Court : Supreme Court of India
Reported in : AIR1963SC1098; [1964]1SCR220
..... the question of the twelve partially overlapping routes for a subsequent scheme. the final scheme as published under s. 68d(3) of the act was set aside and the regional transport authority was directed not to implement it until it was regularised in accordance with law. 4. the matter then went back to the legal ..... were entirely on jodhpur-bilara, beawar-ajmer road, namely, jodhpur-bilara, bilara-beawar, and beawar-ajmer, and as required by r. 3 of the rajasthan state road transport services (development) rules, 1960, (hereinafter referred to as the rules), the names of the permit-holders on these three overlapping routes with their permits were also specified ..... 1. this petition under art. 32 of the constitution challenges the constitutionality of a scheme finalised under s. 68d(3) of the motor vehicles act, no. iv of 1939, (hereinafter referred to as the act) in the state of rajasthan. the petitioners are holders of stage-carriage permits on jodhpur-bilara and bilara-beawar routes. a draft .....
Tag this Judgment!Court : Karnataka
Reported in : II(2001)ACC608; 2001(3)KarLJ212
..... of a permit issued by the state or rta or an authority prescribed in this behalf under those act authorising the use of the motor vehicles act. chapter v deals with control of transport vehicles. section 68 provides for transport authorities and section 69 deals with general provision as to application for permits. the grant of a stage ..... court in m/s. adarsh travels bus service's case, supra, in support of his contention. once a scheme under the motor vehicles act came into operation no person other than the state transport undertaking could operate in the notified area or the notified routes except as provided in the route (sic scheme) itself. he ..... facts of the present case. learned counsel also made grievance by alleging non-compliance with the provisions of the motor vehicles act in the matter of granting extension of trips. the order of the state transport authority indicates that parties were heard and prima facie there was compliance of the requirements of the provisions of section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1024; (1969)1SCC408; [1969]3SCR417
..... . 37, 40, 41, 45 and 48. among them the most important witness is p.w. 45 sukhbir singh. he claims to have worked for the respondent and transported voters to the polling station in the truck in question. further he deposed that he hired that truck from 'achaltar truck operators' union' hathras. it is now definitely ..... findings, large number of witnesses were examined to show that considerable quantity of wheat, atta, sugar and ghee had been purchased by the respondent for feeding his workers and the expenses incurred for that purpose had not been included in the return of expenses. their evidence has not been believed by the trial court. we have ..... returned candidate whose election is challenged resigns or when the assembly is dissolved. as the law relating to abatements and withdrawal is exhaustively dealt with in the act itself no reliance can be placed on the provisions of the civil procedure code nor did the learned counsel for the respondent bring to our notice any provision in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR680; 1999(3)BomCR454; (1999)2BOMLR399
..... prosperity of the firm is foreseeable this speculative application has been filed.14. to further establish his case, mr. dwarkadas referred to various other provisions of the act. section 114 provides for share warrants. section 114(3) makes it transferable by delivery. section 41 defines member. by virtue of section 41, sub-section ..... appointed ms. haresh upendra & co., as the chartered accountants for assisting the official liquidator in preparing his report as required under section 394 of the companies act, 1956. the official liquidator submitted his report on 30th november, 1998. in this report is clearly stated that the transferor company is a wholly owned subsidiary ..... chawlas and they cannot have any cause of action, against aviat or sant.7. additionally it is stated that aviat is a company incorporated under the companies act, 1956, on 4-1-1996 with the object, inter alia, of manufacture, sale and distribution of drugs and pharmaceutical products. aviat acquired brands, initially, .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)ILLJ397Bom
..... the case of some of the categories the said committee has introduced categories the said committee has introduced efficiency bars where none existed and that many of the workers have been adversely affected by reason thereof. efficiency bars have been introduced by the committee in the case of a large number of categories where none existed ..... scales be adopted :- rs. firemen ... 100 - 5 - 150 senior firemen ... 135 - 5 - 160 tindal ... 150 - 7 - 185 driver ... 160 - 8 - 200 sub-officer ... 220 - 10 - 250 motor mechanic ... 250 - 10 - 350 fitter ... 120 - 6 - 180 carpenter ... 110 - 5 - 160 mochee ... 80 - 4 - 120 increments year of service increments 1 ... 1 1 to 3 ... 2 3 ..... and overtime wages, pay-scales, etc. 2. the demands in this reference relate to members of the fire brigade service. chapter xiv of the bombay municipal corporation act provides for the maintenance of the municipal fire brigade and s. 359(1) contained in the said chapter reads as follows : 'with a view to the discharge .....
Tag this Judgment!Court : Karnataka
Reported in : 1980(1)KarLJ200; (1980)ILLJ123Kant
..... of coffee produced in india; and (e) to meet the expenses for securing better working conditions and the provisions and improvement of amenities and incentives for workers.' section 32 specifies the sources of the pool fund and regulates its application. section 34 provides for payment of money to registered owners from the pool fund ..... hands are also of the central government.' regarding industrial finance corporation also, the conclusion reached was as follows : '59. these provisions of the industrial finance corporation act show that the corporation is in in effect managed and controlled by the central government.' mathew j., in his separate concurring judgment also expressed the same view as ..... employees of the board. they also referred to the figures showing the payment of amount to which the appellants were entitled to under s. 34 of the act during the relevant years and the short payment caused by the payment of bonus to the employees engaged in the marketing of the coffee. they are as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC2314; JT1996(2)SC10; 1996(1)SCALE697; (1996)3SCC158; [1996]2SCR156
..... five official witnesses, the court below has correctly, in our view laid stress on the evidence and contemporaneous reports of pw 12 mr. r.s. mann, ias, secretary, transport department, punjab, who was deputed as observer of election commission. pw 12 sent a detailed report to the secretary, election commission of india dated 21,6.1987 along with annexures ..... of harassment of the counting staff as well as of the congress counting agents and also or malpractices like mutilating and marking the ballot papers by the lok dal workers had been received.... at about 4.50 p.m.i received a message from the chief electoral officer (original copy enclosed as annexure i).... as i moved round ..... appellant and his henchmen and the high court was justified in holding so, and (iii) it is true that in view of section 8-a of the act (enacted by act 40 of 1975 with effect from 6.8.1975), that the question regarding determination of disqualification is left to the president and the high court was not justified .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)429; (1997)138CTR(SC)214; [1997]223ITR825(SC); JT1997(1)SC155; 1996(9)SCALE225; (1997)1SCC352; [1996]Supp9SCR775
..... the assessee and a few high courts taking the contrary view. there was no decision of the supreme court on this question. the taxation laws (amendment) act which introduced the said explanation does not say that the said explanation shall have effect retrospectively. the question is whether the said explanation is merely declaratory and clarificatory ..... the appellant-assessee, strongly relies upon this decision and commends it for our acceptance. learned counsel points out that even before the enactment of taxation laws (amendment) act, 1984 (which inserted explanation 2 aforesaid), a majority of the high courts in the country had taken the same view though a few high courts have no ..... the business must be regarded as portion of the profits being made over as a reward for the human capital brought in. section 13 of the partnership act brings into focus this basis of partnership business.8. this court also quoted with approval the passage from lindley on the law of partnership to the effect: .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3474; (1987)ILLJ300Kant
..... and ors., 1978 i llj 487 the settlements which came up for consideration before the supreme court were not settlements under section 12(3) of the act.in workers and staff association of government soap factory v. state of mysore and anr., 1971 i lab. i.c 79 a settlement between the management and the ..... in the absence of any order transferring the proceedings to his file and the impugned settlement has ignored certain important demands of the workmen like provision for transport facilities, washing allowance and reinstatement of a number of workmen whose services had been illegally terminated ; certain other demands had been turned down and more ..... 1. the validity of the settlement under section 12(3) of the industrial disputes act, 1947 (in short the act) read with rule 59 of the rules framed by the state government under the act entered into between the fourth respondent-management of motor industries co. ltd., (in short the management) and the mico employees association purporting .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom189; (1963)65BOMLR91; ILR1963Bom594; (1963)ILLJ400Bom
..... . but in any case such a right is available to a recognised union or a_ representative of the employees and not to an individual worker. this lacuna in the state act will have a bearing in considering whether the central legislation and the state legislation are really in respect of the same matter or operate in ..... . even with regard to this aspect of the matter, namely, the content, object and vision of the central act and the c. p. and berar act, their lordships of the supreme court had occasion to pronounce. in c. p. transport service ltd. v. raghunath, (s) : (1957)illj27sc it is observed in paragraph 10 that even though ..... taken, in south arcot electricity distribution co. ltd. v. elum-alai, : (1959)illj624mad in a dispute between the south arcot electricity distribution company and one of its workers. mr. justice balakrishna ayyar, j. held, that section 33c(2) covers monetary benefits which' require computation or determination; that the provisions of subsection (3) of section 33c .....
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