Court : Punjab and Haryana
Reported in : AIR1983P& H94; [1984]56CompCas236(P& H)
..... in this case) that compensation under that provision has to be fixed on the some basis as is required to be done under fatal accidents act, 1855(act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate ..... the state or central services is concerned, detailed rules govern the provident fund of government employees. legislative enactment like the employees' provident funds and miscellaneous provisions act, 1952 and provisions analogous hereto exist on the statute book. apart from these specific provisions even generally what is basic herein, is the element of ..... in such cases should be answerable in damages for the injury so caused by him.'it deserves highlighting that the language of the indian fatal accidents act as originally enacted was virtually in pari materia with its english counterpart barring some marginal procedure differences therein. consequently, the legal position under both the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H274
..... to enable the learned deputy commissioner and the parties affected to read the order so as to be better able to understand this court's direction and thereafter to act in accordance therewith. rule of law. which includes justice according to law, may not lightly be sacrificed at the altar of mere administrative convenience. that this should ..... automatically conferred on her the status of a co-opted member-she could not possess the status of such member without a formal co-option in accordance with the act and the relevant statutory rules. such co-option is not a mere idle formality but unreal foundation of the right to vote.10. turning now to the ..... doubt that smt. chuneshwari gaur did not stand automatically co-opted by virtue thereof and that she had to he co-opted in accordance with the formalities prescribed by the act the general assistant to the deputy commissioner. kulu, shri jalinder singh, respondent no. 3. according to the petitioners' averments, had issued a notice to the members .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H110
..... under section 19, the appeal filed by the petitioners would be covered by section 30(1). the learned counsel could not point to any provision in the act where appeal is expressly barred. on the contrary under certain provisions a separate right of appeal has been granted, for instance under section 10 the proviso to sub ..... to the question of granting permission or refusing permission to execute the decree which the landlord has already obtained from the court under provisions of the rent restriction act. section 19(4) read with section 20 makes it clear that the legislature intend and provided for a right of appeal against an order made under section ..... be final.'section 30 which appears in the chapter containing miscellaneous provisions is in the following terms:'30. appeals-(1) except as otherwise expressly provided in this act, any person aggrieved by any notice, order or direction issued or given by the competent authority may appeal to the administrator within a period of thirty days .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC503; 1965CriLJ608; [1956]1SCR303
..... of the subordinate judge of lower assam district at dhubri praying, inter alia, for a declaration that the assam state acquisition of zamindaris act, 1951 (assam act xviii of 1951) as amended by assam act vi of 1954 was not validly passed, was not law at all and was unconstitutional, ultra vires and void and for a declaration ..... raja's t. s. no. 1 of 1955. the issues common to the two suits were as follows :-(1) whether the assam state acquisition of zamindaris act, 1951 (assam act xviii of 1951) and its amendments are within the competence of the state legislature and whether they were enacted according to law ? (2) whether the notification no. rt. ..... forwarded to the president and on the 27th july 1951 it received the assent of the president and became assam act xviii of 1951. the act was published in the assam gazette of the 8th august 1951. on the 11th september 1951 the legislative assembly passed a bill amending assam act xviii of 1951 in certain particulars and this bill, having been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC430; [1966]1SCR574
..... on the parties, but merely dealt with procedural matters, matters which are dealt with by several high courts under the letters patent. even tht-travancore-cochin civil courts act, 1951 the provisions of which relate to civil courts subordinate to the high court does not confer any right of appeal though it divides civil courts into four classes and ..... the code of civil procedure. the learned counsel, however, contended that in the instant case it is traceable to the provisions of travancore-cochin high court act of 1949. that act as is preamble shows was enacted for making provision regulating the business of the high court of travancore-cochin for fixing the jurisdiction of single judges, division ..... the reason why the appeals were heard by a single judge and not placed before a division bench was that under s. 5 of the kerala high court act 5 of 1959 the jurisdiction of a single judge of the high court to tear and dispose of appeals from an original decree was extended to appeals in which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1860; (1976)3SCC485; [1976]SuppSCR101
..... which was published in the orissa gazette (extraordinary) and is final and entries whereof cannot be questioned except in the manner provided in section 5 of that act, it is recorded that the temple of lord jagannath occupies an area of 10 acres and its premises include all appurtenant and subordinate shrines and the outer and ..... been recorded in the record of rights as 'khas dakhali' land of the respondents and was never intended for storage and sale of 'mahaprasad') and was thus acting in a manner derogatory to the dignity of the temple, the respondents in whom the governance and administration of the temple and its endowments vested under section 5 of ..... him with another notice imposing an accumulated penalty of rs. 4.600/- at the rate of rs. 100/-per diem and that there being no provision in the act empowering the respondents to do any of the aforesaid things, their action was arbitrary, illegal and without jurisdiction.4. the suit was vigorously contested by the respondents. while .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC775; [1961]2SCR501
..... passed the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (madhya pradesh act i of 1951), hereinafter referred to as the act, which received the assent of the president of india on january 22, 1951. the preamble of the act stated that it was one to provide for the acquisition of the rights of ..... interpretation of the constitution. hence the present appeal. 2. the appellant was the ruler of the state of baster. after the passing of the indian independence act, 1947, the appellant executed an instrument of accession to the dominion of india on august 14, 1947. thereafter, he entered into an agreement with the dominion ..... proprietors in estates, mahals, alienated villages and alienated lands in madhya pradesh and to make provisions for other matters connected therewith. under section 3 of the act, vesting of proprietary rights .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC314; (1974)4SCC623; [1974]2SCR492
..... from september 16, 1963 the electricity company was over-charging the consumers and had thus failed to comply with the provisions of the sixth schedule to the act. therefore, the board proposed to appoint a rating committee to make recommendations to the government regarding charges for electricity which the company could make to its consumers ..... the provisions of the said schedules accordingly. the provisions of these schedules, after incorporation in the licence, are to prevail over any provisions of the indian electricity act, 1910, the licence granted to the licensee therein and of any other law, agreement or instrument applicable to the licensee in so far as they are ..... against the grantor of the licence namely the state government and not the board. if the licensee could make such reference under any other provisions of the act, it is another matter. the present reference, to the authority against the board however could not be described as a reference under paragraph xvi of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC759; [1974(28)FLR223]; (1974)ILLJ304SC; (1974)4SCC365; [1974]3SCR142
..... the contractors.7. before we deal with the questions of law raised in this appeal, it will be appropriate to refer to the material provisions of the act.8. the act, as it appears from the preamble, is passed 'to provide for certain benefits to employees in case of sickness, maternity and employment injury and to ..... .24. under chapter viii (miscellaneous), section 94 provides, inter-alia, that contributions due to the corporation shall 'have priority over all other debts.25. the act is thus a beneficial piece of social security legislation in the interest of labour in factories at the first instance and with power to extend to other establishments. ..... section 2(13) and the workers employed for cutting and dressing the granite stones by the immediate employers are employees within section 2(9)(ii) of the act, being employed through the immediate employers on the premises of the factory including the precincts thereof. the fact that in 1963 the contractors' factory was separately registered .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1286; 71(1991)CLT645(SC); JT1991(2)SC82; (1991)IILLJ62SC; 1991(I)OLR(SC)450; 1991(1)SCALE578; (1991)2SCC599; [1991]1SCR990; 1991(2)LC406(SC)
..... shall be challenged in any court of law merely on the ground that the appointment was made otherwise than in accordance with procedure laid down in the education act and the rules and regulations framed thereunder;....4. the high court rejected the prayer for regularisation, and held that the appellant was not entitled to the benefit ..... office under this order. those who are entitled to maternity or medical leave shall also be granted such leave in accordance with the rules.6. the validation act has been enacted by the orissa legislature with the obvious object of granting relief to those members of teaching community who are being exploited for years together by ..... appointment for 89 days was conditioned by the stipulation that he would continue until replaced by a candidate from the select list. the high court read into the act what was not there. in response to the notice issued in the special leave petition the managing committee through its secretary-cum-head master has stated that .....
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