Court : Madhya Pradesh
Reported in : 1992ACJ200; [1993]76CompCas711(MP); 1992(0)MPLJ485
T.N. Singh, J.1. For this Bench's opinion are referred, in two separate matters, the following two questions :M. A No. 64 of 1991 :2. Whether the. insurer and/or the owner/driver of the offending motor vehicle or vehicles against whom an order for compensation is passed in terms of the provisions of Section 140 of the Motor Vehicles Act, 1988, has a right of appeal against that order under Section 173 of the Act M. M. No. 138 of 1991 :3. Whether any appeal filed on or after June 1, 1989, challenging an order of compensation passed by the Motor Accidents Claims Tribunal in terms of the provisions of Section 140 of the Motor Vehicles Act, 1988, or the final award passed under Section 168 of the Act, can be entertained without the appellant fulfilling the requirement of the provisions contained in Section 173 of the Act of making requisite deposit of the sum contemplated thereunder 4. Hereinafter, the above questions would be referred to as the first and the second question, respectively....
Tag this Judgment!Court : Kolkata
Reported in : AIR1992Cal311,(1992)2CALLT230(HC),1992(2)CHN10
ORDER1. Both the writ applications were heard together and are disposed of by this judgment.2. More than 200 butchers moved the two writ petitions. Their contentions are identical as well as the prayers. The petitioners are carrying on business by slaughter cows. Bullock and buffaloes at the Tangra Slaughter House set up by the Calcutta Corporation. The two matters are governed by the Calcutta Municipal Act, 1951. The petitioners have permits as required under the law and used to pay Rs. 50/- for the same and the slaughtering charges for the catties. The petitioners' case is that Ss. 445, 446, 451, 456 and 457 are, among others, relevant to the case. The Administrator of the Calcutta Corporation has been made a party-respondent because the Corporation was superseded in 1972. The actual grievance of the petitioners is that the Corporation has been realising Rs. 50/- for the grant of written permission for the right to slaughtering cows and buffaloes at the Tangra Slaughter House and the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1595; 1992CriLJ2327; 1993Supp(1)SCC644
1. The appellant is convicted under Section 7 of the Essential Commodities Act read with Clause 3 of the Haryana Milk and Milk Products Control Order, 1975 (for short 'Control Order'), and was sentenced to pay a fine of Rs. 1,000/- and in default to undergo R.I. for one month. A revision petition filed by the appellant was also dismissed.2. This order was made under Section 3 of the Essential Commodities Act and was in force for a short period from 23-5-75 to 20-7-75. As per the provisions of this order no person shall use milk of any kind for manufacture of cream, skimmed milk, khoa etc. nor can sell, supply or export any cream, skimmed milk of any kind except those of which ghee is an ingredient. The other provisions need not be referred to. This order was made for the purpose of maintenance of increased supply and distribution of milk exported from the State of Haryana as it is essential commodity to the community.3. It is submitted that the Control Order itself was for a short peri...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2696; [1992(65)FLR1]; JT1992(3)SC446; (1992)IILLJ294SC; 1992(1)SCALE1248; (1992)3SCC336
S.C. Agarwal, J. 1. These appeals and writ petitions have been placed before us on a reference by a Division Bench of this Court for the reason that they raise the question involving the constitutional validity of Section 25-N of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The validity of the said provision is assailed on the ground that it is violative of thF.J.R. e right guaranteed under Article 19(1)(g) of the Constitution and is not saved by Clause (6) of Article 19. 2. Since the only question required to be considered by us is with regard to the validity of Section 25-N of the Act and it can be decided on the basis of the relevant provisions of the Act without going into the facts of each case, we do not consider it necessary to set out the facts. 3. Section 25-N forms part of Chapter V-B which bears the heading 'Special provisions relating to lay-off, retrenchment and closure in certain establishments'. The said Chapter consists of Sections 25-K to 2...
Tag this Judgment!Court : Karnataka
Reported in : [1993]88STC411(Kar)
K. Shivashankar Bhat, J.1. The appellant before us is a restaurant owner. For the period from 1st April, 1976 to 31st March, 1977, in the order of assessment, the turnover relating to the supply of food and drinks was also included. The assessment order was made on 30th September, 1977. On 20th March, 1978, a demand notice was served on the appellant. To complete the narration, we may also state here that if the tax demanded is not paid within 21 days from the said date of demand which was 12th April, 1978 in the instant care, penalty under section 13(2) of the Karnataka Sales Tax Act, 1957, stood attracted automatically. In the meanwhile, on 4th January, 1972, the Supreme Court held (The State of Punjab v. Associated Hotels of India Ltd. : [1972]2SCR937 ) that the turnover relating to the supply of food and drinks by a 'composite hotel' (i.e., a hotel comprised of boarding and lodging) is not liable to sales tax on the supply of food and drinks because such supply is part of the servi...
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2807
ORDERVasantha Kumar, J. 1. These Civil Revision Petitions arise out of orders passed by the Executing Court, wherein the Executing Court directed the legal representatives of the deceased decree-holders to produce Succession Certificate for enforcing the decretal claim and for purposes of collecting the decretal amounts. Details as to Civil Revision Petitions and execution proceedings are mentioned herein in tabular statement-Tabular StatementTabular StatementName ofparties in C.R.Ps.Ex.P.Date ofAwardCourtInstitutionof Ex. Proceedinqs2271/92 Kariyammaand 5 others190/9110-8-78C.J.Chitra durgaBy L.Rs.of deceased Muddappa2272/92 Krishnappa& anr.74/9030-5-84'By LRs. Ofdeceased Badappa2274/92 ChikkammaKariyappa & others186/9110-8-78'By L.Rs.of deceased2273/92 Erammaand others.244/90'L.Rs. were brought on record in Ex.235/89 after thedeath of decree-holder Veeranna.2. Two important points have arisen for consideration:Point No. 1) Whether it is mandatory for the legal representative/legal r...
Tag this Judgment!Court : Karnataka
Reported in : II(1993)DMC133; ILR1993KAR1061
N.D.V. Bhat, J 1. This Appeal is preferred against the judgment and decree dated 5.10.1984 passed by the II Additional City Civil Judge, Bangalore in O.S.No. 2074/1980. By the said judgment, the lower Court decreed the suit of the plaintiffs by declaring that plaintiffs-1 and 2 are the children of late S. Ramaswami and that they are together entitled to half a share in the Insurance amount, D.C.R.G., arrears of salary or any other amount apart from the petition amount payable on account of the death of S. Ramaswami. The prayer made for declaration that defendants-1 and 2 are not the wife and daughter of S. Ramaswami was negatived. Defendants-1 and 2 being aggrieved by that part of judgment which has gone against them have preferred this Appeal. The facts relevant for the disposal of this Appeal, briefly stated, are as under: 2. Plaintiff-3 is the wife of late Ramaswamy who was working in the Department of Agriculture of Government of Karnataka, the marriage have taken place on 27.8.197...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
ORDER1. Judgment of The Chief Justice, M.N. Venkatachallah, A.M. Ahmadi and B.P. Jeevan Reddy, JJ. Delivered by B.P. Jeevan Reddy, J.B.P. Jeevan Reddy, J.Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like of which this country has not seen since - belonging to the fields of law, politics and public life came together to fashion the instrument of change - the Constitution of India. They did not rest content with evolving the framework of the State; they also pointed out the goal-and the methodology for reaching that goal. In the preamble, they spelt out the goal and in parts III and IV, they elaborated the methodology to be followed for reaching that goal.2. The Constituent Assembly, though elected on the basis of a limited franchise, was yet representative of all sections of society. Above all, it was composed of men of vision, conscious of the his...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993(37)KarLJ279; 1992(3)SCALE173; (1993)1SCC364; [1992]Supp3SCR103; [1993]88STC204(SC)
S.C. Agrawal, J. 1 Having heard learned Counsel in SLP(C) Nos. 3365-68 of 1992 we hereby grant special leave to appeal and proceed to dispose of the appeals.2. These appeals arising from the judgment of the Rajasthan High Court dated September 6, 1991, and the connected writ petition filed under Article 32 of the Constitution interest questions relating to imposition of tax on the transfer of property in goods involved in the execution of works contracts and the power to impose this tax became available to the State Legislature as a result of the amendments introduced in the Constitution by the Constitution (Forty Sixth Amendment) Act, 1982 hereinafter referred to as the Forty Sixth Amendment. The validity of the said amendment has been upheld by this Court in Builders Association of India and Ors. v. Union of India : [1989]2SCR320 wherein this Court has also considered the scope and ambit of the legislative power to impose the said tax.3. The relevant historical background leading to ...
Tag this Judgment!Court : Mumbai
Reported in : [1993]201ITR348(Bom)
G.D. Kamat, J.1. This petition under article 226 of the Constitution of India poses a question of some importance and may have a bearing outside Goa as we are told that several States have entered into contracts for organizing and conducting State lotteries. 2. The petitioner is a company having its registered office at Manipal. The company entered into an agreement dated December 21, 1989, with the Government of Goa to organize lotteries on behalf of the State of Goa on All-India basis except within the State, for a period of three years commencing from the date of the first draw admittedly held on March 5, 1990. Under that agreement, the company is required to cause the lottery tickets to be printed at its own cost against payment of guaranteed profit to the Government. The company is to deposit the prize money and the cost of the draw. The company conducted the lotteries for a considerable period without any difficulty under the agreement when, all of a sudden, the Ex-officio Direct...
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