Court : Mumbai
Reported in : 2005(6)BomCR447
..... case the government resolution of 17th september, 2001 would be applicable to the employees who are governed by the provisions of the bombay provincial municipal corporation act, 1949. the teachers being a class apart and regulated by another enactment would, therefore, be not governed by the government resolution of 17th september, ..... part of respondent nos. 1 and 2 is illegal, unjust, unreasonable, unconstitutional and without authority of law as the provisions of the bombay primary education act, 1947 and rules, 1949 are applicable to the employees of primary schools set up by municipal corporations. the petitioners members are entitled to receive the ..... in their primary schools. furthermore, the pay scale of the employees employed in primary schools of municipal corporation are protected under bombay primary education act, 1947. under the act the government is an authority to decide the salary and service conditions of the employees of primary schools. reliance for that purpose is placed .....
Tag this Judgment!Court : Karnataka
Reported in : II(1992)DMC5; ILR1992KAR846; 1992(2)KarLJ269
..... the view we have taken that the divorce petition to be filed under section 27 also covers a case of divorceable marriages deemed to have been solemnised under the act, we express our respectful agreement for the same. coming to the observations of the rajasthan high court in cristopher andrew neelakantan's (supra), with respect to the ..... avoiding a marriage as voidable, enables the presentation of a petition for divorce of a marriage other than a marriage solemnised or deemed to have been solemnised under the act, cannot also be sustained as the same ignores the scheme of the provisions envisaged under sub-section (1) of section 24, section 25 and sub-section (1 ..... since the date of entering the certificate of marriage in the marriage certificate book', a petition for divorce under sub-section (1) of section 27 of the act, as enabled thereunder, cannot be presented at all unless a certificate of the marriage entered in the marriage certificate book could show that the time within which a .....
Tag this Judgment!Court : Karnataka
Reported in : 1999CriLJ247; 1999(4)KarLJ500
..... provide security, to the citizens and ensure consistency in approach to reduce the element of subjectivity which is inherent if it is an individual who acts as the final arbiter. institutional safeguards therefore provide the surest guarantee against arbitrariness, and discriminatory treatment. institutions also provide continuity and promote objectivity, in ..... dated 2nd of november, 1992 authorised all the inspectors of police, karnataka lokayukta for purposes of proviso to section 17 of the prevention of corruption act, 1988 subject to the general and overall control and supervision by the director general, bureau of investigation, lokayukta, bangalore. the previous notification dated ..... into administrative actions taken by or on behalf of thegovernment or certain public authorities in the state of karnataka. section 2(12) of the act defines 'public servant' and includes the chief minister, other ministers in the council of ministers, members of the state legislature and government servants .....
Tag this Judgment!Court : Karnataka
Reported in : (2001)IILLJ1600Kant
..... the supreme court held as follows (headnote 1964-i-llj-377):'if before the actual date of certification the certifying officer under the industrial employment (standing orders) act, 1946, had acquired jurisdiction, the certification cannot be held to be void merely because on the date when the draft standing orders were submitted to him he ..... the matter.23. consequently, the only question that arises for consideration before this court is whether the certifying officer was justified in certifying the amendment under the act read with the rules.24. a far-fetched but all the same an interesting argument was advanced by mr. m.c. narasimhan, learned senior counsel for the ..... . nos. 1 and 2 of 1998 is set aside and the order passed by the deputy labour commissioner and certifying officer under the industrial employment (standing orders) act, 1946, hassan, dated june 17, 1998, is restored with the above directions. the writ petitions filed by the management and the writ petitions filed by the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD(Cri)793; 2008(3)ALT243; 2008(2)ALT(Cri)361
..... , sale/distribution of illicitly distilled liquor/manufacture of i.d. liquor in contravention of section 7(a) read with 8(e) of ap prohibition (amendment) act, 195 and also abating the commission of the said illegal activities and thus is a boot legger, that the activities of the said boot-legger are directly ..... is reflected in the grounds of detention and in that view of the matter, it cannot be said that the order is vitiated in any manner.6. the act empowers the authority mentioned therein, to pass an order of preventive detention, with reference to several activities, such as boot legging, decoity, goondaism, immoral traffic, ..... 2(a) & (b) of the andhra pradesh prevention of dangerous activities of boot leggers, dacoits, drug-offenders, goondas, immoral traffic offenders and land grabbers act, 1986 (for short 'the act'), alleging that the detenue was indulging in the activities of boot legging and manufacture and supply of illicit liquor. the order of detention is assailed on several .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1994]92STC412(AP)
..... government or public authority to the promise or representation made by it ..... though executive necessity is not always a good defence, this doctrine cannot be extended to legislative acts or to acts prohibited by the statute.' 10. in union of india v. godfrey philips india ltd. [1986] 59 comp cas 526 (sc); air 1986 sc 806, ..... legislative functions nor can the government or public authority be debarred by promissory estoppel from enforcing a statutory prohibition'. 11. as already noticed the a.p. act 20 of 1987 was given retrospective effect from january 1, 1976. the plain and obvious effect of such retrospective operation is that the provision contained in section ..... . entrepreneurs setting up industries will be eligible for interestfree sales tax loan equal to the tax paid by them under the andhra pradesh general sales tax act if any on construction materials, plant and machinery and equipment during the pre-production stage and purchase tax/sales tax amount paid by them under the andhra .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD497; 1998(3)ALT692
..... claims to be a welfare state are nowhere nearer to the wages fixed by it for an unskilled worker under section 3 of the minimum wages act, 1948 (act xi of 1948).4. the members of the petitioner-association were working as part-time workers in forty two libraries established at mandal head quarters ..... ) no.112, dated 23-7-1997, the g.os. under attack in this writ petition respectively, and both the provisos are extracted hereunder:'3. in section 7 of the principal act: (a) ....... ....... ....... ....... (b) ....... ....... ....... ....... (c) after the opening paragraph and before the first proviso so amended, the following provisions shall be inserted,namely: 'provided ..... departments did not submit their reports, even in case where the reports were received the government failed to take any action. to my mind this act is intended not only to curb the evil practice of making irregular appointments, without going into the attendant circumstances that lead to these irregular appointments like .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD176; 2000(4)ALT17; [2000(86)FLR743]; (2001)ILLJ478AP
..... it is stated in the counter-affidavit that the writ petition is not maintainable since the petilioncrs have chosen the remedy provided under the industrial dispute act by raising an industrial dispute. it is further slated that in view of the dispute raised by the union representing the workers including the petitioners ..... categories. the government of india accordingly issued notification, in exercise of the powers under section 10(1) of the act, prohibiting the employment of the contract labour in various works in the establishments of the respondents, which are extracted hereunder:'schedule 1. fire fighting (fire supervisor ..... of india referred the matter to the central advisory contract labour board constituted under section 3 of the contract labour (regulation and abolition) act, 1970, (hereinafter called 'the act'), and the said board in its meeting held at new delhi on 3-11-1993 recommended for abolition of contract labour in 13 different .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD319; [2003]115CompCas787(AP)
..... counsel mr. c.r. pratap reddy, submits that, although there is no provision in the state financial corporations act, 1951 authorising respondents to have one time settlement with borrowers but on comprehensive reading of the act there remains no doubt that such power can be exercised by the respondents. it is necessary to have a ..... of the board are given under section 24. it lays down :'24. general duty of the board :--the board in discharging its functions under this act, shall act on business principles, due regard being had by it to the interestsof industry, commerce and the general public.'in the light of these provisions the argument ..... making payments towards the dues by issuing cheques whcih have been dishonoured and the respondent corporation has also initiated criminal action under section 138 of negotiable insruments act against the petitioner. even after dishonour of the cheques the managing director of the petitioner-company was called by the respondent, he failed to appear, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All1
..... (3) of article 13 of the constitution 'law' includes an order having force of law. but that definition is for purposes of article 13 only. indian contract act is act no. ix of 1872. that was long before the constitution of india was drafted. the definition of 'law' contained in article 13 of the constitution can have no ..... an agreement contravening an order passed by the district magistrate under section /(2) of the rent control act defeats the purpose of the act. but it does not follow that, the agreement also defeats the ..... the provisions and, in fact, the very purpose of the act. further, such contracts are opposed to public policy which is to control letting in view of the scarcity of accommodation and also to control rents that may be demanded in respect of buildings constructed before january 1951. such an agreement is void.28. we may assume that .....
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