Court : Supreme Court of India
Reported in : AIR1985SC357; (1985)87BOMLR151; [1985(50)FLR458]; 1985LabIC666; (1987)IILLJ217SC; 1985MhLJ646(SC); 1984(2)SCALE978; (1985)1SCC206; [1985]2SCR373; 1985(1)SLJ309(SC); 1985(17
..... exhaustively examining the evidence held that the workmen covered by the reference would be comprehended in the definition of expression 'dock workers' as defined in the dock workers (regulation of employment) act and as they were working at mormugao port which is a major port, in respect of the industrial dispute raised by ..... no jurisdiction to entertain the same. the association attempted to repell this contention by urging that the workmen were dock workers within the meaning of the expression in dock workers (regulation of employment) act, 1948 and as they are working in a major port, the central government will be the appropriate government in ..... concerning the major port within the meaning of section 2(a)(i) of the industrial disputes act, 1947 nor are the workmen comprehended in the expression 'dock workers' as defined in the dock workers (regulation of employment) act 1948 and therefore, the central government is not the appropriate government for referring the industrial dispute .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC353; (1958)ILLJ500SC; [1958]1SCR1156
..... may belong, is not an industrial dispute within the meaning of a. 2 (k). as isaacs j. observed in the australian case of george hudson ltd. v. australian timber workers' union(1): "the very nature of, an i industrial dispute' as distinguished from an individual dispute, is to obtain new industrial conditions, not merely for the specific individuals then ..... considered the question if an individual dispute of a workman was within the definition of an industrial dispute. the decision in c. p. transport services ltd. v. raghunath (1), related to the c. p. and berar industrial disputes settlement act (no. xxiii of 1947) and the decision in newspapers ltd. v. state industrial tribunal, u. p.(2), to the u. ..... a member; (b) an officer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated; and (c) where the worker is not a member of any trade union, by an officer of any trade union connected with, or by any other workman employed in the industry in which the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1672; 1976CriLJ1361; (1976)3SCC252; [1976]SuppSCR524
..... complainant in any case in and the witnesses, the latter which the complaint has been need not re-examine them. made by a court or by a public servant acting or purporting to act in the discharge of his official duties; (b) where the magistrate is a presidency magistrate, such examination may be on oath or not as the magistrate in each ..... is made in writing, the magistrate need not examine the complainant and the witnesses -- (a) when the complaint is made in (a) if a public servant acting or writing, nothing herein contained purporting to act in the discharge shall be deemed to require a of his official duties or a court magistrate to examine the has made the complaint; or complainant before .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)1CALLT31(SC); 1997(3)CTC354; JT1997(9)SC54; (1998)ILLJ274SC; (1998)IIMLJ33(SC); 1998(1)MPLJ12; 1997(6)SCALE652; (1998)1SCC86; [1997]Supp5SCR57
..... the company's aircraft. while piloting one of the company's aeroplanes, lee was killed. his widow claimed compensation for his death under the new zealand workers compensation act. 1922 against the company. the privy council had to examine the question whether lee even though being a governing director of the company could still be ..... have been indicated, there was no such impossibility. the respondent company and the deceased were separate legal entities, their lordships consider, therefore, that the deceased was a worker. 16. in this connection we may also usefully refer to the decision of the court of appeal in the case of bolting v. cinematograph association etc., (supra ..... necessary to note the backdrop facts leading to these proceedings.background facts.2. respondent is a private limited company incorporated under the companies act, 1956. it is engaged in the manufacture of motor seats. its factory at the relevant time was located in m.i.d.c. nagpur. it also had a branch factory at .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146
..... fix the price and does not determine the person to whom it is to be sold or the manner in which it is to be transported. the various provisions of the market act for regulating sale, purchase and storage of free sugar would, therefore, be available and the capacity of market committee to regulate these transactions ..... , determine price of levy sugar, provide for packing in bags in quantities of 100 kgs., provide for transport under a permit issued by the central government/state government when sold under section 3(2)(f) of essential commodities act, 1950(levy sugar) and specifications of dealer for supply of levy sugar. as far as free sugar ..... for carrying out the purposes of the act.19. section 3 thereof deals with establishment of sugarcane board. section 4 lays down the functions of the board-(1) the board shall advise the state government on the following matters, namely:(a) planning of development schemes connected with production, research, transport and sale of sugarcane;(b) matters .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1969(1)LC249(SC)
..... terminal services performed before the journey commenced and was completed at the destination. both haulage and terminal services were thus considered as inseparable parts of the total transportation services. the committee made a recommendation that the terminal charges as such should be abolished but that that fact should be taken into consideration, in evolving ..... . the effect of the omission of the words 'other than standardised terminal charges' from clause (c) of sub-section (1) of section 41 of the act as it stood before the amendments was to enlarge the tribunal's jurisdiction to examine the reasonableness of any charge inclusive of charges for terminal services. there could ..... 2a of 1960 it was statedthat these rates had been fixed on the basis of rates and chargesnotified by the central government under section 29 of the act. itis unnecessary to give the other details contained in the reply ofthe respondent relating to the services rendered and the mannerin which the rates were fixed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(6)ALLMR(SC)450; 2008(5)BomCR763; JT2008(9)SC605; 2008(12)SCALE194; 2008AIRSCW6146
..... in short the `constitution') cannot be lost sight of. it is submitted that there is congestion and pressure on the infrastructure facilities such as, sewerage, water, transport.the fire safety requirements cannot be adhered to in the cramped areas. with the increased inflow of persons into the island city of mumbai, the quality of life ..... and, wherever necessary, reconstructed and for that purpose, it created the bombay building, repairs and reconstruction board by passing the bombay building repairs and reconstruction board act (act no. xlvii of 1969). one of the main reasons for this large number of unattended buildings has been the freezing of the rent under the bombay rents, ..... were frozen at 1939 levels, initially under the bombay rent restriction act, 1939 and subsequently at 1940 levels under the bombay rent act 1947. as a result of the freezing of rents on the one hand and increase in prices of building materials, wages of workers etc. on the other, it was impossible for the landlords .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2348; 1995(1)ALT(Cri)674; 1995CriLJ3994; (1995)2GLR992; JT1995(2)SC587; 1995(2)SCALE200; (1995)2SCC584; [1995]2SCR638; 1995(2)LC93(SC)
..... under article 142 is at an entirely different level and of a different quality. prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under article 142. such prohibitions or limitations in the statutes might embody and reflect the scheme of a ..... life in the society. it is for this purpose that the courts are entrusteddis-servicewith the extra-ordinary power of punishing those who indulge in acts whether inside or outside the courts, which tend to undermine their authority and bring them in disrepute and disrespect by scandalising them and obstructing them ..... to the maintainability 'of initiating contempt proceedings' against him. his first objection was to the assumption of jurisdiction by the court to punish for an act of contempt committed in respect of another court of record which is invested with identical and independent power for punishing for contempt of itself. according to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1241; [1964]1SCR371
..... the following paragraph may be added as paragraph 9a, which is as follows :- 'alternatively the plaintiff submits that the coal bearing areas (acquisition and development) act (act xx of 1957) on its true construction does not apply to the lands vested in or owned by the plaintiff the state of west bengal. further the ..... bengal, is power to acquire in exercise of authority conferred by sections 6, 7 and 9 of the coal bearing areas (acquisition and development) act, 1957. the act was enacted for establishing in the economic interest of india greater public control over the coal mining industry and its development by providing for the ..... never joined the proposed federation and the part dealing with federation never became effective. the central government as it was originally constituted under the government of india act, 1919, with some modification continued to function. but in the provinces certain alterations were made. certain departments were administered with the aid of ministers, who .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC737; [1990]67CompCas607(SC); (1990)1CompLJ208(SC); 1989(2)SCALE1437; (1990)1SCC536; [1989]Supp2SCR545; 1990(1)LC448(SC)
..... 'members' for the purposes of section 210 of the 1949 act: re cuthburt cooper & sons ltd. [1937] ch. 392; re meyer douglas ltd. 1965 v.r. 635.23. we do not agree for the reason mentioned ..... it would not be just construction to deny the legal representatives of the deceased member the right to maintain a petition under sections 397 and 398 of the act must be strictly construed.it appears doubtful whether personal representatives of deceased shareholders, who themselves are not, or cannot become, registered shareholders, can be regarded as ..... ltd.'s case (supra) has also been referred to and it was observed that for the purpose of the petition under section 210 of the english companies act, 'member' includes the personal representatives of a deceased member. buckley also notes that this decision referred herein was reversed without affecting this point by the court .....
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