Court : Gujarat
Reported in : (1988)1GLR589
..... the concerned industries. there can also be no doubt that the levy and collection of cess is related to the production of minerals. as for example, limestone and dolomite, from a mine. we will, therefore, assume for the sake of argument that removal of mineral from a mine after it is won amounts to production. ..... includes a sub-lease granted for such purpose;(d) 'mining operations' means any operations undertaken for the purpose of winning any mineral;(e) 'minor minerals' means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the central government may, by notification in the official gazette, ..... mr. vakil sought to counter this submission by inviting our attention to section 3 of the limestone and dolomite mines ladour welfare fund act, 1972 which provides for levy and collection of a cess on so much of limestone dolomite 'produced' in any mine as is sold or otherwise disposed of to the occupier of any factory .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... such impulses should be legally sanctioned by society, any more than we sanction some other unpalatable instincts of our biological inheritance. deep inside every civilized being there lurks a tiny stone age man, dangling a club to robe and rape, and screaming an eye for an eye. but we would rather not have that little fur-clad figure dictate the law ..... philosophy and its sense of moral and ethical values. to take an example, if a sentence of cutting off the arm for the offence of theft or a sentence of stoning to death for the offence of adultery were prescribed by law, there can be no doubt that such punishment would be condemned as barbaric and cruel in our country, even .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
..... direct the government of india and the state of uttar pradesh that whenever any other area in the state of uttar pradesh is thrown open for grant of lime-stone or dolomite quarrying, the les-sees who are displaced as a result of this order shall be afforded priority in grant of lease of such area and intimation that such ..... impact of the orders passed by the court has been considered. the court observed:the consequence of this order made by us would be that the lessees of lime-stone quarries which have been directed to be closed down permanently under this order or which may be directed to be closed down permanently after consideration of the report of ..... subject, of course, to their otherwise being found fit and eligible. we have no doubt that while throwing open new areas for grant of lease for limestone or dolomite quarrying, the government of india and the state of uttar pradesh will take into account the considerations to which we have adverted in this order.'this decision sufficiently .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... particular case in the application of the concepts; but the task of finding the core of a fundamental right is like the quest for the "philosopher's stone", and that the amending body will be left without chart or compass when it proceeds to make an amendment. mr. seervai further submitted that our constitution makers ..... important light on clauses in the constitution which seem blind or of ambiguous import" see cooley on constitutional law, 4th ed. (1931), pp. 195-196. julius stone, the australian jurist, has expressed the opinion that in principle the court should be free to inform itself concerning the social context of the problems involved from all ..... cherished dream of independence and territorial unity from north to south, and east to west, which in millinneum it could not achieve, the fundamental objectives formed the corner stone of the nation. as granville austin so aptly puts it in his book "the indian constitution" at page 50, "the indian constitution is first and foremost a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... air india corporation v. rebellow : (1972)illj501sc ; municipal corporation of greater bombay v. p.s. malvankar : (1978)iillj168sc concern the industrial law wherein the validity of rules on the touch-stone of the reasonableness, fairness or justness was not considered. the prevailing doctrine of reasonable classification and nexus had their play to uphold the validity of the provisions.327. it is ..... question before this court was about the validity of section 124a of the indian penal code. this court in order to sustain the validity of the section on the touch-stone of article 19(1)(a) of the constitution of india, limited its application only to acts involving intention or tendency to create disorder, or disturbance of law and order, or .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6
..... , conduct and marriage, and divorce, no less than the types of funerals or the scale of earnings in different occupations'. it is the 'embodiment of 'right reasoning''. according to julius stone, law is a compilation of 'social rules' or 'means of social control'. it has to be a 'means towards justice'.47. not only the statute but also even custom and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... body like parliament responsible to the people of this country, such considerations are wholly irrelevant and spring from distrust in the very principle of popular sovereignty which is the corner stone of the indian constitution.73. article 31-b does not affect in our view any of the enumerated basic structure principles evolved by the basic structure case : air1973sc1461 , on the .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT373; (1992)IILLJ810Ori
..... supreme court in catering cleaner's case (supra). the aforesaid bench decision which was in respect of a notification abolishing contract labour in the works specified therein in the limestone, dolomite and manganese mines would apply to the present notification where there has been prohibition of contract labour in respect of fireclay mines. on the materials on record, namely on the ..... conclusion that there is no material to support that the central government issued the general notification prohibiting the employment of contract labour in the works specified therein in the limestone, dolomite and manganese mines in the country after satisfying the mandatory requirement of section 10(1) and clause (a) to (d) of section 10(2) of the act and, therefore, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... such impulses should be legally sanctioned by society, any more than we sanction some other unpalatable instincts of our biological inheritance. deep inside every civilized being there lurks a tiny stone age man, dangling a club to robe and rape, and screaming an eye for an eye. but we would rather not have that little fur-clad figure dictate the law ..... philosophy and its sense of moral and ethical values. to take an example, if a sentence of cutting off the arm for the offence of theft or a sentence of stoning to death for the offence of adultery were prescribed by law, there can be no doubt that such punishment would be condemned as barbaric and cruel in our country, even .....
Tag this Judgment!Court : Supreme Court of India
..... , the collective conscience , the intelligence of a future day that has found mention in the ideals enshrined in inter- alia, article 14 and 21, which together serve as the heart stones of the constitution. the spirit that finds enshrinement in these articles manifests and reincarnates itself in ways and forms that protect the needs of the society in various ages, as .....
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