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Malayalam Plantations Limited and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1976)ILLJ114Ker

..... wage, but the contents of this concept must ensure for the employee not only his sustenance and that of his family but must also preserve his efficiency as a worker. the act contemplates that minimum wage rates should be fixed in the scheduled industries with the dual object of providing sustenance and maintenance of the worker ..... medical facilities and other amenities. the committee came to the conclusion, that a minimum wage must provide not merely for the bare subsistence of life but for the preservation of the efficiency of the worker, and so it must also provide for some measure of education, medical requirements and amenities. the concent about the components of ..... and his family and preserving his efficiency as a worker. 47. we may, in this context refer to a passage from the report of the committee .....

State of Rajasthan Vs. Sahab Ram

Court : Rajasthan

Reported in : 1974WLN785

..... the sex of the delinquent. bentham mentions the following circumstances in mitigation of punishment which should be inflicted: (1) absence of bad intention: (2) provocation: (3) self preservation; (4) preservation of some more friends: (5) transgression of the limit of self-defence: (6) submission to the menaces: (7) submission to authority (8) drunkenness: (9) childhood. ..... he was lying on the ground and than (sic) a shot at rakhi-ram batrayed complete lack of compasion in him learned public prosecutor characterised this act, an act of severe cruelty sahab rim's again going to the 'giwad' and firing several shots without the least thought that he was taking the lives of ..... to be awarded, while the common frailities and tailings of ordinary human beings, to which the offender given vent may, without affecting the criminality of the acts punished, be enough to show that a lesser sentence will meet the ends of justice, abnormal twists of the mind or indications of an obdurate and unrelenting .....

State of Maharashtra Vs. Bhimrao Vithal Jadhav

Court : Mumbai

Reported in : (1976)IILLJ365Bom; 1973MhLJ39

..... and discipline of the police force, and for its efficient organisation as a means of preventing and checking crime and preserving law and order. this paragraph in terms relies on the provisions of s. 6 of the bombay police act, 1951. 14. chapter ii starting with s. 1 deals with recruitment. after pointing out the classification of various ..... of police so far as a constable serving in the district of kolhapur is concerned. this compilation of police manual is under the provisions of the bombay police act and as such they have a statutory force and they bind the members of the police force. it was not, therefore, open to undertake a departmental proceedings ..... percentage of 0.5 which required to raise a presumption for having drunk prohibited liquor so as to constitute an offence under s. 66(1)(b) of the bombay prohibition act, 1949, he made a report to the judicial magistrate claiming 'c' summary. that was granted. 3. however, the superintendent of police district kolhapur, felt that a .....

In Re: Agreement Relating to Nylon

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas357NULL

..... reference to the approval of the central government in section 33(3) as reference to approval by the government under the monopolies and restrictive trade practices act.the approval referred to in that sub-section is the approval of the central government of the agreement in question independently of the provisions of the. ..... to, according of approval, sanction, permission, confirmation or recognition or to giving of any direction or issuing of any order or to granting of any exemption. the act provides for such decisions being taken by the government, eg., section 21(3) provides for central government's according approval to the proposal for expansion. under section ..... restrictive trade practices as alleged in the notice dated 30th november, 1973, within the meaning of section 2(o) of the monopolies and restrictive trade practices act 4. whether the notice dated 30th november, 1973, is without jurisdiction and/or in contravention of statutory provisions and/or in violation of the rules of .....

State of Uttar Pradesh Vs. Jai Singh Dixit

Court : Allahabad

Reported in : (1976)ILLJ246All

..... argument put forward on behalf of the state that the appointing authority will be justified in ignoring the procedure prescribed by the department instructions if otherwise it has acted within the scope of the rule which confers a discretion to it of the widest amplitude has hardly any tenability. any departmental rule or instruction in the nature ..... have not become final and while deciding the special appeals we can take into consideration the amended rule.20. section (5 of the u.p. general clauses act can be of no help as the section by itself provides that the provisions contained therein shall be applicable unless a different intention appears from the amending or ..... its own findings, keeping in mind that frequent changes in the interpretation of law by the high court can cause injustice to persons to have acquired rights or have acted in accordance with the law laid down by the court. this principle was recognized in the text-book of jurisprudence by g.w. paton, third edition, at .....

V.R. Ramakrishnan, Sri Ramakrishna Bus Service and ors. Vs. the State ...

Court : Chennai

Reported in : (1976)1MLJ422

..... : [1960]2scr130 , where the supreme court, while considering the necessity for an application for permit under section 68-f(1) before its amendment by central act lvi of 1969, held that a permit issued to a state transport undertaking without following the procedure contemplated by the provisions of chapter iv is invalid as the ..... regional transport authority in any other case' have been substituted for the words 'regional transport authority' with effect from 2nd march, 1970 by the same amending act. thus as per the amended provision set out above, in pursuance of an approved scheme, any undertaking can apply 'in such manner as may be prescribed ..... in question on temporary permits until the pallavan transport corporation, limited, the second respondent herein, is issued a pucca permit under section 68-f(1) of the act by the concerned regional transport authority, in accordance with law. but the regional transport authority, the third respondent, had issued certain memos on 1st october, 1974 .....

Regional Rail Reorganization Act Cases

Court : US Supreme Court

..... continuous, uninterrupted operation is necessary in the public interest. . . ." congress made such findings in these cases in 101(a) of the act, 45 u.s.c. 701(a) (1970 ed., supp. iii). hence, the congressional objective in the rail act of preserving the assets of these six railroads [ footnote 2/5 ] as part of a continuing enterprise in the form of a new ..... u. s. 276 (1944). there are clearly grave doubts whether the rail act would be constitutional if a tucker act remedy were not available as compensation for any unconstitutional erosion not compensated under the act itself. in such case, as the special court observed, "[w]hen one admissible construction will preserve a statute from unconstitutionality and another will condemn it, the former is favored .....

Buchanan Vs. Evans

Court : US Supreme Court

..... only to 1004(c). footnote 6 the court in raines contrasted the scope of 1252 with the scope of 3731 of title 18, the criminal appeals act. that act allowed the government a right of appeal from particular types of decisions of a district court prior to trial in a criminal case, and the court ..... evidence already of record. after oral arguments, the district court rendered the instant decision. under its reading of milliken the predicate for interdistrict relief was 'racially discriminatory acts of the state or local school districts [that] have been a substantial cause of interdistrict segregation.' 418 u.s., at 745. so framing its inquiry the district ..... present in this case leaves totally beclouded and uncertain what is decided by that summary affirmance. i the challenged delaware statute, known as the educational advancement act, was enacted by the legislature in june 1968 'to provide the framework for an effective and orderly reorganization of the existing school districts of this state .....

Purani Dhirajlal Amritlal Vs. Mehta Sankleshwar Aditram and anr.

Court : Gujarat

Reported in : AIR1976Guj180; (1976)GLR67

..... or mental condition of the dominant owner, and that is in consonance with the meaning of the words 'as an easement' in section 15 of the indian easements act. that attitude of the dominant owner must involve the consciousness. that the right is over the property of another person, a consciousness obviously inconsistent with a genuine claim ..... he cannot prove the prescriptive acquisition of the right.'in our opinion, this decision lays down the correct ratio, if one reads sections 4 and 15 of the. act together. furthermore, this decision which has been given by the full bench of the bombay high court prior to the bifurcation of the bigger bilingual bombay state, is ..... enjoyment of a certain right over the property for the statutory period without also proving the enjoyment of that as an easement under section 15 of the indian easements act.'these observations underlined by us are a complete answer to the argument advanced by mr. trivedi before us, that from mere user for 50 years or so, .....

In Re: Raymond Woollen Mills Ltd.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1976)46CompCas395NULL

..... own knowledge or information. in respect of inquiries pursuant to complaints by consumers or consumers' associations under clause (a)(i), section 11 of the act provides that the commission shall refer the complaint to the director of investigation for preliminary investigation for the purpose of satisfying itself that the complaint requires ..... right to the director of investigation to appear, inter alia, in suo motu inquiries. chapter ix prescribes the procedure for proceedings under section 37 of the act in respect of matters initiated under section 10. clause (a)(i) provides for inquiries on the complaint of consumers or consumers' associations.regulation 53 prescribes ..... shown herein-above that the notions of particulars of misconduct in a trial under the code of civil procedure cannot be imported into inquiries under the act. apart from this, in our opinion, allegations of restrictive trade practices are only allegations that the party is practising certain trade restrictions in its own .....