Court : Guwahati
..... (article 323b(3)(d)). the additional solicitor general in the delhi high court case reported in delhi high court bar association v. union of india : air1995delhi323 admitted that the act has been enacted under this provision, but admittedly, there is no provision for constituting a tribunal of recovery of debts under article ..... 95 will show that the matter establishment of tribunal is not covered by these two entries. entry 43 is with regard to incorporation, regulation and winding up trading companies, etc. does the establishment of tribunal come within the purview regulation. the word 'regulation' received judicial interpretation in a number of cases (see ..... judgment of the punjab and haryana high court- entry 43 in list i deals with the following things : '43. incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies.' 87. entry 95 is the jurisdiction and powers of all courts, except .....
Tag this Judgment!Court : Guwahati
..... the north-east frontier rly. mizdoor union and the general secretary of the said union by telegram and a letter of the same date that the recognition of the union was withdrawn.2. the petitioner's case is that it is a trade union of non-gazetted employees, registered under the indian trade union act, 1926 and that it was accorded recognition ..... of the railway. they allege that the petitioner however adopted methods other than those specified for ventilating their alleged grievances. they also deny that the petitioner union acted in conformity to the rules for recognition of service association of non-gazetted railway servants. the respondents submit that the strike launched on 19.9.68 was ..... associations contained in part b of appendix xiii and the conditions precedent to the recognition of a union by a railway administration contained in part c thereof.8. a railway servant becomes a member of a trade union with a view to protect his interests in the service as well as to share the fruits .....
Tag this Judgment!Court : Guwahati
..... shall be entered, the names and addresses of (a) all persons who were entered as advocates on the roll of any high court under the indian bar councils act, 1926 and who at any time express an intention in the prescribed manner to practise within the jurisdiction of the bar council and (b) all other persons who are admitted ..... punjab : (1966)illj458sc , c.s. rowjee v. state of ap : [1964]6scr330 but that would not be necessary where there is no such personal allegation lakhanpal, pl v. union of india : [1967]1scr433 .23. any person acquainted with the facts of the case may give affidavit : air1954cal159 .24. the affidavit should be verified so that the reason for ..... it shall contain the full name, the name of his father, of his caste or religious persuasion, his rank or degree in life, his profession, calling, occupation or trade, and the true place of his residence.order 19, rule 7, cpc, provides:unless it be otherwise provided, an affidavit may be made by any person having cognizance of .....
Tag this Judgment!Court : Guwahati
..... the power under section 10(1)(c) of the industrial dispute act, 1947. the issues are as follows; issues:-- (a) whether the management of m/s glindia ltd. are justified in suspending shri ranjit acharya, medical representative with effect from september 8, 1987 for his trade union activities : actuated with the motive and subsequent dismissal from service ..... v. industries v. ratanlal sarma) supreme court taking an over all view of the case, allowed the application for transfer. (iii) air 1986 sc page 1896 (union of india v. shriromani gurdwara prabandhak committee) the supreme court considering its earlier decision in 1958 sc page 309, 1965 sc page 720 and an unreported decision, pointed ..... himself in support of his case. by order dated march 1, 1993, the labour court decided the preliminary issues against the management and in favour of the union. being aggrieved by the said order, the management moved a writ petition before this hon'ble court which is pending as civil rule no. 1553/93. .....
Tag this Judgment!Court : Guwahati
..... or 117 of the rop act, such election petition shall be dismissed. section 82 prescribes the list of persons who can be impleaded in an election petition. in the present miscellaneous application, ..... for the election petitioner at length. i have also perused the records of the miscellaneous application and the election petition meticulously.4. chapter-iii of the rop act deals with the procedure for trial of election petitions. section 86(1) provides that if the petitioner does not comply with the provisions of sections 81 or 82 ..... illegal reception of few votes, the aforesaid election petition has been filed under sections 100 (1) (d) (iii) (iv) of the representation of the people act, 1951 (hereinafter 'rop act' in short), so as to declare the election of the sole respondent as void.2. having duly notified, the respondent has appeared to contest the election petition .....
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..... l. p. singh secretary to the govt. of india new delhi january 12, 1968'. 16. on the basis of the letter, the supreme court concluded that the union govt. was entitled to exercise extra-provincial jurisdiction over the shillong administered area on april 15, 1948. the reason was that prior to the date, british government had exercised ..... for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say-(a) taxes on professions, trades, callings and employments; (b) taxes on animals, vehicles and boats; (d) taxes for the maintenance of schools, dispensaries or roads. (4) a regional council or ..... xiii of 1899). 5. the lepers act, 1898 (iii of 1898). 6. the assam medical act (i of 1916). 7. the indian post. office act, 1898 (vi of 1898). 8. the indian telegraph act, l885 (xiii of 1865) 9. the epidemic diseases act, 1897 (iii of 1897). kmun manik shillong siem of mylliemthe 7th september, 1926.' 18. therefore, in the areas .....
Tag this Judgment!Court : Guwahati
..... or thing under clause (iii) :provided also that nothing contained in the second proviso shall apply in case of any valuable article or thing, being stock-in-trade of the business.' 39. a bare reading of sub-section (1) of section 132 shows that this sub-section visualises three different situations in which the director general ..... or other valuable article or thing found as a result of such search :provided that bullion, jewellery or other valuable article or thing, being stock-in-trade of the business, found as a result of such search shall not be seized but the authorised officer shall make a note or inventory of such stock-in ..... the high court of punjab could exercise jurisdiction under article 226 of the constitution against the union of india and other instrumentalities of the union government located in delhi. to remedy this situation, clause (1a) was inserted by the 15th amendment act, 1963, conferring thereby on the high court's jurisdiction to entertain a petition under article .....
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..... on some decisions with regard to fiscal intention of legislature :(i) 1994 (74) e.l.t. 782 (s.c) = (1995) 1 scc 274 (kasinka trading and anr. v. union of india and anr.). that was a case with regard to withdrawal of exemption notification for the import of pvc rasin. earlier on 31-3-1981, a notification was ..... publications notified in this behalf by the central government in the official gazette, or which is a brand name, that is a name or a registered trade mark under the trade and merchandise marks act, 1958 (43 of 1958) or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used ..... encyclopaedia britannica. the concept of package tea as of different variety was introduced for the first time by the provisions of the central excises and salt (amendment) act, 1953 (act 15 of 1953). the package tea was considered as different varieties of the product commercially as tea itself having distinct character and use and name and commercially known .....
Tag this Judgment!Court : Guwahati
..... decisions of the apex court regarding the power of the writ court. they are 1997 supreme court 645 (air india statutory corporation, etc. appellants v. united labour union and others, respondents) wherein in paragraph-59 the supreme court pointed out as follows:- '59. the founding fathers placed no limitation or fetters on the power of ..... judgment of gajendra gadkar's case, that is quoted below:- 'education in its true aspect is more a mission and a vocation rather than a profession or trade or business, however, wide may be the constation of the two later words....' the supreme court in unmistakable terms pointed out as follows:-'imparting of education ..... to any person or authority including, in appropriate cases, any government. under clause (1) of article 367 m unless the context otherwise requires, the general clauses act, 1897, shall subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of the constitution as it is applies .....
Tag this Judgment!Court : Guwahati
..... i.e. sr. technicians/sr. operators the plaintiff applicants started bargaining with the management for getting additional financial benefits. after prolonged discussions by their unions at various management forum, the management with a view to retaining the skills and experience gained by these incumbents, and also as a matter of ..... were not enlisted for recommendation for promotion and hence they raised protests and objections and to that effect a tripartite settlement was held among the corporation, union (plaintiffs) and asstt. labour commissioner-cum-conciliation officer, silchar respectively on june 27, 1991 and an agreement was arrived at for the fulfilment of ..... plaintiffs-applicants were also enjoying the benefits of being the unionised category employees under the industrial disputes act, 1947. it is on record that during this period some of the applicants/plaintiffs held the positions of union office bearers also. g) that on their repeated approach and with an honest intention of .....
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