Court : Supreme Court of India
Reported in : AIR2003SC3413; JT2003(3)SC426; 2003(3)SCALE466; (2003)4SCC1; [2003]3SCR143; (2003)2UPLBEC1806
..... than the disputed area, acquired by the act in the central government by virtue of section 3 of the act is absolute with the power of management and administration thereof in accordance with sub-section (1) of section 7 of the act, till its further vesting in any authority or other body or trustees of any trust in accordance with section 6 of the act. ..... this reason that the adjacent area has also been acquired to make available to the successful party that part of it which is considered necessary for proper enjoyment of the fruits of success on the final outcome ..... government no religious activity of any kind by anyone either symbolic or actual including bhumipuja or shila puja, shall be permitted or allowed to take placefurthermore no part of the aforesaid land shall be handed over by the government to anyone and the same shall be retained by the government till the disposal of this writ petition nor shall any part of this land be permitted to be occupied or used for any religious purpose or in connection therewith. ..... section 6(1) of the act enables the central government to transfer its right, title and interest or any of them in the area or any part thereof to any authority or other body, or trusts on such terms and conditions as it may think fit to impose ..... (9) the challenge to acquisition of any part of the adjacent area on the ground that it is unnecessary for achieving the professed objective of settling the long-standing dispute cannot be examined at this stage however, the area .....
Tag this Judgment!Court : Mumbai
Reported in : [2006(111)FLR560]; (2007)1LLJ176Bom
..... provident fund and miscellaneous provisions act, 1952 (19 of 1952) or the life insurance corporation of india established under section 3 of ..... industrial finance corporation of india limited formed and registered under the companies act, 1956 (1 of 1956) or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b, respectively, of the employees' ..... section 7 of the act empowers the appropriate government, by a notification in the official gazette, to constitute one or more labour courts for ..... the second part is a residuary part and says that in respect of all other industries the appropriate government would ..... the first part gives list of industries in respect of which the central government would be regarded ..... (a) of section 2 is divided into two parts. .....
Tag this Judgment!Court : Allahabad
Reported in : (1995)ILLJ703All; (1994)3UPLBEC2007
..... section 24, falling in chapter vii entitled 'miscellaneous' of the act of 1986 clearly provides that the provisions of the act of 1986 shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree of order of any ..... taking such a view, it was held that the liability of the trustees is squarely attracted under the provisions of section 93a of the act and the trustees and the person conducting the hotel is obviously jointly and severally liable to pay the amount ..... -affidavit filed by the respondent it is sated that 'extra remuneration given to the employees were also part of the wages, according to the employees state insurance act, and the employer is also liable to pay contribution on that extra remuneration.'4. ..... in relation to a factory or establishment, transfers that factory or establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the factory or establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any contribution or any other amount payable under this act in respect of the periods upto the date of such transfer'.provided that the liability of ..... and 15 of the writ petition, it is averred that incentive does not form part of the wages and, as such no contribution need be paid by the employer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(2)ALT(Cri)573; 1995CriLJ477; 1994(3)Crimes344(SC); JT1994(5)SC540; 1994(3)SCALE1004; (1994)5SCC410; [1994]Supp3SCR263
..... intent to overawe the government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a ..... meaning assigned to it in section 4, and the expression 'disruptions' shall be construed accordingly; xxx xxx xxx(f) 'notified area' means such area as the state government may, by notification in the official gazette, specify; xxx xxx xxx(h) 'terrorist act' has the meaning assigned to it in sub-section (1) of section 3, and the expression 'terrorist' shall be construed accordingly;'part iipunishments for, and measures forcoping with, terrorist and disruptiveactivities3. ..... any person with intent to aid any terrorist or disruptions, contravenes any provision of, or any rule made under, the arms act, 1959 (54 of 1959), the explosives act, 1884 (4 of 1884), the explosive substances act, 1908 (6 of 1908), or the inflammable substances act, 1952 (20 of 1952), he shall, notwithstanding anything contained in any of the aforesaid acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but ..... part iv contains miscellaneous .....
Tag this Judgment!Court : Gujarat
Reported in : 1972CriLJ388; (1971)GLR968
..... the religious beliefs of that class, that is to say, any matter the publication of which is punishable under section 124a or section 153a or section 295a of the indian penal code, the state government may by notification in the official gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to government and thereupon any police-officer ..... , one of the trustees of shri dinkar mehta shasti poorti lokayat jnankendra trust and this application was numbered miscellaneous criminal application no. ..... . since we are quashing and setting aside the impugned order in these miscellaneous criminal applications, it is not necessary for us to make any order on special criminal application ..... thus emphasized the need for dynamic interpretation of the section appropriate to the modern concept of government and accepted a narrower interpretation than the one given in the earlier cases by laying down that unless the acts or words have a tendency to create public disorder, they cannot be considered seditious, as sedition is essentially an offence against public order.8 ..... court which has jurisdiction over the area comprised in the territorial limits of the state government which passes the order of forfeiture or, can any other high court within whose territorial jurisdiction any part of the cause of action arises for challenging the order of forfeiture also entertain such an application? .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)ILLJ868Cal
..... (15 of 1948) or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3-a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5-a and section 5-b, respectively of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the indian airlines' and air india' corporations established under section ..... 31(1) with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, there shall be established a central body to be called the council. ..... it is therefore abundantly clear that the industries mentioned in clauses (b) to (e) above cannot form part of (a) above; if any of the aforesaid four categories would form part of (a), then there was no necessity of separately mentioning them in addition to clause (a) above.16. ..... therefore, there was no illegality on the part of the state government in referring the dispute before the tribunal below.20. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)BomCR427
..... 1948), or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state board of trustees constituted under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section ..... the employee filed the complaint against the employer industry for the allegedunfair labour practices on the part of the employer under item-9, of schedule-iv, of themaharashtra recognition of trade unions and prevention of unfair labour practicesact, 1971 (for short, mrtu & pulp act') and it was prayed by the employee that theorder dated 8th july, 1992 and the other orders passed by the employer industry bequashed and set aside inflicting punishment of ..... the first part of section 2(a)(i) in relation to any industrial dispute covering any industry carried on by or under the authority of the 'central government' is independent provision ..... the relevant part of section 2(a)(i) 'appropriate government means inrelation to any industrial dispute concerning any industry carried on by or under theauthority of the central government or----concerning any such controlled industry as may be specified in this behalf by the central .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All89
..... (2) where issues both of law and of fact arise in the same suit, and the court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to - (a) the jurisdiction of the court, or (b) a bar to the suit created by any law for the time being in ..... where issues both of law and of fact arise in the same suit, and the court is of opinion that the case or any part thereof may be disposed of on the issues, of law only, it shall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact until after the issues ..... more than six years prior to the institution of the suit the defendant-trustees had, in execution of court decree, ousted the predecessors of the plaintiffs from the office ..... 'under the above provision once the court came to the conclusion that the case or any part thereof could be disposed of on thejssues of law only it was obliged to try those issues first and the other issues could be taken up only thereafter, if ..... and to all thewakfs which at the time of the coming into force of this act were under the superintendence of the sunni central board or the shia central board constituted ..... case the plaintiffs had sought declaration of their rights as hareditary 'watandar pujaris' and injunction to restrain the defendant-trustees from interfering with the rights. ..... in this act suits to obtain declaratory decrees are mentioned in part iii of the schedule .....
Tag this Judgment!Court : Allahabad
Reported in : 1991CriLJ1655
..... all these circumstances, the contemnor must now be available at the bar of the court so that he get an opportunity to address the court on the charges, which this court is to consider on the acts which he has occasioned.the opposite party is totally conscious of the charges on which he has to address the court which have already been indicated in this order, which for the sake of repetition, the ..... the aforesaid suresh chandra guilty of civil contempt upon his conteumpecious conduct and having no respect for the orders of the court, in accordance with section 12(3) of the act considers it appropriate, having regard to the overall circumstances that the act of contrition was not bonafide but a ruse to escape punishment, that a fine alone will not meet the ends of justice and that a sentence of imprisonment is ..... chaturvedi and the said shastri as also the said pathak who, it is stated, is also, a trustee and a member of the board of trustees, have acted most contumaciously. ..... paid to shah will be deposited in the high court within two months when they had no intention whatever of doing so; and they have trifled with this court by filing, the said criminal miscellaneous petition no. ..... the court, including the apex one, is a part of the state and is a built-inmechanism of the constitution to administer ..... we would part with the matter by recording out serious concern and disapproval of the growing conduct of parties and public officers in particular of ignoring the directions of the courts .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj129; (1974)0GLR411
..... and to adduce evidence, and make any further inquiries as he may consider necessary; and(c) on completion of the inquiry record his findings and the reasons therefore; and(d) if he holds that the trustee or any other person has been guilty of gross negligence, a breach of trust, misapplication or misconduct which has resulted in loss to, the public trust, report the matter to the charity commissioner and ..... was due to any gross-negligence, breach of trust, misapplication or misconduct on the part of any person;(c) whether any of the trustees, or any other person was responsible for such loss;(d) the amount which any 'of the trustees or any other person is liable to pay to the public trust for such loss.section 51 of the act deals with inquiry to be made by the charity commissioner when the persons having an ..... by framing a common scheme for the same, he may, after: - (a) publishing a notice in the official gazette and also in at least two newspapers (one in english, and the other in the language of the region) with a wide circulation in the region in which the trust is registered, and(b) giving the trustees of such trusts and all other interested persons due opportunity to be heard, frame a common scheme for the ..... trustees of the trust known as 'shri sanskar bharti trust', which was registered under the bombay public trusts act, 1950 (which will be hereinafter referred to as 'the act'), against the order passed by the learned district judge, bulsar at navsari, in civil miscellaneous .....
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