Court : Karnataka
Decided on : Jul-03-1990
Reported in : AIR1991Kant79
ORDER1. In these petitions under Art. 226 of the Constitution the petitioners have sought for a declaration that S. 39 of the Standards of Weights and Measures Act, 1976 (hereinafter referred to as the Act and Rules 1(3), 2(s), 4, 6 and 23 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as the Rules) are void and unenforceable. They nave also sought for certain other incidental reliefs.2. The petitioners claim to be engaged in the business of selling various commodities who have factories in various parts of the country. Various goods are manufactured by them with the intention of selling them throughout India. The grounds upon which the various provisions of the Act and the Rules are challenged are as follows : (i) That S. 39 of the Act being applicable to only inter-State trade and commerce has no application to sales effected by the petitioners which are inter-State transactions. (ii) Rules 6 and 23 are unreasonable restrictions ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-09-1990
Reported in : AIR1990P& H259; (1990)98PLR666
ORDERA.P. Chowdhri, J.1. The principal question which will largely decide the fate of these writ petitions is -- as to the nature and degree of quid pro quo (one thing in return for another) between the fee realised and the cost of services rendered. In other words, whether quite a substantial portion of the amount of fee must be shown to be actually, distinctly and primarily spent for the benefit of the prayer or whether a broad and general correlationship between the fee and the services satisfied the crucial test.2. The question stated above is common to a number of writ petition. For the sake of convenience, nine writ petitions Nos. 3923, 3924, 3925, 3926, 5542, 5543, 5544, 3760 of 1986 and 6328 of 1987, challenging the vires of market fee levied under the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as 'the Act') are dealt with in Part I. Part II deals with CWP No. 2551 of 1988 relating to timber. Part III deals with CWP No. 121 of 1988 challenging the va...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-1990
Reported in : [1991]72CompCas588(AP)
ORDERJeevan Reddy, J.1. The issue before the Full Bench is whether a writ petition liesagainst a Co-operative Society, and if it doe's, in what circumstances? Context is the enforcement of bye-laws governing service conditions of employees.2. In P. S. Naidu v. Chittoor District Co,-operative Central Bank, (1977) 2 APLJ (HC) 282 : (1978 Lab IC 528), a Division Bench of this Court held that an order of punishment made by a Society against its employee cannot be questioned by the latter by way of writ petition. The Bench pointed out 'as far as this Court is concerned, it has uniformly taken the view that a writ petition does not lie against a co-operative society especially when it relates to matters concerning the Society and its employees. In C. V. Narasimha Naidu v. Chittoor District Co-operative Bank Ltd., (1971)2 APLJ (SN) 16 ('W.P. No. 3788/1970 dated 7-6-1971'), one of us (Kuppuswami, J.) following the decision of a Division Bench of this (Madras?) Court in Lakshmaiah v. Sri Perumb...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1990
Reported in : AIR1991SC631; JT1990(4)SC245; 1990(2)SCALE836; 1991Supp(1)SCC574; [1990]Supp2SCR433; (1991)2UPLBEC826
1. These are applications under Article 32 of the Constitution. The first petition is by an advocate practising in this Court; the second by the Supreme Court Advocates on Record Association and the last by the Honorary Secretary of the Bombay Bar Association. These applications are in the nature of public interest litigation. The relief asked for is one for mandamus to the Union of India to fill up the vacancies of Judges in the Supreme Court and the several High Courts of the country and ancillary orders or directions in regard to the same. The petition from Bombay is confined to the relief of filling up of vacancies in the Bombay High Court. Since common pleas were advanced and the relief sought was of similar nature, these applications have been clubbed together and heard from time to time.2. In response to the rule, the Union of India took the stand through the Attorney General that the petitions were not maintainable and the filling up of the vacancies in the superior courts was ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1990
Metro Broadcasting v. FCC - 497 U.S. 547 (1990) U.S. Supreme Court Metro Broadcasting v. FCC, 497 U.S. 547 (1990) Metro Broadcasting, Inc. v. Federal Communications Commission Nos. 89-453, 89-700 Argued March 28, 1990 Decided June 27, 1990 497 U.S. 547 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus These cases consider the constitutionality of two minority preference policies adopted by the Federal Communications Commission (FCC). First, the FCC awards an enhancement for minority ownership and participation in management, which is weighed together with all other relevant factors in comparing mutually exclusive applications for licenses for new radio or television broadcast stations. Second, the FCC's so-called "distress sale" policy allows a radio or television broadcaster whose qualifications to hold a license have come into question to transfer that license before the FCC resolves the matter in a noncomparative hearing, but...
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