Court : Chennai
Reported in : 1998(1)CTC630; (1998)IIMLJ722
..... it may be pointed out that so far as the madras act is concerned by madras act 34 of 1958 section 56 itself has been repealed with effect from december 27, 1958 and section 9(2) of the repealing act (34 of 1958) has gone on to provide that all proceedings pending before the settlement officer or tribunal under that section shall abate. ..... plaintiffs asserted that the suit properties were village service inams granted by the government in favour of karnam kuppu iyer and register no:126 of september, 1879 relating to village service inams of pettavaithalai village, tiruchirapalli district, showed that the lands were so granted to karnam kuppu iyer and confirmed to him at 5/8 of the quit rent, viz. ..... first defendant is entitled to ryotwari patta under section 9 of the act and on the other hand, the plaintiffs and their predecessors- in-interest have been in possession and enjoyment of the same for more than fifty years and consequently are entitled to ryotwari patta under the provisions of the said act, that their long possession and title are also saved by the provisions of the said act and that any attempt by the first ..... lakshimpur, : (1967)iillj872sc , the question were whether the workmen were ordinary unskilled labour or skilled labour; whether the jurisdiction of the civil court was barred. ..... [1970]2scr714 , it was conceded that the question whether kalipatnamvillage is an inam estate was to be adjudicated before the tribunals appointed under the rent reduction act. ..... pabbojan tea co .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
..... order of the learned single judge contended that, definition of bangalore metropolitan area as contained in section 2(c) of the bda act has lost its significance in view of the definition of the metropolitan area in clause (c) of article 243-p of the constitution and therefore in view of article 243-zf, the definition automatically stood repealed after the expiry of one year from the commencement of the constitution (seventy-fourth amendment ..... , total extent of land actually sought to be acquired with reference to the resolution of the authority, total cost of implementation of the scheme, total amount sought to be recovered, saving, total extent of land required, the boundaries within which the layout would be situated, total number of sites to be allotted, civic amenities and commercial sites to be formed in the ..... a state legislature to make laws pertaining to local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration. ..... that the private benefit of a large member of industrial workers becomes public benefit within the meaning of the land acquisition act and therefore acquisition of building sites for residential houses for industrial labourers was upheld. ..... state of madras : [1970]3scr505 , it was held that, under the constitution, the governor is essentially a constitutional head and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1896; (1980)ILLJ137SC; (1980)2SCC593; [1980]2SCR146
..... , if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: provided that in any proceeding under this section the labour court, tribunal or national tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter. ..... short of punitive discharge may be employed by a management, in our current conditions of massive unemployment, low wages and high cost of living, dismissal of several hundreds, with disastrous impact on numerous families, is of such sensitive social concern that, save in exceptional situations, the law will inhibit such a lethal step for the peace of the industry, the welfare of the workmen and the broader justice that transcends transient disputes. ..... apportioning blame does not help now, but we refer to it here because sri ashok sen, with feeling fury, fell foul of the criticism by the high court that the management had acted improperly in insisting on arbitration, and argued that when parties disagreed, arbitral reference was the only answer and the workers' fanatical rejection of arbitration made no sense we need not delve into the details of the ..... mellons rural district council v. ..... 100/- in toto even as late as 1970, although some workmen, with more service, were paid some what higher. ..... [see lad's case(1) and panitole tea estate's case(2)]. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733
..... noise-sensitive structures are concentrated' means such areas as medical treatment areas, cultural, education and research districts and areas where government offices or residential buildings constitute the main buildings ..... . an act to make provision for noise in a street to be a statutory nuisance; to make provision with respect to the operation of loudspeakers in a street; to make provision with respect to audible intruder alarms; to make provision for expenses incurred by local authorities in abating, or preventing the recurrence of, a statutory nuisance to be a charge on the premises to which they relate; and for connected purposes.the us noise pollution and abatement act, 1970 is an important legislation for regulating control and ..... of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under the madras town nuisances act, 1889 and also the noise pollution (regulation and control) rules, 2000 are required to be enforced ..... state , accused/petitioner was convicted and sentenced under section 290 of indian penal code, 1860 and was ..... . however, under the third schedule [sections 89 and 90 of the act], 'noise induced hearing loss', is mentioned ..... . such a move would save the people from the hazardous effects of noise pollution caused by fireworks and at the same time bring the people together and contribute in developing closeness, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC355; 2003(51)BLJR158; JT2002(9)SC1; 2003(1)KarLJ1; (2002)8SCC481; (2002)3UPLBEC2817
..... subjected to punishment or termination from service, a mechanism will have to be evolved, and in our opinion, appropriate tribunals could be constituted, and till then, such tribunals could be presided over by a judicial officer of the rank of district judge.the state or other controlling authorities, however, can always prescribe the minimum qualification, experience and other conditions bearing on the merit of an individual for being appointed as a teacher or aprincipal of any educational institution.regulations ..... notwithstanding any custom, law, decree or usage, presumption or terms of dedication, no hindu on grounds of caste, birth or denomination shall be precluded from entering in educational institutions dedicated or intended for the use of the hindu community or any section thereof;(vi) no disqualification shall arise on account of sex in respect of public serve or professions or admission to educational institutions save and except that this shall not prevent the establishment of separate educational institutions for boys and girls. ..... in the year 1976 by fourty-second amendment act, the entries 11and 25 of list ii of seventh schedule relating to education and vocationaland technical training labour respectively were transferred to theconcurrent list as entry no. ..... 0065/1970 : [1971]1scr734 the challenge was to various provisions of the kerala university act, 1969, whose provisions effected private colleges, particularly those founded by minority communities in the state .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom324; 1975CriLJ1828; 1975MhLJ822
..... such an order could be passed by the district magistrate of a district or commissioner of police under sub-section (3) of section 3 of the act when an order is made under this section either by the district magistrate or the commissioner of police under sub-section (3) of section 3 of the act when an order is made under this section either by the district magistrate or the commissioner of police he has to report the fact to the state government forthwith together with the grounds on which the order has been made ..... such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the state government: provided that where under section 8, the grounds of detention are communicated by the authority making the order after five days but not later than fifteen days from the date of detention this subsection shall apply ..... 995 of 1975 that the pleas raised in these petitions and particularly the plea that the order passed by the detaining authority is not made in compliance with the provisions of section 3 of the misa and the same has been made in mala fide exercise of the power, are virtually outside the scope of article 359(1) of the constitution and consequently ..... there are several grounds evolved by judicial decisions for saving that n subjective satisfaction is arrived at by ..... 1scr135 and the officer of the ministry of labour and national service did in simms motor ..... : [1970]3scr498 the supreme court has considered the true scope and ..... 1970 .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2452
..... scope of applicability of writs against the said statutory corporation in relation to its employees while dealing with contract labour (regulation and abolition) act, 1970, as amended by amendment act 14 of 1986, the apex court has held that the corporation was amenable to writ jurisdiction. ..... the state government constitutes a guarantee bank fund on such terms and conditions as it may deem fit under section 9 of the bank act, 1964 for the purpose of meeting losses that might arise on account of loans and advances given by the land development bank on the security of mortgages not being fully recovered due to such circumstances as ..... in the present case, the petitioner was on duty between 1-1-1999 till 6-1-1999 in the office of district magistrate as is apparent from the certificate contained in annexure-8 issued by the administrative office in the office ..... contended that since the petitioner was employed in the sugar factory his service could be utilized by the district magistrate as an administrator of the factory keeping his work confined to the activities of the factory. ..... it was specified that the petitioner was absent from 1-1-1999 whereas the administrative officer, collectorate, rudrapur had certified that the petitioner was present in the office of the district magistrate between 1-1-1999 and 6-1-1999 as is apparent from annexure-8 to the writ petition. ..... was utilized for all routine jobs in the office of the district magistrate, which had nothing to do with the sugar factory. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR603
..... of the court, to cross-examine any witness upon any answer given in reply to any such question : provided that the judgment must be based upon facts declared by this act to be relevant, and duly proved : provided also that, this section shall not authorize any judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce ..... comprehend as to why the trial court, in such fact situation, for holding a fair and free, just and reasonable trial did not resort to the provisions of section 165 of the evidence act, 1872, which undoubtedly, empowers a judge, in order to discover or obtain proper proof of the relevant facts to ask any question to the witness ..... rights and the constitutional provisions enshrined in chapters iii and iv and the provisions of legal services authorities act, 1987 and the provisions of section 304 of the code of criminal procedure manifest the human rights deriving from the dignity and worth in ..... under privileged persons are made victims for saving skin of dons and mafias ..... . a special committee was appointed known as 'justice in 1970' and it submitted its report in 1971, wherein, it has been observed that the criminal legal aid system in magistrates court was not working, as fairly as, it should, and ..... . district court, iowa,' it has been decided that to interpose any financial consideration between an indigent prisoner of the state and his exercise of a state-right to sue for his liberty is .....
Tag this Judgment!Court : Delhi
Reported in : 40(1990)DLT251
..... of the articles; there was no reason to pick out only 7 articles in the 1988order; last 3 items were not accessories and could not be termed as 'essential commodity' within the meaning of the ec act; prototype of the article had not been prepared by his to show if the standards laid could be achieved;competing international market was not a relevant consideration and even if it was a relevant consideration it could ..... under :- '(a)'essential commodity' means any of the following classes of commodities-xx xx xx xx(xi) any other class of commodity which the central governmentmay, by notified order, declare to be an essential commodity for the purposes of this act being a commodity with respect to which parliament has power to make laws by virtue of entry 33in the list iii in the seventh schedule to the constitution;'.relevant portion of entry 33 in list iii in seventh schedule to the ..... the question was whether this total elimination of a dealer from trade in imported copper was within the saving provisions of article 19(6) of the constitution or whether such total elimination was a mere 'restriction' on the rights under articles 19(1)(f) (prior to the omission of this sub ..... of wide variation in the technological competence and resources available to the entire cross sections of industry quite often it is very difficult to put forward a viewpoint which ..... act repeals indian standards institution (certificationmarks) act ..... act and there is also the electrical cables and wires control order 1970 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(3)SC581; 1995(2)SCALE772; 1995Supp(3)SCC475; [1995]3SCR377
..... now be examined whether supply of cane by the cane growers under the zoning order issued by the state of maharashtra is a compulsory sale within meaning of clause (f) of sub-section (2) of section 3 of the act so as to attract section 3(3)(c) of the act both these sub-sections are part of section 3 of the act which is the main section and is directed towards achieving the objective of the act to provide, in the interest of general public, for the control of the production, supply and distribution of, and trade and commerce in certain commodities. ..... it is also stated that in any areas where there is no sugarcane production or it is very meagre like the parts of thane district, they have been kept free because such sugarcane involves huge transport costs and it is not possible to transport the sugarcane in adequate quantity to any of such ..... in the event of stoppage of nearby sugar factory due to mechanical break down, labour unrest, lock-out or any other reason. ..... explained in the affidavit filed in pursuance to order dated 24th february 1995 which substantially remains uncontroverted that the deductions under bye-law 65 are made for the chief minister's relief fund, small saving scheme, cane development fund. ..... the bhargava commission appointed by the central government in 1970 in chapter i of part i of its report has traced the growth and development of the sugar industry and observed that till 1930-31 there were only 29 sugar factories producting 1.22 lakh tonnes of sugar in the .....
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