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Premier Automobiles Ltd. and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1972SC1690

..... even if the entire amount of bonus is not allowed as part of the cost the manufacturers' claim that the minimum bonus which, at present, is compulsorily payable at the rate of 4% under section 10 of the payment of bonus act, 1965 should be allowed as a part of the cost because the manufacturers have to pay the same even when they do not make any profits. ..... as regards the outgoings from the return which will be confined to the minimum bonus payable under the bonus act 1965, interest on borrowings and income-tax if there is a significant increase in these items, the car manufacturers can submit their case with all the relevant data as well as proof to the government for claiming a corresponding increase in the return. ..... come to a standstill consequent upon the closure of the said industrial undertaking by the management;and whereas the central government is of opinion that it is expedient to take urgent measures to remedy the situation arising out of the closure of the said industrial undertaking and to ensure that production in the said scheduled industry does not suffer to the detriment of the public interest;now, therefore, in exercise of the powers conferred by section 15 of the industries (development and regulation) act, 1951 (65 of 1951), the central government hereby appoints for the purpose of making a full .....

P.G. Jose Vs. T.K. Madhu

Court : Kerala

Reported in : 1994CriLJ3025

..... mawle's case, : [1965]3scr743 , while holding that the provisions of the madras act were not violative of articles 14 and 19 of the constitution, that the said act was similar to the english statutes 16 and 17 viet. ch. ..... section 86 of the judicature act, 1903 (cth), in paragraph (b), permitted the high court of australia to make rules :generally regulating all matters of practice and procedure in the high court.in exercise of that power, the high court of australia made rules in order 63, rule 6 as follows :order 63, rule 6(1): upon the application of a law officer, or the australin government solicitor or of the principal registrar of the court, the court of a justice, if satisfied that a person, or another person in concert with that person, frequently and without reasonable ground has instituted ..... hidayatullah, (as he then was) observed in that case as follows:the next argument of the appellant before us is that this act is unconstitutional because it prevents some citizens from approaching the court and obtaining relief to which every one is entitled in a state governed by rule of law.... ..... 49), that the provisions of the said act sub-serve public interest and that prior restraint against litigants was designed to promote public good, observed that the high court of madras was getting these powers only because of the provisions of the said act and not otherwise. .....

M/s Kayco Engineering, Engineering and Contractor and Another Vs. Stat ...

Court : Mumbai Goa

..... in view of section 26(1) of the goa civil courts act, 1965, inter alia, no court other than the district court shall receive or register any suit in which the central government or the government of goa or any officer of government, in his official capacity, is a party. ..... considering the fact that the judgment of the trial court is a non-speaking judgment insofar as the findings that have been rendered are concerned, since no proper reasons are given and further since there are certain wrong observations made, i am of the view that the impugned judgment and decree should be quashed and set aside and the learned trial judge should be directed to decide the matter afresh by hearing the learned counsel for the parties afresh and by giving appropriate reasons ..... a perusal of the judgment of the apex court in the case of vishwanath sood (supra), shows that the same is not applicable to the facts and circumstances of the present case, since the apex court in the case supra was dealing with a matter pertaining to clause 2 of the agreement which was in relation to compensation for delay in carrying out the work. 16. .....

Surekha Dash Vs. Civil Judge (Junior Division) and ors.

Court : Orissa

Reported in : 1998(II)OLR43

..... present writ application involves an interesting question of law, and in fact this application has been entertained only to adjudicate the question whether under the orissa grama panchayat act/ 1965 (in short, the 'act') the learned civil judge (junior division) has power to allow amendment to the pleadings.2. ..... - (1) subject to the provisions, of this act and of any rules made thereunder, every election petition shall be tried by the high court, as nearly as may be, in accordance with the procedure applicable under the code of civil procedure, 1908 (5 of 1908) to the trial of suits :provided that the high court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness ..... these were -(a) discovery and inspection;(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;(c) compelling the production of documents;(d) examining witnesses on oath;(e) granting adjournments;(f) reception of evidence takes on affidavits; and(g) issuing commissions for the examination of witnesses.by the amending act, 1966, sections 86 to 92 of the r.p.act of 1951 were replaced by new sections 86 and 87. .....

Mohinder Kumar and Others Vs. District Election Officer (Deputy Commis ...

Court : Punjab and Haryana

Reported in : AIR1997P& H272; (1997)116PLR431

..... housing board employees' union, (1995) 8 jt (sc) 37 : (air 1996 sc 434), the supreme court once again examined the concept of 'local authority' in the context of the provisions contained in the general clauses act, 1897 and the haryana housing board act, 1971 as well as the payment of bonus act, 1965 and held (at p.435 of air):--'concept of 'local authority' is.....contained in entry 5, which empowers the slate legislature to make law with respect to any subject relating to local government including ihe constitutional of 'local authorities'. ..... article 324(4) and 324(6) of the constitution of india and sections 26 and 159 of the representation of people act, 1951, which are relevant in the context of the controversy raised in these petitions are reproduced below for ready reference:--'324(4) : before each general election to the house of the people and to the legislative assembly of each state, and before the first general election and thereafter before each biennjal election to the legislative council of each stale having such council, the president may also appoint .....

Rajiyabai Oosman Sayi Vs. Mackinnon Mackenzie and Co. (P) Ltd.

Court : Mumbai

Reported in : (1970)IILLJ320Bom; 1970MhLJ705

..... then involves four requisites :- (1) the presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between them is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute; and often with the assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law, the submission of legal arguments by the parties; and (4) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of the land to the facts so found, including where required ..... in order to answer these questions it may be convenient before referring to the authorities relied upon by the parties to examine the relevant provisions of the act and the rules made thereunder and see whether the authority created under the act, namely the commissioner, who adjudicates upon disputes between workmen and employees is a court. 3. ..... municipal corporation, bombay (1965) 67 bom. l.r. ..... municipal corporation, bombay : (1965)67bomlr903 . .....

Smt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...

Court : Mumbai

Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7

..... further, under section 15 the period of one year is to be computed from the date of decree of the court of first instance which means that a decree of divorce is made by the court of first instance while under section 57 of the indian divorce act the period of six months is to be computed from the date of an order of the high court confirming the decree for dissolution of a marriage made by a district judge or when an appeal has been preferred in the appellant jurisdiction of the high court when the appeal is dismissed and the parties even cannot marry ..... if an appeal has been presented to the supreme court ..... unfortunately, rajendra kumar expired on may 7, 1965. ..... bharat was restrained by an order of injunction from ousting reeta from her matrimonial home i.e. 91-a. .....

B. Sai Anand Prasad Vs. Sai Krishna General Stores Rep. by N. Krishna ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD238; 2005(6)ALT185

..... , order, writ or other process of a court or willful breach of an undertaking given to a court'section 2(c) of the act defines criminal contempt as hereunder:' 2 (c) 'criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which-(i) scandalizes, or tends to scandalize, or lowers or tends to lower the authority of, any court; or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or(iii) interferes or tends to interfere with, or obstructs or tends ..... the learned judges of the apex court while dealing with the exercise of powers under the act observed that the weapon of contempt cannot be used for the purpose of execution of the decree or implementing an order of which law provides appropriate procedure and the purpose of discretion granted to the court is to maintain the dignity of courts and majesty of law. ..... the grievance of the landlord is that the direction issued by this court had not been complied with and hence, the landlord is entitled to invoke the jurisdiction of the court under the contempt of courts act, 1971 hereinafter in short referred to as 'the act' for the purpose of convenience.4. ..... 5345 of 1965. .....

Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and ors.

Court : Mumbai

Reported in : 2001(3)ALLMR649

..... further, under section 15 the period of one year is to be computed from the date of decree of the court of first instance which means that a decree of divorce is made by the court of first instance while under section 57 of the indian divorce act the period of six months is to be computed from the date of an order of the high court confirming the decree for dissolution of a marriage made by a district judge or when an appeal has been preferred in the appellate jurisdiction of the high court when the appeal is dismissed and the parties even cannot marry ..... if an appeal has been presented to the supreme court ..... unfortunately, rajendra kumar expired on may 7, 1965. ..... bharat was restrained by an order of injunction from ousting reeta from her matrimonial home i.e. .....

Hyderabad Industries Ltd. Vs. Mrs. Surina Rajan, Administrator, Haryan ...

Court : Punjab and Haryana

Reported in : (1993)104PLR453

..... , that one who fails or declines to carry out the orders of the court, for any such reason, clearly does so at the peril of being proceeded against under the contempt of courts act--and this is precisely the situation that the respondents are senior civil servants holding responsible posts and it can by no means be assumed that they did not understand the imperative nature of the direction contained in the order of this court of july 30, 1992 or that the mere contemplation of filing of an appeal or even its ..... indeed, the manner in which both these respondents have chosen to disregard the clear and explicit direction of this court, regarding the return of the land released from acquisition to the petitioner, cannot but invite strong adverse comment and render them liable for punishment under the contempt of courts act.10. ..... they are both consequently hereby convicted under section 12 of the contempt of courts act and are sentenced to imprisonment till the rising of the court and in addition mrs. ..... to give the factual background, about 55 acres of land owned by the petitioners at ballabgarh were acquired under the land acquisition act an area of 14 kanals and 13 marlas, out of the land acquired was subsequently released from acquisition. ..... having regard to the circumstances as narrated, there can be no manner of doubt that both the respondents have displayed callous disregard of the orders of this court and thereby render themselves liable for action under the contempt of courts act. .....