Court : Supreme Court of India
Reported in : AIR1992SC573; 46(1992)DLT290(SC); JT1991(6)SC373; 1992LabIC332; (1992)ILLJ475SC; 1991(2)SCALE996; (1992)1SCC441; [1991]Supp2SCR267; 1992(1)LC111(SC)
..... in birdhichand sharma v. first civil judge, nagpur and ors. : (1961)iillj86sc , this court considered whether the piece rate worker is a worker within the meaning of section 2(1) of the factories act, 1948. the facts found were that there was no fixed hours. they made payment to the work done at piece rate ..... constituting an effective decree of supervision and control. the benefit of the said act was extended to beedi workers employed through contractors and the question arose whether such workers came within the definition of 'employee' in section 2(f) of the said act. the definition of the word 'employee' provided that it shall include any ..... and ors. : (1986)illj88sc , rendered in the context of the employees provident fund and miscellaneous provisions act, 1952 was pressed into service on behalf of the appellants to contend that when rolled beedis, prepared by the workers elsewhere, were placed for acceptance or rejection, conforming to the standards envisaged by the manufacturers, that in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216
..... petition under article 226 of the constitution, which was allowed by the learned single judge. the division bench referred to section 11(2) of the epf act and held that the workers dues will have priority over other debts. speaking for the bench, b.n. srikrishna, cj (as he then was) observed as under:sub-section (2 ..... the secured creditor. by enacting various provisos to sub-section (9), the legislature has ensured that priority given to the claim of workers of a company in liquidation under section 529a of the companies act, 1956 vis a vis secured creditors like banks is duly respected. this is the reason why first of the five unnumbered provisos ..... part of the distribution mechanism evolved by the legislature and are intended to protect and preserve the right of the workers of a company in liquidation whose assets are subjected to the provisions of the securitisation act and are disposed of by the secured creditor in accordance with section 13 thereof.33. the non obstante clauses contained .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1
..... in the states and hence they adopted this article, even though it was analogous to the hated section 93 which disfigured the government of india act, 1935 symbolising british dominance over nationalist aspirations. the constitution makers, conscious as they were of the serious consequences flowing from the exercise of this ..... seem to govern the exercise of extraordinary powers conferred by article 356(1) on the highest executive authorities of the indian union who are expected to act with the utmost sense of responsibility. such a consideration, combined with the existence of parliamentary control on the exercise of such powers by ministers responsible ..... high court, quite rightly observed:it is not possible for the court to assess the political forces and compulsions which necessitated any political party to act.........the executive and the judiciary are independent of each other within their respective spheres. each is conversant with the peculiar circumstances within its own sphere and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)
..... 21(6) of the bengal immunity co. ltd. (acquisition & t.o.u.) act, 1984, section 19(6) of the bird & company ltd. (acquisition etc.) act, 1980, section 12(3)(d) of the cine workers etc. (regulation of employment) act, 1981, section 37(2) of the emigration act, 1983,s.13(5) of the consumer protection act, 1986, section 14 of the sick industrial companies (special provisions ..... ) act, 1985, section 19 of the illegal migrants (determination by tribunals) act, 1983 and section 95 of the coast .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3106; JT2006(8)SC293; 2006(6)KarLJ457; 2006(8)SCALE710; (2006)11SCC731
..... held by this court that a writ of quo warranto can only be issued when the appointment is contrary to the statutory rules. the judgment in mor modern coop. transport society ltd. v. financial commissioner & secretary to government of haryana : [2002]supp1scr87 was also relied on.thus it is seen that writ of quo warranto lies if ..... in appointing the appellant as managing director of a statutory board wherein public interest is involved. the purpose, according to him, is to espouse the cause of the workers. therefore, the writ petitioners were employees of the board and cannot be considered as wayfarers and that the employees approached the high court in public interest and have ..... quo warranto.25. in the instant case, the power to appoint the managing director of the board is vested in the board under 4(2) of the act. neither the act nor the rule prescribed any mode of appointment or tenure of appointment. when the mode of appointment, tenure of appointment have been left to the discretion of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)BomCR774; JT2008(9)SC551; 2008(11)SCALE391; (2008)9SCC720; 2008(2)LC1155(SC); 2008(6)Supreme89
..... distinction made between governmental functions and commercial functions to interpret section 3(1) is erroneous. according to the learned counsel, government operates in railways, transport and energy sectors. it operates via departments, government companies and statutory corporations. when it operates through its department like bureau of public enterprises the matter ..... on various statutes which have defined psus to include government companies. one such statute is 'building and other construction workers (regulation of employment and conditions of service) act, 1996' which defines psus under section 2(1)(a)(ii) as any corporation established by or under any central or state ..... state of maharashtra and anr. : air1998sc602 the supreme court held that the provisions of the bombay rents, hotel and lodging house rates control act, 1947 ('1947 act') relating to the determination and fixation of standard rent on account of inflation and price rise could no longer be considered to be reasonable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1
..... act, 1888 by maharashtra act 14 of 1961. that chapter contains sections 105a and 105b. according to the provisions of those sections the commissioner in relation to premises belonging to or vesting in, or taken on lease by the corporation and the general manager (also defined as the commissioner) of the bombay electric supply and transport ..... by general or special order in writing, direct.a number of persons were tried by the special courts constituted under section 3 of that act. the act was entitled 'an act to provide for the speedier trial of certain offences' and the preamble declared that 'it is expedient to provide for the speedier trial of ..... court in northern india caterers ltd. v. state of punjab : [1967]3scr399 was the punjab public premises and land (eviction and rent recovery) act, 1959. this act laid down a special procedure for eviction of unauthorised occupants from public premises. the constitutional validity of the enactment of this special procedure was challenged before .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC339; 1979CriLJ333; (1979)1SCC345; [1979]2SCR306; 1979(11)LC124(SC)
V.D. Tulzapurkar, J.1. This appeal by special leave is directed against the order of the Punjab and Haryana High Court in Criminal Revision No. 909 of 1977, whereby the High Court confirmed the order passed by the Additional Sessions Judge, Ludhiana on October 19, 1977 directing that the attendance of the two appellants (Joginder Singh and Ram Singh) be procured and they be ordered to stand trial together with three accused who had been committed to his Court to stand their trial for offences under Sections 452, 308 and 323 each read with 34 I.P.C.2. The facts giving rise to the appeal may be stated thus : At the instance of one Mohinder Singh a criminal case was registered at Police Station Dakha against Joginder Singh, Ram Singh (the two appellants), Bhan Singh, Darshan Singh and Ranjit Singh on the allegation that each one armed with a 'Toki' had entered his house on April 30, 1977 at 10.00 a.m. and had caused a number of injuries to Ajaib Singh and Bir Singh who were present in the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1281; 1999(3)BLJR2330; 1999(2)CTC722; JT1999(2)SC200; 1999(1)KLT836(SC); 1999(2)SCALE65; (1999)3SCC422; [1999]1SCR1121
..... have been extended before the expiry of the original term. this view, in our opinion, is wholly erroneous and contrary to the mandatory provisions contained in the act and the rules framed thereunder. the impugned judgment cannot, therefore, be sustained. the appeal is consequently allowed and the judgment passed by the high court is ..... written submissions have referred to dictionary meaning of the word 'confirm' or 'confirmation' in support of their argument that it has the effect of validating the earlier act. we appreciate their effort and add to their research the maxim, 'confirmation omnes supplest defectus, licet id quod actum est ab initio non valuit'. (confirmation supplies ..... advocates on the electoral roll of the state bar council,to discharge the functions of the state bar council until the bar council is constituted under this act.(2) on the constitution of the special committee and until the state bar council is constituted -(a) all properties and assets vesting in the state bar .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC342; (1992)108CTR(SC)294; (1993)1GLR183; [1993]201ITR422(SC); 1992(3)SCALE166; (1992)4SCC742; [1992]Supp3SCR56
..... additional 15% is in the nature of solatium for compulsory acquisition of the property. the proceedings are akin to those of acquisition under the land acquisition act and the compensation payable is quantified in this manner. section 269k requires the central government to tender the amount of compensation so payable to the person ..... any building or part thereof which has been constructed or which is to be constructed, not being a transaction required to be registered under the registration act, 1908. section 269b provides for appointment of competent authority for the purpose of the chapter, section 269c empowers the competent authority to initiate proceedings for ..... and the provision for acquisition of property made therein for a public purpose. we may here mention that subsequently chapter xx-c was inserted by the finance act, 1986 with effect from october 1, -1986 providing for purchase by central government of immovable properties in certain cases of transfer and, therefore, chapter .....
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