Court : Madhya Pradesh
Decided on : Nov-19-1985
Reported in : AIR1986MP165; 1986MPLJ261
J.S. Verma, Ag. C. J. 1. The only question for decision by us is whether an appeal under Clause 10 of the Letters Patent is tenable against an interlocutory order passed in an election petition by a single Judge which amounts to a 'judgment' within the meaning of that expression used in Clause 10. This question has to be answered on the assumption that the . right of appeal under Clause 10 of the Letters Patent subsists notwithstanding the enactment of M.P. Uchcha Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam (29 of 1981) abolishing the right of such appeals since this enactment has been held to be constitutionally invalid by a Full Bench of this Court in Balkrishna Dass v. Perfect Pottery Co. Ltd. AIR 1985 Madh Pra 42. In case it is held that such an appeal is tenable, the appeal has to be heard and decided on merits by a Division Bench which will also decide whether the impugned interlocutory order passed in the election petition amounts to a 'judgment' within the meaning of t...
Tag this Judgment!Court : Gujarat
Decided on : Aug-08-1985
Reported in : AIR1986Guj156; (1986)1GLR101
S.B. Majmudar, J.1. In this Letters Patent Appeal under Clause 15 of the Letters Patent, the appellant, original plaintiff, of Civil Suit No. I of 1985 in the District Court of Panchmahals at Godhra has brought in challenge the judgment and order of learned single Judge of this Court, M. B. Shah, J. in Appeal from Order which was dismissed by the learned single Judge of this Court in exercise of his powers under O. 43. R. 1 of the Civil P.C., 1908. The appellant-plaintiff had moved an interim injunction application Ex. 5 under O. 39, Rules 1 and 2 read with S. 151 of the Civil P.C. praying for interim injunction pending the suit against the respondents-defendants. After hearing the concerned parties, the learned Joint District Judge of Panchmahals at Godhra dismissed the application Ex. 5 for interim injunction and vacated the ad interim relief. Being aggrieved by the said order of the learned trial Judge, the appellant preferred Appeal from Order as miscellaneous appeal under O. 43, R...
Tag this Judgment!Court : Kerala
Decided on : Sep-16-1985
Reported in : 1986CriLJ1747
P.C. Balakrishna Menon, J. 1. These appeals under Section 483 of the Companies Act 1956, read with Section 5 of the Kerala High Court Act, 1958, are by some of the accused in Criminal Complaint No. 2 of 1975 in C.P.No. 3 of 1973 before the learned Company Judge.2. The prosecution was on a complaint filed by the Official Liquidator under Section 454(5A) of the Companies Act for the default of the accused in complying with the requirement of Sub-section (1) of Section 454, within the time allowed under Sub-section (3). The learned Judge found the appellant guilty and they were convicted under Sub-section (5) of Section 454 of the Act. The first accused was sentenced to pay a fine at the rate of Rs. 6/-, accused 2 to 4 at the rate of Rs. 3/- and the fifth accused at the rate of Rs. 2/- for each day of default, as found by the learned Judge.The first accused was the Managing Director, accused 2 to 4 were the Directors and the fifth -accused was the Manager of the Company in liquidation. M....
Tag this Judgment!Court : Karnataka
Decided on : Aug-22-1985
Reported in : ILR1985KAR3648
ORDERRama Jois, J.1.In this batch of Writ Petitions, presented by the managements of four industrial undertakings, the following common question of law, arises for consideration.'Whether the amendment made to Section 3 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963, fixing the number of holidays other than three national holidays at six, instead of five and providing that First May shall be one of the said six holidays, empowers the Labour Officer to include First May as a holiday in addition to the holidays declared by the managements even if the number of holidays already declared by them was more than nine'2. The facts of the case, in brief, are as follows:(i) W.P.No. 17715/1984 : The Petitioner in this Petition is the management of International Instruments Limited. Clause 20 of the agreement entered into between the management and its workmen fixedthe holidays for the industry. It reads:'National/Festival Holidays will be increased from 11 to...
Tag this Judgment!Court : US Supreme Court
Decided on : May-20-1985
Dept. of Inc. Maintenance v. Heckler - 471 U.S. 524 (1985) U.S. Supreme Court Dept. of Inc. Maintenance v. Heckler, 471 U.S. 524 (1985) Connecticut Department of Income Maintenance v. Heckler No. 83-2136 Argued March 27, 1985 Decided May 20, 1985 471 U.S. 524 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Medicaid Act does not cover services performed for patients between the ages of 21 and 65 in an "institution for mental diseases" (IMD). In the absence of a statutory definition, the Secretary of Health and Human Services (Secretary) has promulgated a regulation defining an IMD as "an institution that is primarily engaged in providing diagnosis, treatment or care of persons with mental diseases," and providing that whether an institution is an IMD is determined by its "overall character." The Middletown Haven Rest Home in Connecticut is an "intermediate care facility" (ICF) that provides care for persons with mental illness as well as ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-08-1985
Park N' Fly Inc. v. Dollar Park and Fly, Inc. - 469 U.S. 189 (1985) U.S. Supreme Court Park N' Fly Inc. v. Dollar Park and Fly, Inc., 469 U.S. 189 (1985) Park N' Fly Inc. v. Dollar Park and Fly, Inc., 469 U.S. 189 (1985) No. 83-1132 Argued October 9, 1984 Decided January 8, 1985 469 U.S. 189 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Petitioner operates long-term parking lots near airports in St. Louis Cleveland, Houston, Boston, Memphis, and San Francisco. In 1969, petitioner applied to the United States Patent and Trademark Office to register a service mark consisting of the logo of an airplane and the words "Park 'N Fly." The registration issued in 1971, and nearly six years later petitioner filed an affidavit with the Patent and Trademark Office to establish the incontestable status of the mark under 33(b) of the Trademark Act of 1946 (Lanham Act), which provides that "registration shall be conclusive evidence of the registrant's ex...
Tag this Judgment!Court : Kolkata
Decided on : Mar-15-1985
Reported in : AIR1987Cal24
ORDERC.K. Banerji, J. 1. These are three applications. The two applications are for revocation of leave under Clause 12 of the Letters Patent taken out by the defendants Nos. 1 and 2 respectively. The other is an application for amendment of the plaint taken out by the plaintiff. By consent of the parties all the three applications are taken up and are heard together.2. Mr. Biswaroop Gupta, learned Counsel for the defendant 1 in the application taken out on his behalf for revocation of leave under Clause 12 of the Letters Patent submitted that on the basis of the plaint filed in this suit no cause of action against the defendant 1 arose within the jurisdiction of this Court. Therefore, so far as the said defendant is concerned this Court has no jurisdiction to entertain or try the suit. Mr. Gupta also urged that in any event the plaint does not disclose any cause of action whatsoever against the defendant No. 1. Therefore, no leave could be granted under Clause 12 of the Letters Patent...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-14-1985
Reported in : AIR1985SC1576; 1985MhLJ914(SC); 1985(2)SCALE246; (1985)3SCC737; [1985]Supp2SCR949; 1985(17)LC910(SC)
1. This appeal by special leave raises a short but interesting question of law relating to the interpretation of Section 30 Sub-Section (2) of the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as the Amending Act). There are divergent views expressed by different Benches of this Court in regard to the interpretation of this provision and hence it is necessary to examine this question afresh in order to arrive at a proper interpretation, particularly since the interpretation placed by us will affect the determination of compensation in a large number of cases.2. The facts giving rise to this appeal are few and may be briefly stated as follows. On 9th October 1974 a notification was issued by the State of Punjab under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) stating that a large chunk of land admeasuring 10768 Bighas 18 Biswas was likely to be needed for the purpose of establishment of a cantonment within the revenue estate of Bha...
Tag this Judgment!Court : Kolkata
Decided on : Aug-22-1985
Reported in : AIR1986Cal338
ORDERPratibha Bonnerjea, J.1. This is an application under Section 8 of the Arbitration Act for appointment of an umpire. The petitioner entered into a contract on 22nd/23rd Nov. 1982 by accepting the tender submitted by the respondent. The contract contained an arbitration clause that disputes arising out of the contract would be decided by arbitration. Disputes arose and reference was made to the joint arbitrators in accordance with the agreement. By a letter dt. 13-4-84 the arbitrators intimated the petitioner that they had received the statement of claim from the respondent and called upon the petitioner to submit its counter-statement on or before 2-5-84. The petitioner alleges that the joint arbitrators entered upon the reference without appointing an umpire. The petitioner by letter dt. 23-4-84 pointed out to the joint arbitrators that they did not appoint an umpire before entering upon the reference and requested them to appoint the umpire. It is alleged that in spite of such n...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-20-1985
Reported in : [1986]158ITR47(Raj)
M.C. Jain, J.1. These are three applications under Section 27(3) of the Wealth-tax Act, 1957, for directing the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, to state a case and refer the question of law arising out of the Tribunal's order dated June 24, 1977, passed in Wealth-tax Appeals Nos. 139, 140 and 141 JP 1976-77 for the assessment years 1967-68, 1968-69 and 1969-70.2. The reference applications have arisen out of the following facts :3. The assessee-respondent was assessed for the aforesaid three assessment years under the Wealth-tax Act by the Wealth-tax Officer, Jodhpur, on February 6, 1971, The Wealth-tax Officer did not include the whole of jewellery and ornaments in the total wealth of the assessee in view of the decision of their Lordships of the Supreme Court in C.W.T. v. Arundhati Balkrishna : [1970]77ITR505(SC) . Subsequently, Section 5(1)(viii) of the Wealth-tax Act was amended by the Finance (No. 2) Act of 1971 with retrospective effect from April 1, 1963. Th...
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