Court : Kolkata
Reported in : IV(2005)BC538,[2005]127CompCas18(Cal),(2005)4CompLJ525(Cal),[2005]63SCL1(Cal)
..... cause why proceedings should not be initiated against him under the securities and exchange board of india act, 1992, section 11b, read with the securities and exchange board of india (prohibition of fraudulent and unfair trade practices relating to securities market) regulations, 1995, regulation 12, and the securities and exchange board of ..... petitioner, the board would be empowered to take action in terms of regulation 11 of the new regulations. she refers me to passages from treatise and the decisions in union of india and anr. v. g.m. kokil and ors. : (1984)iillj20sc , chandravarkar sita ratna rao v ashalata s. guram : [1986]3scr866 , ..... contains regulations 1 and 2 dealing with short title and commencement, and definitions respectively. the second chapter, with the heading 'prohibition of fraudulent and unfair trade practices relating to the securities market', again has only two regulations (regulations 3 and 4). while regulation 3 enumerates what a person dealing in securities shall .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]207ITR743(Cal)
..... the appropriate authority was set aside on a ground similar to that in the case of tanvi trading and credits p. ltd. : [1991]188itr623(delhi) . this decision is dated december 14, 1990, and is subsequent to the order passed in union of india v. c.b. gautam.29. a learned single judge of the madras high ..... concept of a person aggrieved under article 226 with 'person interested' under section 269a(g). the petitioners have relied upon the meaning of 'person interested' in the land acquisition act, 1894, as well as in the decisions of the supreme court in sunderlal v. paramsukhdas, : [1968]1scr362 and himalaya tiles and marble (p.) ltd. v. francis ..... consideration for the transfer. 79. the reasoning of the appropriate authority proceeds upon a misconception of the law on the consideration. section 2(d) of the contract act, 1872, which defines 'consideration', does not require that the benefit of the action must go directly to the transferor. consideration may also involve a benefit being .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal507,(1968)ILLJ335Cal
..... requiring a hearing to be offered to an existing union before registering a new one, contravenes article 19(1)(c) of the constitution; (c) that ..... said order of registration of the rival union and prays for a writ of mandamus and certiorari on the grounds: --(a) that the order contravenes natural justice as it was made without hearing the petitioner; (b) that section 8 of the trade unions act, 1926 (hereinafter referred to as 'the act'), if it is construed as not ..... founded on different statutory provisions together with the rules framed under section 26a of the income-tax act, 1922. which lay down certain specific requirements. though regulations have been made under section 29 of the trade unions act, these regulations do not prescribe any procedure to be followed in dealing with an application for registration .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal56,[1962(5)FLR339],(1963)ILLJ100Cal
..... 1956 it was resolved to form a trade union of their own. this trade union made an application for registration under the indian trade unions act, 1926. on or about the 28th august, 1956 the registrar of trade unions, west bengal, certified that the union had been registered under the said act, the certificate number being 3847. on or ..... (2) that the employees' slate insurance corporation could not be regarded as 'trade' or 'industry' and the employees therefore could not be regarded as 'workmen' under section 2(g) of the indian trade unions act, 1926. 2. the union showed cause. on the 20th march, 1958 the registrar cancelled the certificate of registration ..... by which he allowed an appeal under section 11 of the indian trade unions act, 1926 against the order of the registrar of trade unions, west bengal, cancelling the certificate of registration no. 3487 granted to the employees' state insurance corporation employee's union. the facts are shortly as follows : the employees' state insurance .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(4)CHN567,[2008(119)FLR545],(2009)ILLJ747Cal
..... which was contrary to the provisions of law.7. to elaborate his submissions mr. bandopadhyay took us to the different provisions of the trade union act, 1926, industrial disputes act, 1947, west bengal trade union rules, 1998 and west bengal industrial disputes rules, 1958. mr. bandopadhyay also contended that a precedent being contrary to any statutory provision ..... other relief excepting this. in that view, a direction is given to the registrar that if an application is made under section 28a of the trade unions act, 1926, such application shall be decided in accordance with law treating the hotel as 'industry'. we hope that if such application is made it shall be ..... before passing the reasoned order.12. to approach the problem let us first discuss the law on the subject. the trade union act, 1926 (hereinafter referred to as the 'said act of 1926') is a central act with power given to the states to incorporate appropriate amendments. section 28a was introduced by west bengal amendment by the .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN188
..... establishment aggrieved by any decision of the registrar under chapter iiia of the said act was introduced in the trade unions act, 1926 by way of the trade unions (west bengal amendment) act, 1983 without defining industrial establishment, the rules framed under the said act in 1998 cannot give a restricted meaning to the concept of industrial establishment ..... international can be regarded as an industry. the definition of 'industry' as defined in section 2(aa) of the trade unions act, 1926 as well as clause (j) of section 2 of the industrial disputes act, 1947, are set out hereunder:section 2(aa) - 'industry' shall have the same meaning as in clause (j ..... given to the registrar to the effect that if an application is made by the appellant therein, viz., hotel hindusthan international karmachari union under section 28a of the trade unions act, 1926, such application shall be decided in accordance with law by treating the hotel as 'industry'.3. an application under section 28a of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal149,74CWN1,(1970)ILLJ707Cal
..... provisions of certain special statutes, e.g.,--(i) a registered union is made a body corporate by section 13 of the trade unions act, 1926, and is empowered to sue and be sued in its own name. (ii) under the industrial disputes act, 1947, an association of workmen has a right to raise ..... industrial disputes and to represent the workmen throughout the proceedings (ramprasad v. chairman. industrial tribunal, patna : (1961)illj504sc ) and can thus move against an award under the act (w. b. p. w. union ..... application under article 226 only when its rights as a collective body as distinguished from the aggregate rights of its members are affected by the act challenged in the proceedings (chiranjit lal v. union of india. : [1950]1scr869 ; govt. press employees' assocn. v. govt. of mysore, air 1962 mys 25; barrackpore bus syndicate .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN44
tapan kumar dutt, j.1. the first petitioner claims to be a trade union of owners and pullers of jin-rickshaws registered under the trade unions act, 1926. the second petitioner claims to be its general secretary while the third and the fourth petitioners claim to be a owner and a puller of ..... jin-rickshaw respectively. they are aggrieved by the inaction of the kolkata municipal corporation (hereafter the corporation) and its authorities in renewing certificates of enlistment under section 199 of the kolkata municipal corporation act ..... in order, grant is the rule. once section 199 read with schedule iv, entry 36 of the k.m.c. act, requires a person to obtain a certificate of enlistment for engaging in the trade of using or plying jin-rickshaws, and such statutory provision is still in vogue, the application for renewal has to be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... there is, can be said to be contained in the indian trade unions act 1926 or the amendment act 1947 (whichdeals with the matter of recognition of trade union), the criminal law amendment act 1932 and the industrial disputes act 1947. the last mentioned act does not affect or regulate trade unions as such, but certain provisions e. g. which make strikes ..... .135. immunity from liability of the offence of criminal conspiracy and from civil suits in certain cases has been provided in sections 17 and 18 of trade unions act, 1926.136. (after mentioning the sections (see para 25a1 the judgment proceeds:) in section 17 above, immunity extends only to the specified offence punishable under ..... in this case neither the respondent-workers nor tht state government had claimed that 'gherao was protected under section 17 or section 18 of the trade union act, 1926, and therefore it was not necessary to consider if 'gherao was justified under either of the two sections but even if such immunity was claimed .....
Tag this Judgment!Court : Kolkata
Reported in : (2010)ILLJ496Cal
..... provisions, section 25-t and 25-u read such:25-t. prohibition of unfair labour practice.- no employer or workman or a trade union, whether registered under the trade unions act, 1926 (16 of 1926), or not, shall commit any unfair labour practice.25-u. penalty for committing unfair labour practices. - any person who commits any ..... those are not relevant for adjudication of this case as those were in the field of different act, namely, contract labour (regulation and abolition) act, 1970 and maharashtra recognition of trade union and prevention of unfair labour practices act, 1971.8. the respondent-workmen appeared in two groups by engaging different counsels. the workmen ..... industrial tribunal, asansol dated june 9, 1999 whereby the tribunal answered the reference under section 10 of the industrial dispute act, namely, 'whether the demand of durgapur casual workers' union for absorption of 49 casual workmen as per list enclosed by the management, fci, durgapur is justified? if not, what .....
Tag this Judgment!