Court : Supreme Court of India
Decided on : May-09-1995
Reported in : (1995)2GLR1189; JT1995(4)SC310; 1995(3)SCALE561; (1995)4SCC696; [1995]Supp1SCR63
..... 30. dewan daulat rai kapoor arose under the punjab municipal act, 1911 (as applicable to delhi) and the delhi rent control act, 1958. a three-judge bench, speaking through p.n. bhagwati, j., considered the aforesaid decisions and followed the ratio in padma debi, life insurance corporation of india and guntur municipal council in view of the fact that the definition of 'annual value' in section 3(1)(b) of the punjab municipal act, 1911 was similar to those in the enactments considered in the above decisions; ..... that can be done without any difficulty by keeping in view the principles laid down in section 4 of the act (rent control act) for determination of fair rent'.27. in ratna prabha, a three-judge bench was confronted with the above decisions in the context of madhya pradesh municipal corporation act, 1956 and madhya pradesh accommodation control act, 1961. the definition of 'annual value' in section 138(b) of the municipal corporation act read as follows:(b) the annual value of any building shall notwithstanding anything ..... annual rent.28. section 7 of the m.p. accommodation control act provides for fixation of standard rent. section 5 bars recovery of any rent over and above the standard rent. section 6 says no persons shall claim or receive any rent in excess of the standard rent while section 43 makes receipt of 'any rent in excess of the standard rent as specified in clause (1) of section 7 or as fixed by the rent controlling authority under section 10' punishable with .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1995
Reported in : AIR1996Cal140
ORDER1. This is a suit for accounts and payment of the sums found due and owing by the defendant on the said accounts to the plaintiffs. Plaintiffs case is follows: The original plaintiffs Promode Ranjan Sarkar, Pabitra Ranjan Sarkar, Prafulla Ranjan Sarkar and Saroj Ranjan Sarkar are the brothers of Nalini Ranjan Sarkar, a Hindu governed by the Dayabhaga School of Law.2. On the 25th January, 1953, the said Nalini Ranjan Sarkar died intestate leaving him surviving the plaintiffs as his only heirs. The original defendant, Hindusthan Cooperative Insurance Society Ltd. at a meetingof its Board of Directors held in Calcutta on 12th August, 1940 resolved as follows: Resolution No. 6-- Re: Premises No. 237, Lower Circular Road, the house with all furniture and fittings, except those purchased by Mr. Sarkar himself (meaning thereby the said Nalini Ranjan Sarkar deceased) will as at present belong to the Society, (meaning thereby the Society) Mr. Sarkar having no title thereto or interest ther...
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1995
Reported in : AIR1996Cal417
ORDER1. This is a suit for recovery of Rs.44,958/- (Forty-four thousand nine hundred fifty-eight) only being the amount due and payable from 25th January, 1956 till 24th Jan. 1958 by the Hindusthan Cooperative Insurance Society Ltd., a company incorporated under the Indian Company's Act. By virtue of the provisions of the Life Insurance Corporation Act, 1956 (Act No. X 31 of 1956) the assets and liabilities of the said Hindusthan Co-operative Insurance Society Ltd. having been vested in the Life Insurance Corporation of India, the present defendant is said to be liable to pay to'the plaintiff the said sum of money.2. Plaintiff's case, shortly slated, is that Late Nalini Ranjan Sarkar predecessors-in-interest of the original and substituted plaintiffs was associated with Hindusthan Cooperative Insurance Society Ltd. and in consideration of his devoted and loyal service the said 'society at a meeting of its Board of Directors held in Calcutta on 12th Aug. 1940, resolved, inter alia, as f...
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-1995
Reported in : [1996(73)FLR1436],(1997)IIILLJ892Cal
Gitesh Ranjan Bhattacharjee, J.1. In this writ petition the petitioner has challenged the order of his retirement dated March 16, 1994 Annexure-C to the writ petition by which the petitioner was retired from service of the Life Insurance Corporation of India (L. I .C. or Corporation, for short) with effect from that date on completion of the age of 58 years and odd days. On that day the petitioner was serving as a Class-1 category employee of the Life Insurance Corporation of India. The petitioner's contention is that he, being a 'transferred employee', is entitled to retire on completion of 60 years of age under Clause (1) of Regulation 19 of the Life Insurance Corporation of India (Staff) Regulations, 1960 (Staff Regulations, for short) whereasthe case of the respondent Life Insurance Corporation of India is that the petitioner has to retire on completion of 58 years of age under Clause (2) of the said Regulation 19. The petitioner's contention is that initially he was appointed as a...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-12-1995
Reported in : 1996(1)ALT716
Y. Bhaskar Rao, J. 1. Assailing the order dated February 11, 1994 made in W.P. No. 2039 of 1994 by the learned Single Judge of this Court, this writ appeal is filed. The facts of the case are as follows : The appellant is the son of one G. Veeranna who was working in the services of the respondent corporation as a Sweeper. He (G. Veeranna) died on May 1, 1989 while he was in service leaving behind the appellant and the other family members as his legal heirs. While so, the A.P.S.R.T.C. issued Circular PD-112/1987 dated October 5, 1987 where in 30% posts of helpers, kalasis have been allotted to the children of the deceased employees, retired employees and employees who were declared medically unfit. In the said circular the criteria for recruiting the Children of the ex-employees of the Corporation under the above said 30% quota was also laid down. The appellant-petitioner made an application to the corporation authorities to appoint him on compassionate grounds. The said application w...
Tag this Judgment!Court : Delhi
Decided on : Mar-10-1995
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)
..... act, 1913 (7 of 1913); (ii) the industrial finance corporation of india, established under section 3 of the industrial finance corporation act, 1948 (15 of 1948); (iii) the industrial development bank of india, established under section 3 of the industrial development bank of india act, 1964 (18 of 1964); (iv) the life insurance corporation of india, established under section 3 of the life insurance corporation act, 1956, (31 of 1956); (v) the unit trust of india, established under section 3 of the unit trust of india act, ..... , whether secured or unsecured, or whether payable under a decree or order of any civil court or otherwise and subsisting on, and legally recoverable on, the date of the application. (h) 'financial institution' means- (i) a public financial institution within the meaning of section 4a of the companies act, 1956(1 of 1956); (ii) such other institution as the central government may, having regard to its business activity and the area of its operation in india by notification, ..... relating to 'directive principles of state policy'. these two articles relate to the provisions for just and humane conditions of work and maternity leave and a living wage, etc. for workers. the court said : 'these (articles 42 and 43) are among the 'directive principles of state policy'. the mandate of art. 37 of the constitution is that while the directive principles of state policy shall not be enforceable by any court, the principles are 'nevertheless fundamental in the governance .....
Tag this Judgment!Court : Delhi
Decided on : Sep-18-1995
Reported in : ILR1996Delhi415
J.B. Goel, J.(1) The Institute of Applied Manpower Research (for short IAMR) Respondent No. I herein is a Society registered under the Societies Registration Act. 1860.(2) The petitioner is in service of IAMR since 24-8-1864 when ha had joined as a Research Assistant and at the relevant time i.e. in 1993-94 he wss holding the post of Chief Grade IT.(3) The petitioner had availed foreign assignments in United Nations Development Programme (for short UNDP) sponsored project in the Republic of Seychelles on four occasions (1) 12-12-1991 to 12-1-1992; (2) 5-4-1992 to 4-6-1992: (3) 1-9-1992 to December, 1992, and (4) from 30-7-1993 to 4-2-1994. His case is that he had proceeded to attend these assignments with the leave and permission of the Institute, Leave for first three assignments was granted but for the further assignment permission/leave was applied and was not refused. After availing this last assignment he had reported for duty on 4-2-1994 but was not allowed to resume work and the...
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-1995
Reported in : ILR1995KAR2271; 1995(5)KarLJ296
ORDERKrishna Moorthy, J.1. In this Writ Petition, the petitioner prays for quashing Annexure 'A' order dated 11.3.1994 wherein the third respondent rejected the claim of the petitioner for an appointment on compassionate grounds and for a direction to Respondent to appoint the petitioner to a suitable post.2. Sri J. Siddappa, father of the petitioner was working as a Mechanic, Grade-II in the Respondent-Board for more than 20 years. He died in harness on 24.4.1979 leaving behind film his wife, six daughters and three sons. The eldest brother of the petitioner Sri Nagaraj is married and living separately, settled at Shimoga. Another brother Sri Rajachari is married and living separately at Jog. Four sisters of the petitioner are also married and living separately with their families. The petitioner is staying with his mother and unmarried sisters who are unemployed. Petitioner has completed VIII Standard and is unemployed. Petitioner submitted an application on 11.3.1993 to appoint him ...
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-1995
Reported in : (1996)IILLJ560Kant
P. Krishna Moorthy, J.1. In this writ petition, the petitioner prays for quashing annexure 'A' order dated March 11, 1994, wherein the third respondent rejected the claim of the petitioner for an appointment on compassionate grounds and for a direction to the respondent to appoint the petitioner to a suitable post.2. Sri J. Siddappa, father of the petitioner, was working as a mechanic, Grade-11 in the respondent-board for more than 20 years. He died in harness on April 24, 1979, leaving behind him his wife, six daughters and three sons. The eldest brother of the petitioner, Sri Nagaraj, is married and living separately, settled at Shimoga. Another brother, Sri Rajachari, is married and living separately at Jog. Four sisters of the petitioner are also married and living separately with their families. The petitioner is staying with his mother and unmarried sisters who are unemployed. The petitioner has completed VIII Std. and is unemployed. The petitioner submitted an application on Mar...
Tag this Judgment!Court : Mumbai
Decided on : Mar-21-1995
Reported in : 1995(4)BomCR241; (1996)IIILLJ602Bom
1. By this writ petition under Articles 226 and 227 of the Constitution of India is impugned an Award of the Industrial Court, Nasik, dated March 1, 1989 made in Revision Application (ULP) No. 141 of 1988 under Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act') 2. The Respondent was employed in the Health Department and working as Auxilliary Nurse and Midwife at Dhule. She retired from service on March 6, 1978 on the medical ground that she was unfit to continue to work. She was also paid invalid pension by the Dhule Zilla Parishad, Dhule. In July, 1986 the respondent was given reappointment with effect from October 19, 1985 as by that time she had taken medical treatment and was cured of the reason which had made her invalid for further service. 3. By a letter of appointment dated July 18/21, 1986 the Respondent was appointed as Auxilliary Nurse and Midwife on temporary, basis. Strangely, ...
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