Court : Gujarat
Reported in : (1976)GLR849; (1977)IILLJ27Guj
..... the wage board to take into consideration the representation made under sub-s. (2) it clearly transpires that even through the wage board may be for the industry the act enjoins a duty on the wage board constituted under ..... call upon newspaper establishments and working journalists and other persons interested in the fixation or revision of rates of wages of working journalists to make a representation and sub-s. (2) provides that every such representation shall be in writing containing therein the materials showing its capacity to pay any revised pay structure and sub-s. (3) enjoins a duty upon the .....
Tag this Judgment!Court : Delhi
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... apply even to the benches that are constituted for deciding various matters by the tribunal. where data is more technical and factually complex, there should be more representation of technical members on the bench. but where it isnot so and particularly where legal interpretation is involved,the benches should have larger number of judicial members. ..... taxing statutes what is understood in common parlance is the meaning which has to be attached to them. they have to be taken in the sense which people conversant with the subject matter with which the statute is dealing will take them tobe. however, the same item may be understood in different contexts depending upon ..... technical sense but as understood in common parlance, being a word of every day use it must be construed in its popular sense meaning 'that sense which people conversant with the subject matter with which the statute is dealing would attribute to it.(18) the rationale in giving the ordinarily understood meaning to the words to .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR152
..... submitted that the provisions are violative of principles of natural justice as the owner whose rights are acquired is deprived of an opportunity of making an effective representation. though the petition raises two additional contentions, i.e., (a) that the provisions of chapter are violative of article 300-a of the constitution of ..... ensure that steps are taken to protect the shelter over the heads of unfortunate citizens. the buildings which are constructed for occupation of limited number of people are now occupied by desperately large number only due to scarcity of accommodation. the landlord of such buildings are not inclined to effect structural repairs or ..... of classification and the object of the act under consideration. it is well settled that the legislature understands and correctly appreciates the need of its own people and the laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds. in order to sustain the presumption .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... to be supplied by the passport authority after the making of the order and the person affected would, therefore, be in a position to make a representation setting forth his case and plead for setting aside the action impounding his passport. a fair opportunity of being heard following immediately upon the order impounding ..... debate and open discussion, for that is the only corrective of governmental action in a democratic set up. if democracy means government of the people by the people, it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his ..... passport forfeit.133. the impugned legislation, sections 5, 6 and 10 especially, must be tested even under article 21 on canons of processual justice to the people outlined above. hearing is obligatory-meaningful hearing, flexible and realistic, according to circumstances, but not ritualistic and wooden. in exceptional cases and emergency situations, interim .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1987(13)ECC60; 1987(12)LC621(P& H); 1987(30)ELT876(P& H)
..... not applicable in such cases. moreover, the petitioner was claiming the relief against the revenue and the revenue had not changed its position to its detriment on any representation made by the petitioner.46. there is another aspect of the matter, which negates the application of the principle of unjust enrichment. the theory has its basis in ..... civil suit. the writ petition is not the forum to determine the rights of the parties under a contract.45. shri shanti bhushan also argued that on petitioners' representation, respondent no. 5 had changed its position to its detriment by refunding the excise duty to the petitioners. the petitioners are now estopped from seeking refund of excise ..... . 12. this order was passed on september 30, 1984 (copy whereof is annexed with the petition as annexure 'viii'). petitioner no.1 made a number of representations to the department for refund of the excise duty to the tune of rs. 1,31,04,811.89 which had been illegally levied on and recovered from petitioner .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1990All188; (1990)2UPLBEC1110
..... represent either the federal legislature, state legislature or local self-government. a representative of co-operative societies or co-opted members cannot claim the same representation. without the first set, pramukh and up-pramukh cannot be elected, but can without the second set. the pramukh and up-pramukhs are offices ..... disqualification is in reference to section 13 which refers to disabilities whether general or for a proven misdemeanour. this disqualification is in specific reference to representation from co-operative societies under section 6(1)(iii) and co-opted members undersection 6(2) of the act. the disability clause, that is ..... representation, the kshettra samiti, as is composed under section 6(1) consists of pradhan of constituent gaon sabhas, the chairman of the committee for a town area and president of the committee for a notified area contiguous to the khand appropriately declared, representatives from co-operative societies as prescribed, members of the house of the people .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51
..... the deportation of willing pavement dwellers afford some indication that they are migrants from the interior areas, within and outside maharashtra. it is estimated that about 200 to 300 people enter bombay every day in search of employment. these facts constitute empirical evidence to justify the conclusion that persons in the position of petitioners live in slums and on ..... representation made by him. he must make it good. this principle can have no application to representations made regarding the assertion or enforcement of fundamental rights. for example, the concession made by a person that he does not possess and would ..... . the doctrine of estoppel is based on the principle that consistency in word and action imparts certainty and honesty to human affairs. if a person makes a representation to another, on the faith of which the latter acts to his prejudice, the former cannot resile from the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi1; 1981LabIC1012; 1980RLR508
..... policy was disregarded.'a review of the case confirms the distinction between ordinary administrative action including the exercise of the power to enter into contracts and make representations by the government which is governed by the private law including the law of estoppel, and the exercise of sovereign executive power by the government in ..... uttar pradesh government to individual forms that exemption from sales-tax would be granted to them for a certain number of yeas. the representees acted upon the representation and changed their position. the law did not prohibit the government from granting such exemption. it could not thereforee be argued by the govt. that there ..... of the situation. none of these decisions can, thereforee, help the petitioners. (42) on the contrary, we have referred to several decisions in which the representation was a part of the government policy which was liable to change. the reasons of such change were not concerned with the conduct of the representees of the .....
Tag this Judgment!Court : Karnataka
Reported in : 1999CriLJ1558; 1999(4)KarLJ247
..... -ness, to convert slackness into laches and disentitle a person from approaching this court in its extraordinary jurisdiction. but where distance in time is linked with negotiation, representation and its consideration, the argument of passage of time stands diluted. further even though reduction of area, grant of fresh lease as far as possible to one acre ..... detected in time is sure to maligns the polity of a country leading to disastrous consequences. corruption is opposed to democracy and social order being not only anti-people but aimed and targeted against them. it affects the economy and destroys the cultural heritage. unless nipped in the bud at the earliest, it is likely to ..... chief minister. that is in itself a rather extraordinary and unusual occurrence and if these charges are true, they are bound to shake the confidence of the people in the political custodians of power in the state, and therefore, the anxiety of the court should be all the greater to insist on a high degree of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC333; (1953)IIMLJ123(SC); [1954]1SCR53
..... to pass on the tax to the purchasers at the time of such sales. how, it is asked, is the seller to know whether his purchaser will actually honour his representation that he wants the goods for the purpose of export if the seller has no confidence in the integrity of his purchaser he will not sell to him without sales ..... claims of foreign trade in the interest of our national economy and of the state's power of taxation in the interest of the expanding social welfare need of the people committed to its charge, and we have their solution as expressed in the terms of clause (1)(b). it is for the court to interpret the true meaning and scope .....
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