Court : Mumbai
Decided on : Apr-29-1992
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... known as the state of andhra. part v of the state reorganisation act, 1956 (xxxvii of 1956), did it for certain new and reorganised states and part iv of the bombay reorganisation act, 1960 (xi of 1950) constituted and established a new high court for the state of gujarat created by the said act. all these acts were ordinary laws.'as stated hereinabove, this passage finds place in' para 68 ..... the three lists could not have been intended to be in conflict with one another. a general power ought not to be so construed as to make a nullity of a particular power conferred by the same instrument and operating in the same field when by reading the former in a more restricted sense, effect can be given to the latter in its ..... the matter of investing the city civil court with extended jurisdiction. 15. this judgment was rendered by a 5judge bench of the supreme court. the full court held that the impugned act was a law with respect to ..... ultra vires the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i of seventh schedule, govt. of india act, 1935; and (2) whether section 4 of the act was void as it purported to delegate to the provincial government legislative authority in .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-09-1992
Reported in : 1993CriLJ901; ILR1993KAR45; 1993(1)KarLJ20
..... administration of public and charitable trusts in the erstwhile state of bombay (before reorganisation of states) the various provisions relating to the powers and functions of the assistant charity commissioner need scrutiny to decide the point at issue. chapter iv of the act relates to registration of public trusts after due inquiry. an ..... trust, (vii) the amount of gross average annual income and expenditure of such trust, and (viii) any other particulars as may be prescribed under sub-section (5) of s. 18. such inquiry shall be held with the aid of the assessors appointed in the manner provided in chapter ix. the deputy ..... in the sense in which the term is here employed, namely, to denote such tribunals exercise jurisdiction over persons by reason of the sanction of the law, and not merely by reason of voluntary submission to their jurisdiction. again, the question is whether the tribunal is a court, not whether it is ..... by its officers to apply, the remedy.' the supreme court in the case of jugal kishore v. sitamarhi central co-op. bank, : 1967crilj1380a referred to halsbury's laws of england (third edition - vol. 9) at page 342 in regard to the term 'court' which is as follows : 'originally the term 'court' meant ..... 1975 to 1986 nor the profit and loss account from 1985 to 1991 the petitioner had initiated actions against the trust in discharge of its lawful duties and even inquiry no. 546/1991 against the trust was disposed of by his judgment dated 28-3-92. when these actions were .....Tag this Judgment!
Court : Gujarat
Decided on : May-05-1992
Reported in : (1992)1GLR654
..... further legislation by parliament is in respect of the same matter as that of the state law. we must accordingly hold that section 2 of bombay act no. xxxvi of 1947 cannot prevail as against section 7 of the essential supplies (temporary powers) act no. xxiv of 1946 as amended by act no. lii of 1950.the aforesaid principle of implied repeal has been approved and applied in ..... reads as under: schedule ii enactments repealed (see section 76)_______________________________________________________________________________________year no. enactments extent of repeal(1) (2) (3) (4)_______________________________________________________________________________________1899 ii the indian stamp act, 1899, the whole except insofar as it in its application to the pre- relates to documents specified reorganisation state of in entry 91 of list i in the bombay excluding the seventh schedule to the transferred territories and ..... to constitution of india. the vidarbha and the kutch area of the state of bombay.1899 ii the indian stamp act, 1899 the whole except insofar as it as applied to the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-24-1992
Reported in : (1993)ILLJ954SC; 1992(3)SCALE276; (1993)1SCC217; Supp3SCR229
..... of making the undertakings viable, the appellants were given a free-hand to reorganise their affairs which impliedly included also the reorganisation of the labour as they thought fit and necessary.5. according to him, further, the provisions of section 3(3) to (7) of the act make the powers of the appellants in this connection clear. the said provisions read as follows:( ..... such modification, additions or omissions to the undertakings taken-over, as may be specified in the notification. one of the acts mentioned in the schedule is the industrial disputes act, 1947 [id act]. under section 6(2), the central government was also given the power to suspend the operation of all or of any of the rights, privileges, obligations, submissions, settlements or standing orders ..... the textile undertaking, immediately before the appointed day, shall be deemed to have vacated their offices as such on the appointed day.(5) notwithstanding anything contained n any other law for the lime being in force, no person in respect of whom any contract of management or other arrangement is terminated by reason of the provisions contained in sub ..... the appeals/cases are as follows:on 14th january, 1982, the workmen of all textiles mills in bombay went on strike. the strike was declared illegal on 8th february, 1982. on 18th october, 1983, the textile undertakings [taking-over of management] act, 1983 [the 'act'] came into operation.on 10th february, 1984, the management of the respondent-mills was taken-over by .....Tag this Judgment!
Court : Chennai
Decided on : Jan-13-1992
Reported in : AIR1992Mad309
..... respondent has not settled the claim, but has expressed his inability to make payment, due to the policy introduction of 'modavat' which resulted in reorganising the respondent's formalities and procedures in connection with the several governmentdepartments, vide letter dated 26-7-1986. according to the petitioner, the letter dated ..... that he suspended the payment and that he would settle at 0.10 p. per rupee for the time being has to be construed as an statement and an act of insolvency committed by the debtor towards all his creditors. hence, a petition filed by one creditor, in my opinion is sufficient ..... at 10 paise in a rupee for the time being. this categorical statement, in my opinion amounts to suspension of payment of debts. the section requires a notice of suspension of payment. the notice as stated above may be in any form either verbal or written. in the instant case ..... given by the respondentwere only for the sole purpose of helping the petitioner get over the problems posed by the petitioner's principal m/s. conductors, bombay. 9. the cheques were never intended to be encashed or made use of without the knowledge and consent of the respondent; 10. the respondent ..... are sufficient to adjudicate the respondent as insolvent. in the instant case, according to the petitioner, the respondent has suspended payment. insolvency law says that a debtor commits an act of insolvency if he gives notice to any of his creditors that he had suspended,or that he is about to suspend, payment .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-06-1992
Reported in : 1992CriLJ3898
..... m. jafarbhai for registration of the public trust, an important even took place in the country viz. there was reorganisation of states w.e.f. 1-11-1956 as a result of which the vidarbha region which was till then a ..... enquiry was incomplete and the proceedings remained pending under the m.p. act. as such the supreme court held that the application of one aziz and others under section 19 of the bombay act for registration of the trust alleged to be created under the deed ..... made clear that in these collateral proceedings of contempt of court, it is not necessary or desirable that we should firmly construe the said order of status quo dated 6-2-1991 particularly when the substantive appeal i.e. reg. c.a. ..... unless the contempt is wilful, deliberate and intentional, the contempt proceedings should not be initiated. keeping in mind the above law on contempt, it is necessary to examine the question whether the contempt in the instant case is wilful, deliberate and ..... preferred separate applications for temporary injunction in this court pending decision of their appeals against order viz. a.o. 76 of 89 and ao 77 of 1989. in the said applications, the appellants in both these appeals claimed temporary injunction pending their appeals ..... bombay was bifurcated w.e.f. 1-5-1960 into the state of maharashtra and the state of gujrat. however, in this vidarbha region the m.p. act continued to apply till it was repealed and was replaced by the bombay public trust act, 1950 (for short the bombay act .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-1992
Reported in : AIR1993SC237; 1992(2)SCALE635; (1993)1SCC236; Supp1SCR840
..... not contain any provision in respect of transport of black granite.13. from the case of k. ramanathan (supra) it will appear that in exercise of the power conferred under section 3 of the essential commodities act, 1955 read with government of india, ministry of agriculture (department of food) order dated june 9, 1978, with the prior concurrence of the government of india ..... trade in such articles or that even if it was a restriction it was reasonable within the meaning of articles 304(b) of the constitution and has been impose by law as required by article 304(b). sometimes it is being said that many artificial barriers on movement of produce of a particular state are being contemplated or imposed only on ..... and commerce or intercourse between one state and another, by following the procedures prescribed in the aforesaid articles.9. in the facts and circumstances of the present case, as no law has been made by the parliament imposing and restriction in respect of timber within the state of tamil nadu, we are not concerned with article 302 or 303; we are ..... the freedom of trade, commerce or intercourse between one state and another or within any part of the territory of india as may be required in the public interest' by law. however, the expression 'reasonable' did not precede the word 'restrictions'. same thing was provided so far state legislatures were concerned under article 304(b), vesting them with .....Tag this Judgment!
Court : Patna
Decided on : Mar-30-1992
..... .(vii) to enforce the provisions of this act, the rules and bye-laws; and(viii) to perform such other duties and exercise such other powers as are imposed or conferred upon it by or under this act, the rules or the bye-laws.'section 27 of the state act in its original form was as follows: ..... carrying on business in sugar.3. these cases arise out of the enforcement of the provisions of the bihar agricultural produce markets act, 1960 (hereinafter referred to as 'the state act') which is challenged in these proceedings. before we deal with the respective contentions raised in support of these petitions, it would ..... the changed conditions. it was then decided that the question of regulating markets should be taken up after the war. the states of andhra, bombay, madras, madhya pradesh, mysore and the punjab have already enacted such legislation and conditions of agricultural marketing in those states have improved appreciably by ..... some special points which were urged in some particular cases.38. in cwjc nos. 12227/87, 3863/88, 4623/88, 8705/88 and 5187/89 the petitioners are running some flour mills. their case is that they purchased wheat which was ground in the mills to produce atta, maida, suji ..... constitution is a living and organic thing, which of all instruments has the greatest claim to be construed broadly and liberally'.12. on the first point, that is, the legislative competency of the state act, i shall first consider some of the cases already decided by this court. in the case .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-05-1992
Reported in : 1992(3)BomCR322; (1992)94BOMLR562
..... a tax, the corporation is entitled to levy the same for granting permission for advertisements under the bombay municipal corporation act. on the basis of it being taxed still it is valid in law and the corporation has power to impose such fees.4. the distinction between a 'tax' and a 'fee' has been ..... a book-let styled as 'policy and procedure for advertisement permits'. it, inter alia , provides that advertisements in greater bombay are covered under sections 328 and 328a of the bombay municipal corporation act and provides for the procedure for applying and obtaining of permits. clause-5 deals with schedule of fees. it does not ..... substantially, that 100 paise in 1960 was already 11.67 paise in 1988. it was, therefore, necessary to increase that the fee at 50% from 1985-86. after careful consideration ..... services was rs. 298.90 crores; in 1985-86 it was 363.52 crores; in 1986-87 it was 409.19 crores; in 1988-89 it was 658.10 crores. the affidavit recites that the cost of living has been rapidly increasing. the value of the rupee has gone down ..... leviable under section 195e;(cb) the street tax leviable under section 195g.(d) betterment charges leviable under chapter xii-a.(2) any reference in this act or in any instrument to a water tax or a halakhor tax shall after the commencement of the bombay municipal corporation (amendment) ordinance, 1973, be construed as a reference .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-20-1992
Reported in : AIR1992SC1277; JT1992(2)SC144; 1992LabIC1371; 1992(1)SCALE454; 1992Supp(2)SCC351; 1SCR917
..... a single person's legislation, it was held that there was nothing illegal about it. in relation to applicability of section 3(1) of the amending act to the petitioner, the high court construed that section 3(1) -will apply only to an appointment where a person has a right to continue after the attainment ..... of the law malafide. this kind of 'transferred malice' is unknown in the field of legislation.58. it is in this background, therefore, we propose to determine the above points.1. the power of appointment under section 5 and scope of sections 8 and 10 of the electricity (supply) act, 1948.59. the electricity (supply) act, 1948 ..... also does not seem to be correct as seen from the atlas cycle industries ltd., sonepat v. their workmen  3 s.c.r. 89, it is held thus :-lastly, it is contended that the transfer of the proceedings pending before the old tribunal to the new tribunal under the notification ..... or things. where the court finds that the classification satisfies the tests, the court will uphold the validity of the law, as it did in chiranjilal chowdhari v. the union of india, the stale of bombay v. f.n. balsara , kedar nath bajoria v. the stale of west bengal, v.m. syed mohammad ..... ). sub-section(6) talks of disqualification - (1) member being appointed and (2) or being a member of the board if he is a member of parliament or of any state legislature or any local authority.61. prior to the amendment in 1960, this disqualification must have been incurred within the 12 months .....Tag this Judgment!