Court : Kolkata
Reported in : I(2001)ACC411,2001ACJ1169,AIR2000Cal276,(2000)3CALLT271(HC),2000(2)CHN416
..... special law would prevail over the relevant general law such as the 1986 act the apex court was further of the opinion that occurred had nothing to do with the service as defined in section 2(0) of the 1986 act and accordingly held that the national commission did not have the jurisdiction to entertain the said application. but ..... of the insurance policy. as held by the supreme court that the claim based upon the insurance policy is related to the 'service' being covered by the provisions of section 14 of the consumer protection act, 1986, the complaint by the owner of the vehicle in question, before the consumer forum was absolutely maintainable and the forum ..... victim preferred an application, claiming. rs.20 lakhs by way of compensation before the national commission under the provisions of the consumer protection act, 1986. in the said decision, it was held that 1988 act, can be said to be a special act in relation to a claims for comepensation arising out of the use of a motor vehicle .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... university; (vii) give undertaking to take up co-curricular activities like seminars, debates, quiz programmes and extracurricular activities like games, sports, national service scheme, national cadet corps etc. for the benefit of students as per the norms laid down by the regulating bodies;(viii) give undertaking for establishment ..... to establish state of the art facilities council established under section 28 offor education and training; the indira gandhi national open unive-4. to carry out teaching and research rsity act, 1985 (central act no.50 ofand offer continuing education pro- 1985);grammes; (d) 'distance education' means5. to create ..... council 'ofsection 3 the object of the university technical education established undershall be- all india council of technical education1. to provide instructions, teaching and act, 1987 (central act no. 52 of 1987);training in higher education and make (b) 'csir' means the council ofprovisions for research, advancement scientific and industrial .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3378; 1993(3)KarLJ219
..... the inspectors.5. tt is submitted by sri r.gururajan, learned counsel for the petitioners, that an employee is not entitled for wages for national and festival holidays unless he has been in service of the employer for a period of 30 days within continuous period of 90 days immediately preceding such holiday. he therefore contends whether or ..... first respondent has no power to adjudicate, the order impugned herein is without jurisdiction. in view of this contention, it is necessary to note section 5 of the act and the same reads as under:'5. wages.- (1) notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed ..... proviso to section 5 provides that in order to become entitled for payment of wages in respect of holidays allowed under section 3 of the act, the employee shall be in the service of the employer for a period of 30 days within a continuous period of 90 days immediately preceding such holiday. however, the very proviso excepts .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker79
..... in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise brings into contempt (whether by words, either spoken or written, or by acts) the indian national flag or the constitution of india or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with ..... , aby j. jose as well as one k. rajesh from puthoor brought to the notice of this court about the misuse of national flag as well as the discourtesy shown to it in various parts of the state by certain service organisations. sri k. rajesh appeared in person. when the matter came up for hearing, i issued notice to the learned advocate .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad111
..... to which some separate reference now becomes essential.(4) these proceeding included within their scope several matters relating to the service terms and conditions of the workmen, such as dearness allowance, pay scales national and festival holidays, casual leave etc. but the points for special mention are these. in accordance with paragraph 8 of ..... forbear from implementing its proceedings no. 2704 dated 28-12-1961, in so far as those proceedings altered the service conditions of the workmen of the board relating to dearness allowance, casual leave, and national and festival holidays. the learned judge, veeraswami j. declined to issue the writ, upon grounds set forth by ..... , were detrimental to the workmen in so far as dearness allowance, national and festival holidays and casual leave facilities are concerned, and are in violation of s. 9-a of the act, since the proceedings which effect a change in the conditions of service, as soon as they come into effect, were not issued with .....
Tag this Judgment!Court : Delhi
Reported in : 2008CriLJ4107
..... of free artistic expression in australia is constrained by defamation law; trade practices laws; the provisions as per the online services act and various state and territory obscenity laws in particular the state summary offences acts which create offences related to the display of indecent, obscene or offensive material. definitions of 'obscene' or 'indecent' ..... the creative fields. such a pernicious trend represents a growing intolerance and divisiveness within the society which pose a threat to the democratic fabric of our nation. it would be relevant to reproduce the observations made by markandey katju j. in himsa virodhak sangh v. mirzapur moti kuresh jamat and ors. : ..... embodied in it.26. a 1994 amendment also brought within the purview of this statute data stored or transmitted electronically. 27. in dpp v. whyte [1972] ac 849 the respondent booksellers were charged with 'having' obscene articles, namely books and magazines for publication for gain. they were acquitted on the basis .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2078
..... m. c. narasimhan that there could not be a private arbitration of disputes arising in public utility service in view of the 2nd proviso to section 10(1) of the act and there could be only adjudication by the national tribunal. the words 'that it would be inexpedient so to do' will have to be given full ..... subsection the central government has the power to refer the disputes to a national tribunal whether or not it is the appropriate government in relation to those disputes.7. cement industry being a public utility service the provisions relating to public utility service under the act should be noted. the first provision is the second proviso to section ..... it.25. as noticed earlier, the industry being a public utility service the petitioner had a corresponding right to have the dispute raised by it adjudicated by an appropriate independent tribunal constituted under the act. on the facts of this case, it was the national tribunal which was competent to adjudicate the dispute. that right of .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3313; (1999)3UPLBEC2347
..... the teaching work was suffering.5. the petitioner was district secretary of bhartiya janta party. he was detained under the national security act as a preventive measure. he has been dismissed from service mainly because of his detention and the consequences flowing from it. two charges were framed against him one that the petitioner was primarily appointed for teaching english to intermediate classes ..... distinction permits separate classification of a person subjected to preventive detention.'18. merely because the petitioner was arrested under the national security act and could not attend the institution due to his detention could not be a ground for dismissing him from service there is no such provision. if a teacher is arrested andsent to jail as preventive measure, then a short term .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1043; 2003(2)ALLMR(SC)1091; 2003(2)ALT22(SC); 95(2003)CLT445(SC); [2003]113CompCas536(SC); (2004)1CompLJ321(SC); 2003(1)CTC409; [2003(96)FLR743]; JT2003(1)SC344; R
..... legislation intended to protect theconsumer from exploitation by unscrupulous manufacturersand traders of consumer goods. a three-tier foracomprising the district forum, the state commission andthe national commission came to be envisaged under theact for readressal of grievances of consumers'.38. the rights of the parties have adequately been safeguarded by reason of ..... about a qualitative change in the attitude of the service provider.assignment of reason excludes or at any rate minimizes the chances of arbitrarinessand the higher forums created under the act can test the correctness thereof.39. the district forum, the state commission and the national commission arenot manned by lay persons. the president ..... upon the words so that the same may haveeffect in their widest amplitude. (emphasis added)10. again in union of india v. harbhajan singh dhillonscr : [1972]83itr582(sc) at p. 51 it was observed as follows: 21. it seems to us that the function of article246(1), rad with entries 1-96 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992(3)Crimes253(SC); JT1992(5)SC163; 1992(2)SCALE442; (1992)4SCC154; [1992]Supp1SCR26; 1992(2)LC757(SC)
..... that burden of proof has not been discharged.2. the grounds of detention are vague. they consist of nothing more than repetition of the sections of the national security act. the vagueness of the grounds would be enough to invalidate the orders of detention as laid down by this court in khudiram das v. the state of ..... been served. the signatures (which are not disputed by the petitioners) had also been obtained acknowledging the receipt of the original documents. besides, the ground of non-service was not even put forth before the advisory board. under these circumstances, the argument that these documents had been brought about for purposes of the case is not ..... tenable. therefore, we hold that there was proper service on 4,2.1992.2. grounds of detention whether vague?17. material facts and circumstances on which orders of detention are based, are stated in the grounds of .....
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