Court : Chennai
Reported in : (2008)IILLJ1001Mad
..... the exemption is withdrawn and the employees of the establishment fell under the statutory scheme there is a possibility of higher contribution of the employees being reduced if the commissioner agrees but not below the statutory minimum.in the said case before bombay high court, the challenge was regarding rate of contribution of the employer and the employees, in the light of cancellation or annulling the ..... requires that the state shall regard the raising of the level of nuatuition and standard of living of its people and the improvement of public ..... the employees provident fund act do not confer uncontrolled and uncanalised power on the appropriate government, the supreme court has observed as under:it would appear from the terms of the relevant portion of section 17 that the exemption to be granted by the appropriate government is not in the nature of completely absolving the establishments from all liability to provide the facilities contemplated by the act ..... the learned counsel invited specific reference to the following observations:the present act is of the genre of minimum wages act, the payment of bonus act, the provident funds act, employees' state insurance act ..... under this schemescheme will be paid will be paid by purchasingby purchasing annuity annuity from lic or anyfrom lic at the time other insurer as defined inof superannuation or clause (28bb) of section 2 ofleaving the organiz- the income tax act, 1961, atation as per rule the time of superannuation or18.4 above. .....
Tag this Judgment!Court : Chennai
Reported in : (1996)IILLJ1234Mad
..... in the said decision, the bench of the bombay high court has taken the view that 'wilful' conveys deliberation and calculation, it even conveys an intention to prejudice the interest of the employer. ..... another contention raised by the learned counsel for the petitioner that after the notice was issued under m-19 and m-20, the petitioner has shown improvement in the production. ..... as regards the second contention that there was improvement after the notice exhibits m-19 and m-20, learned advocate general, reiterates the aforesaid point viz. ..... another serious contention raised by the learned counsel for the petitioner is that the past records have been taken into account in awarding the punishment, but a reading of the award shows that the said circumstances were taken into account to find out whether there was any extenuating circumstances in his favour, for taking a lenient view. ..... even after the aforesaid notices, the petitioner has not shown any improvement. ..... 283:'even though a minimum may not be prescribed the conditions of service must require that during the time that the employee is in the service of his employer he must atleast give to the employer what he is entitled to viz. ..... from the circumstances alone, wilfulness has to be inferred, what is in the mind of a person cannot be seen, but it has got to be observed or presumed from the conduct of a person with reference to a particular act or incident.10. .....
Tag this Judgment!Court : Chennai
Reported in : (1995)IIMLJ367
..... and in construing section 2(3) of the rating act, 1971 which defines 'livestock' to include any mammal or bird kept for the production of food or wool of for the purpose of its use in the farming of land, the word livestock was not given the wide meaning (in contradiction to dead stock) to include any animal whatsoever and was held not to extend to thorough bred horses not kept for use in the farming of land. ..... mumbai grahak panchayat, bombay (1994) 2 ctj 357 (cp) : (1994) 2 cpr 487, the national commission held that the university while valuing the answer papers or undertaking the re-valuation of answer papers or the re-checking of marks awarded to a candidate at the instance of a candidate who had appeared for the examination is not performing a 'service' which had been hired or availed of for consideration and that no consumer dispute can, therefore, be said to arise when a complaint made by the concerned candidate that the valuation, revaluation or rechecking had ..... but the time has come when the university should exercise a greater degree of control over them through the colleges, so that the academic life of the university may be promoted and the students induced to live and move in an academic atmosphere. ..... i also take this opportunity to request my brethren in the trade and industry to rise to the occasion and set up consumer redressal cells within their organisations which would minimise consumer complaints and improve their image. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad14
..... cases, is it necessary for the courts to consider the condition of the building under the bombay rent control act, when the landlord wants the building for the purpose of demolition and reconstruction, he should obtain a certificate from the tribunal constituted under the act. ..... such circumstances is it necessary for the controller to take into consideration the state or condition of the building or is it necessary that the building should be in such condition that it would not be safe for the tenant to live in, or is it enough though the building is safe for the tenant to continue to live there, the landlord, thinks that he wants to demolish it for the purpose of reconstruction, with modern requirements and develop their properties fully the act, as it stands, provides that the landlord, when he seeks to re-possess the building, should prove his bona fides ..... the act does not say that the proposed alteration, improvement or construction is necessary to maintain the safety of the ..... to prove bona fides in such applications as the present one, where the landlord requires the building for the immediate purpose of demolition, he should satisfy the deciding authority that his requirement is a reasonable and bona fide one, that he has prepared the plans and the necessary estimates for the new building, that he has obtained the necessary sanction of the corporation or the municipal authorities for the purpose of such erection and that he has got the necessary funds with him to carry out such .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ367
..... which reads as under:'goods' means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.it was, therefore, urged that the applicability of the act having been confined to movable goods only a complaint filed for any defect in relation to immovable goods such as a house or building or allotment ..... more than that, i have no hesitation in saying that the success of the legislation would depend on the development of a strong bread-based voluntary consumer movement at the grass-root level.i also take this opportunity to request my brethren in the trade and industry to rise to the occasion and set up consumer redressal cells within their organisations which would minimise consumer complaints and improve their image. ..... but the time has come when the university should exercise a greater degree of control over them through the colleges, so that the academic life of the university may be promoted and the students induced to live and move in an academic atmosphere. ..... taj mahal hotel, secunderabad : [1971]82itr44(sc) and the state of bombay and ors. v. ..... state of bombay : 1957crilj605 . .....
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC545; AIR2008Mad127; 2008(3)AIRKarR210(FB); 2008(1)MLJ1217
..... did not agree with the observations made by the division bench of the bombay high court that the provisions of sections 82 & 83 of the maharashtra universities act which are inconsistent with the provisions of the ncte act are 'null and void' and clarified that what the high court wanted to convey was that the provision of sections 82 & 83 of the said act requiring approval from the state would not apply to the institution covered under section 14(6) of the ncte act, and once recognition is granted under section 14(6), the university is obliged to grant affiliation ..... if we do not loose track of the objects for which ncte act was enacted, we would find that any provision contained in the university act that would improve the norms and standards of teacher education, cannot be held to be repugnant to the ncte act. ..... if by applying the doctrine of pith and substance, we find that a particular provision in the university act is intended for improving the quality of teacher education, it should be taken as subservient to the cause sought to be achieved by ncte and not subversive of the objects sought to be achieved.31. ..... in that case, the supreme court was not concerned with the statutes framed by the university for implementation of the academic standards or any other matter connected with the improvement of norms and standards in the field of teacher education. .....
Tag this Judgment!Court : Chennai
Reported in : (1969)1MLJ212
..... state of bombay : [1962]2scr659 , the constitutional challenge to the validity of the bombay agricultural produce markets act, 1933, was confined to article 19 (1) (g) which was repelled by the supreme court applying arunachala nadar v. ..... . this was apparently for the reason that the fund could be applied for the maintenance and improvement of the market, acquisition of sites for the market, the construction and repair of buildings, payment of pensions, interest on loans, the collection and dissemination of information regarding all matters relating to statistics and marketing in respect of the notified agricultural produce and schemes for grading of agricultural produce and expenses of and incidental to elections to the market committee ..... . as we said, the concept of freedom itself is a qualified and a relative one and can never be understood in the absolute sense, so long as people choose to live as an organised society .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad160
..... 5(1) and 5(3) of the madras commercial crops act (madras act xx of 1933), which i shall refer hereafter as the act. ..... section 13 prescribes the purposes for which the market committee fund can be expended.they are (i) the acquisition of a site or sites for the market, (ii) the maintenance and improvement of the market, (iii) the construction and repair of buildings which are necessary for the purposes of such market and for the health, convenience and safety of the persons using it, (iv) the provision and maintenance of standard weights and measures. ..... any law imposing any new tax unless the tax is a tax scheduled as exempted from this provision by rules made thereunder.section 45-a of the act enables provision being made by rules under the act for the classification of subjects, in relation to the function of government, as central and provincial subjects, for the purpose of distinguishing the functions of local governments and local legislatures from the functions of the governor general in council and the indian legislature and for the devolution of authority in respect of provincial subjects to local governments .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad90
..... 11 of the bombay act rendered services to the licenses, particularly when the market was established and that under the circumstances it could not be said that the fee charged for services rendered by the market committee in connection with the enforcement of the various provisions of the act and the provisions for various facilities in the various markets established under the act was in the nature of sales tax. ..... state of bombay, the supreme court had to consider the character of the levy under the provisions of the bombay agricultural produce markets act, which were more or less in pari materia with the provisions of the madras act as it was considered in . ..... "it is manifest from this byelaw that the rate of levy is to be at 30 naye paise for every hundred rupees of the aggregate turnover, that the levy is to be at the stage of purchase in the levy is to be at the stage of purchase in the regulated market and that if the transaction is outside the regulated market, the cess is payable by the last buyer before the agricultural produce is taken out of the notified market area or before it is taken for consumption in the manner mentioned in the byelaw. ..... 4(1) of the madras commercial crops act, 1933, to be a notified area in respect of groundnut and certain other commodities. .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... the act in question is a beneficial legislation which is enacted for the purpose of improving the conditions of service of the employees of the newspaper establishments and hence, even if it is possible to have two opinions on the construction of the provisions of the act, the one which advances the object of the act and is in favour of the employees for whose benefit the act is passed has to be accepted. ..... if the view of the full bench of the bombay high court is to be given effect to, then it will defeat the purpose of the non obstante clause in sec. ..... 70 of the bombay shops and establishments act, 1948.'58. ..... for the reasons given above, we hold, contrary to the view expressed by the bombay high court, that retrenchment as defined in sec. ..... we are therefore unable to accept with respect, the view expressed by the full bench of the bombay high court as relied on by the learned single judge in the judgment under appeal.' 60. ..... bombay municipal corporation : air1986sc180 , while considering the consequences of eviction of the pavement dwellers had pointed out that in that case the eviction not merely resulted in deprivation of shelter but also deprivation of livelihood inasmuch as the pavement dwellers were employed in the vicinity of their dwellings. ..... initially, the western zone insurance employees' association, bombay and central zone national life insurance corporation employees' association, kanpur were alone parties to the references, besides life insurance corporation of india. .....
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