Court : Chennai
Decided on : Jul-17-1967
Reported in : (1968)1MLJ258
..... contentions of the learned counsel for the respondents are rejected. the appropriate directions that should issue in the two writ petitions is that the enquiry officer had acted without jurisdiction in convening the general body meeting and that the proceedings of the meeting are not valid. in the result the proceedings are quashed. the ..... body had passed a resolution removing the petitioner and others and electing the respondents, the petitioner should have pursued his remedies under the madras co-operative societies act by preferring an appeal, and not approach this court by way of writ proceedings. it is true that the petitioner has an alternative remedy. but ..... convene and without giving proper notice a required in the rules. the general body meeting convened will not be a properly convened general body meeting and the acts and omissions complained of will vitiate the entire proceedings, as they are not mere defects or irregularities in the election.11. mr. venugopal, the learned counsel .....
Tag this Judgment!Court : Chennai
Decided on : Aug-01-1967
Reported in : (1968)2MLJ174
..... 741, and mohammed habibullak v. special deputy collector (1967) 2 m.l.j. 531 : a.i.r. 1567 mad, 118, were brought to the notice of the learned judges. with respect i feel bound by the two decisions of the supreme court and the three division bench judgments referred to above and hold that the decision of the government ..... is that the notification requiring the lands for the purpose of providing the harijans with house sites is not one contemplated under section 17 (4) of the land acquisition act and therefore the notification under section 4 (1) and the declaration under section 6 which states that the land is required as house-sites for harijans are illegal. ..... 6 in respect of the land at any time after the publication of the notification under section 4, sub-section (1).5. the procedure under the land acquisition act is to make a preliminary notification under section 4 (1) by the appropriate government stating that the land in a particular locality is needed for any public purpose. .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-08-1967
Reported in : AIR1968Cal59,(1969)ILLJ50Cal
..... particular officer for the purpose, which means the local board and not its secretary and treasurer. secondly, even if some other officer may be empowered to hold an inquiry and to propose a punishment, the punishment, under the statute, can be awarded only by the state bank, which, according to the regulations, means the central board ..... of the petitioner was the chief accountant, he has been dismissed by the staff supdt., an officer below the rank of the appointing authority. (2) that the inquiry was held in contravention of the requirements of para 521 of the 'shastri award.' (3) that the impugned order was made in contravention of the principles of natural ..... of the report of the desai award. shri shastri, a retired judge of the madras high court, was appointed an industrial tribunal, in 1952, under section 7 of the industrial disputes act and certain disputes were referred to that tribunal for adjudication under section 10 of that act. the award given by that tribunal, in 1953, is known .....
Tag this Judgment!Court : Chennai
Decided on : Feb-02-1967
Reported in : (1969)1MLJ281
..... contravention, the director of enforcement shall hold an enquiry in the prescribed manner after giving that person a reasonable opportunity of being heard and if on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty as he thinks fit in accordance with the provisions of the said ..... (1957)illj472sc , (vi) public passenger service ltd. v. m. a. khadar : [1966]1scr683 , (vii) abdul shakoor v. r.c. & e. officer : air1959all440 , 452; where the learned judge has quoted the dicta of wilmot, c.j. in collins v. blantern 95 e.r. 847, to the effect. ' no polluted hand shall touch the pure fountains of justice.' (viii ..... matter has affected the orders of the director, or the orders themselves indicate a bias in consequence of such intrusion; (hi) whether the relevant sections of the act would justify the imposition of penalties upon a firm as a legal person; and (iv) whether the existence of alternative remedies, under the statute itself, would .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1967
Reported in : (1970)1MLJ300
..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1967
Reported in : (1977)2MLJ191
..... been shown to deprive an individual employee of his right to pursue the appeal which he had preferred long before the reference to the tribunal under the central act was made. the learned judge was of the view that it would perhaps be a different matter if the employee had taken his case before the tribunal to which an industrial dispute had ..... enacted. therefore, the object of the legislation is for investigation and settlement of industrial disputes. the act constituted under chapter ii the authorities under the act, namely, works committee, conciliation officers, boards of conciliation, courts of inquiry, labour courts, tribunals, national tribunals etc. chapter iii of the act provided for references of disputes by the government to boards, courts or tribunals. provision is also .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-1967
Reported in : [1968]22STC60(All)
jagdish sahai, j.1. this reference under section 11(1) of the u.p. sales tax act (hereinafter referred to as the act) has been made by the additional judge (revisions) sales tax, u.p., who has submitted a statement of the case and invited our opinion on the following questions of law :(1) whether under the circumstances ..... after giving an opportunity to the assessee to furnish a certificate from the customs barriers. the commissioner of sales tax filed a revision application against the order of the judge (appeals) sales tax made in connection with the assessment year 1958-59 and the assessee filed one in respect of the assessment order made for the year 1956-57 ..... e., within india, it is not possible to hold that the sales had occasioned export. the view that we are taking finds support from the observations made by the learned judges of the supreme court in ben gorm nilgiri plantations co., coonoor v. sales tax officer, special circle, ernakulam a.i.r. 1964 s.c. 1752 which are as .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-1967
Reported in : (1968)IILLJ21All
..... ground that it was barred by limitation. the petitioner-board want up la appeal under section 17 of the payment of wages act. this appeal was partly allowed on 20 april 1966. the additional district judge held another part of the claim to be barred by time but the main plea of the petitioner-board was rejected and ..... electricity board prays that the order of the additional district judge and the prescribed authority passed under the payment of wages act, 1936, be quashed.2. the state electricity board is a body corporate constituted by the government of uttar pradesh under section 5 of the electricity (supply) act, 1948. in october 1963 the board took over the ..... the finding of the prescribed authority that the notification under section 3(b) of the uttar pradesh industrial disputes act governed the petitioner-board, was upheld.4. .....
Tag this Judgment!Court : Chennai
Decided on : Sep-27-1967
Reported in : (1969)2MLJ418
..... , the present civil revision petition is filed.2. sri r. rangachari for the petitioner contends that under the new act, a right of appeal is expressly provided to the co-operative tribunal, namely, the district judge, tiruchirappalli, in this case, against the award of the officer of the co-operative department and the award having ..... avail of the right of appeal, even though the original proceedings were initiated under the old act. according to him, section 121 (3) of the new act, is applicable and hence his appeal under section 96 of the new act to the district judge is competent. counsel for the respondent, however, stated that the appeal is incompetent as section ..... to have been provided for under section 51 (5) of the old act, but under the new act, co-operative tribunals are constituted by the government and the district judge of tiruchirappalli, in the instant case, is the co-operative tribunal under the act, to whom a right of appeal is expressly provided for against the orders .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1967
Reported in : (1967)2MLJ317
..... of any institution included in the list published under section 46 having a hereditary trustee or trustees, the commissioner after notice to such trustee or trustees and after such inquiry as he deems adequate, considers for reasons to be recorded, that the affairs of the institution are not, and are not likely to be properly managed by ..... commissioner, hindu religious and charitable endowments appointed one radhakrishna naidu as the trustee for a period of 5 years in pursuance of the scheme, read with section 47 of act xxii of 1959. on 6th october, 1960 another non-hereditary trustee was appointed under the same provisions. on 29th june, 1965 the assistant commissioner issued a notice ..... 2. in l933 the board of commissioners for hindu religious endowments filed the suit, o.s. no. 7 of 1933 in the court of the district judge of east thanjavur, nagapattinam, for modifying the schemes already framed in respect of the suit temples against the petitioner's father and three others on the ground .....
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