Court : Punjab and Haryana
Decided on : Dec-07-1992
Reported in : (1993)103PLR738
..... reference application under section 18 of the land acquisition act was filed. a large number of cases were consolidated but in each case separate award was passed. however, reasons for awarding compensation were recorded in ..... as noticed above.5. the facts reveal that the land of the petitioner was acquired vide notification issued under section 4 of the land acquisition act on 15th july, 1987 which was published on 24th september, 1987 and the collector had given the award on 31st july, 1989. thereafter ..... facts have, however been taken from civil revision no. 3097 of 1992.2. petitioners were successful in reference under section 18 of the land acquisition act. since there were many cases, the same were consolidated with land acquisition case no. 1 of 1991 'puran wati v. union of india'. the ..... no order as to costs. the parties have been directed to appear before the lower court on 7th january, 1993. .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-06-1992
Reported in : (1994)ILLJ1066Raj; 1993(1)WLC641
..... the learned district judge has failed to exercise jurisdiction vested in him and has dismissed the appeal without appreciating the provisions of '1936 act' and the 'act of 1985'. 7. the act of 1936 was enacted with a view to regulate the payment of wages to certain classes of the persons employed in industries. section ..... : (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever; section 14(1): save as otherwise expressly provided in this act, the central administrative tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except ..... the tribunal in respect of his grievance pertaining to any matter which falls within the jurisdiction of the tribunal. with effect from the commencement of the act of 1985, the central administrative tribunal can exercise all the jurisdiction, power and authority in respect of recruitment and matters concerning recruitment, to any all .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-25-1992
Reported in : 1993(63)ELT209(Bom)
..... the terms of government's representation. in a case such as the present the legislature could also resolve under the provision of section 159 of the customs act to abrogate government's representation. the legislature's legislative powers are plenary and cannot be cut down. they certainly cannot be cut down because government has ..... two cases, therefore, did not cover the situation where the government was exercising the powers conferred upon it by statute or powers of subordinate legislation in acting contrary to the terms of the representation it had made earlier. reiterating that the doctrine of promissory estoppel was not available against the legislative power which was ..... period. in bharat commerce & industries' case, on 5-1-1979 a notification was issued by the central government under section 25(1) of the customs act exempting certain goods imported into india from certain duties. the notification specified that it shall be in force upto and inclusive of 31st december 1979. by the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-03-1992
Reported in : 1993(2)BomCR329
..... as irrelevant. it presses for a place of primacy to be given to the document of 26-10-1950 as a guide to construction. that document was the foundation on which the conveyance ex. b came into existence. the admissibility and weight to be attached to the 26-10-1950 agreement (hereinafter to be referred to ..... matter of preventive injunctions a covenantor and covenantee may occupy the position contemplated by the presumption. section 11 mandates specific performance subject to the exceptions of the act where the act agreed to be done is in the performance, wholly or partly, of a trust. section 14(1)(a) stipulates a non-performance decree where compensation in ..... the first defendant that of keeping the same unbuilt upon and provide convenient ingress and egress? 15. (a) does defendant no. 1 establish that it entertained and acted upon a bona fide belief about the height restriction covenant being limited to site under the existing garages? (b) if so, whether enforcement of the height restriction .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-03-1992
Reported in : 1993(2)BomCR301
..... hafiz v. mohd. zakaria, 49. ind. appl. 9. the said decision defines the cause of action as that cause which had given the occasion for and formed the foundation of the suit. kewal singh v. lajwanti, : [1980]1scr854 , arises out of an application for eviction of a tenant on three grounds i.e. premises being then ..... this court for the initial institution of the suit. the initial lodgment passed the test of a provisional judicial scrutiny. the statutory change in the bombay court fees act, 1959 may have been overlooked-- a common enough lapse in these times of legislative plentifulness. it is not possible to see any duplicity, gross negligence or ..... 770). a laymen trampling into the quagmire of jurisdiction- pecuniary, territorial or subject wise is playing with fire and certainly cannot seek the aid of section 14 limitation act in the second round. the facts here are very different. plaintiff for all his meticulousness and determination to get even with defendant 1 and 2, did not arrogate .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-28-1992
Reported in : (1993)ILLJ99HP
..... and reinstatement. reference without such demand was held to be incompetent.56. learned counsel for respondent no. 4, by placing reliance upon the management of radio foundation engineering ltd. and another v. state of 'bihar and ors. (supra), contended that in all cases it was not necessary that dispute must be preceded ..... of their grievances. nevertheless, it will be an industrial dispute if it comes within the meaning of section 2(k) of the act.................................'32. in (air) 1970 patna 295 (management of radio foundation engineering ltd. and another v. state of bihar and ors.) the court said in paras 15 and 16 of the judgment that ..... were informed in time. it is relevant to quote the findings and the report of the conciliation officer under section 12 (4) of the industrial dispute act, 1947:'......................the management knowingly not attended the said conciliation meeting when they were informed by this office registered well in time. their non-attendance of the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-25-1992
Reported in : [1992(65)FLR497]; (1993)IIILLJ857All
..... condone the delay in filing the application under section 15. there was no illegality or lack of jurisdiction in entertaining the application under section 15 of the act as admittedly the respondent was employed at the concern of the petitioner and comes within the purview of the workmen. there was no error in entertaining the ..... of the lower revisional court dismissing the revision on the ground that the appeal was maintainable is to be adjudged. a perusal of section 15 of the act shows that the prescribed authority is to hear and decide according to law disputes relating to investigation and settlement of industrial disputes enforced in the state arising ..... ten times damages was also claimed on the amount unpaid. the prescribed authority was pleased to condone the delay in filing the application under section 15 of the act and the objections of the petitioner raised and sought to be decided as preliminary issue were negatived. it was directed that the petitioner may file their written .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-1992
Reported in : (1993)3SCC151
..... c) no. 14014 of 1988 before the supreme court against ch. bhajan lal and it is a gross interference with the administration of justice and that this arrogant act of intimidation and terrorisation merits severest punishment. it is further stated that the serious investigation conducted has been reduced to a farce by purchasing the complainant dharam pal, ..... his abuse of power to amass wealth in the background of his admittedly humble beginning in life. (vide para 9 of the contempt petition)that by the act of intimidation and blackmail unbecoming of member of the central government ch. bhajan lal has committed the gross criminal contempt of this hon'ble court with an intention ..... direct an investigation afresh, if it so desires, through a competent police officer empowered with valid legal authority in strict compliance with section 5-a(1) of the act as indicated supra. no order as to costs.7. while this civil appeal was pending before this court, ch. bhajan lal is stated to have made a .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-27-1992
Reported in : II(1993)ACC193; AIR1993Raj38; 1993(1)WLC86
..... may not apply to stay made for ministerial officers. held, order of staying proceedings relating to permission to file suit for eviction under section 3(1) of act 3 of 1947 by court to which application for transfer of proceedings was made not having been communicated to court granting permission, nor the appellant having applied for ..... no. 1410 of 1990 and an interim order was passed on 26-3-1990 restraining the concerned authority from taking any further proceedings under section 100 of the act of 1988 for approving, notifying and implementing the draft scheme of bharatpur to basedi. the aforesaid writ petition along with the appellant's writ petition came to ..... date of publication of the proposal regarding the scheme in the official gazette under sub-section (1) then it shall lapse. in view of this provision of the act of 1988 an application was moved before the special secretary (home) that one year after publication of the proposed scheme has passed long back, therefore, the draft .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-1992
Reported in : 1993(2)BomCR266
..... from prescriptions of hindu and muhammadan law. that custom played a vital role in matters like succession, alienation and incidental matters led to the enactment of punjab laws act, 1872. section 5 of that enactment declared the primacy of custom, making it the primary rule of decision, save where it was contrary to practice and good ..... sikhs adoption is secular in character, the object being to appoint an heir. this, says learned counsel, is in contradistinction to other groups where adoption is primarily a religious act intended to confer spiritual benefit on the adopter. hem singh v. harnam singh, : [1955]1scr44 , is relied upon in support of this proposition. the authority deals ..... her second husband as sole heir. a son to her from a previous marriage was held to succeed to her property under section 15 of the hindu succession act, 1956 in preference to relations of her second husband. and after premsingh's death even if she was prehladsingh's mistress, she was the only person competent .....
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