Court : Chennai
Reported in : AIR1995Mad292
..... of the states reorganisation act, 1956. ..... it was held by the bench that the power under section 41 of the states reorganisation act extended only to making such modification in the original scheduled castes order, as was compatible with the territorial changes and formation of new states, and, it therefore, did not authorise the president to exclude any person from the category of a scheduled caste, who ..... into the gazeteers and the glossaries on the punjab castes and tribes to which reference was made at the bar to find out whether mochi and chamar in some parts of the state at least meant the same caste although there might be some difference inthe professions followed by their members, the main difference being that chamars skin dead animals which mochis do not. ..... it may be accepted that it is not open to make any modification in the order by producing evidence to show (for example) that though caste a alone is mentioned in the order, caste b is also a part of caste a and, therefore, must be deemed to be included in caste a, it may also be accepted that wherever one caste has another name it has been mentioned in brackets after it in the order: (see ..... heads of departments that 'kurumba' is one of the backward classes recognised throughout the state of tamil nadu and that there is every possibility of backward class community people availing of the reservation in public services and other benefits intended for the scheduled tribes, depriving the legitimate opportunities of the .....
Tag this Judgment!Court : Chennai
Reported in : 2008(225)ELT202(Mad); (2008)1MLJ1; 2009[16]STR240
..... madurai was constituted, inter alia reads as follows:the madras high court (establishment of a permanent bench at madurai) order, 2004 in exercise of the powers conferred by sub-section (2) of section 51 of the states reorganisation act, 1956 (37 of 1956), the president, after consultation with the governor of tamil nadu and the chief justice of the madras high court, is pleased to make the following order, namely: 1. ..... to issue such writs must be 'within those territories', which clearly implies that they must be amenable to its jurisdiction either by residence or location within those territories.as to the cause of action, the court stated: the rule that cause of action attracts jurisdiction in suits is based on statutory enactment and cannot apply to writs issuable under article 226 which makes no reference to any cause of action or where it ..... give clear indication that the high court can exercise power to issue direction, order or writs for the enforcement of any of the fundamental rights conferred by part iii of the constitution or for any other purpose if the cause of action wholly or in part had arisen within the territories in relation to which it exercises jurisdiction notwithstanding that the seat of the government or authority or the residence of the person ..... of 2007 at principal bench at chennai to quash the order passed by the customs, excise and service tax appellate tribunal - south zone bench, chennai ('tribunal' in short) dated 5.3.2007, whereby the ..... service for .....
Tag this Judgment!Court : Chennai
Reported in : AIR1981Mad318; (1981)2MLJ254
..... that they contravene article 14, two grounds have been urged in support of it, (i) that there is discrimination between the patiala state bank on the one hand and the other banks on the other and, (ii) that after the merger of the pepsu union in the state of punjab under the states reorganisation act, 1956, there is discrimination between the law as administred in the territories of the erstwhile pepsu union on the one hand and in the other parts of the state of puniab on the other. ..... madras or(ii) by such other corporation (the shares of which have been contributed, underwritten or guaranteed by the state government) as may be notified in this behalf by the state government in the tamil nadu government gazette, or(iii) from out of the amalgamated tamil nadu shares of the post war services reconstruction fund and the special fund for reconstruction and rehabilitation of ex-servicemen, together with interest on such loans and advances, and all sums due to the corporations mentioned ..... in clauses (i) and (ii) may be recovered in the same manner as arrears of land revenue under the provisions of this act. .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... after the merger of the state of pepsu with the state of punjab by virtue of the operation of the states reorganisation act, 1956, the successor government cancelled the previous order of confirmation, the validity of which was challenged and which was upheld by the supreme court holding that art. ..... bench on the following reasoning : 'after detailed arguments in which several judgments have been cited showing that the life insurance corporation act, 1956, is a special enactment and under which special terms and conditions of services are created, an attempt has been made to suggest that the provisions of the industrial disputes act including those as found in chapter v-a in which some of the relevant provisions on which reliance have been placed on behalf of the petitioners occur, are ..... tulpule and referred the following matter for its consideration : 'what should be the wages and other conditions of service of badli, temporary and part time workmen of the life insurance corporation of india, as well as the conditions in their absorption in their regular cadre ? ..... sundara money : (1976)illj478sc a three judge bench of the supreme court held that as per the definition of the term 'retrenchment', termination of the service of workman, whatever be the reason, would amount to retrenchment unless it falls under the category of punishment by way of disciplinary action or in any of the excluded clauses (a), (b) and (c). .....
Tag this Judgment!Court : Chennai
Reported in : (1992)1MLJ555
..... was formerly known as vindhya pradesh (a part 'c' state) on building materials used in a works contract was discriminatory after the merger of that area in the new state of madhya pradesh which was formed on november 1,1956 under the states reorganisation act, 1956 as the sale of building materials in a works contract was not subjects to any levy of sales tax in another part of the same new state namely the area which was formerly part of the area known as state of madhya pradesh (the central provinces ..... held that the sales tax law in vindhya pradesh was validly enacted, and it brought its validity with it under section 119 of the state reorganisation act, when it became a part of the state of madhya pradesh. ..... : [1964]52itr443(sc) in these words:continuance of the laws of the old region after the reorganisation by section 119 of the states reorganisation act, was by itself not discriminatory even though it resulted in differential treatment of persons, objects and transactions in the new state, because it was intended to serve a dual purpose facilitating the early formation of homogeneous units in the larger interest of the union and maintaining even while merging its political identity in the new unit ..... for in sections 112 to 114 of the transfer of property act, suffice it to say that under the said act no ground of eviction of a tenant has to be made out once a contractual tenancy is put to an end by service of a valid notice under section 106 of the transfer of property act. .....
Tag this Judgment!Court : Chennai
Reported in : [2008]145CompCas327(Mad)
..... it further stated that no serious objection could be taken to the company not receiving a no objection letter, considering the certificate issued by the company secretary that the scheme of amalgamation did not, in any way, violate or circumscribe the provisions of the sebi act and securities contracts (regulation) act, depositories act, 1956, companies act, 1956, rules and regulations, guidelines made under the said acts or the provisions and the ..... the purpose of this sub-clause, 'securities laws' mean the sebi act, 1992, the securities contracts (regulation) act, 1956, the depositories act, 1996 and the provisions of the companies act, 1956 which are administered by sebi under section 55a thereof, the rules, ..... the purpose of this sub-clause, 'securities laws' mean the sebi act, 1992, the securities contracts (regulation) act, 1956, the depositories act, 1996 and the provisions of the companies act, 1956 which are administered by sebi under section 55a thereof, the rules, ..... time, it must be rioted that any scheme approved containing a clause for listing before an exchange must necessarily comply with the mandate of the securities laws, rules and regulations and guidelines made under the acts and the listing agreement hence, even after the sanction of the scheme, it is open to the stock exchange to insist on compliance of its regulations as a condition for listing, and in the event ..... may include a reorganisation of the share ..... the part of cameo corporate services ltd ..... reorganisation .....
Tag this Judgment!Court : Chennai
Reported in : AIR2008Mad25; 2007(5)CTC113; (2007)5MLJ486
..... states reorganisation had taken place in the year 1956, tamil language is used to be prevalent throughout the state ..... that was put in issue before it, was discriminatory, ultra vires of articles 29(1) and 30 of the constitution, in paragraph 51, it observed as follows:therefore, we make it clear that this state being a unilingual state of kannda speaking people, kannada can be made a compulsory language for study from the senior primary class and as one of the three languages in the high schools and such a provision would ..... those whose mother tongue is kannada and also to linguistic minorities who are and who become permanent residents of the state in all primary and secondary schools respectively.pursuant to the above opinion, the matter was sent back to the division bench for disposal in accordance with the opinion and, accordingly, ..... the government shall, however, be at liberty (a) to introduce kannada as one of the two languages from the primary school class from which study of another language in addition to mother tongue is made obligatory as part of general pattern of primary education and (b) to make study of kannada compulsory as one of the three languages for study in secondary schools, by making appropriate order or rules and make it applicable to all ..... is introduced as a compulsory subject in part-i of section 3 of the act to students of all standards simultaneously at ..... district nair service society have .....
Tag this Judgment!Court : Chennai
Reported in : AIR1958Mad343; (1958)1MLJ367
..... has evolved in its modern guise from the need for resolving two conflicting considerations:(a) the demand for some form of state intervention, (b) the resistance to a form of nationalisation which would involve direct administration by the civil service.hence the constitutions of these state agencies have been influenced by the desire to safeguard some of the features of private entrerprise and to avoid the ..... following:first the incorporation of the body though not determinative is of some significance, as an indication by parliament of its intention to create a legal entity with a personality of its own, distinct from the state, secondly, the degree of control exercised by the minister over the functioning of the corporation is a very relevant factor, a complete dependence on him marking it as really a governmental body, while comparative freedom ..... analysed these provisions which bore considerable resemblance to those of the life insurance corporation act, 1956, in these terms:the transport act, 1947, brings into being the british transport commission which is a statutory corporation ..... that the function of the state was merely the maintenance of order and justice within its boundaries gave way to what were designate as its secondary functions--the undertaking of activities which are part of social service, the provision to its citizens ..... reorganisation and schemes involving substantial outlay require his approval....it is the minister who will have the answer in parliament in any .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad538
..... it failed to satisfy the workers, as indeed it did, the dispute would undoubtedly revive indeed the labour union took up the matter with the management and during the parleys that followed a fresh dispute in regard to reorganisation ensued v any rate it can be said that the original dispute stood revivified we cannot, therefore, agree with the learned counsel for the petitioner that factually there was no dispute in existence to be conciliated.43. ..... the former provision sub-section (1)--which was introduced by the amending act 36 of 1956 states that a settlement arrived at by agreement between the employer and the workman otherwise than in the course of conciliation proceedings will be binding on the parties ..... govind swaminathan appearing for the petitioner did not seriously attempt to support the petitioner's case on any ground of improper motive on the part of any of the parties to the bargain learned counsel attacked the settlement as not having been brought about bona fide in the sense that the bargaining units did not do so with due care ..... says that where an industrial dispute exists or is apprehended the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner. ..... be referred to hereafter as the management or as the mills, is running one of the premier textile mills in the state which has been declared to be a public utility service under section. .....
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