Court : Supreme Court of India
Reported in : AIR1988SC37; JT1987(4)SC129; 1988LabIC225; (1988)ILLJ263SC; 1987(2)SCALE798; (1987)4SCC691; [1988]1SCR546
..... xavier's college case : [1975]1scr173 is distinguishable from the present one. clause (b) of the two sub-sections of section 51-a of the gujarat university act, 1949 conferred a blanket power on the vice-chancellor or other officer authorised by him to approve or not any recommendation made by the management regarding the dismissal ..... unlimited and in thinking that the said power was equivalent to the power of the vice-chancellor or any other officer nominated by him functioning under the gujarat university act, 1949 which was the subject matter of decision in the st. xavier's college case : [1975]1scr173 (supra). accordingly we are of the view ..... welfare, and even, increasingly, social security.' (see o.p. malhotra : the law of industrial disputes, fourth eda, vol. i (1985) - introduction - page xx)12. section 2(k) of the act defines an 'industrial dispute' as any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen which is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2427; 2008CriLJ3024; 2008(7)SCALE331; 2008AIRSCW3699; AIR2008SC2427; 2008CriLJ3024; 2008(3)AICLR25
..... the statute and the burden of proof in regard to constitutionality of the statute is on the state. the principle of equality would not mean that every law must have universal application for all persons who, by nature, attainment or circumstances, are in the same position. 15. a law is amended by the parliament having regard to its experience. it ..... s.b. sinha, j.1. validity of the proviso appended to section 68c of the narcotic drugs and psychotropic substances act, 1985 (ndps act) is in question in this appeal which arises out of a judgment and order dated 27.11.2002 passed by a division bench of the high court of judicature at ..... wife of one iqbal mohammed memon. an order of detention was passed against him under the provisions of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (pindps act) by the state of marharashtra. allegedly, both the appellant and her husband left india in or about the year 1991. appellant has not yet come back to india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC45; 1991CriLJ97; 1990(2)Crimes435(SC); 1990(48)ELT496(SC); JT1990(1)SC503; 1990(1)SCALE509; (1990)2SCC409; [1990]2SCR63; 1990(2)LC373(SC)
..... powers of an officer-in-charge of a police station under section 53 of narcotic drugs & psychotropic substances act, 1985 (hereinafter called 'the act'), 'police officers' within the meaning of section 25 of the evidence act? if yes, is a confessional statement recorded by such officer in the course of investigation of a person ..... the government of india by signing and ratifying the said convention, the dangerous drugs act, 1930 came to be enacted to vest in the central government the control over certain operations concerning dangerous drugs. article 25 of the universal declaration of human rights, 1948, and article 12 of the international covenant on ..... ii entitled 'authorities & officers' empowers the central as well as the state government to make appointments of certain officers, etc. for the purposes of the act. the newly added chapter iia provides for the constitution of a national fund for control of drug abuse. provision for the prohibition, control and regulation on cultivation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3905; 2004(5)ALLMR(SC)839; 2004(2)CTC430; [2004(101)FLR219]; JT2004(3)SC474; 2004(2)KLT1(SC); (2004)IILLJ327SC; (2004)4MLJ6(SC); 2004(3)SCALE116; (2004)10SCC460; 2
..... the company'89. in any event, the appellant company became a 'potentially sick industrial company' under section 23 of the sick industrial companies (special provisions) act, 1985.90. the fact that the courts below were in grave error in their conclusions, which were arrived at by ignoring vital facts and submissions placed before them ..... the employees are interested in promotions because of the financial benefits and that the said statement by the witness, while stating the obvious which is indeed a universal fact, in no way amounted to admission of any community of interest between employees in workmen and non-workmen categories. it is respectfully submitted, to ..... counsel for the appellant brought to our notice the evidence of mr. krishnan nair that the employees are interested in promotions because of financial benefits, a universal fact, has been misconstrued by the courts below as proof of community of interest between the workmen and the non-workmen. the evidence of mr. krishnan .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIAD(SC)417; AIR1999SC114; 87(1999)CLT86(SC); 1998(3)CTC97; JT1998(5)SC645; (1998)IILLJ1013SC; 1998(4)SCALE643; (1998)7SCC273; [1998]Supp1SCR77; 1999(1)SLJ205(SC); 1998AIRSCC3467
..... two judges. the bench passed the following order:-'whether a public interest litigation can be entertained by the administrative tribunal under section 19 of the administrative tribunals act, 1985 is the question raised by the appellant-state of orissa and ors? section 19, inter alia, provides that a person aggrieved by any order pertaining to ..... in a proceeding before the high court or this court. that ruling cannot help the respondents in the present case. our attention is also drawn to a judgment in university of mysore and anr. v. cd. govinda rao and anr, : [1964]4scr575 , wherein the scope of a writ of quo warranto has been discussed. that ..... m. srinivasan, j.1. leave granted.2. two questions have arisen for decision (1) whether an administrative tribunal constituted under administrative tribunals act, 1985 (hereinafter referred to as the 'act') can entertain a public interest litigation and (ii) whether on the facts of this case the tribunal has exceeded its jurisdiction in passing the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC456; 2004(1)CTC241; JT2003(10)SC70; 2003(10)SCALE96; (2004)9SCC580
..... do they impose any excessive burden or restriction on the right of the accused; that similar provisions are found in section 37 of the ndps act 1985 and in section 10 of the up dacoity affected areas act; that on a true construction of section 49(6) and (7) it is not correct to conclude that the accused cannot apply ..... .56. the need for the existence and exercise of power to grant protection to a witness and preserve his or her anonymity in a criminal trial has been universally recognised. provisions of such nature have been enacted to protect the life and liberty of the person who is able and willing to give evidence in support of the ..... would not come forward to give evidence and there would be no effective prosecution of terrorist offences and the entire object of the act would be frustrated; that cross-examination is not a universal or indispensable requirement of natural justice and fair trial; that under compelling circumstances it can be dispensed with natural justice and fair trial .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1764; (2003)3CompLJ90(SC); JT2003(2)SC180; (2003)IILLJ1123SC; 2003(2)SCALE136; (2003)4SCC225; [2003]1SCR1174
..... which arise for consideration in the case before us. in that case, the constitutional validity of section 32a of the narcotics drugs and psychotropic substances act, 1985 which prohibited appellate courts from suspending sentence despite the appeal being admitted was questioned. the impugned section clearly ran contrary to the provisions of the ..... the absence of an independent and impartial tribunal to decide labour disputes between icrisat and its employees was also in violation of article 8 of the universal declaration of human rights. it was submitted that the conferment of the immunity without imposition of a corresponding obligation on icrisat to provide for an ..... to implement the proposal for setting up icrisat.6. a memorandum of agreement was then entered into between the government of india and the ford foundation (acting on behalf of the consultative group) on 28th march 1972 (referred to as the march agreement) for the establishment of icrisat. the agreement provided .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461
..... rules is that they have harmonised concepts on arbitration and conciliation of different legal systems of the world and thus contain provisions which are designed for universal application.3 though the said uncitral model law and rules are intended to deal with international commercial arbitration and conciliation, they could with appropriate modifications, ..... of disputes. there is, however, no general law on the subject in india.2 the united nations commission on international trade law (uncitral) adopted in 1985 the model law on international commercial arbitration. the general assembly of the united nations has recommended that all countries give due consideration to the said model law ..... of necessity, have taken place in a foreign country. the provisions of section 85(2)(a) in so far these apply to the foreign awards act and 1937 act, would appear to be quite superfluous. literal interpretation would render section 85(2)(a) unworkable. section 85(2)(a) provides for a dividing line .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2045; JT1989(3)SC389; (1990)ILLJ352SC; 1989(2)SCALE320; (1989)4SCC90; [1989]3SCR850; 1989(2)LC644(SC)
..... out the provisions of this act.(3) every board of ..... ) is ultra vires the act and the scheme and it ..... representative association. the act, he says, speaks ..... intent, as disclosed by the act, is capable of a contrary ..... government understood the act and the scheme ..... scheme in consonance with the act, although in a certain ..... preamble to the act.9. we will ..... genuine needs. the act does not contemplate ..... mentioned in the act. it may ..... connected matters. the act, therefore, requires the ..... in this regard act in consultation with ..... view that the act has envisaged a ..... section 9 of the act, insofar as it is ..... india, contend that the act postulates both election and ..... spirit of the act and the ..... 9 of the act unless the said ..... out the provisions of (his act.(2) in particular, and ..... act, 1970 (act no. 5 of 1970) (hereinafter referred to as the 'act') ..... the act and the scheme. section 9 of the act provides ..... act is to nationalise the banks in order to, as stated in the preamble to the act ..... act is to encourage democratic selection of the ..... act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC251; JT1993(6)SC85; (1994)ILLJ197SC; 1993(4)SCALE99; (1994)1SCC9; [1993]Supp3SCR178
..... resigning his post where he had been in continuous service for a period of more than 15 years, were not meant to lay down a rule of universal application in regard to all gratuity schemes. the court negatived the attack and upheld the minimum qualifying period of service of 10 years prescribed by the tribunal ..... been laid down in the labour courts' decisions in this country. the court then referred to the labour appellate tribunal's decision in ahmedabad municipal corporation case [1985] lac 155 where it was observed as under:the fundamental principle in allowing gratuity is that it is a retirement benefit for long services, a provision for old ..... to be struck down as unconstitutional.in the garment cleaning works v. its workmen : (1961)illj513sc , the industrial tribunal had on a reference under the industrial disputes act framed a gratuity scheme providing, among others, that on retirement or resignation of a workman after 10 years' service, 10 days' consolidated wages for each year's .....
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