Court : Rajasthan
Decided on : Jan-06-1993
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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-24-1993
Reported in : II(1993)DMC413; 1993(2)WLC730
..... order dated june 30, 1993 of the learned judge. family court and give the interim custody of minor nainika to her mother seema till the disposal of her application under section 7 of the guardians and wards act, 1890, which we direct the learned judge, family court, to dispose of expeditiously. we are of the opinion that change of ..... has been challenged by the appellant herein.10. it was contended by the learned counsel for seema that the order of the learned judge, family court refusing to give the interim custody of the minor to seema is against the provisions of the act of 1890 and against justice inasmuch as a girl who is four years of age should ..... j.1. the present appeal under section 19 of the family courts act, 1984 (for short, the act) arises out of the order dated june 30, 1993 of the learned judge, family court, made under section 12 of the guardians and wards act, 1890 (for short, the act of 1890).2. seema, the appellant herein, is admittedly the wife of respondent sanjeev godha .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-09-1993
Reported in : (1994)IILLJ10Raj; 1994(1)WLC97
..... bhagerta and ors. (1988-i-llj-363) a case which had gone from this court to the apex court, the apex court has said that the id act and the act, though treading on the same field, they are not repugnant or inconsistent to each other, but supplemental to each other and dismissal of an application under section ..... specific purpose of 'the development of delhi according to plan' and planned development of towns is a governmental function which is traditionally entrusted by the various municipal acts in different states to municipal bodies, the apex court said that the delhi development authority is a local authority. in the case of kendriya nagrik samiti kanpur ..... that:'even otherwise the petitioner institution is a local authority, the affairs of which are being governed by a committee constituted under the provisions of the aforesaid act of 1961. thus, the petitioner institution by no stretch of imagination can be said to be a shop and commercial establishment within the meaning of section 2 .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-1993
Reported in : 1993CriLJ2217
..... the representation annexure-5, which is placed on record, is addressed to the district magistrate, barmer, and to the home secretary, only. section 8 of the act requires the representation to be made to the 'appropriate government'. the district magistrate, barmer, i.e., the detaining authority, after the receipt of the representation ..... was addressed to the district magistrate, barmer, and to the home secretary. the district magistrate, barmer, forwarded the representation under section 3(4) of the act for consideration to the home secretary, government of rajasthan, jaipur, along with his opinion and para wise comments on 15-10-92. the state government considered ..... of the order dated october 2, 1992 (annexure 1), passed by the district magistrate, barmer, under section 3(3) of the national security act, 1980 (for short 'the act') by which the learned district magistrate, barmer, after being satisfied that the activities of the petitioner were prejudicial to the security of the 'state .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-19-1993
Reported in : 1994CriLJ512
..... the district magistrate on the basis thereof had no jurisdiction to make the detention orders.14. the law is settled that after introduction of section 5a of ns act by act no. 60 of 1984 w.e.f. june 21, 1984, if the grounds of detention are severable then the order of detention shall not be deemed ..... magistrate, jaisalmer or for that matter all the district magistrate in rajasthan that the conferment of the powers under sub-section (2) of section 3 of ns act was necessary having regard to the circumstances prevailing or likely to prevail. learned counsel for the petitioners contends that by the expression 'the circumstances prevailing' is meant ..... is just casual. the government must seriously consider establishing an independent section to deal with the matter of detention, that section should compile the complete case law, act in accordance with law and the detaining authority must apply its independent mind and should not simply sign the note-sheets it must record its own satisfaction.17 .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-11-1993
Reported in : 1993CriLJ3776
..... of law of general importance have been raised, which also involve interpretation of sections 36a and 37 of the narcotic drugs & psychotropic substances act, 1985 (in short, the act' or 'ndps act'). the questions may be formulated as under:-1. whether under the proviso (a) to section 167(2) of the code of criminal ..... regulation of operations relating to narcotic drugs and psychotropic substances, and to implement the provisions of international conventions on such drugs and substances. the act provided deterrent punishment for drug trafficking offences. later on the parliament further felt that still more stringent provisions were necessary to check the menace of ..... counsel for the petitioners also contended that there was serious irregularity and infirmity in search and seizure of the contraband articles, and mandatory provisions of the act were not complied with by the concerned authority, as such, the petitioners deserve to be released on bail on this ground. according to the learned .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-20-1993
Reported in : (1994)IILLJ673Raj
..... fact. the petitioner's case is one of that category which can appropriately be adjudicated under the industrial disputes act, 1947, and, therefore, i do not find any justification for entertaining the writ petition.7. one more serious controversy which exists between the parties pertains ..... issued by the comptroller and auditor-general of india, the company is no longer governed by the provisions of section 6(19-b) of the companies act, 1956. on the merits, the respondent has pleaded that the petitioner's work was not satisfactory during the period of probation. it was below average ..... the court. moreover, for adjudication of such disputed questions of fact, remedy is available to the petitioner under the industrial dispute act, 1947. the procedure prescribed under the industrial disputes act, 1947, empowers the labour court/industrial tribunal to record evidence (oral as well as documentary) and examine various disputed questions of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-07-1993
Reported in : (1996)ILLJ415Raj
..... the parts of 'the establishment', and further that the employer of 'the establishment' will have to contribute to the provident fund and other funds, created under the act. an entrepreneur; whether an individual proprietor, or a partnership firm, or an incorporated company; may be engaged in various business activities and may set up several units ..... company and the firm respectively. 7. before dealing with the questions involved in these appeals, it is necessary to refer to the relevant provisions of the act. the act, as its preamble shows, is to provide for the institution of provident fund for employees in factories and otrer establishments. sub-section (3) of section 1 ..... 3 ki lometers from the factory of modern steels. in the factory of narayani udhyog hot rolling of steel is done. this factory was provisionally covered under the act, w.e.f. april 30, 1983 and, on receipt of a report from the provident fund inspector, the regional provident fund commissioner, jaipur (the commissioner) .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-1993
Reported in : 1993CriLJ2688
..... the apex court distinguished the judgment of the supreme court in the case of santosh anand in view of the specific provision contained under section 8 of the act, which requires for making the representation to the appropriate government only and not to the detaining authority. the apex court, after distinguishing the authority of the supreme ..... a document is in the public interest or not, held that the question of public interest is not justiciable and although the constitution of india and the act have left it to the detaining authority to decide what materials and particulars should be withheld, the court must at least be satisfied that the authorities have ..... , chautan and the village crime book of village khalefe ki babad, the district magistrate, barmer, was satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the security of the state, his detention is necessary and issued the order annexure 1 ordering the detention of the petitioner in the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-1993
Reported in : [1994]205ITR298(Raj); 1994(3)WLC383
..... and, therefore, the expenses which are in the nature of inaugural function have to he allowed subject to the restrictions imposed by section 37(2) of the act, we are, therefore, of the opinion thai the expenditure which is in the nature of entertainment expenditure alone has to be excluded therefrom.9. accordingly, it is ..... expenditure, the amounts which are in the nature of entertainment expenditure are specifically governed by the restrictions imposed under sub-section (2) of section 37 of the act. the expenditure which are on hospitality or provision on food or beverages have to be excluded subject to the restrictions contained in the sub-section. the inaugural ..... assessee was rejected on the ground that the expenses were in the nature of entertainment and are not statutorily admissible under section 37(2b) of the income-tax act, 1961. against this order, an appeal was preferred to the commissioner of income-tax (appeals) and it was submitted that the company was incorporated on february .....
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