , cited and approved. The defendants in error. as plaintiffs. brought suit in the District Court for the Third Judicial District of the Territory of Utah under 2326, Rev.Stat., to have adverse claims to patents ...
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