Court : Rajasthan
Reported in : 1992WLN(UC)442
..... central government, they certainly fall within the purview of the expression 'under the central government', for purposes of the acts dealing with shops and commercial establishments in view of the existence of deep and pervasive control of the central government over these banks. it was further observed that ..... undertake one or more of the following activities:(a) set up plant or plants for manufacture of chemical fertilisers and allied products/by-products;(b) acquire, establish, construct, provide and maintain and administer factories, townships, estates, railway-sidings, builtyards, wells, water-reservoirs, channels, pumping installations, purification-plants, pipelines ..... foreign countries for machinery and equipment, and for designing, engineering, construction, erection, operation and maintenance of fertilisers and chemical plants;(g) establish branch offices and sales depots;(h) carry on agency business of every kind and description connected with the business of iffco;(i) undertake .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... not apply to the respondents and they would be entitled to claim overtime wages under sec. 59 of that act read with sec. 70 of the bombay shops and establishments act, 1948.'58. similarly, the principles laid down in ajay kumar v. union of india 1984 i llj 68, are against the petitioners. it is ..... service of the employees in several other undertakings in the public sector compared unfavourably to those of the corporation employees was not conclusive. but the burden of establishing hostile discrimination was on the petitioners who challenged the amendment act and the rules. it was for them to show that the employees of the life ..... the bargaining power of the contracting parties is equal or almost equal. this principle may not apply where both parties are businessmen and the contract is a commercial transaction. in today's complex world of giant corporations with their vast infrastructural organisations and with the state through its instrumentalities and agencies entering into almost every .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1197; (1993)ILLJ244SC; 1992(2)SCALE836; (1993)1SCC13; [1992]Supp1SCR956; (1993)1UPLBEC25
ORDERR.M. Sahai, J.1. Can Disciplinary Authority while imposing punishment, major or minor, act on material which is neither supplied nor shown to the delinquent is the only issue, of substance, which arises for consideration in this appeal, filed by the State Bank of India against the judgment and order of the High Court of Punjab and Haryana.2. Even though more than ten years have elapsed since the respondent was charge sheeted the proceedings have not achieved finally as yet. Partial responsibility for the delay was of the respondent as weft, who on every minor issue, rushed to, the courts including this Court At one stage die inquiry had beet closed ex-parte against him. But it was directed to be re-opened by this Count in 1984 with direction to continue it from the stage it was closed and; permission to the bank to produce material including examination of witnesses subject to cross examination. The Court further directed the Central Vigilance Commission to appoint another Inquiry...
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR240
..... when such sale takes place, the pawnor or pledge loses all his rights on such sale. at this stage, we may also even point out that it is the established position of law that a pawn broker has an implied authority to sell as pointed out in : [1967]2scr233 . therefore, it is clear that the business of ..... , supplying or distributing goods directly or otherwise, whether for cash or for deferred payment, or for commission, remuneration or other valuable consideration, and includes -(i) an industrial, commercial or trading undertaking of the government of karnataka, the central government, a state government of any state, other than the state of karnataka, a local authority, company, a hindu ..... is significant to notice here that the explanation to the definition has enlarged the meaning of the said term. as per the explanation every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an .....
Tag this Judgment!Court : Karnataka
Reported in : [1994]94STC243(Kar)
..... such sale takes place, the pawner or pledge loses all his rights on such sale. at this stage, we may also even point out that it is the established position of law that a pawnbroker has an implied authority to sell as pointed out in : [1967]2scr233 (lallan prasad v. rahmat ali). therefore, it is ..... supplying or distributing goods, directly or otherwise, whether for cash or for deferred payment, or for commission, remuneration or other valuable consideration, and includes - (i) an industrial, commercial or trading undertaking of the government of karnataka, the central government, a state government of any state, other than the state of karnataka, a local authority, company, a hindu ..... : '(7) 'pawnbroker' means a person who carries on the business of taking goods chattels in pawn for a loan. explanation. - every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or .....
Tag this Judgment!Court : Chennai
Reported in : 1993(64)ELT399(Mad)
..... expression 'industrial plant' is, according to learned counsel, manifestly arbitrary and violates article 14 of the constitution of india. it is submitted that establishments excluded are hotels, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and workshops. they do not belong to any ..... the performance of any process or series of processes necessary for manufacture, production or extraction of a commodity, but does not include - (i) establishments designed to offer services of any description such as hotels, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and workshops, ..... v. state of kerala, : [1957]1scr837 ; cit v. keshavlal, : [1965]55itr637(sc) ; cit v. m & g stores, air 1968 sc 200; joint commercial tax officer v. yma, madras, : [1970]3scr680 ; europen oil (nz) ltd. v. inland revenue commissioner (1976) 1 all er 503; (legal rights arising from .....
Tag this Judgment!Court : Chennai
Reported in : 1993(42)ECC243
..... expression 'industrial plant' is, according to learned counsel, manifestly arbitrary and violates article 14 of the constitution of india. it, is submitted that establishments excluded are hotels,, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and workshops. they dp not belong to any class ..... in the performance of any process or series of processes necessary for manufacture, production or extraction of a commodity, but does not include(i) establishments designed to offer services of any description such as hotels, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and ..... a.v. femandex v. slate of kerala : [1957]1scr837 ; cit v. keshavlal : [1965]55itr637(sc) cit v. m& g stores : [1963]2scr405 joint commercial tax officer v. yma, madras : [1970]3scr680 ; europea oil (nz) ltd. v. inland revenue commissioner 1976 1 all er 503 (legal rights arising from a .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)IIILLJ331Bom
..... indicated above, there is no merit in the said contention advanced on behalf of the appellants. firstly, the expression 'commercial establishment' under section 2(4) of the bombay shops and establishments act expressly applies to the societies registered under the society registration act and also a charitable or other trusts which carry ..... . the learned single judge, after considering the evidence, came to the conclusion that the appellant-trust was a 'commercial establishment' as defined under section 2(4) of the bombay shops and establishments act; that it carried on systematic activity which was organised with the co-operation between the employer and employee for ..... 2 also came to the conclusion that as per item 17 of part i of the schedule of employment, even 'commercial establishment' as defined under section 2(4) of the bombay shops and establishments act, 1948, included a charitable trust and in the circumstances, after considering the various authorities cited before the second .....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker393
..... regulations of the master plan. rule 15(7) deals with projections into and construction on open spaces; rule 35(1) deals with the size of the shop in a commercial area; rule 22(6)(b) deals with the structure design of the foundations. the proceedings of the government read with the recommendations of the chief town planner ..... power was the opinion of the government that it was not in the public interest to apply or any of the provisions of the act to an establishment or class of establishments and that opinion was founded on a consideration of the financial position and other relevant circumstances. therefore, parliament had clearly laid down principles and had ..... to such conditions as may be specified in the notification, exempt from the operation of all or any of the provisions of any scheme by various types of establishments. on the question of validity of section 17, the supreme court observed that exemptions were to be granted by the appropriate government only if in the opinion of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... that the government may commit crimes in order to secure the conviction of a private criminal would bring terrible retribution. the only effective way to establish a constitutional regime in the administration of criminal justice is for the administrative superiors of police and prosecutors to insist on compliance of the constitutional ..... blight young lives, traffic in drugs and freely indulge in smuggling and claim fundamental rights to exploit weak links of law, indulge in violence and commercial camouflage. our values are drastically eroded because many a man with no more moral backbone than a chocolate eclair claim the freedom and free action which ..... lotteries and amusement act, 1976. the plaintiff initiated action in the commercial court, high court, seeking a declaration that their schemes are lawful. before charges were tried in the commercial court, the crown court took a preliminary objection that the commercial court has no jurisdiction to grant declaration sought for and if it .....
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