Court : Andhra Pradesh
Decided on : Aug-04-1994
Reported in : 1994CriLJ3830
P.L.N. Sarma, J.1. This matter has been placed before us on Office note as to the maintainability of the Letters Patent Appeal sought to be filed by the appellants. 2. The relevant facts are as follows : Appellants filed Writ Petition No. 16523 of 1991 under Art. 226 of the Constitution of India seeking a direction to the respondents to implement the settlement arrived at dated 26-10-1991 entered into by the respondents with the Union under S. 12(3) of the Industrial Disputes Act before the Officer-cum-Assistant Commissioner of Labour, Warangal. The said writ petition was disposed of by a learned single Judge of this Court on 20-4-1992 in the following terms : 'In view of the above, there will be a direction that the respondents shall consider the claims of the petitioners for appointment as Helpers in terms of the Settlement dated 26-10-1991 which the respondents had entered into with the Trade Union representing the petitioners. I make it absolutely clear that I am not pronouncing up...
Tag this Judgment!Court : Rajasthan
Decided on : Jun-03-1994
Reported in : 1994(2)WLN354
Arun Madan, J.1. This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 12th October, 1983 passed by the Civil Judge, Ajmer in Civil First Appeal No. 146/82, arising out of the judgment and decree dated 14th October, 1982 passed by the Addl. Munsiff & Judicial Magistrate No.1, Ajmer in Civil Suit No. 125/79.2. The following substantial questions of law have arisen for consideration of this Court, in this second appeal:(1) Whethr a Government School fully run and managed by the State can be considered as 'a recognised educational institution' within the meaning of Section 6(2)(a) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1955 (hereinafter to be referred as 'the Act')?(2) Whether 'a recognised educational institution referred to in Section 6(2)(a) of the Act refers to only privately run educational institutions which are recognised by the State for the purpose of giving grants holding examinations and similar other purpose...
Tag this Judgment!Court : Chennai
Decided on : Dec-21-1994
Reported in : (1995)1MLJ524
Srinivasan, J.1. These appeals arise out of common judgment in O.P. Nos. 801 and 802 of 1992 and Application Numbers 5547 and 5548 of 1992, on the file of the Original Side. The learned single Judge has dismissed the original petitions and consequently held that the first respondent before him in each of the original petitions was entitled to a decree in terms of the awards passed by the second respondent/ arbitrator. Thus, the two applications before him were ordered by him.2. The facts are shortly thus: Tamil Nadu Civil Supplies Corporation Limited, which is hereinafter referred to as the appellant, invited tenders for supply of rice in May, 1989. The first respondent in O.S.A. Nos. 284 and 287 of 1994, which will be hereinafter referred to as the first respondent, and the first respondent in O.S.A. Nos. 285 and 286 of 1994, which will be hereinafter referred to as the second respondent, submitted the tenders. After negotiations, they entered into agreements on 16.6.1989 and on 23.6....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-07-1994
Reported in : (1994)LC571Tri(Delhi)
1. The appellant, importer, is aggrieved with the order of the Collector of Customs, Bombay. The Importer had imported "Cat Scanner Equipment" and claimed the benefit of Notification No. 64/88-Cus., dt.1-3-1988. The Bill of Entry disclosed the value of the said item at Rs. 1,40,22,787.00 CIF. Alongwith the Bill of Entry, the importers had attached the following documents : (i) Invoice No. HH-001/90 dt. 24-3-1990 of M/s. Hightech Health Equipment Co., Hongkong. (ii) Insurance Certificate No. 15080322 (1064) dt. 30-3-1990 indicating the reference No. SDL/HH/29/80 relating to the goods imported. (v) Order confirmation No. CH. 001/90 dt. 14-3-1990 by M/s. High Tech Health Equipments Co., Hongkong. (vi) Packing list of M/s. High Tech Health Equipment Co., Hongkong relating to invoice No. NH-001/90 dt. 24-3-1990 indicating importer's reference number as SDL/HH/29/30. (vii) NMIC No. I/CC/5/88/397 dt. 25-5-1988 endorsed on application No. NMIC/1-88 dt. 15-4-1988 for CT-SE 600 Syner view Scann...
Tag this Judgment!Court : US Supreme Court
Decided on : May-23-1994
NLRB v. Health Care & Retirement Corp. of America - 511 U.S. 571 (1994) OCTOBER TERM, 1993 Syllabus NATIONAL LABOR RELATIONS BOARD v. HEALTH CARE & RETIREMENT CORPORATION OF AMERICA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 92-1964. Argued February 22, 1994-Decided May 23, 1994 Employees are considered "supervisors," and thus are not covered under the National Labor Relations Act, 29 U. S. C. 152(3), if they have authority, requiring the use of independent judgment, to engage in one of 12 listed activities and they hold the authority "in the interest of the employer," 152(11). Petitioner National Labor Relations Board has stated that a nurse's supervisory activity incidental to the treatment of patients is not authority exercised in the interest of the employer. Respondent owns and operates a nursing home at which staff nursesincluding the four nurses involved in this case-are the senior ranking employees on duty most of the time, ensure adequa...
Tag this Judgment!Court : Sales Tax Tribunal STT West Bengal
Decided on : Mar-23-1994
Reported in : (1994)95STC44Tribunal
1. This is an application under Section 8 of the West Bengal Taxation Tribunal Act, 1987, enacted with the aid of Article 423B of the Constitution of India. In other words, this is an application under Articles 226/227 of the Constitution of India, in the form of one under Section 8 of the 1987 Act, the jurisdiction relating to the subject-matter in question having been transferred to this Tribunal to the exclusion of the High Court.2. The point for decision is whether a product called "Protinules", manufactured and sold by the applicant-company, is taxable under the West Bengal Sales Tax Act, 1954 (in short, "the 1954 Act") as a "drug" or patent or proprietary medicine, or as powdered milk, or otherwise, or it is taxable under the Bengal Finance (Sales Tax) Act, 1941 (in short, "the 1941 Act").3. The case of the applicants is that applicant No. 1 is a public limited company having its registered office and factory at Vadodara in Gujarat and it sells the said product throughout India ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-04-1994
Reported in : 1994(2)ALT729
ORDERP.L.N. Sarma, J.1. This matter has been placed before us on Office note as to the maintainability of the Letters Patent Appeal sought to be filed by the appellants.2. The relevant facts are as follows: Appellants filed Writ Petition No. 16523 of 1991 under Article 226 of the Constitution of India seeking a direction to the respondents to implement the settlement arrived at dated 26-10-1991 entered into by the respondents with the Union under Section 12(3) of the Industrial Disputes Act before the Officer - cum - Assistant Commissioner of Labour, Warangal. The said writ petition was disposed of by a learned single Judge of this Court on 20-4-1992 in the following terms:'In view of the above, there will be a direction that the respondents,shall consider the claims of the petitioners for appointment as Helpers in terms of the Settlement dated 26-10-1991 which the respondents had entered into with the Trade Union representing the petitioners. I make it absolutely clear that I am not p...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-30-1994
Reported in : (1995)LC703Tri(Delhi)
1. The only issue involved in the instant case is whether "Ad-vitamin Massage Oil Forte" manufactured by the appellants is classifiable under sub-heading 3003.19 of GET, 1985 as claimed by the appellants or under sub-heading 3304.00 as held by the authorities below.2. The facts leading to the said controversy lie in a very narrow compass that is to say the appellants M/s. Sunny Industries (P) Ltd. files their classification list No. 2/86, dated 3-3-1986 claiming classification of their said product, namely, Ad-vitamin Massage Oil Forte under sub-heading 3003.19 of GET, 1985 as patent or proprietary medicine which was modified during approval by the Assistant Collector to sub-heading 3304.00 as preparation of skin on the ground that use of medicinal ingredients in the subject goods does not take it away from the purview of the above Tariff Heading.3. The said question of classification of the subject product, namely, Ad-vitamin Massage Oil Forte stands already decided by this Tribunal ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-1994
Reported in : 1995ACJ273
U.L. Bhat, C.J.1. These appeals have been placed before the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent {Nagpur). We have heard learned Counsel appearing for both sides as well as Mr. Seth, Advocate, who assisted as Amicus Curiae.2. These appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the insurance companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned single Judges. These L.P.As. are filed against decisions of learned single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-1994
Reported in : 1995(0)MPLJ291
U.L. Bhat, C.J.1. These appeals have been placed before the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent (Nagpur). We have heard learned counsel appearing for both sides as well as Shri Seth, Advocate who assisted as Amicus Curiae.2. These appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the Insurance Companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned Single Judges. These LPAs are filed against decisions of learned Single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the Ful...
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