Court : Supreme Court of India
Reported in : AIR1985SC796; (1985)87BOMLR316; 1985(1)SCALE724; (1985)2SCC683; [1985]Supp1SCR1
..... the clear provision in law that heirs of a deceased tenant whose tenancy had been terminated during his life time and who was continuing in possession by virtue of the provisions of the act did not enjoy any protection and was liable to be evicted as a matter of course, the legislature considered it fit to ..... act of 1958 by delhi rent control (amendment) act, 1976 (act 18 of 1976) by changing the definition of 'tenant' with retrospective effect. the argument is that by virtue of the amendment introduced in 1976 with retrospective effect, the heirs of the deceased tenant specified in section 2(iii) enjoy the protection against eviction during their life ..... on behalf of the landlords that the amendment to the definition of 'tenant' with retrospective effect introduced by the delhi rent control amendment act (act 18 of 1976) to give personal protection and personal sight of continuing in possession to the heirs of the deceased statutory tenant in respect of residential premises only and not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC286; (1980)1SCC223; [1980]1SCR769; [1980]45STC36(SC)
..... levels for long. we may start a rapid survey from 1932 when the sugar industry protection act, 1932 was put on the statute book. 16. its object was to foster and develop the sugar industry by protective tariffs. then came the sugarcane act 1934 which empowered the provincial government to fix a floor price for sugarcane sold to ..... categories and reduces the rate or exempts the tax in respect of 'abject destitutes, or starving flood victims or notoriously hazardous habitations, with respect to necessity of life. such differentiation cannot be castigated as discrimination out of hand. of course, it is common and commonsense that reliable standard is the price, although in regard ..... policy in the country must accept as final the pronouncements of this court by a constitution bench unless the subject be of such fundamental importance to national life or the reasoning is so plainly erroneous in the light of later thought that it is wiser to be ultimately right rather than to be consistently wrong. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000(4)ALT12(SC); JT2000(7)SC19; 2000(5)SCALE69; (2000)6SCC213; [2000]Supp1SCR389; 2000(2)LC1196(SC)
..... acts referred to above, has also given effect to fundamental rights under articles 14 and 21 of the constitution and has held that if those rights are violated by disturbing the environment, it can award damages not only for the restoration of the ecological balance, but also for the victims who have suffered due to that disturbance. in order to protect the 'life ..... punished with an additional fine. section 47 contemplates offences by companies while section 48 contemplates offences by government departments.15. section 15 of the environment (protection) act, 1986 provides for penalty for contravention of the provisions of the act and the rules, orders and directions made thereunder. sub-section (1) of section 15 speaks of imprisonment for a term which may extend to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1552; [1972(24)FLR306]; 1972LabIC822; (1972)IILLJ40SC; (1972)4SCC23
..... directed against the award of the industrial tribunal, gujarat dated october 27, 1967, in reference (it) no. 126 of 1965.2. the appellant is a company registered under the companies act and is engaged in the business of manufacturing cement. the appellant owns and manages 16 cement works all over india including the cement manufacturing factory at dwarka in the state ..... illness an excuse for absence from work.counsel said that it is because sick leave provisions are abused by workmen that no benefit is given under the employees' state insurance act, 1948 for the first two days of illness.7. generally speaking no workman will get himself treated by a doctor on the very first day of an illness. for minor .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(175)ELT3(SC); JT2004(7)SC5; (2005)139PLR1; 2004(7)SCALE82; (2004)8SCC621; [2004]137STC163(SC)
..... a fee, which had been imposed under entries 15 and 27 of list ii of the constitution of india and was imposed in order to preserve, protect and improve stock and prevent animal diseases and give veterinary training and practice and for improving production, supply and distribution of goods. it was submitted that ..... in consultation with the state government so as to promote dairy sector on modern, scientific and commercially viable lines.10. subject to the provisions of this act and the rules made thereunder, the board shall exercise the following powers and perform the following functions, namely :--(i) to effect coordination between all organizations ..... and invalid as the state legislature has impinged upon a field that was already occupied by a central legislation, namely, the industries (development and regulation) act, 1951. the high court holds that both the legislations are aimed at improvement in production and marketing by employing suitable equipments and materials. the high court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(1)AWC605(SC); JT2003(9)SC548; 2003(10)SCALE43; (2004)1SCC391; (2004)1UPLBEC855
..... only solid substances but also a drink. still the fact remains that whether a solid or a liquid, the substance called 'food' should possess the quality to maintain life and its growth; it must have nutritive or nourishing value so as to enable the growth, repair or maintenance of the body.67. as the purpose for which ..... to whether 'seed' would come within the purview of the expression 'wheat' within the meaning of the provisions of u.p. krishi utpadan mandi samiti adhiniyam ('the act'). the act was enacted to curb the malpractices in the old markets. mandi samitis are established under section 12 thereof. the mandis are entitled to collect market fee on the sale ..... of raw uncertified seeds there will be no mandi tax liability.20. learned senior counsel appearing for the parties also drew our attention to the relevant provisions of the seeds act, 1966 (act no. 54 of 1966) and the seeds rules, 1968 (hereinafter referred to as 'the rules'). we have also perused the schedule (sections 2(a) and 4 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825
..... depending on traditional crafts and nets would be pushed below the poverty line this court upheld the prohibition. therefore, it was held that the act was to protect their rights. this court had upheld the regulatory measure.46. in kerala swathanthra malaya tlwzhitali federation and ors. v. kerala truwlnet board operators ..... the right to socio-economic justice in the trinity, the preamble. fundamental rights and directives is to make the quality of life of the disadvantaged people meaningful. equal protection in article 14, therefore, requires affirmative action by the state to those unequals by providing facilities and opportunities. the question therein ..... be made to harmonise the individual interest with the paramount interest of the community keeping pace with the realities of ever changing social and economic life of the community envisaged in the constitution. justice in the preamble implies equality consistent with the competing demands between distributive justice with those of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1976Delhi316; 1976RLR204
..... the deceased, although this fact is being disputed by the respondent. but, even after making the said assumption in favor of the appellants, it appears that the protection granted by the amendment is confined personally to the widow who is in the first category and excludes the rights and claims of the son, the parents and other ..... tenant died on 8th august, 1969, after his contractual tenancy had been terminated with effect from 30th june, 1968, he was a statutory tenant entitled to personal protection against eviction. under the rule of law laid down in the supreme court decision cited above, his legal representatives are not entitled to inherit his rights since the ..... transferable or heritable. on his death, in view of the amendment of the act by the ordinance, his widow (who falls in the first category) was entitled to the protection for a period of one year if she was financially independent or for her life if she was financially dependent on the deceased. for the purposes of this case .....
Tag this Judgment!Court : Delhi
Reported in : 1989(25)LC585(Delhi); 1979(4)ELT581(Del)
..... article 226 of the constitution because the right to maintain such a petition postulates a subsisting personal right in the claim which the petitioner makes and in the protection of which he is personally interested. inasmuch as the permit was validly terminated the appellant had no right which he could enforce when he moved the court ..... his product or financial circumstances may prevent the finished product to be marketed. it is in this context, thereforee that the provisions of section 3 of the act and rules 9 and 49 of the excise rules have to be harmonised. indeed, these provisions complement each other. section 3 lays down the legislative policy on ..... 9. the learned counsel for the petitioner formulated seven propositions requiring court's determination. these may be summarised a follows: - 1. expressions used in the excise act must be understood in the commercial or the trade sense and not the scientific or laboratory sense. according to trade and market, furnace oil is only that mineral .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)342; 86(2000)DLT246
..... measures, its recovery/ realization and the task of undertaking the remedial measures is placed upon the central government in the light of the provisions of the environment (protection) act, 1986. it is, of course, open to the central government to take the help and assistance of state government, rpcb or such other agency or authority, ..... aspired, where lives are lost due to careless disregard of the duties, by public authorities, and those on whom duties are enjoined by law, to protect and preserve human life. mr. tulsi submitted that respondents must, thereforee, be made to bear the brunt, by doing complete justice to the parties in this very proceedings. ..... the contrary view would not merely render the court powerless and the constitutional guarantee a mirage, but may, in certain situations, be an incentive to extinguish life, if for the extreme contravention the court is powerless to grant any relief against the state, except by punishment of the wrongdoer for the resulting offence, .....
Tag this Judgment!