Court : Supreme Court of India
Reported in : (1982)ILLJ330SC; 1982(1)SCALE466; (1982)1SCC645; [1982]3SCR251; 1982(14)LC344(SC); AIR1982SC854
..... this treatment according to the appellant was so unfair that it prompted persons who were victims of this unfair treatment by the railway administration to form a union named southern railway construction workers union, ernakulam, of which the appellant was the general secretary. the union submitted a charter of demands which presumably ..... transfer he joined in the office of inspector of work at mangalore and since then he has been in continuous employment in the construction branch of the southern railway till the date of his illegal termination of service on october 8, 1974. these averments are incontrovertible and have not rightly been controverted ..... concerned had acquired a status higher than casual labour, say temporary railway servant. and again construction unit is regular unit all over the indian railways. it is a permanent unit and cannot be equated to project. therefore, the averment of the railway administration that the appellant was working on project cannot be accepted. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC917; [1982(44)FLR317]; (1982)ILLJ465SC; 1982(1)SCALE316; (1982)2SCC7; [1982]3SCR411; 1982(1)SLJ466(SC)
..... so understood, 'whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorised ought not (unless expressly prohibited) to be held by judicial construction, to be ultra vires.' (see attorney-general v. great eastern ry. co. 5 appeal cases 473. the central board has, therefore, the power to make service regulations under section 58 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1107; 1982LabIC876; (1982)IILLJ259SC; 1982(1)SCALE342; (1982)2SCC273; [1982]3SCR628; 1982(1)SLJ604(SC); 1982(14)LC445(SC)
..... (appointed under the b.s.os) service rules, 1978 which fixed the age of superannuation of village officers at 60 years were not applicable to them since on a true construction of the said rules, they were inapplicable to them. the high court of madras allowed the said writ petitions by its judgment dated august 18, 1980 holding: 'we have ..... case of pensionable servants in november, 1957. here again, sub-rules (1) and (2) of rule 149 dealt with temporary railway servants and apprentices. rule 149(3) read thus:149 (3) other railway servants :the services of other railway servants shall be liable to termination on notice on either side for the periods shown below. such notice is nor however, required ..... parshotam lal dhingra's case (supra) was reviewed by a bench of seven judges of this court in moti ram deka etc. v. general manager, n.e.f. railways, maligaon, pandu etc. : (1964)iillj467sc in that case the question which arose for consideration was whether rules 148(3) and 149(3) of the indian .....
Tag this Judgment!Court : US Supreme Court
..... , could not express judgment as to the legal consequences of such collaboration, if it occurred." id. at 387 u. s. 84 . the silas mason case turned on issues of statutory construction. it is even more important that we take a similar course in cases like dombrowski, which involved speech or debate clause immunity, and in this one, which poses difficult first .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... elsewhere in his regression model: the estimated homicide arrest rate, the estimated homicide conviction rate, and the estimated number of homicides. klein showed that with this construction of the execution rate, a very small error in the estimates, of any of these three variables produced unusually strong spurious appearances of a deterrent effect. ..... capital punishment deters homicide' and added : 'our finding that capital punishment does not deter homicide is remarkably robust with respect to a wide range of alternative constructions.' it will thus be seen that the validity of ehrlich's study which has been relied upon very strongly by sarkaria, j. in the majority judgment ..... of time between the trial court's award of death sentence and the final disposal of the appeal? with some judges, motives, pro vocations, primary or constructive guilt, mental disturbance and old feuds, the savagery of the murderous moment or the plan which has preceded the killing, the social milieu, the sublimated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1461; 1982CriLJ1941; 1982(1)SCALE654; (1982)3SCC128; 1982(14)LC590(SC)
ORDER1. Anjuman Isnai Ashria, a society registered under the Societies Registration Act filed a suit against one Shanti Sarup Gupta in the Court of the Senior Sub-Judge, Delhi, for possession of property particularly demarcated in red colour in the map annexed to the plaint. This suit ended in a decree. By the decree defendant had to hand over vacant and peaceful possession of the property. He was, however, entitled to demolish the super-structure raised by him on the suit property. Defendant preferred an appeal in the District Court which came to be dismissed on April 3, 1979. The second appeal preferred by the defendant was dismissed by the High Court of Delhi in limine. Thereupon the defendant approached this Court under Article 136 of the Constitution. The Vacation Judge of this Court made the following order :Special Leave Petition refused. But by consent of parties, petitioner is granted time for two years, i.e. up to 31st May, 1981, to vacate and handover premises on his filing ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)
..... the same can be examined with precision. therefore, the expression 'corps' in rule 40 is not synonymous with the expression 'army corps' and it must receive a restricted construction with narrow connotation as explained in rule 187 (3).32. there are two further requirements to be complied with while setting up a general court martial. section 113 provides ..... of the same effect as if contained in the act. they continue to be rules subordinate to the act and though for certain purposes, including the purpose of construction, they are to be treated as if contained in the act, their true nature as subordinate rule is not lost.20. the same question came up before a ..... prescribed for trial by the general court martial under the act would have be violative of article 21. approach, it was urged, must be to put such liberal construction' on rule 40 as to sub-serve the mandate of article 21. army, with its total commitment to national independence against foreign invasion must equally be assured the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)
..... , the delhi administration and the delhi development authority to ensure that this constitutional obligation is obeyed by the contractors to whom they have entrusted the construction work of the various asiad projects. the union of india, the delhi administration and the delhi development authority cannot fold their hands in despair and ..... by the petitioners are employees of the contractors but the union of india, the delhi administration and the delhi development authority which have entrusted the construction work of asiad projects to the contractors cannot escape their obligation for observance of the various labour laws by the contractors. so far as the contract ..... arrangements for workers employed by delhi development authority or its contractors' which provided for various facilities to be given to the workers employed in the construction work and also ensured to them payment of minimum wage the delhi administration was not so categorical as the delhi development authority in regard to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC75; [1983]53CompCas184(SC); (1983)1CompLJ1(SC); (1983)ILLJ45SC; (1983)IIMLJ1(SC); 1982(2)SCALE1144; (1983)1SCC228; [1983]1SCR922
..... or winding-up under the supervision of the court would go on without any such contest although in all cases ultimately the workers will be discharged from service. a construction which leads to such a discriminatory result should be avoided.38. when once we extend the right to contest a winding-up petition to workers either on the principle ..... aid of the principles laid down by some of the leading english cases like salomon v. salomon & co. [1897] a.c. 22 laying down the principle of corporate personality, ashbury railway carriage & iron co. v. riche [1875] l.r. 7 h.l. 653 dealing with the rule of ultra vires, royal british bank v. turguand [1856] 6 e & b ..... of the statute to ascertain its proper meaning unifluenced by any consideration derived from the provisions of the english law upon which it may have been founded principles of construction of a statute are well settled.86. it is significant to note that no decision of any court in india could be cited where the claim of an employee .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC383; 1983(1)SCALE152; (1983)2SCC195; [1983]2SCR418
..... the road system, prevention of uneconomic competition among motor vehicles, fixation of reasonable fare, compliance by motor vehicles with the prescribed time table, construction of bus stands with necessary amenities, maintenance of standards of comfort and cleanliness in the vehicles, development of inter-state tourist traffic and several ..... or limited productive resources. motor transport involves a huge capital investment on motor vehicles, training of competent drivers and mechanics establishment of workshops, construction of safe roads and bridges, deployment of sufficient number of policemen to preserve law and order and several other matters. to say that larger ..... of road transport service by state transport undertakings in any area or on any route to the exclusion, complete or partial of other persons, construction, equipment and maintenance of motor vehicles, control of traffic, insurance of motor vehicles against third party risks and offences, penalties and procedure. the .....
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