Court : Mumbai
Reported in : [1990(60)FLR232]; (1992)ILLJ112Bom
..... also in view of the opinion expressed by me earlier that the complaint itself does not come within the ambit of item no. 5 of schedule iv of the act of 1971. i dismiss this petition and confirm the finding given by the industrial court with no order as to costs. rule discharged.6. ..... first principle that on the facts contained in the complaint and the petition, the complaint does not come within the ambit of item 5 of schedule iv of the act of 1971.5. shri deshmukh, learned counsel appearing on behalf of respondent no. 3, has contended that this complaint should be technically thrown out ..... that this complaint does not come within the ambit of item 5 of schedule iv of the act of 1971. a bare look at schedule iv of the said act of 1971 shows that the general unfair labour practices referred to in the said schedule are acts or the practices on the part of the employers. in the present ..... company and the recognised union. under these circumstances by no stretch of imagination it can be said that this is an act of respondent no. 1 company as contemplated under schedule iv. to this it was contended by shri gadkari that since the member of the petitioner union are in the employment of ..... confined his argument to the breach committed by respondent no. 1 in respect of item no. 5 of schedule iv of the act and abandoned his allegations in respect of item no. 10 of the said schedule. shri gadkari, learned counsel for the petitioner union contended that the recognise union respondent no. 3 entered .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 2005ACJ533,[2005(104)FLR741]
..... wage of the deceased workman. the commissioner has held that the deceased workman was drawing monthly wage of rs. 300 and he has, in terms of section 4 (1) (a) read with schedule iv of the act, multiplied the aforesaid monthly wage of rs. 300 in its entirety with the relevant factor of 221.37 treating the age of the workman as 22 years ..... points out that there is an error apparent on the face of the award which is patently contrary to, and in violation of, the explicit provision of law. this error, therefore, requires rectification. the relevant factor of 221.37 had to be multiplied with rs. 120, being 40 per cent of the monthly wage of rs. 300 and ..... . the liability to pay interest on the awarded amount has to be reckoned in accordance with law as it stands on the date the award is passed. since the award in this case was passed on 10.11.1999, section 4-a (3) (a) of the act at that point of time had prescribed 12 per cent per annum interest on the awarded ..... learned counsel appearing for appellant submits that the commissioner awarded 6 per cent interest on the compensation amount because the law as it stood on the date of the accident prescribed only 6 per cent interest rate. mr. sharma submitted that section 4-a (3) (a) was amended in the year 1995 whereby the interest rate was enhanced from 6 per cent .....Tag this Judgment!
Court : Chennai
Reported in : (2002)1MLJ774
..... (validation) ordinance, 1992 on 15.2.1992, which was replaced by act 16 of 1992, thereby validating the provisions of the laws specified in the schedule to the act, as if those provisions were enacted by the parliament and shall be deemed to have remained in force upto 4.4.1991 and when this act was challenged before the honorable supreme court, the honorable apex court, in ..... its judgment delivered in p. kannadasan vs . state of tamil nadu reported in : , while upholding the said act, also ..... to be invalid or the right to levy and realize the same which became due upto 4.4.1991 on which date the supreme court declared the laws to be invalid' and the apex court held:'section 2(1) of the validation act having used the expression 'upto 4.4.1991', it unequivocally indicates that what is validated is the process of levy and collection made ..... upto that date and no further. this being the position and the validation act not having provided any provision, permitting .....Tag this Judgment!
Court : Jharkhand
Reported in : [2003(4)JCR634(Jhr)]
..... registrar of companies, in case of a company to show that the company is not under liquidation, solvency certificate of rupees thirty five lakhs issued by nationalised/schedule bank;(vii) project report showing infrastructure of machines, their capacities, source of supply of machines, price etc. indicating cost of the project; and(viii) ..... , ranchi has jurisdiction to grant exclusive/special privilege for bottling/sacheting and whole sale supply of country liquor under section 22-d of the bihar excise act, 1915 or not.4. the petitioner, nand kishore jaiswal of wp (c) no. 2251 of 2002 has challenged the n.i.t. dated 12th january, 2002 on ..... also brought on record that the petitioner - kali impex pvt. ltd. of wp (c) no. 2442 of 2002 is a company registered under the companies act in west bengal. it was required to submit proof of its distillery in west bengal as per condition 1 (gha) of n.i.t., but it ..... of revenue to grant such exclusive/special privilege for 'whole sale supply of country liquor after bottling/sacheting' under section 22-d of the bihar excise act, 1915.from sub-section (2) to section 22-d, it will be evident that any privilege under sub-section (1) to section 22-d can ..... to grant exclusive/special privilege under section 22-d or not, one should notice the provisions of section 22 and 22-d of the bihar excise act, 1915, which reads as follows :'(22). grant of exclusive privilege of manufacture and sale of country liquor or intoxicating drugs or denatured spirit or any .....Tag this Judgment!
Court : Mumbai Nagpur
..... interest (enforcement) rules, 2002, are looked into and as present auction is under second schedule and drt act, provisions of sections 25 to 28 which prescribe various modes of recovery are sufficient to distinguish the law as laid down therein. he concludes by pointing out that respondent no. 3 is in ..... hence, (3) obliges applicants to demonstrate a substantial injury ? in the case falling under (1) and (2). most peculiar ingredient is condition no. (4) which gets attached in this matter, as the debtors here are defaulters i.e. the petitioners before us. in addition to showing compliance with the above ..... . these developments are therefore, before coming into force of the 1993 act, which adopted said second schedule for recovery. perusal of rule 68b shows that immovable property cannot be sold under part-iii of schedule ii, after expiry of 4 years from the end of financial year in which the order giving ..... and anr.) and judgment in the case of karnataka state industrial investment and development corporation ltd. vs. cavalet india ltd. and ors., reported at (2005) 4 scc 456; pravingada and anr. vs. central bank of india and ors., reported at (2012) 10 scc 271; pravingada and anr. vs. central bank of ..... 2 borrowed sum of rs.15 lakh from respondent no. 1 and mortgaged the property as described in para 2 of writ petition i.e. survey no. 7/4 located at mouza kastakhed, tahsil - balapur, district akola, which holds a hotel building of hotel paras garden, in favour of respondent no. 1 .....Tag this Judgment!
Court : Kolkata
Reported in : 127STC23(Cal)
..... bearing no. 946-ft, in terms whereof a new serial bearing no. 70a was inserted in the schedule iv of part a of the said act stipulating :'70a, sugar, other than sugar manufactured or made in india as specified against serial no. 79 of the schedule i would be charged to tax'.a retrospective effect and retroactive operation was given to the said entry ..... as under : (1) whether the provisions of section 2(24)(xxi) of the karnataka taxation laws (amendment) act, 1994 inserting entry 38-a in the fifth schedule of the act giving exemption to the indigenous raw silk and silk yarn imported from outside the country at the rate of 4 per cent is discriminatory and violative of article 14 of the constitution of india.article ..... scheme with regard to payment of sales tax by way of additional duty. allegedly in terms of the provisions of the west bengal sales tax act, 1941, west bengal sales tax act, 1954 and west bengal sales tax act, 1994, no rate of tax was fixed for payment of sales tax on imported sugar. on or about 27th october, 1997 a circular was issued ..... of declared goods could be levied under the provisions of section 5 of the bengal finance (sales tax) act, 1941 as during this period the restrictions and conditions specified in section 15 of the central sales tax act, 1956 were not incorporated in the bengal act.67. an argument was advanced that under the bengal sales tax rules, rule 3, item 28a, the state .....Tag this Judgment!
Court : Guwahati
..... like those mentioned in rule 66(2), (3) and chapter vii-a of the ndps rules, of course, by prescribing the dosage. reasons for schedules in the ndps act & schedules in the ndps rulesso far as the schedule to the ndps act is concerned, it will be seen that it contains parent list of psychotropic substances in keeping with international protocol. this concept needs to be further ..... has been registered, on the ground that possession of spasmo proxyvon capsule or transportation thereof can, at best, be an offence under the drugs and cosmetics act, 1940, but cannot be an offence under the ndps act. 4. i have heard mr. m. i. sharma, learned counsel for the petitioner, and mr. z. kamar, learned public prosecutor, assam. i have also heard mr. a ..... . it is an ingredient of cosalgesic and distalgesic. the merck index:propoxyphene (469-62-5) (a-s) - a[1r]-2-(dimethylamino)-1-methylethyl - a phenyl benzeneethanol propanoate (ester), a-d-4-dimethylamino-3-methyl-1, 2-dipheny 2 - 82. coupled with the above, the proviso to rule 65(1) clearly shows that the relaxation granted for the manufacturing of a psychotropic ..... psychotropic substances rules, 1985 (in short, the ndps rules), to contend that since schedule 1, which rule 53 and 64 refer to, does not contain propoxyphene, the prosecution of the accused is impermissible in law under section 22(c) or section 29 or any other penal provisions of the ndps act. 11. referring to the table of the notification, dated 19 . 10. 2001, published .....Tag this Judgment!
Court : Guwahati
..... like those mentioned in rule 66(2), (3) and chapter vii-a of the ndps rules, of course, by prescribing the dosage. reasons for schedules in the ndps act & schedules in the ndps rulesso far as the schedule to the ndps act is concerned, it will be seen that it contains parent list of psychotropic substances in keeping with international protocol. this concept needs to be further ..... has been registered, on the ground that possession of spasmo proxyvon capsule or transportation thereof can, at best, be an offence under the drugs and cosmetics act, 1940, but cannot be an offence under the ndps act. 4. i have heard mr. m. i. sharma, learned counsel for the petitioner, and mr. z. kamar, learned public prosecutor, assam. i have also heard mr. a ..... . it is an ingredient of cosalgesic and distalgesic. the merck index:propoxyphene (469-62-5) (a-s) - a[1r]-2-(dimethylamino)-1-methylethyl - a phenyl benzeneethanol propanoate (ester), a-d-4-dimethylam 82. coupled with the above, the proviso to rule 65(1) clearly shows that the relaxation granted for the manufacturing of a psychotropic substance is only in respect of ..... psychotropic substances rules, 1985 (in short, the ndps rules), to contend that since schedule 1, which rule 53 and 64 refer to, does not contain propoxyphene, the prosecution of the accused is impermissible in law under section 22(c) or section 29 or any other penal provisions of the ndps act. 11. referring to the table of the notification, dated 19 . 10. 2001, published .....Tag this Judgment!
Court : Patna
..... ) it extends to the whole of india.(3) it shall be deemed to have come into force on the 15th day of february, 1992.2. (1) the laws specified in the schedules to this act shall be, and shall be deemed always to have been, as valid as if the provisions contained therein relating to cesses or other taxes on minerals had been ..... . section 2(1) of the act provides that the laws specified in the schedule to the act shall be deemed always to have been as valid as if the ..... effect. the relevant provisions have been quoted earlier in this judgment. a careful perusal of the said provisions brings out the true legislative intent. the act commands us to assume that the laws specified in the schedule were always as valid as if the provisions contained therein relating to cesses or other taxes on minerals had been enacted by parliament. we must also ..... been earlier reproduced in this judgment. a perusal of the act would disclose that the act is a validation act inasmuch as it seeks to validate the imposition and collection of cesses and certain other taxes on minerals under certain state laws, which have been enumerated in the schedule. item no. 4 of the schedule is the cess act, 1880, which is applicable in the state of bihar .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(1)ALLMR800
..... 6, industrial court cannot avoid its obligation to grant relief in relation to such other unfair labour practices. in said judgment, it is also noted that bare perusal of schedule iv of mrtu act demonstrates that entries therein cannot be mutually exclusive. it is also observed that employees of mahindra & mahindra can independently point out violation of any of the provisions of standing ..... with termination of service of an employee even in a complaint other than one falling under item 1 of schedule iv of the 1971 act before the industrial court. if the said judgments are to be so read, then they would not be good law.' further in paragraph 53, hon division bench observed 'this doctrine of restitution also supports the case of the workmen ..... and hence, unfair labour practice under item 9 is also proved. the alternate stand of employer that it was at the most unfair labour practice under item 6 of schedule iv of mrtu act of which no cognizance could have been taken by industrial court in such individual complaint is therefore erroneous. merely because employer succeeded in denying benefit of standing orders to ..... that pending hearing and disposal of their complaints invoking, inter alia, item 6 of schedule iv of the 1971 act, their complaints could not have been scuttled by their unceremonious removal from .....Tag this Judgment!