Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... revenue, and since on the evidence the revenue in making the impugned arrangement were genuinely acting in the care and management of taxes under the powers entrusted to them, the application made by the applicant should be dismissed because the applicant did not have a sufficient interest for the purposes of ..... returning to the bar after adoring the bench for a short-time, a system of taking an undertaking from an additional judge, that if offered he will ..... pardon; approve a parole; borrow funds; sign or approve a warrant; issue bonds; subscribe to stock as required by statute; appoint a commission to appraise property which is sought to be condemned; allot or pay over money received from the federal government; approve a contract; or perform other like duties.if it is the constitutional or statutory duty of a governor to exercise his discretion with respect to ..... minister/union government and as such violates the requirements of article 222(1) of the constitution as laid down by this court in sankalchand sheth's case, 0065/1977 : [1978]1scr423 inasmuch as such mass transfers on alleged grounds of policy are outside its scope and further it reduces the efficacy of ..... directions, he shall be held to have committed an offence under section 166 of the indian penal code, 1860 (45 of 1860).these two sections came up for consideration for the first time before this court ..... same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state .....
Tag this Judgment!Court : Supreme Court of India
..... and perhaps could not have been - that the tribunal under the scheme of the act would take over a part of the existing backlog and a share of the normal load of ..... rupees, require the appellate tribunal to refer to the high court any question of law arising out of such order and, subject to the other provisions contained in this section, the appellate tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the high court: provided that the appellate tribunal may, if it is satisfied that ..... subject to such conditions and limitations, if any, as may be specified in the order, to any member or officer or other employee of the tribunal or other person authorized by the tribunal to manage any industrial company or industrial undertaking or any operating agency, such powers and duties under this act as it may deem ..... in the income-tax authorities referred to in section 131, and any proceeding before the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code (45 of 1860), and the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of ..... act 47 of 1977, section 9 of the bombay industrial relations act was amended by substituting a new sub-section (2), which replaced the original sub-section (2) of section ..... repealed section 9 of the earlier act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78
..... servant as the case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of this duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring his assistance under section 37 or section 129 of the said code; or (e) if the murder has been committed by him, while under sentence of imprisonment for- life, and such ..... inevitable that simply because a murder is brutal, lex talionis must not take over nor humane justice flee. ..... the resolution was withdrawn, but only after the government had given an undertaking that a transcript of the debate would be forwarded to the law commission, for consi- deration in the context of its review of the penal code and the ..... in 1808 romilly managed to repeal the elizabethian statute, which made it a capital offence to steal ..... that the observations of the supreme court in the said case (air 1976 sc 2071) can be applicable to such a case of triple murder, where each victim is deliberately stabbed in the chest. ..... 302 of the indian penal code 1860 had "worked well" in india, and that he had never himself felt that the responsibility of choosing between the sentence of death and a lesser punishment was unfair or excessive, nor had he ever heard ..... yoga, in its many forms, seems ..... of law, university of new south wales: capital punishment in india: the impact of the ediga anamma case-july 1977. .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(88)FLR561]; (2001)GLR74
..... settlement is not directly within the meaning of section 2-p of the act and therefore section 18 is not applicable and that such settlement is not binding to ..... arts, architecture, city planning and other allied fields; (b) to establish, equip and maintain workshops, laboratories or factories with modern machinery and equipments in order to undertake scientific and technological research for the production of goods and the optimum exploitation of raw materials and processes, and to provide funds for such works and for payment ..... , union of india; (ii) the president representing the union of india has complete control over the management and affairs of the company because he has the authority to appoint and remove the directors who will constitute the board ..... civil court at ahmedabad inter alia praying for permanent injunction against the respondent institute from acting in furtherance with the departmental inquiry or taking any disciplinary action in pursuance of the charge sheet dated 7th december, 1987. ..... of the government addressed to the institute with respect to implementation of ivth pay commission recommendations and also communication dated 28.7.1977 with regard to duration and timing of lunch break, tea break, etc. ..... society can be amended or repealed only by approval of the government ..... statute or it may be a government company or a company formed under the companies act, 1956 or it may be a society registered under the societies registration act, 1860 or any other similar statute. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR376; 2007(4)BomCR568; (2008)ILLJ243Bom; 2007(5)MhLj801
..... stage), the appellant-mill has stated that the company had filed two separate applications under form xxiv-c under section 25(0-1) of the industrial disputes act, both dated 10-4-2003; subsequently treated as having been made on 2nd may, 2003; seeking permission to close two subject undertakings of the company, namely; (1) crown mill at gokhale road (south) ..... the management are dishonest, selfish and false in nature.i say that by taking into consideration all above mentioned facts and circumstances, hon'ble industrial tribunal dismissed the application of management and from 2nd july 2003 they are on work and declared their services have not been terminated like this be declared and order be given to management ..... of productivity and high input cost in mumbai mills;(f) constraints to modernization on account of resources;(g) over capacities in the global market affecting the margins for exports;(h) increased debt burden due to interest liabilities and funding of cash losses.12. ..... section 14, the board or the appellate authority shall be deemed to be a civil court for the purpose of section 195 of chapter xxvi of the code of criminal procedure, 1973 (2 of 1974) and every proceeding before the board or the appellate authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the indian penal code (45 of ..... . : [1977]1scr967 , the supreme court cited a statement from its own earlier decision to the effect that .....
Tag this Judgment!Court : Delhi
Reported in : 40(1990)DLT251
..... his under the his act is a body corporate and takes over the functions of the indian standards institution (for short 'isi') which was a society registered under the societies registration act 1860 and was established under a certain resolution of the government of india in 1946.we may note that the functions of the isi were the subject-matter of ..... applies only to new industries.they are, however, prepared to make a statement that in case the consumers in the present case make an application to the department stating that earlier they were manufacturing goods with'q' certification and that now they wanted to have the goods manufactured with 1.s.i. ..... of the petitioners, referred to various provisions of the industries act and particularly to ss15 and 16 which gave power to the central government to cause investigation to be made into scheduled industries or industrial undertakings and then for issuing of necessarydirections, and contended that formation ..... the technological competence and resources available to the entire cross sections of industry quite often it is very difficult to put forward ..... validity of the 1976 order was, thereforee, upheld.this 1976 order was repealed by household electrical appliances (quality control) order 1981 which came into force on 12.11.1981, this order was made as the central government was ..... i 'mr.kacker informs us that there is already a notification dated 24/05/1977, which exempts goods meant for export from complying with the i.s.i ..... management .....
Tag this Judgment!Court : Chennai
..... petroleum company and taken over by the newly formed government owned company and held that sections 13 and 14 of the payment of gratuity act will override the said ..... real benefit to the employee because the management takes away by the left hand what ..... act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed ..... section 5 of the official secrets act, 1923 (19 of 1923) which was obtained, while holding office in the bank so as to prejudicially affect the interest of the general public or the security of the state.c)the expression 'fraudulently' shall have the meaning assigned to it under section 25 indian penal code, 1860 (45 of 1860);d)the expression 'criminal breach of trust' shall have the meaning assigned to it section 405 of the indian penal code, 1860 (45 of 1860 ..... undertakings of burmah shell in india are directed to be vested shall, as soon as may be after the date of vesting, constitute, in respect of the moneys and other assets which are transferred to and vested in it under this section, one or more trusts having objects as similar to the objects of the existing trusts as in the circumstances may be practicable, so, however, that the rights and interests of the beneficiaries of the trust referred to in sub-section ..... service on attaining the age of superannuation on september 1, 1977 and charges were served on him on october 16, .....
Tag this Judgment!Court : Chennai
..... petroleum company and taken over by the newly formed government owned company and held that sections 13 and 14 of the payment of gratuity act will override the said ..... real benefit to the employee because the management takes away by the left hand what ..... act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed ..... section 5 of the official secrets act, 1923 (19 of 1923) which was obtained, while holding office in the bank so as to prejudicially affect the interest of the general public or the security of the state.c)the expression 'fraudulently' shall have the meaning assigned to it under section 25 indian penal code, 1860 (45 of 1860);d)the expression 'criminal breach of trust' shall have the meaning assigned to it section 405 of the indian penal code, 1860 (45 of 1860 ..... undertakings of burmah shell in india are directed to be vested shall, as soon as may be after the date of vesting, constitute, in respect of the moneys and other assets which are transferred to and vested in it under this section, one or more trusts having objects as similar to the objects of the existing trusts as in the circumstances may be practicable, so, however, that the rights and interests of the beneficiaries of the trust referred to in sub-section ..... service on attaining the age of superannuation on september 1, 1977 and charges were served on him on october 16, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(6)ALD1(SC); [2003]117CompCas19(SC); (2003)4CompLJ185(SC); 2003(6)SCALE191; (2004)9SCC204; [2003]46SCL695(SC)
..... to inter alia consider and if thought fit to pass as a special resolution the following:'resolved that the consent of the company be and is hereby accorded in order to satisfy the requirements of section 192(c) and other applicable provisions, if any, of the companies act 1956, to ratify the following resolutions adopted by the board of directors of the company at its meeting dated 23.7.1986.1 ..... 74 were fulfilled, it may be recalled that at the board meeting held on 23rd july 1986 (ex.p.62(k)) in connection with madhusoodhanan's functioning as a managing director, only a limited resolution was taken, namely, that madhavi 'shall assume the executive powers of the managing director with immediate effect for effective running of the organisation'. the resolution that an extraordinary general body meeting be convened at a date suitable for ..... p.36) in which he complained that he had not been receiving his personal mail or letters addressed to him as managing director since 4th august 1986 and that the usual method of handing over such mail to his personal assistant was not been followed to contend that the notice dated 25th july 1986 ..... extraordinary general body meeting be convened at a date suitable for the chairman to discuss and take decision on matters arising out of the above decisions and that the chairman be and is ..... kerala kaumudi (p) ltd undertakes to discharge the liabilities ..... section 10 of the specific relief act, 1963, which corresponds to section 12 of the specific relief act, .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR612
..... the court further observed that the counsel wanted this court to abolish the employment of contract labour by the state and by all public sector undertakings which was not possible since that would be nothing but the exercise of legislative activity with which function the court is not entrusted by the constitution. ..... the comments of the concerned ministry can be contained by the appropriate government but those have to be placed before the central board and the appropriate government cannot, while taking a decision under section 10 of the act, be influenced by any material other than the opinion of the central board. ..... the court further held that it was not possible in an application under article 32 to embark upon an enquiry whether the thousand and odd workmen working in various capacities and engaged in multifarious activities did work identical with work done by the workmen directly employed by the company ..... the management of ongc have also stated that for contract labour, they pay 25% of the wages over and above the minimum wage. ..... the central government issued notification under section 10(1) of the contract labour (regulation and abolition) act, 1970 (for brevity 'the act'), dated december 9, 1976, prohibiting employment of contract labour, with effects from march 1, 1977, in sweeping, cleaning, dusting and watching of buildings owned or occupied by establishments in respect of which the central government at that time was the appropriate government. .....
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