Court : Supreme Court of India
Reported in : AIR1996SC434; JT1995(8)SC37; (1996)ILLJ833SC; 1995(6)SCALE139; (1996)1SCC95; [1995]Supp4SCR533
..... 'local authority' has not been defined in the payment of bonus act, 1965 but it has been defined in section 3(31) of the general clauses act, 1897 as under :'local authority' shall mean a municipal committee, district board body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control of management of municipal or local fund.3. ..... incidentally, 'local authority' has also been defined in section 2(j) of the haryana housing board act, 1971 as under :(j) 'local authority' means a municipality constituted under the punjab municipal act, 1911 (punjab act 3 of 1911), or a gram panchayat constituted under the punjab gram panchayat act, 1952 (punjab act 4 of 1953), or a panchayat samiti or a zilla parishad constituted under the punjab panehayal samities and zilla parishad act, 196.1 (punjab act 3 of 1961), or an improvement trust constituted under the punjab town improvement act, 1922 (punjab act 4 of 1922).4. ..... we need not refer to other provisions as the provisions already referred to above are sufficient to bring home the point that haryana housing board does not have even the semblance of independence which are normally possessed by local self governments, like municipal boards or district boards etc. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... before the commencement of the companies (second amendment) act, 2002, in the matter of the winding up of a company by the court shall lie to the same court to which, in the same manner in which, and subject to the same conditions under which, appeals lie from any order or decision of the court in cases within its ordinary jurisdiction.but after the amendment the power which was being exercised under sections 397 and 398 of the act by learned single judge of the high court is being exercised by the clb under section 10e of the act. ..... reported in : (1965)illj433sc , it was stated by the supreme court that the presence of some of the trappings may assist the determination of the question as to whether the power exercised by the authority which possesses the said trapping, is the judicial power of the state or not, and the main and the basic test, however, is whether the adjudicating power which is the particular authority is empowered to exercise, has been conferred on it by a statute and can be described as a part of the state's inherent power exercised in discharging its judicial function.26. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant76; AIR1965Mys76; (1965)1MysLJ158
..... (46) if this submission is sound--and on its validity, we should not, i think, say anything in this case--it is enough to say that if the source of the legislative power to enact the impugned provisions is in these two entries of the concurrent list, the challenge to legislative competence should fail by reason of the assent of the president which the impugned act received and which protects the impugned legislation under article 254(2) of the constitution even if its provisions are repugnant to an existing law or a law made by parliament. ..... suits and proceedings had been instituted or commenced in such other court; * * * * * * (c) appeals and proceedings connected therewith, pending before the high court which under this act have to be preferred to a court of civil judge or district court, shall, save in the cases specified in clause (d), on the appointed day, stand transferred to the court of the civil judge or the district court as the case may be, and shall be disposed of by such other court in accordance with law as if such appeals or proceedings had been preferred .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP219; 1967CriLJ984
..... the said election and all other incidental proceedings are not only illegal and void but constitute definite acts of contempt in disobedience of the orders of court and as such the respondents are liable to be punished for the same.the deputy registrar of co-operative societies, guntur, addressed a letter to the 1st respondent before the election meeting was convened to the effect that the election to the board was not to be conducted in view of the order of the court. ..... the transfer of cases to the file of the additional district munsif (that is, myself) takes place according to the number of the suit, odd numbers being kept by the principal district munsif and even numbers being transferred to me and it was by the accident of the even number of this suit that it was transferred to me, by no volition or act of my own, and this should no collusion between this plaintiff and myself. ..... (33) now, where a person is restrained by an injunction from doing a particular act, that person commits a breach of the injunction and is liable in contempt if he, in fact, does the act, and it is no answer to say that the act was not contumacious in the sense that, in doing it, there was no direct intention to disobey the order. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD54; 2001(3)ALT47
..... the learned counsel for the petitioner has placed reliance on the notice issued under section 7 of the act on 5-12-1997 and the certificate issued by the sarpanch of potireddipalli gram panchayat on 28-2-2000, which support the contention that the petitioner was in possession of the shed raised on the land admeasuring 60 sq.yards and he was forcibly evicted. ..... by respondents 1 to 3 separately in juxta position with the third party affidavits, which are not seriously disputed by the respondents, thus, gives an indication that the fourth respondent proceeded with the construction till 9-3-2000 and his version that on being informed by the assistant executive engineer on 5-3-2000 he stoppedthe work is belied by the statement of the deputy executive engineer, the superior officer, who states that he directed the assistant executive engineer, panchayat raj, only 011 6-3-2000 after receiving the copy of the order. ..... with the assistance of the learned counsel for home department as well as panchayat raj, f have gone through the panchanama dated 3-12-1997, the field map of s.nos.129, 130/1 and 130/2 abutting national high way no.9 which is annexed to the panchanama. ..... accordingto the petitioner his father raised a small shed with two rooms and has been living there since 1965. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(9)SC573; 2009(10)SCALE25; (2009)8SCC46
..... was no reason as to why the original land would not be restored to them ..... .iv) even the union of india having supported the case of the tribals, there is no reason as to why this court should interfere with the impugned judgment.v) the 1999 act being not a validating statute, the impugned judgment is unassailable, particularly having regard to the objective of 1975 act vis-a-vis 1999 act.vi) it is incorrect to contend that the state before enactment of 1999 act consulted the true representatives of the tribals.vii) in any view of the matter as the members of the tribal community became entitled to restoration of their land by reason of the provisions of the 1975 act, there ..... : [1965]2scr421 , this court was again dealing with a statutory rule. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All88
..... 10 of the adhiniyam provides that a home guard acting in the discharge of his functions under the act shall be deemed to be a public servant within the meaning of section 21 of the indian penal ..... the district magistrate may by order call out any home guard attached to a unit posted in the district for duty in any area within the district and the commandant general or such officer of the home guards, as may be authorised by him in this behalf, may call out any home guard for duty in any part of the state or outside the ..... to be issued to him for appointment in the form set out in the second schedule under the seal and signature of such officer as may be prescribed as a result of which he shall be vested with the powers and privileges contemplated under the act and shall be subject to the duties ofa home guard. ..... the functions of the home guards under the act are provided in section 4 of the adhiniyam and their functions are covered by the purposes for which the adhiniyam ..... sub-section (3) of section 6 provides that subject to the overall control and direction of the district magistrate in any area within the district, the administrative control and direction of the home guards in that area shall vest in such officers as may ..... land reforms rules, 1952, as from the 14th of september, 1965, which order was communicated to him under the signature of the additional district magistrate, lucknow. ..... 1965, the appointment being made by the state government of uttar pradesh under section 127-b of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC572; 2001(4)WLN56
..... counsel appearing for the petitioner is that the civil court had no jurisdiction to enter into the merits of a dispute settled under the rajaslhan cooperative societies act, 1965 (in short 1965 act), particularly in view of section 137 of the 1965 act which bars the jurisdiction of the civil courts in ..... the provisions contained in section 118 are self explanatory and the provisions of sections 137 and 75 of the 1965 act do not obstruct the rights of the parties arose in view of certificate signed by the registrar as provided under sub-section (1) of section 118 of 1965 act ..... behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court; or(b) be executed according to the law and under the rules for the time being in force for the recovery of arrears of land revenue;provided that any application for the recovery in such manner of any sum shall be made,- (i) to the collector and shall be accompanied by a certificate signed by the registrar or by any person authorised b him in this behalf;(ii) within twelve years from ..... the submission of the learned counsel that in the matter of certificate issued by the registrar, the jurisdiction of the civil court is barred under sections 137 and 75 of the 1965 act. ..... the matter was filed before the learned executing court on the basis of a certificate which was issued under section 118 (1) of 1965 act ..... towards the provisions contained in section 75 of 1965 act. ..... 118 of 1965 act provides thus:'118 .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)ALLMR830; 2003(3)BomCR30; [2003(97)FLR189]; (2003)IILLJ410Bom
..... traversing beyond the scope and ambit of the terms of reference according to which the tribunal has declined to adjudicate whether all the workers should be paid amount at the rate of 20% in accordance with the payment of bonus act, 1965 (for short, bonus act) plus rs ..... the dispute between the parties sent for adjudication as specified in the schedule annexed to the order of reference reads thus:'that all the workers should be paid amount at the rate of 20% in accordance with the payment of bonus act, 1965 ..... singhvi, learned senior counsel for the respondent submitted that reference to the bonus act in 'the reference was made only to follow formula provided in the act or in other words, reference to the act was made only for the guidance, and , therefore, while deciding the reference, the tribunal has taken into consideration the pleadings and other documents produced on record, to determine the nature of bonus whether customary or statutory or by way of settlements linked ..... all workers should be paid amount at the rate of 20% in accordance with the payment of bonus act, 1965 plus rs.10,000/- for the year 1995-96 in accordance with attendance. ..... the reference to 'payment of bonus act, 1965', therefore, need to be read in the context of the facts and circumstances of ..... that all the workers should be paid amount at the rate of 20% in accordance with the payment of bonus act, 1965 plus rs ..... against the demand of bonus at the rate of 20% in accordance with the payment of bonus act, 1965 plus .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP182
..... he confined his contentions with reference to the claim of the workmen for minimum bonus payable under section 10(2) of the payment of bonus ad, 1965 (act 21 of 1965) and to their claim for the minimum wage payable under ss. ..... 22 of the payment of bonus act, 1965, in the manner that every minor dispute regarding the payment of bonus, even then there is no dispute regarding the exact it is to be paid and the only dispute is regarding the exact amount to be paid should be termed as industrial dispute. ..... 22 of the payment of bonus act in the year 1965 declared certain disputes between an 'employer and his employees'' to be deemed to be industrial disputes' within the meaning of the industrial disputes act and deliberately employed the plural word, 'employees'' and not the singular, it must be assumed that the legislature intended to bring within the ambit of section 22 of the payment of bonus act only such disputes as were raised by more than one employee and not an individual employee. ..... 300/75 before the labour court, hyderabad under s, 33c(2) of the industrial disputes act against their employer, the petitioner herein for payment of minimum bonus of 4% for the accounting years 1964-65 to 1970-71 and a minimum bonus of 8-1/3% for the accounting years 1971-72 to 1974-75 in terms of payment of bonus act, 1965. .....
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