Court : Supreme Court of India
Decided on : Jul-09-1997
Reported in : AIR1997SC2989; [1997]Supp2SCR172
ORDERD.P. Wadhwa, J.1. Special leave granted.2. This appeal is directed against the judgment dated June 7, 1996 at a Division Bench of the Calcutta High Court, which judgment was passed in appeal against the judgment dated April 18, 1994 of the learned single Judge allowing the writ petition of the first respondents. This was however the second round of litigation between the parties.3. The first respondent who was the petitioner sought quashing of the earlier order dated December 21, 1981 passed by the Collector and Additional District Magistrate, Hooghly under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short the Act) requisitioning 0.63 acres of land of the petitioner bearing plot No. 1790, Mouza Manoharpur, J. L. No. 93 in the district of Hooghly. In terms of this order the possession of the land was taken over on January 7, 1982. As a matter of fact the order of requisition pertained to 21.41 acres of land of various plot numbers which include...
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-02-1997
Reported in : AIR1997AP304
..... life insurance corporation of india act and the rules framed thereunder. the life insurance corporation of india was established on 1-9-1956. the life insurance corporation of india act, 1956 was enacted.9. section 2 of the act deals with definitions. section 4 deals with the constitution of the corporation. chapter iii deals with the functions of the corporation.10. under section 48 the power is vested in central government to make rules to carry out the purpose of the act. section 48(2)(a) provides for the terms and conditions of office and the terms and conditions of service of members.section ..... judge rightly held that the circulars are illegal.23. as per section 48(2) of the life insurance corporation of india act, the central government is vested with the power of framing regulations as to the terms and conditions of services of employees and agents of the corporation.24. as per the circulars, no life insurance corporation of india agency shall be given to any applicant whose, spouse is employed in the state/ central government or public undertaking. since ..... corporation to terminate the services of any agent. therefore, the termination cannot be said as bad. he further contended that in the case of life insurance agent in writ petition no. 6925 of 1994, the appointment of agent itself is at the inception of bad allegation that his appointment is after thecircular was issued by the corporation. therefore terminating the said agent cannot be said as bad and there is rule bar.43 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : May-02-1997
Reported in : 1997(3)ALT783
..... life insurance corporation of india act and the rules framed thereunder. the life insurance corporation of india was established on 1-9-1956. the life insurance corporation of india act, 1956 was enacted.9. section 2 of the act deals with definitions. section 4 deals with the constitution of the corporation. chapter iii deals with the functions of the corporation.10. under section 48 the power is vested in central government to make rules to carry out the purpose of the act. section 48(2)(a) provides for the terms and conditions of office and the terms and conditions of service of members. section ..... judge rightly held that the circulars are illegal.23. as per section 48(2) of the life insurance corporation of india act, the central government is vested with the power of framing regulations as to the terms and conditions of services of employees and agents of the corporation.24. as per the circulars, no life insurance corporation of india agency shall be given to any applicant whose spouse is employed in the state/central government or public undertaking. ..... corporation to terminate the services of any agent. therefore, the termination cannot be said as bad. he further contended that in the case of life insurance agent in writ petition no. 6925 of 1994, the appointment of agent itself is at the inception of bad allegation that his appointment is after the circular was issued by the corporation. therefore terminating the said agent cannot be said as bad and there is rule bar.43. in .....
Tag this Judgment!Court : Company Law Board CLB
Decided on : Jun-17-1997
Reported in : (1998)91CompCas25
1. This is an appeal filed on April 12, 1996, jointly by Smt. Kana Sen, Shri Prasenjit Sen and Shri Premjit Sen (hereinafter referred to as "the appellants") under the provision of Section 111(3) of the Companies Act, 1956 (hereinafter referred to as "the Act"), for issuance of necessary directions to C. K. Sen and Company Private Limited (hereinafter referred to as "the respondent-company") to register the transmission of shares in the names of the appellants so that the names of the appellants may appear along with other surviving joint holders of the said shares of the respondent company.2. The facts of the instant case are that appellant No. 1, Smt. Kana Sen, is the widow of the late Shri Dip Kishore Sen. The respondent company is a private company limited by shares, having its registered office at Calcutta in the State of West Bengal. The deceased, Dip Kishore Sen, was the registered member of the respondent company, the relevant particulars of which are given below : (i) Share S...
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-1997
Reported in : ILR1997KAR2922; [1998]229ITR71(KAR); [1998]229ITR71(Karn)
ORDERG.C. Bharuka, J. 1. The assessee is a Development Officer employed with the Life Insurance Corporation of India ('Corporation' for short). During the previous year pertaining to the asst. yr. 1983-84, he, apart from his other emoluments, had received a sum of Rs. 40,094 as incentive commission from the Corporation. At the time of assessment, he claimed 40 per cent. thereof, being Rs. 16,038, as permissible deduction. But the same was disallowed by the ITO on the ground that since incentive commission received by the assessee not being an income derived either from business or profession, no deduction, as claimed, is permissible therefrom. Accordingly, he added the incentive commission to his salary income and allowed only the standard deduction as contemplated under S. 16(i) of the IT Act, 1961 (In short, 'Act'). 2. Against the said assessment order, the assessee went in appeal before the AAC and succeeded in getting deduction of 40 per cent. as claimed. Aggrieved by the said orde...
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-1997
Reported in : 1999ACJ126; ILR1997KAR2420; 1997(3)KarLJ476
Hari Nath Tilhari, J.1. Heard the learned Counsel for the appellant Sri G. Krishnamurthy and Sri H.G. Ramesh learned Counsel for the Insurance Company - Respondent No. 3 None appears for respondents 1 and 2.2. This appeal arises from M.V.C.No. 191/1987, decided by the Principal District Judge and Member, Motor Accidents Claims Tribunal, Kolar, allowing the claim of the claimant for compensation in part. The Tribunal awarded compensation to the tune of Rs. 38,000/- in total, as also interest at the rate of 9 per cent per annum.3. The only point in dispute that has been raised is the quantum of compensation. The claimant-appellant is dissatisfied with the amount so awarded. It has been contended by learned Counsel for the appellant that the compensation awarded is inadequate and it requires enhancement.4. To complete the facts, it will be proper to mention it that on 11.6.87, the lorry belonging to respondent No. 2 and driven by respondent No. 1, which lorry did bear Registration No. MYA...
Tag this Judgment!Court : Mumbai
Decided on : Jan-06-1997
Reported in : 1998(1)ALLMR312; 1997(3)BomCR438
A.P. Shah, J.1. This petition under Article 226 seeks a writ of mandamus directing the Union of India and Doordarshan to telecast the petitioner's documentary film 'Ram -Ke-Naam' on the Doordarshan on its national programme.2. The petitioner is a well-known documentary film maker. The petitioner produced in 1991 a documentary film of ninety minutes duration called 'Ram-Ke-Naam' (in the name of God). The film was granted 'U' certificate by the Censor Board in 1992. The film deals with the Ramjanmabhoomi-Babri Masjid dispute and various social and religious issues arising therefrom. The film was selected as the best investigative documentary for the year 1993 and given National Award by the Government of India. It was adjudged as the best documentary in the year 1992 by the jury of the Film fare Award. It secured a best documentary award at Fry bourg Switzerland in 1992 and Citizens Award at Yamagota, Japan in 1993 and Ecumenical Prize at Nyon, Switzerland. The film was selected as the o...
Tag this Judgment!Court : Kerala
Decided on : Jan-08-1997
Reported in : (1998)ILLJ429Ker
ORDERK.S. Radhakrishnan, J.1. Original Petition Nos. 2828 of 1994 to 2662 of 1996 are filed by contractors of certain abkari shops and O.P. No. 9880 of 1993 to 901 of 1994 (eight O.Ps.) are filed by various associations representing the employees of various abkari shops.2. Main question that has come up for consideration in all these cases, is as to whether remuneration paid to employees for working on paid holidays can be treated as wages within the meaning of Section 2(m) of the Kerala Abkari Welfare Fund Act, 1989 so as to enable the employers to make contribution to the Fund constitued under the Act. For the promotion of the welfare of and for paying pension to the Abkari workers in the State of Kerala the above mentioned Act was enacted which came into force on July 15, 1989. Section 4 of the Act deals with contribution to the fund to be paid by the employer. Section 4 is extracted below:'4 Contribution to the fund-(1) The contribution which shall be paid by employer to the fund s...
Tag this Judgment!Court : Kolkata
Decided on : Jan-08-1997
Reported in : (1997)2CALLT179(HC)
Satyabrata Sinha, J.1. The petitioner who undertook a contract job to manufacture and supply one complete secondary screening system for paper machine (Newsprint) with the respondent No. 2 said to be a 'State' within the meaning of Article 12 of the Constitution of India has filed this writ application, inter alia, for the following reliefs :-'1.A writ of or in the nature of mandamus and/or appropriate directions do issue directing the Respondent No. 1, its servants, agents and/or assigns or otherwise howsoever from acting in terms of or giving effect to or taking any steps in furtherance of the letter dated 3rd June, 1996 and to act in accordance with law;2. Appropriate writs, orders and/or directions do issue for production of all relevant records and for protection of all rights of the petitioner and for granting the petitioners such relief as in the circumstances shall be just and proper'2. The admitted facts are that an order was placed by the respondent No. 2 upon the petitioner ...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-09-1997
Reported in : 1997(1)WLC645; 1997(1)WLN336
Shiv Kumar Sharma, J.1. This revision concerns the interpretation of provisions contained in Order 7 Rule 11 of the Code of Civil Procedure. More particularly it raises two questions (i) whether Section 143 of the Rajasthan Co-operative Societies Act, 1965 (for short the Act) is merely a part of the adjudicative law and deals with procedure alone? (ii) where requirement of two months notice is attracted, a premature suit is not maintainable and can be dismissed at the out set?2. The relevant facts of the case are for present purposes to be taken to be these. Plaintiff non-petitioner No. 1 (for short the plaintiff) on August 13, 1996, instituted a suit for declaration and permanent injunction against the defendant petitioner for short the defendant), the Life Insurance Corporation of India (for short LIC) and the State of Rajasthan (for short the State) in the trial court. It was pleaded by the plaintiff that land in question was allotted to the defendant by the State on April 25, 1991....
Tag this Judgment!