Court : Mumbai
Reported in : [1980(41)FLR213]; (1980)IILLJ344Bom
..... presently dealing with, as will be clear from these provisions. even if the claim for wages made in terms of payment of wages act it would not be possible for the petitioner to withhold the payments under the settlement on the grounds on which it unilaterally reduced the wages and any other emoluments. shri khambatta fairly conceded that what ..... . 1 of 1972 could not be pressed into service as it was not a case of non-implementation of the settlement at the initial stage. in view of the admitted position that the settlement was implemented and the payment was being made on that basis for some time, at best what could be alleged was the breach of the ..... to the workmen in terms of an agreement dated 23rd january, 1971. undisputed position is that this agreement also provided for payment of agreed wages which were more than the minimum prescribed under the minimum wages act. by settlement dated 3-8-1974 there was increase in the basic wages, dearness allowances, house rent, etc. in addition to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1966AP147; (1967)ILLJ10AP
..... an expenditure of good deal of money. having thus made the management act and part with its money and having accepted the terms of settlement, the decision in consequence thereof and the ex-gratia payment in lieu ot their removal, can it be open to them to raise dispute with regard to removal in the absence of any vitiating ..... not only the management abided by this decision but also 5 out of the 6 workers who were members of the union when the settlement was arrived at offered to accept the same and received the payments made by the management in pursuance of the decision of the labour commissioner. only ramireddy, who was not a member of the union ..... decision. such being the position the question is whether the said 5 workers, who were parties to the settlement, and accepted the terms thereof, offered to abide by the decision of the labour commissioner and accepted as well the ex-gratia payment in lieu of discharge of their service, can be permitted in law to go behind and raise dispute .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All396
..... provides for revising an appellate order by the state government'.their lordships then proceeded to observe that sec, 19 permits lawyers to appear before the forest settlement officer or in appeal and when all these proceedings are over, the state governmenl has to publish a notification under section 20 specifying definitely the limits of ..... extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe. all these arrangements are ..... maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted he shall, subject to such rules as the state government may make in this behalfcommute such rights, by the payment to such persons of a sum of money .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR2769
..... ' by the lok adalat, the said act does not contemplate nor require an adjudicatory judicial determination, but a non-adjudicatory determination based on a compromise or settlement, arrived at by the parties, with guidance and assistance from the lok adalat. the 'award' of the lok adalat does not mean any independent verdict or ..... appellable. petitioner is neither willing for adjudication of the dispute on merits nor it is willing to settle the matter, unless reasonable figure of amount for settlement is offered by the original applicant or by the permanent lok adalat. the petitioner, is also not binding itself, in absence of any suggestions, either ..... loan of rs. 2,25000/- @ 11% annual interest, was unable to make payment to the petitioner-bank land subsequently filed application before the permanent lok adalat at dhanbad, state jharkhand as permanent lok adalat case no. 91 of 2007 for settlement of dispute. this was unilateral application or negatively, it was never a joint application. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC540; (1969)3SCC99; [1970]2SCR732
..... points were raised before us. it was contended, in the first instance, that shri m. s. chaddha, while exercising the power of the chief settlement commissioner, had no jurisdiction to revise the order made by the claims commissioner exercising the revisional power of the chief claims commissioner under the principal act. secondly ..... commissioner under the principal act. the suo motu power to revise verified claims, according to the appellant's learned counsel, was designedly vested in the chief settlement commissioner, he being the final authority under the supplementary act. but this power, argued the counsel, was not intended to extend to proceedings, which could ..... supplementary act speaks of the final order and it includes valuation.10. this takes us. to the submission that the power of revision of the chief settlement commissioner is circumscribed within the four corners of rule 18 of the displaced persons (verification of claim) supplementary rules, 1954. this rule, of course, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC771; (1970)3SCC942; 1971(III)LC93(SC)
..... sub-section 2 further provides as follows:without prejudice to the generality of the foregoing power under sub-section (1), if the chief settlement commissioner is satisfied that any order for payment of compensation to a displaced person or any lease or allotment granted to such a person has been obtained by him by means of ..... fraud, false representation or concealment of any material fact, then, notwithstanding anything contained in this act, the chief settlement commissioner may pass an order ..... , department of rehabilitation dated 3-3-1966 it is apparent that the appellants had again pressed before him similar contentions to those urged before the chief settlement commissioner. shri nair in a detailed order while dismissing the revision observed:as regards the plea that yet another opportunity may be given to the petitioners .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1992]195ITR861(SC)
..... section 245f(7) which was merely to regulate the commissions procure, the power given to the commission cannot possibly include administrative powers. he then emphasized that the settlement commission was required to settle the case before it and the powers exercisable by it can only be with regard to that case and not the generality of cases ..... him if he did not do so... similarly, if under section 234b, the central board of direct taxes could waive or reduce interest chargeable for default in payment of advance tax in respect of a 'class of cases' in which the money seized by the department in the course of search and seizure operations under section ..... in the case of hardship, some authority should have the powers to reduce or waive the interest chargeable for furnishing the late return, interest chargeable for defaults in payment of advance tax and interest chargeable for determent of advance tax. this power was given to the central bard of direct taxes, declared as an income-tax authority .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC554; JT1997(9)SC734; (1998)ILLJ389SC; (1998)IIMLJ54(SC); 1997(7)SCALE520; (1998)1SCC650; [1997]Supp6SCR263; 1998(1)LC202(SC); (1998)1UPLBEC68
..... during which they were laid-off i.e. from 8.8.1976 to 31.1.1978 and the term of the settlement under section 12(3) arrived at during conciliation proceedings restricting the payment of compensation to 67% of the permissible statutory lay-off compensation would not be binding on the appellants. accordingly, the ..... would be decided by both parties on mutual discussion in january 1980. though it was agreed under that settlement in january 1980, the workers insisted upon immediate payment of compensation and raised another dispute. consequently, the earlier settlement lost its efficacy. again the matter was referred to the conciliation officer who held negotiations. different unions ..... think it fit to sign the same. the relevant terms of the aforesaid settlement under section 12(3) of the act in connection with the payment of lay-off compensation read as under:'terms of settlement:1. it is agreed that this settlement shall be applicable to all permanent employees of the mills except(a) watchmen( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2002)173CTR(SC)78; (2003)3SCC86; [2002]SUPP5SCR424
..... is the tax payable on the disclosed income and y is the interest payable thereon, on aggregate of this amount (i.e. x+y), if the timefor payment is extended by the settlement commission, the assessee is also required to pay the interest on the amount of 'x+y'. that is the scheme of sub-section (2c) of section ..... 234c is mandatory in nature and the power of waiver or reduction having not been expressly conferred on the commission, waiver or reduction in payment of statutory interest is outside the purview of the settlement contemplated in chapter xix-a of the act. therefore, the assessee is required to pay interest at the prescribed rate from the date ..... that sub-section or the time to pay is extended under sub-section (2b) the settlement commission is empowered to direct recovery of the said amount with interest payable thereon under sub-section (2c) and penalty for default in making payment of such additional amount in accordance with the provisions of chapter xvii, by the assessing officer .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj9; [1965]55ITR1(Guj)
..... in their names to the trustees with the result that a trust was constituted in respect of these 160 shares on the terms and conditions contained in the settlement. the settlement was for the benefit of mahendra and manubhai, the minor sons of rambhai patel, with certain limitations over in case of death of either, rambhai lived for ..... is a correlative case. here, although the estate is vested, subject to being divested, all the rents were captured by the trusts, and 'the surplus income after payment of maintenance instead of being the property of the child in any event, formed an accretion to the estate and went with it to the present defendants'. thus, the ..... will trusts; soames v. attorney general, (1947) 1 ch 48. there the deceased had a contingent interest in the residuary estate left by a testatrix (subject to payment of two annuities) on his attaining the age of twenty-five. the will, however, contained no disposition of the income until the deceased attained the age of twenty-five .....
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