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District Collector and anr. Vs. Kotagadda Sayed Mahaboob Basha

Court : Andhra Pradesh

Reported in : 2004(3)ALD605

..... of this court held,'.......the fact that the learned single judge has decided the fate of the order dated 22-9-2000 on merits, the learned single judge has found the order to be bad and therefore he has decided the matter finally between the parties pertaining to the legality of order dated 22-9-2000 rejecting the request of the writ petitioner for grant of affiliation, therefore even if it is accepted that this court has no power under section 19 of the contempt of courts act, this court has the power under clause ..... then the division bench of this court set aside the order of the learned single judge on the ground that the order passed by the osmania university rejecting the application of the writ petitioner was a fresh cause of action and the court, while deciding the contempt petition, it had also decided the fate of the order passed by the university rejecting the application of the writ petitioner. ..... the supreme court was of the view that when a seniority list was drawn pursuant to the directions of the high court, the high court could not come to a conclusion whether the seniority list had been drawn in accordance with its direction or not, unless it had gone into the correctness of the decision taken by the government in preparation of the seniority list. ..... venkayya, 1965 (1) an.wr 74. .....

Dr. P.L. Jauhar Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1975Raj61; 1974(7)WLN613

..... statutes of limitation cannot be considered as anything else than matters relating to procedure, and ordinarily such statutes have their operation from the date fixed in the statute and govern all matters before the court after the commencement of the operation of the statute, but there is one exception and it is that where under the act as amended the application could not be made, the amendment will not apply retrospectively, for the principle is that the effect of an amendment is to regulate and not to confiscate a vested right. ..... rajnarain, learned counsel for the petitioner, that a statute of limitation ceases to be a statute of mere procedure where it shortens the period of limitation and the period of limitation prescribed by section 20 of the act cannot therefore govern the present petition because the cause of action which had accrued to the petitioner earlier, under the contempt of courts act, 1952, could not be defeated by recourse to section 20 of the act. ..... their lordships repelled the argument as follows:--'but this would certainlv not be the case; for, the principle we have enunciated would not applv to cases where three years did not elapse before the act came into force, for then, the rule enacted in it would not have the effect of destroying the cause of action vested in the land-holder for the rent due to him. ..... shankaranaravana, air 1965 sc 241 and ramprasad dagaduram v. .....

indirect Tax Practitioners Association. Vs. R.K. Jain.

Court : Supreme Court of India

..... in strong words the high court observed that the tribunal was acting more loyal than the king in the following words:-"......the effect of this order is that the tribunal has dispensed with the requirement of pre-deposit of total duty amount of rs.64 crores as also the penalty amount of rs.35 crores without showing any awareness as to the existence of any undue hardship to the assessee if the assessee is required to comply with the provisions of section 35f and the proviso and in total disregard of the interest of the revenue by not providing sufficient ..... because adverse and uncharitable comments made by the respondent qua some of the orders passed by the particular bench of cestat amounts to direct interference in the administration of justice and the same are bound to affect the credibility of the tribunal in the eyes of the public in general and the litigants in particular who will have no confidence in the particular member of cestat and those appearing before the particular bench will not be able to represent the cause of their clients with the freedom which is sine qua non for ..... and again as has been said in the famous speech of abraham lincoln in 1965: "with malice towards none, with charity for all, we must strive to do the right, in the light given to us to determine that ..... any rate, political democracy is based on the assumption that such freedom must be jealously guarded. ..... after independence, the courts have zealously guarded this most precious freedom of every human .....

Mukand Ltd. Vs. Mukand Staff and Officers' Association

Court : Supreme Court of India

Reported in : AIR2004SC3905; 2004(5)ALLMR(SC)839; 2004(2)CTC430; [2004(101)FLR219]; JT2004(3)SC474; 2004(2)KLT1(SC); (2004)IILLJ327SC; (2004)4MLJ6(SC); 2004(3)SCALE116; (2004)10SCC460; 2

..... the settlement of 1995 concluded during the proceedings in the reference when the issue was already before the tribunal, stated:'clause 1 of this settlement reads : 'it is the company's contention that a majority of the staff, on the one hand and the officers on the other are not 'workmen' under section 2(s) of the industrial disputes act, 1947 and are also not covered by the provisions of the payment of bonus act, 1965. ..... the appellant-company and the respondent-association concluded a settlement on annual bonus for four years, without prejudice to their respective rights and contentions as stated in clause i of the said settlement which stated as under:'it is the company's contention that a majority of the staff, on the one hand and the officers on the other are not 'workmen' under section 2(s) of the industrial disputes act, 1947 and are also not covered by the provisions of the payment of bonus act, 1965. ..... up an isolated statement made by the company's witness, in total disregard of the central thrust of the whole body of his evidence and in holding that the company's witness admitted, in his evidence, existence of such community of interest between the workmen and the non-workmen, wholly misconstruing the meaning of the evidence on a vital issue which goes to the root of the dispute and on such misinterpretation, the learned single judge has built up the ratio of this judgment on the issue of the status of the employees under the act and the jurisdiction of the tribunal.'60. .....

Shri Manohar Gunaji Anubhawne Vs. the State of Maharashtra and Shri Ra ...

Court : Mumbai

Reported in : [2004]120CompCas94(Bom); [2004(101)FLR269]; (2004)IILLJ680Bom; 2004(1)MhLj346; [2004]52SCL536(Bom)

..... shri jamdar has assailed the impugned orders on the following grounds, namely, -i) that the complaint is not filed by or in the name of the company to whom the room in question belongs but it is filed by one of its employees and therefore, the same is not maintainable.ii) that the petitioner's possession of the suit room is protected in view of the notifications dated 20.3.2001 and 20.6.2002 issued by the state government in exercise of its powers under section 37(1) of the maharashtra regional and town planning act, 1965.iii) the petitioner is a tenant of the room in question and that ..... therefore, his possession thereof is protected by the provisions of the bombay rent act. .....

Oriental Insurance Co. Ltd., Haldwani Vs. Dhanram Singh and Others

Court : Allahabad

Reported in : 1990ACJ41; AIR1990All30; [1993]76CompCas624(All)

..... and diu enacted the goa, daman and diu civil courts act, 1965 (act xvi of 1965) which came ..... on january 1, 1964, became applicable to the whole of india including the union territory of goa, daman and diu; (c) the parliament also enacted the goa, daman and diu (extension of the code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (act xxx of 1965) whereunder the provisions of the indian code of civil procedure, 1908 were extended to the territories of goa, daman and diu with effect from june 15, 1966 with the corresponding provisions of the portuguese code being repealed; and (d) the legislative assembly of goa, daman .....

The State of Maharashtra and anr. Vs. the Jalgaon Municipal Council an ...

Court : Supreme Court of India

Reported in : AIR2003SC1659; 2003(2)ALLMR(SC)725; JT2003(5)SC509; (2003)9SCC731; [2003]1SCR1112

..... municipal councils, nagar panchayats and industrial townships act, 1965whereas both houses of the state legislature are not in session;and whereas the governor of maharashtra is satisfied that circumstances exist, which render it necessary for him to take immediate action further to amend the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, for the purposes hereinafter appearing;now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the constitution of india, the governor of maharashtra is hereby pleased to promulgated ..... amendment of section 3 of maharashtra xi of 1965 -- in section 3 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter referred to as 'the municipal council act') in sub-section (3) for the words 'two months' the words 'not less than thirty days' shall be substituted.3. ..... lix of 1949), the government of maharashtra has announced its intention to declare the jalgaon smaller urban area in the jalgaon district to be a larger urban area which shall form a city and shall have a corporation by the name 'municipal corporation of the city of jalgaon'.now, therefore, in pursuance of the provisions of sub-section (3) of section 3 read with sub-section (2) of section 6 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (mah. .....

Shri Ambica Mills Ltd. No. 1 Vs. the Textile Labour Association, Ahmed ...

Court : Supreme Court of India

Reported in : AIR1973SC1081; [1973(26)FLR4]; (1973)ILLJ102SC; (1973)3SCC787; [1973]3SCR123

..... the deductions claimed by the mills in calculating the available surplus were of certain items falling under item 6(g) of the second schedule of the payment of bonus act, 1965, as subsidies. ..... his sole point was that but for the introduction of item 6(g) in the second schedule to the bonus act it would not be open to him to contend that subsidy should be deducted from the allocable surplus for the purpose of payment of bonus. ..... but whether any part of that amount should be held to fall under item 6(g) of the second schedule to the act cannot be decided on the basis that it is shown as an income in the profit and loss account or the balance sheet. ..... the payment of bonus act, section 2(9) defines a company as follows :(9) 'company' means any company as defined in section 3 of the companies act, 1956, and includes a foreign company within the meaning of section 591 of that act; a corporation is defined in section 2(11) as 'any body corporate established by or under any central, provisional or state act but does not include a company or a co-operative society'. ..... while all companies and corporations, as defined in the act are liable to pay bonus, the intention seems to be that only subsidies paid by body corporate established by any law, should be deductible items and not subsidies paid by bodies corporate established under any law. .....

Yadlapati Venkateswarlu Vs. the State of Andhra Pradesh and Another

Court : Supreme Court of India

Reported in : AIR1991SC704; [1991]190ITR375(SC); JT1990(4)SC19; 1990(2)SCALE519; 1992Supp(1)SCC74; [1990]Supp1SCR381

..... (2) notwithstanding anything in sections 85 and 87 of the principal act as amended by this act, the property tax levied in accordance with the provisions of the principal act as it stood before the commencement of this act by such of the municipalities as have come into existence after the commencement of the principal act shall continue to be levied and collected by or on behalf of the municipal council of any such municipality for the year commencing on the 1st april, 1975.admittedly the validity of the fourth amendment act had not been challenged in the high court. ..... the submissions that the amendment act was not retrospective and that the enhancement of the tax was not made following the procedure prescribed by law, were also negatived holding that the procedure prescribed under the old act was followed inasmuch as under the old act the property tax was levied on the basis of only rental value whereas under the new act it was on the basis either of the rental value or of the capital value, and that under the old act when tax was being levied on the basis of rental value ..... the andhra pradesh municipalities act 1965 (hereinafter referred to as the 'new act') came into force on 2.4.1965. .....

M/S. Bagi Beedi Factory, Hubli Vs. the Appellate Authority Under the P ...

Court : Karnataka

Reported in : 1998(1)KarLJ304

..... that was because, even though he was not working in the establishment of the petitioner, he was nevertheless brought within the provisions of the said definition by virtue of sub-clause (i) of clause (f) of section 2 of the beedi act, employees of his nature having been brought thereunder in the peculiar circumstances as 'home workers', they being those who would get raw materials from the employer, take the said raw materials to their homes and bring back the finished products to the satisfaction of the employer -- all these being done for wages. ..... sri somasekhar urges that since the gratuity act emphasises that, for a person to be considered as an employee, he ought to be working in an establishment, that means, within the precincts of the establishment, and since a 'home worker' like the third respondent's husband working at his home, cannot be said to be a person working in the establishment of the petitioner-beedi factory, he cannot be called an employee for the purpose of gratuity act, though he could be called an employee for the purpose of beedi act by virtue of sub-clause (i) of clause (f) of section 2 of the beedi act. ..... jain's case, referred to above, found that the expression 'local authority' had not been defined in the payment of bonus act, 1965, with which act, it had been dealing in the said case. .....