Court : Chennai
Reported in : 140Ind.Cas.331; (1932)63MLJ450
..... made by the settlement officer, an astonishing way of dealing with the record of a court. and finally at the end of the chapter we find section 180, which provides for the costs of the proceedings. there is no provision for the payment of costs by a party to his opponent. but there are ..... surprising or unnatural or unreasonable in the procedure prescribed, which provides many safeguards against arbitrary orders.13. however it has been urged before us that the settlement of rents involves decisions of great importance between the landholder and the ryots, which undoubtedly affect their civil rights; and it is pointed out that under section ..... before the record is submitted to the confirming authority - revise any rent entered therein, after giving reasonable notice to the parties concerned (section 169).36. the settlement record should be submitted by the revenue officer to the 'confirming authority' appointed by the local government, with a full statement of the grounds of his proposals .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom189; (1963)65BOMLR91; ILR1963Bom594; (1963)ILLJ400Bom
..... 25b, 25c, 25d, 25e, 25fff and 25j.10. it is not disputed that there is no provision in the c. p. and berar industrial disputes settlement act, 1947, for payment of any lay-off compensation. it is true that the worker who has been laid-off under the provisions of the standing order settled in respect of a particular ..... to make an application under any provision of the c. p. and berar act for payment of lay-off compensation as an individual grievance.11. mr. bobde's contention regarding the first point is that the c. p. and berar industrial disputes settlement act, 1947, is a state act on a subject in the concurrent list. this legislation ..... far as his claim for lay-off compensation or retrenchment compensation is concerned. the right given to an individual worker under the c. p. and berar industrial disputes settlement act is limited to 'relief for a specified grievance, namely, his dismissal, discharge, removal or suspension in contravention of the provisions of that act or standing orders .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1925Bom44; (1924)26BOMLR754; 83Ind.Cas.370
..... which such villages had hitherto been held, and, further, the provisions of section 36 in respect to the right of permanent occupancy at the expiration of a settlement lease should hold good in regard to those villages or estates.11. section 38 said:it shall also be competent to such officer, with the sanction of the ..... measure a proprietory right; in fact he is an occupant with all the rights and liabilities affecting such a status. the khot has to secure to government the payment of the village revenue, while the village lands which he has to manage in accordance with the restrictions mentioned in the kabulayat fall under three distinct classes. these ..... the british government took possession of the konkan about the year 1818, agreements were entered into between the government and the farmers or khots with regard to the payment of the assessment by the khot to the government. at first the agreements merely stated that the khot was responsible for the assessment since the main object of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom324; (1955)57BOMLR529; 1955CriLJ1161; ILR1955Bom602; (1955)ILLJ378Bom
..... of section 20 provides that proceeding shall be deemed to have concluded when a report by the conciliation officer is received by the appropriate government in case no settlement is arrived at. in other words, where the conciliation officer fails to bring about conciliation and makes a failure report, the proceedings are deemed to continue ..... making such a report, he has to give a full statement of facts and circumstances and the reasons on account of which, in his opinion, a settlement could not be arrived at. this requirement is essential because where conciliation efforts fail and the appropriate government receives a report in that behalf, it often becomes ..... be expected the conciliation officer himself requested the company to supply material facts and other statistics which would enable him to assist the parties to come to a settlement of the pending disputes.after the proceedings were pending before mr. amdekar for some time, mr. shelke, his successor, took charge of them and before .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP215
..... . that decision is on what could be conveniently termed a jurisdictional issue. if the village in question is not an estate at all, the statutory authority the settlement officer (it may not be necessary to specify at each stage the other statutory authority also, the tribunal) cannot give himself jurisdiction to decide whether it is ..... under section 3(2) (b) where the grant is resumable. the compensation which has to be determined under section 39 of the abolition act by thedirector of settlements in accordance with sections27 to 36 of that act, is different for these three categories of estates. under section 41, the government have to deposit the compensation in ..... of : air1953sc446 . the majority of the full bench held that proceedings under section 9 of the abolition act do not amount to a lis, that the settlement officer functions merely as an administrative tribunal and that the rule of burden of proof as a determining factor for the ultimate decision has no application to the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori310; 78(1994)CLT467
..... landless person and that too, only up to the extent of five acres and very strict proof of continuous encroachment like payment of penalty and assessment over some years was to be demanded before settlement was sanctioned. next in relevance is letter no. 55226-g.e.(gl)-8/70-r dated 24-9-1970 from ..... ordersheets of the two encroachment cases abundantly show the petitioner all throughout to have adopted the stand of admitting the encroachments and moving for settlement of the encroached lands with him on payment of back rent and salami. the fact appears from the order dated 27-4-1970 as also 12-11-1970. such provision for ..... area encroached in excess five acres should be restored to government after eviction for settlement with other deserving landless persons and that very strict proof of continuous encroachment like payment of penalty and assessment oyer some years should be demanded before settlement was sanctioned. this government letter made it clear that any encroachment made after 13 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H111
..... these provisions are different. section 21 (4) relates to the final stage of repartition proceedings, whereas section 36 deals with the variation/revoking of the scheme by the settlement officer. the settlement officer could vary or revoke the scheme even though the proceedings under section 21 were pending. further, it is not correct to say that in jiwan singh's ..... the trustee, acting upon the valuation put upon the security by the creditor, has exercised the right given to him by the 12th rule, to redeem the security 'on payment to the creditor of the assessed value'. it is impossible to suppose that, after the trustee has paid the amount of the valuation, and has thus on behalf of ..... bankruptcy act, 1883. rule 12 (a) provides that where a security is valued by a creditor in his proof, the trustee may at any time redeem it on payment to the creditor of the assessed value. and rule 13 provides that a creditor who has valued his security may 'at any time' amend the valuation and proof on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.
..... provided that if a tax- payer settles his dues regarding the direct and indirect taxes and once a final settlement is arrived at in pursuance of the scheme and once the payment is made as per the settlement, the tax-payer earns a complete immunity in respect of the transaction which includes the prosecution from all or ..... in paragraphs 46 and 47 in alpesh navinchandra shah's case. it was contended that the legislature had created a settlement commission for generating revenue and had also made provisions for release of the goods on payment of duty and had also made provisions for granting immunity from prosecution under the customs act, 1962 under the ..... with, and after realization of the customs duties not only the goods are ordered to be released but on considering the cooperation extended by him in the settlement proceedings, the settlement commission had also granted to him immunity from prosecution under the customs act, 1962 as well as under ipc. the reliance there, however, was being .....
Tag this Judgment!Court : Delhi
Reported in : AIR1976Delhi265; ILR1976Delhi457
..... by the main part of the rule. this is exactly what had been done by the managing officer, and the same had been affirmed by the additional settlement commissioner, the settlement commissioner, and the central government. the con'ention of teh learned counsel that the entire house should not have been directed to be transferred to shrimati attar ..... was rs. 2,630/8.00 , while the balance of compensation due to shrimati attar kaur was rs. 5,629. rule 30 is the rule which deals with payment of compensation where an acquired evacuee property which is an allottable property is in occupation of more than one person as in the present case. it reads as follows: ..... '30.payment of compensation where an acquired evacuee pro- perty which is an allottable property, is in occupation of more than one person ifmore persons than one holding verified claims .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR80; (1994)IIILLJ1020Guj
..... and after application of the minimum wages act it was provided that the employees should be paid as per the settlement or the rate fixed under the minimum wages act, whichever was higher. as regards the payment of dearness allowance also the labour court held that as the hospital was not a part of the textile industry, ..... , the appointing and disciplinary authority while policy decisions are taken by the hospital committee. as far as fixation and payment of salary to the hospital staff is concerned, he stated that the same was governed by settlements arrived at between the union representing the employees and the hospital management or the minimum rate of wages fixed under ..... or receipt of meals from the canteen of the mill company on payment for the hospital patients was not inconsistent with the stand taken by the hospital. as regards the payment of salary, the labour court held that the same was governed under the two settlements arrived at under the provisions of the i.d. act between the .....
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