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Judgment Search Results Home > Cases Phrase: the kerala tolls act 1976 Sorted by: old Page 1 of about 91,684 results (0.988 seconds)

Feb 18 1977 (HC)

A.R. Joshi Vs. State Bank of India

Court : Delhi

Reported in : [1980(41)FLR315]; ILR1977Delhi750; (1978)ILLJ48Del

..... 17(1) of the act the general superintendence and direction of the affairs and business of the state bank shall be entrusted to the central board which may exercise all powers and do all such acts and things as may be exercised or done by the state bank (and are not by this act expressly required to be done by the state bank in general meeting) ..... (40) now to sum up: an employee in a corporation cannot be denied appropriate remedies of administrative law and if the dismissal is contrary to the mandatory provisions of the statute or in disregard of the principles of natural justice the dismissal can be declared void for a dismissal without good reasons may vitally affect a man's career or his ..... '(30) it was held that the courts will declare an act of a statutory body invalid 'ifby doing the act the body has acted in breach of a mandatory obligation imposed by statute, even if by making the declaration the body is compelled to do something which it does not desire to ..... lakshmi narain : (1976)iillj163sc the court held that the college was a non-statutory body and that the plaintiff's case did not fall within any of three exceptions to the rule of non-enforceability of contract of service ..... lalla : (1976)iillj91sc and several other rulings in support of the proposition that the bank was bound to observe the principles of natural justice in the inquiry against the employee. ..... freedland-the contract of employment (1976) pp ..... singh, : (1976)iillj204sc ). ..... , : (1976)iillj95sc . ..... - march 1976 p. .....

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Mar 23 1977 (HC)

Mahalakshmi Glass Works Pvt. Ltd. Vs. Commissioner of Sales Tax

Court : Mumbai

Reported in : [1977]40STC488(Bom)

..... : [1976]1scr152 , where it has been, inter alia, held that any amount realised by a dealer in excess of the tax leviable under the kerala general sales tax act, 1963, stands, for the purpose of determining the legislative competence under entry 54 of list ii in the seventh schedule to the constitution of india, on the same footing as an amount not due as tax under that act. ..... in our opinion, on the other hand, the expression 'any amount by way of tax in excess of the amount of tax payable by him under the provisions of this act' used in sub-section (2) of section 46 of the said act clearly shows that the legislature intended, inter alia, to deal with a situation where a registered dealer collects any amount from a purchaser on the ground that it represents the tax which the dealer would be liable to pay under the said act when such amount or a part thereof is not so payable. ..... in particular, it is significant that the said kerala act which came up for consideration before the supreme court had no provision for refunding the excess amount collected by the dealer which under that act was to be paid over to the state. .....

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Jun 16 1977 (FN)

Trans World Airlines, Inc. Vs. Hardison

Court : US Supreme Court

..... that twa had rejected three reasonable alternatives, any one of which would have satisfied its obligation without undue hardship: (1) within the framework of the seniority system, twa could have permitted respondent to work a four-day week, utilizing a supervisor or another worker on duty elsewhere, even though this would have caused other shop functions to suffer; (2) twa could have ..... then, having first invoked the administrative remedy provided by title vii of the civil rights act of 1964, respondent brought an action for injunctive relief against twa and the union, claiming that his discharge constituted religious discrimination in violation of 703(a)(1) of the act, which makes it an unlawful employment practice for an employer to discriminate against an employee on the basis of his religion. ..... for a perceptive discussion of the issues posed by the cases, see note, accommodation of an employee's religious practices under title vii, 1976 u.ill.l.forum 867. ..... 964 (1976), pet. ..... , 529 f.2d 483 (ca10 1976); reid v. ..... 763 (1976); mcdonnell douglas corp. v. ..... 278 -279 (1976); franks v. ..... 29 cfr 1605.1(c) (1976). ..... 65 (1976); dewey v. ..... " 29 cfr 1605.1(b) (1976). ..... 140 -145 (1976). ..... 65 (1976); riley v. ..... 758 (1976). ..... 280 (1976). ..... 958 (1976). .....

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Jun 29 1977 (HC)

Ammu Brahmani and ors. Vs. Gopalan and ors.

Court : Kerala

Reported in : AIR1979Ker130

..... this is embodied in section 108 (3) of the amending act --act 35 of 1969 -- which reads as follows (substituted as per section 22(b) of the kerala land reforms amendment act, 1971 (act 25 of 1971): '(3) if in any suit, application, appeal, revision, review, proceedings in execution of a decree or other proceedings pending at the commencement of this section before any court, tribunal, officer or other authority any person claims any benefit, right or remedy conferred by any of the provisions of the principal act or the principal act as amended by this act, such suit, application, appeal, revision, review, proceedings in execution ..... or other proceedings shall be disposed of in accordance with the provisions of the principal act as amended by this act.' 13. ..... thomas (1976 ker lt 566): (air 1976 sc 2363) where the decision of this court in 1973 ker lt 701: (air 1974 ker 28) had been affirmed. .....

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Oct 05 1977 (HC)

Controller of Estate Duty, Madras Vs. Estate of Late R. Krishnamachari ...

Court : Chennai

Reported in : [1978]113ITR200(Mad)

..... tribunal when it re-hears the case under section 64(5) of the estate duty act which is similar to the provision contained in section 66(5) of the indian income-tax act, 1922, which has been relied only the supreme court in the two decisions we have referred to in the beginning of this judgment.in the light of the above, we decline to answer the question in the absence of clear finding on the basis of the provisions of the act regarding the total value of the property of the joint family and in regard to the aggregate value which is applicable to the share of the deceased as well as the lineal descendants and also ..... a clear finding regarding the rate applicable to the appropriate ..... : [1976]102itr372(ker) had left a matter to be decided by the tribunal acting under section 66(5) of the indian income-tax act, 1922, by re-hearing the appeal. ..... applying these principles, the kerala high court in commissioner of income-tax v. .....

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Dec 12 1977 (FN)

United Air Lines, Inc. Vs. Mcmann

Court : US Supreme Court

..... because united chose to continue its mandatory retirement policy beyond the effective date of the act, i would not terminate the inquiry with the observation that the plan was adopted long before congress considered the age discrimination act, but rather would proceed to what i consider to be the crucial question: does the act prohibit the mandatory retirement pursuant to a bona fide retirement plan of an employee before page ..... the retirement plan could not have been a subterfuge to evade the purposes of the act when it was adopted by united in 1941, i believe that the decision by united to continue the mandatory aspects of the plan after the act became effective in 1968 must be separately examined to determine whether it is proscribed by the act. ..... if the older worker chooses to waive all of those provisions, then the older worker can obtain the benefits of this act, but the older worker cannot compel an employer through the use of this act to undertake some special relationship, course, or other condition with respect to a retirement, pension, or insurance plan which is not merely a subterfuge to evade the purposes of the act -- page ..... " [ footnote 3/2 ] courts have also suggested that involuntary retirement of an employee on a discriminatory basis might violate 703(a)(2) of the civil rights act of 1964, which proscribes classification by an employer of an employee in a way which would "adversely affect his status as an ..... 1976 ..... 217, 221 (ca4 1976). ..... 860.110(a) (1976). ..... 217, 221 (1976). .....

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Jun 22 1978 (FN)

Wise Vs. Lipscomb

Court : US Supreme Court

..... that provision, a state or political subdivision subject to the act may not "enact or seek to administer" any "different" voting qualification or procedure with respect to voting without either obtaining a declaratory judgment from the united states district court for the district of columbia that the proposed change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color" or submitting the change to the attorney general and affording him an appropriate opportunity ..... during the pendency of the appeal, the electorate approved this plan in a referendum conducted in april, 1976, thus incorporating it into the city charter. ..... the same is said with respect to the charter amendment approved by the people of dallas in 1976. ..... 636 (1976), as establishing the principle that a proposed reapportionment plan cannot be considered a legislative plan if the political body suggesting it lacks legal power to reapportion itself. ..... 636 (1976), that, absent exceptional circumstances, judicially imposed reapportionment plans should employ only single-member districts. ..... 636 (1976). .....

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Apr 09 1979 (HC)

Harbans Lal Vs. Ram Jawai Devi and ors.

Court : Delhi

Reported in : AIR1979Delhi230; 16(1979)DLT109

..... extensively amended by act 104 of 1976, one of the objects of which was to reduce delays of disposal of the cases in the courts. ..... the learned counsel for the respondent on the other hand, contended that an order passed on an application under the proviso in question is neither an order setting aside the sale nor an order refusing to set aside the sale within the meaning ..... the learned judge also noted that the earlier application filed by the appellant under order xxi, rule 90 was rejected by the single judge of this court and the appeal taken against the said rejection by the appellant is still pending disposal in this ..... are in respectful agreement with the division bench of calcutta high court and kerala high court (1939) 43 cal wn 352 and 1964 ker lt 720 and hold that once an application to set aside a sale is made, a second application against the confirmation of sale is not maintainable ..... , in the execution of a decree in a suit filed by one jatinder prakash against bhag mal jain, bhag mal jain (who is now succeeded by his legal representatives, respondents 9 to 14 in the present appeal) the debtor in the said suit had mortgaged the suit property to one bal kishan das (whose legal representatives are respondents 1 to 8 in the present appeal ..... , where any property is sold in execution of a decree pending the final disposal of any claim to or any objection to the attachment of such property, the court shall not confirm such sale until the final disposal of such claim or objection.'2. .....

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Nov 28 1979 (HC)

Madanlal Sharma Vs. Santosh Sharma

Court : Mumbai

Reported in : 1980MhLJ391

..... was the only amendment which was made by the appellant in his petition before the trial court after the amendment of the hindu marriage act in 1976.5. ..... 10(1)(b) of the hindu marriage act, as it stood before the amendment of 1976, permitted a party to a marriage to present a petition praying for a decree for judicial separation on that ground that the other party 'has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party. ..... however, invited my attention to the statement of object and reasons accompanying the bill which ultimately amended the hindu marriage act in 1976. ..... jaisinghani, the learned advocate appearing for the respondent, however, has canvassed the view that after the amendment of 1976, a greater degree of cruelty than what was envisaged under section 10(1)(b) of the act as it stood prior to the amendment of 1978 is now required to be proved by a spouse seeking divorce on the ground of cruelty ..... the hindu marriage act, 1955, which governs the parties and under which the petition for divorce was filed, was substantially amended in the year 1976 and a new ground which would be the basis of a decree for divorce was added in section 13 of the said act ..... at this stage i may mention that after the hindu marriage act was amended in 1976, the appellant amended his petition by substituting the prayer for divorce in place of an original prayer for .....

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Apr 02 1980 (SC)

ishwari Khetan Sugar Mills (P) Ltd. and ors. Vs. State of Uttar Prades ...

Court : Supreme Court of India

Reported in : AIR1980SC1955; (1980)4SCC136; [1980]3SCR331; 1981(13)LC87(SC)

..... the ordinance and the act were challenged in the high court on the following grounds :(1) the state legislature had no legislative competence to enact it; (2) the act violated article 31 of the constitution because the acquisition was not for a public purpose and the compensation proposed in the act was illusory; (3) the act was in breach of article 19(1)(f) and (g) of the constitution; (4) the act infringed the guarantee of equality enshrined in article 14 of the constitution.a division bench of the high court by a common judgment dated may 3, 1979, repelled the contentions on behalf of the petitioners and upheld the constitutional validity, of the act. ..... : [1976]3scr688 while upholding the constitutional validity of the haryana minerals (vesting of rights) act, 1973, after noticing the declaration made in section 2 of the mines & minerals (regulation and development) act, 1957, ('mines & minerals act' for short), as envisaged by entry 54, list i it was held :moreover, power to acquire for purposes of development and regulation has not been exercised by act 67 of 1957. ..... : [1973]1scr356 , constitutional validity of kannan devan hills (resumption of lands) act, 1971, was challenged on the ground of legislative competence of kerala state legislature to enact the legislation. ..... the state of kerala and anr. ..... dhillon : [1972]83itr582(sc) and kerala state electricity board v. ..... state of kerala [1973] suppl.s.c r.1 in terms observed as under :in state of gujarat v. .....

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