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The New India Assurance Co. Ltd. Vs. the Central Industrial Tribunal a ...

Court : Rajasthan

Reported in : (1993)IILLJ26Raj; 1993(1)WLC364

..... too helps the respondent. we are not entering into this controversy and in the facts and circumstances of the case, we do feel that under section 17(b) of the act he, must be permitted to draw full back wages at the rate wages last drawn by him till the disposal of this appeal.5. we, therefore, modify the stay-order ..... the authorities cited before us. an absolute stay, in our opinion, is neither permissible nor can be granted, in the light of the provisions of section 17(b) of the act. the legislature clearly intended that workman should not be permitted to starve because the other party wants to take further proceedings by way of appeal or otherwise. it is a ..... as it could not be granted by this court, even ex-party, in view of the mandatory provisions of section 17(b) of the industrial disputes act, 1947 (here-in-after referred to as 'the act of 1947'). his contention is that in the instant case, the respondent has been facing litigation ever since 1988 till the dale. it was after .....

Mazid Vs. Smt. Raj Kunwar and ors.

Court : Rajasthan

Reported in : 2009(3)WLN202

..... pillion rider of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk (ii) the the legal obligation arising under section 147 of the act cannot be extended to an injury or death of the owner of vehicle or the pillion rider; (iii) the pillion rider in a two wheeler was not to be treated .....

Cit Vs. Badrilal Chaturbhuj

Court : Rajasthan

Reported in : (2002)177CTR(Raj)165

..... ) on the ground that under similar circumstances no penalty was levied in the case of sister concern ?' 2. in the proceedings under section 271(1)(c) of the income tax act, a penalty of rs. 19,320 was levied. the commissioner confirmed the penalty. the tribunal held that out of the total addition of rs. 29,267, penalty was rightly imposed ..... by the courtthis reference application at the instance of revenue under section 256(2) of the income tax act, 1961, has been filed seeking opinion of this court on the following questions :'1. whether on the facts and in the circumstances of the case of tribunal is legally justified .....

N. Rajendran Vs. the State of Transport Appellate Tribunal,

Court : Chennai

Reported in : AIR2008Mad156; (2008)2MLJ783

..... , violating article 14 of the constitution of india. keeping in mind, the legislative intent and the benevolent scheme, the provisions of section 104 of the act has to be read and interpreted to give the most beneficial interpretation and therefore, i am of the considered opinion that the grant of spare mini bus ..... objections to the proposal. as per section 101 of the act, notwithstanding anything contained in section 87, a state transport undertaking, may in the public interest operate additional services for the conveyance of the passengers on special ..... or any other law for the time being in force or in any instrument having effect by virtue of any such law. section 99 of the act deals with the preparation and publication of proposal regarding road transport service of a state transport undertakings. section 100 enables objectors or his representatives to submit .....

Welcome Match Works Vs. Union of India

Court : Chennai

Reported in : 1994(71)ELT884(Mad)

..... and (vii) packing. 5. the petitioners herein are manufacturers of matches which is an excisable commodity falling under item 38 of first schedule to the central excises and salt act. as stated earlier, there are broadly three classes of manufacturers. they being (1) mechanised sector, (2) semi-mechanised sector and (3) non-mechanised sector. the ..... are conferred on the government in the matter of granting exemptions, any particular order could be questioned if it was contrary to the provisions of the act or that the conditions imposed thereunder for getting the concessions are neither germane nor relevant to the particular item in respect of which the condition was imposed ..... or that it was not consistent with the operative provisions of the act itself. it was also brought to the notice of the division bench of number of instances where the exemption was based on the process of manufacture, .....

The Special Officer, Dharmapuri District Co. Op. Sugar Mills Vs. T.N. ...

Court : Chennai

Reported in : (2004)ILLJ407Mad; (2003)3MLJ503

..... making him permanent, are questions which have to be resolved by raising a dispute before the appropriate forum. 9. section 2(k) of the industrial disputes act recites as under:-'industrial dispute' means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is ..... promotion and other benefits. therefore, the availability of the rights and benefits for which the plaintiffs make a claim be said to be flowing only under the industrial disputes act and therefore, the civil court's jurisdiction has to be ousted impliedly.'12. in rajasthan state road transport corp. & anr. etc. v. krishna kant etc. : ..... herein as also the suits and proceedings to be instituted hereinafter.' 13. a dispute which can be agitated only in a forum created under the industrial disputes act, cannot be adjudicated for resolving such grievance before civil court, which will have no jurisdiction to entertain a suit. the position as on date is an .....

Sivakumar Vs. State by Deputy Superintendent of Police

Court : Chennai

Reported in : 2007CriLJ3481

..... commit suicide. those words are casual in nature which are often employed in the heat of the moment between quarrelling people. nothing serious is expected to follow thereafter. the said act does not reflect the requisite mens rea on the assumption that these words would be carried out in all events. besides the deceased had plenty of time to weight the ..... pros and cons of the act by which he ultimately ended his life. it cannot be said that the suicide by the deceased was the direct result of the words uttered by the appellant. for these .....

Gurcharan Singh and ors. Vs. Secretary, Urban Development, Government ...

Court : Punjab and Haryana

Reported in : (2010)158PLR490

..... development of the property acquired takes place and the exercise of distribution through allotments comes to fruition.2. the petitioners' lands were acquired through awards issued under the land acquisition act on 25.06.1975 and 15.11.1976. compensation amounts for the lands acquired had also been received by the petitioners. the government of haryana through haryana urban development authority ..... . 17265 of 2005, which was dismissed by this court holding the application to be premature. it is a well known axiom that actus curiae neminem gravabit, which means that an act of court could do no harm. if at one stage, the court found the application was premature, at the next round when a writ petition is filed, a defence cannot .....

Sri Amar Kumar Barik and ors. Vs. National Instruments Limited and ors ...

Court : Kolkata

..... they had taken measures to mobilize resources to meet the extra burden. it was further submitted that after amendment of the sick industrial companies (special provisions) act, 1985, the pses have been brought within its purview. so far 50 pses have been registered with the bifr. it was suggested that the pses, ..... in the 49th annual report for 2005-06 of nil. the authorities were repeatedly approached by the petitioners but without any result. the respondent authorities, thus, acted in an arbitrary manner and the writ petitioners had been discriminated against.10. being left with no choice, the petitioners approached this court for redressal of their ..... company on a reference to the board for industrial and financial reconstruction (hereinafter referred to as 'bifr') under section 17 of the sick industrial companies (special provisions) act, 1985. the government of india, ministry of industry, department of public enterprises issued one office memo no. 2(42)/97-dpe(wc) dated 24th october, .....

Tapas Kumar Ghosh Vs. State of West Bengal

Court : Kolkata

Reported in : 2007(4)CHN645,2007CriLJ434

..... curiously enough, appellant did not discharge this onus and naturally having regard to the prosecution evidence and having regard to the specific provision of section 113b of the evidence act, we are constrained to hold that the housewife did not meet the death accidentally and when the learned trial court has already ruled out the case of murder, ..... m.p. reported in 2004 scc (criminal) 671 : air 2005 sc 1411, the hon'ble court having regard to the provision of section 113b of the evidence act together with section 304b of the indian penal code observed that if accused raises the question of accidental death, whereas all the ingredients of section 304b are satisfied by ..... housewife raises serious doubts about the conduct of the appellant.20. the learned advocate contends that keeping in view the provision of section 113b of the indian evidence act along with section 304b of the indian penal code, if it is proved from evidence that the death took place within seven years of marriage and there .....