Court : Orissa
Reported in : AIR1951Ori1; 17(1951)CLT10
..... essence, the district board was concerned with safeguarding the public roads whereas the transport authorities were concerned with the regulation of traffic in the interests of public safety and convenience. thus when the objects of schedule 2 of the central act ..... see section 112 (1) (i) ). the regulation of traffic with a view to provide for the convenience of passengers or for preventing unhealthy competition amongst rival transport services was not the function of the district board. it is true that there is overlapping of the functions of the two bodies to some extent, but in ..... deals specifically with the control of those motor vehicles which carry passengers or goods for hire or reward. section 42 prohibits the owner of a transport vehicle from using it except in accordance with the conditions of a permit granted by the appropriate transport authority. it is not denied that the petitioner had obtained & permit under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC426; [1969(19)FLR32]; 1970LabIC512; (1969)IILLJ554SC; (1969)2SCC1; [1970]1SCR181
..... a dispute about dismissal and reinstatement, it would be outside the words of the definition 'in connection with employment or non-employment'.a similar question was canvassed in central provinces transport services ltd. v. raghunath : (1957)illj27sc in connection with the c.p. & berar industrial disputes settlement act, xxiii of 1947. section 2(10) of that act ..... representation which is the basis for the rule must be clear and unambiguous and not indefinite, upon which the party relying on it is said to have, in good faith and in belief of it, acted. the statement of account prepared at the time when the respondent gave the said receipt appears to indicate that the benefit ..... told that unless he passed a receipt in full settlement of his claims, the letter of acceptance would not be issued to him. there appear to be two good reasons why the respondent's case cannot be easily discarded. firstly, since his resignation was accepted with effect from october 21, 1963 and even a letter to that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1453; (1969)2SCC166; [1970]1SCR479
..... reserve bank of india, the price at which any gold may be bought or sold, and(b) regulate by licences, permits or otherwise, the manufacture, distribution, transport, acquisition, possession, transfer disposal, use or consumption of gold.4. chapter iii contains a number of restrictions relating to the manufacture, acquisition, possession or delivery ..... (c) a group of productive or profit making enterprises or organisations that have a similar technological structure of production and that produce or supply technically substitutable goods, services or sources of income.' it was said that if the word 'industries' is construed in this wide sense, entry 27 of list ii ..... in section 2(j) of the industrial disputes act, 1947 should be construed as an activity systematically or habitually undertaken for production and distribution of goods or for rendering material services to the community at large and that such an activity generally involved cooperation of the employer and the employees and its .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All16; 1973LC7(Allahabad)
..... provision of this act or any rule or order made thereunder; (b) any conveyance or animal which has been, or is being, or is attempted to be, used for the transport of any gold in relation to which any provision of this act or any rule or order made thereunder has been, or is being, or is attempted to be, contravened ..... contravened then, he may seize- (a) such gold alone with the package, covering or receptacle if any (and the contents thereof) in which the gold is found; (b) any other goods in which any quantity of such gold has been mixed. (2) any gold control officer may seize- (a) any document or other thine which, in his opinion will be useful ..... to fill these orders. these words refer to a future uncertain time and indicate, in my opinion, that export orders will be received in future, and that delivery of the goods will be required......... thewords 'as and when' are not synonymous with the word 'if'.'11. ttte above meaning was given to the phrase 'as and when' in the case of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... and social programme the state is to own or control the key industries and services, mineral resources, railways, waterways, shipping and other means of public transport. in 1945 the working committee said that the concentration of wealth and power in the hands of individuals and groups was to be prevented. social control ..... that the constitution imposed against laws which contravened these rights and the effective remedy supplied under article 32. indeed the framers of the constitution took good care not to confer the fundamental rights in absolute terms because that was impractical. knowing human capacity for distorting and misusing all liberties and freedoms, ..... constitution fourth amendment act was intended to remove the barriers of articles 14, 19 and 31(2) in respect of land legislation considered essential for public good. 1097. state legislatures cannot remove the fetter. they have no power to amend the constitution. parliament cannot remove the fetter by ordinary law. by amendment .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori132
..... under section 3a;(c) 'industrial concern' means any concern engaged or to be engaged in the manufacture, preservation or processing of goods or in mining or in the hotel industry or in the transport of passengers or goods by road or by water or in the generation or distribution of electricity or any other form of power or in the development ..... of any continuous area of land as an industrial estate.explanation.-- the expression 'processing of goods' includes any an or process for producing, ..... . v. state of punjab) which now stands overruled in air 1974 sc 2009. the aforesaid four bench decisions of this court can no longer be held to be good law as they would be in direct conflict with air 1974 sc 2009 and are hereby overruled.11. a constitution bench of five judges also declared the tamil nadu land .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori103
..... they were filed. in rejecting this contention, their lordships stated as follows:--'............this power does not depend upon the presentation of an application by the state transport undertaking for a permit. this power is exercisable when it is brought to the notice of the authority that there is an approved, scheme and, to give ..... applications were filed before approval of the scheme regional transport authority could not exercise its power to refuse to entertain his applications because the point of time indicated by the word 'entertain' refers to the time when ..... 2) (a) runs as follows :--'(2) for the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the regional transport authority may, by order,--(a) refuse to entertain any application for the renewal of any other permit.'it was argued on behalf of the petitioner that as his .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori51
..... reward, or(b) for organised racing and speed testing, or(c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or(d) without side-car being attached, where the vehicle is a motorcycle; or (ii) a condition excluding driving by a named person or persons or by any person .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... with the air, defective or unhealthy packaging may cause damage to all consumers of goods and so also illegal raising of railway or bus fares may affect the entire public which wants to use the railway or bus as a means of transport. in cases of this kind it would not be possible to say that any ..... reliefs reliance was placed upon two decisions of this court, namely, shewpujanrai indrasanrai ltd. v. the collector of customs : 1958crilj1355 and y. mahaboob sheriff v. mysore state transport authority : [1960]2scr146 .630. on the other hand, counsel for the contesting respondents denied that the appointing authority has failed to discharge its obligation to provide adequate ..... were severable and they were struck down and order was upheld. in this connection, reliance was also placed on the decision of y. mahaboob sheriff v. mysore state transport authority : [1960]2scr146 wherein the question was whether a permit granted for one year was according to law. section 58(1)(a) read with section 58(2 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
..... that would fall within the purview of article 301. in view of the great impact of the judgment, a larger bench was constituted to reconsider the same and in automobile transport (rajasthan) ltd. v. state of rajasthan, air 1962 sc 1406 the aforesaid principle was upheld; but it was clarified that regulatory measure or measures imposing compensatory tax id not come .....
Tag this Judgment!