Court : Gujarat
Decided on : Dec-13-1996
Reported in : (1997)2GLR1530
..... the service conditions of the allocated employees cannot be changed to their disadvantage without prior approval of the central government under the provisions of section 115 of the state reorganisation act, 1956 and section 81 of the bombay reorganisation act, 1960. that decision has been accepted and circular has been issued by the respondents to give effect thereof. though option was also open to ..... to revise the rules or to take appropriate action to get the approval of the rules framed by the central government as required under section 115 of the state reorganisation act, 1956 or section 81 of the bombay reorganisation act, 1960, and as such denial of the claim of petitioners for promotion is illegal, arbitrary and discriminatory.6. reply to this special civil application ..... the services of the petitioners were allocated to the state of gujarat. the petitioners have come up with the case that even under the provision of section 81(1) of the bombay reorganisation act, 1960, their service conditions were protected though change therein could have been there only with prior approval of the central government. in view of the amending provisions ..... year 1956, the then raj pramukh of the state of saurashtra framed rules known as saurashtra civil services (classification and recruitment) rules, 1956 in exercise of the powers conferred by proviso to article 309 of the constitution of india. the relevant provisions from those rules have been reproduced by the petitioners in para 2.3 of the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-26-1996
Reported in : 1996(3)BomCR658
..... the impugned legislative measure much earlier if the situation was so grave, will have to be repelled. section 51(3) of the state reorganisation act gave power to the chief justice of the high court of bombay to direct, with the prior approval of the governor of maharashtra, that the judges and the division ..... of this order, that is to say, obligation of the state to hold elections for the elected posts in the bombay agricultural produce market committee. the ordinance and the law has sought to change the basis on which this court had given certain orders, it cannot be said that it was ..... making a law which simply declares the earlier decisions as invalid and not binding for such powers if exercised, would not be legislative power exercised by it, but judicial power exercised by it encroaching upon the judicial power of the state vested in a judicial tribunal and held section 11(2) of the said act as unconstitutional ..... , the supreme court observed that the legislature can change the basis on which the decision is given by the court and thus change the law in general which will affect class of persons and events at large though it cannot set aside an individual decision inter prates and affect their ..... an enquiry made by the working committee of the indian national congress, which found the settlement of these lands contrary to the provisions of law and public policy and recommended that steps should be taken by the state of bihar for restoring the lands to the bettiah estate. the enquiry .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-17-1996
Reported in : AIR1996AP309; 1996(2)ALT893; (1997)ILLJ255AP
..... faced with an objection that an order of reference to a full bench made by the travancore cochin high court before the states reorganisation act after transfer of the case to madras high court as a result of the reorganisation was required to be heard by a full bench. a learned single judge of the court, after taking notice of the various authorities ..... aforequoted as also the rules framed by the high court as provided under section 108*(1) of the said 1915 act until such time when the appropriate legislature by virtue of powers conferred by the constitution made any law on the subject.5. clause 15 of the letters patent of the bombay high court, which the pari materia, fell for consideration in national sewing thread ..... should be read as a reference to the corresponding provisions of the 1935 act and the constitution. the canon of construction of statutes enunciated in section 38, interpretation act and reiterated with some modifications in section 8, general clauses act is one of general application where statutes or acts have so construed and there is no reasonable ground for holding that rule of construction should not be .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-20-1996
Reported in : 1996IXAD(SC)415; AIR1997SC1599; 1997(1)BLJR569; JT1996(10)SC584; 1996(8)SCALE472; (1997)1SCC177; Supp8SCR886
..... as this provision might lead to a conflict with other laws, it was expressly provided by section 12 that the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law. in the schedule annexed to the act, names and addresses of the mines, management of which ..... ) where the amount specified in the fifty column of the schedule is relateable to a group of coal mines, the commissioner shall have power to apportion such amount among the owners of such group, and in making such apportionment, the commissioner shall have regard to the highest ..... co-ordinated and scientific development and utilisation of coal resources. the object of the act was to subserve the common good and for matters connected therewith or incidental thereto. the act should not be construed in a way to frustrate the working of the coal mines altogether and thereby stop ..... act was retained in section 2(h) of the nationalisation act with some modification.16. the object of the nationalisation act was stated to be-an act to provide for the acquisition and transfer of the right, title and interest of the owner in respect of the coal mines specified in the schedule with a view to reorganising ..... purpose is specified or general.30. the judgment of the bombay high court in telco limited v. bharat mining corporation ltd. and ors. : air1980bom168 , has taken a very narrow view of section 3(1) of the coal mine (nationalisation) act in holding that it is only the right, title and .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-06-1996
Reported in : 1996(5)BomCR527
..... september, 1961.5. in november, 1950 the municipal corporation of pune had promulgated provident fund regulations as required by section 465(3)(a) of bombay provincial municipal corporations act, (for short 'the act') 1949. by virtue of regulation no. 2(a) thereof those regulations were made applicable to the officers and servants ..... servants of former state of madras whose last place of service fall within tamil nadu after states reorganisation but depriving to those whose last place of service fell in kerla after reorganisation is discriminatory and violative of article 14.4. we proceed to examine the facts of the case ..... the employees of the transport undertakings were not eligible for the said scheme. the said scheme was replaced by the revised pension regulations of 1960 and the same were made applicable to all the corporation employees except the employees working in the transport undertaking. finally in the year ..... of t.s. thiruvengadam v. secretary to government of india and others 1992(2) s.c.c. 174, the apex court reiterated the law laid down in nakara's case, (supra). it was held that the action of the government in extending the benefit of memoranda only to ..... that a similar pension scheme was made applicable to all the municipal employees except the employees working in the transport undertaking with effect from 1960. in our opinion the authorities were not justified in according differential treatment to the petitioners who were working in the transport department. it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-06-1996
Reported in : (1998)8SCC506
order1. this is an appeal by special leave. it impugns the judgment and order of a division bench of the bombay high court.2. the only argument before us relates to the correct interpretation of section 18-b of the bombay sales tax act, 1953. the provision deals with the rule for granting drawback, set-off, refund, etc. it provides for the same 'after deducting therefrom one per cent of the sale price of any goods, manufactured or processed, where the sale of the goods takes place outside the pre-reorganisation state of bombay, excluding the transferred territories'.3. the high court accepted the contention of the revenue that the deduction of 1 per cent of the sale price of any goods meant the sale price of the finished products. it is contended on behalf of the appellant that this was erroneous and the deduction should be of 1 per cent of the proportionate part of the sale price of the finished products, having regard to the tax-paid raw material utilised therein.4. we find it difficult to accept the contention. plainly, the deduction is of 1 per cent of the sale price of the finished product. this is clear from the use of the words 'goods, manufactured or processed'. it is also clear from the fact that 'sale of the goods' is contemplated; the 'sale of the goods' would, necessarily, be of the finished goods.5. in the result, the appeal is dismissed. there shall be no order as to costs.Tag this Judgment!
Court : Gujarat
Decided on : Aug-09-1996
Reported in : (1997)1GLR684
..... of the controversy that three colleges concerned were established before the reorganisation of the state of punjab and were affiliated to punjabi university; on establishing punjabi university under the punjabi university act 1961, a notification was issued by government of punjab extending the area of jurisdiction of power of university effecting the consequence that college associated with punjab ..... medium of instruction and whether they are under compulsion to seek affiliation so as to abide by the university regulations.reaffiring the principle laid down in state of bombay v. bombay education society : 1scr568 , the court held that minority institutions have right to choose which language to be medium of instructions in educational institution administered by ..... hostile discrimination cannot be sustained against the respondents.5. articles 29 and 30 of the constitution read as under:29. protection of interests of minorities: (1) any section of the citizens residing in the territory of india or any part thereof having a distinct language, script or culture of its own shall have the right to conserve ..... institutions: (1) all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.(1a) in making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the state shall ensure that .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-09-1996
Reported in : 98CompCas496(Cal)
..... obtain the required consent and approval of the reserve bank of india and other appropriate authorities concerned, for the issue and allotment of the equity share's in the said reorganised share capital of the transferee-company. (k) the transferee-company shall before allotment of the equity shares increase its authorised share capital by the creation of at least such number ..... of the transferee-company as provided in the scheme. (iv) the sanction of the high court of judicature at calcutta under sections 391 and 394 of the said act, in favour of the transferor-company and the sanction of the high court of judicature at bombay under the said provisions in favour of the transferee-company and the necessary order or orders under ..... .47. it has been submitted by mr. mukherjee that under the proposed scheme the said shares will become the property of hindustan lever ltd. which would be in violation of law since no company can hold its own shares. the company secretary of the petitioner, however, affirmed an affidavit on april 13, 1996, being the affidavit-in-reply filed on behalf ..... finds that the scheme is fraudulent or unreasonable, the court would prdceed to sanction the scheme. the power to amalgamate is a statutory power and this power may be exercised notwithstanding the fact that the memorandum of association of a particular company may not contain express power to amalgamate with another company.'53. it was further held that 'if the ratio of exchange has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-03-1996
Reported in : AIR1996SC2797; JT1996(7)SC630; (1997)IILLJ720SC; 1996(6)SCALE303; (1996)5SCC542; Supp5SCR458
..... such strength of employees as it deems fit. it was urged that this provision prescribes a procedure different from the provision for retrenchment under the bombay industrial relations act which is the general law ..... .8. in the first place, this argument is really based on article 14 on the ground of difference in the procedure from that prescribed in the bombay industrial relations act, the general law which is not available because of article 31c. secondly, it overlooks the effect of the legislation which is to save as many employees as possible from ..... therewith or incidental thereto.whereas, the central india spinning, weaving and manufacturing company limited, being an existing company as defined a clause (ii) of sub-section (1) of section 3 of the companies act, 1956, had been engaged in the manufacture and production of yarn, cloth and paper through its undertaking which was composite textile mill and paper manufacturing unit ..... of workmen have been rendered unemployed because every employee has not been continued in service. he submitted that this has resulted from the powers given unilaterally to the new management by section 9(2) to reorganise the functioning of the different units and offices of the undertaking and the employees employed therein and thereby restructure such units and offices with .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-04-1996
Reported in : 1997ACJ173; AIR1997MP5; 1996(0)MPLJ668
..... nagpur was established under the letters patent issued by king george. the fifth on 2-1-1936 under section 108 of the government of india act, 1915 andby the legal fiction the jurisdiction extended under article 225 of the constitution of india. after the states reorganisation act, 1956 was applied, the present madhya pradesh was formed by including the old stales of madhya pradesh ..... order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in the exercise of the powers of superintendence under the provisions of section one hundred and seven of the government of india act, or in the exercise of criminal jurisdiction of one judge of the said high court, or one judge of any division court ..... . in the celebrated case of umaji keshao meshram v. radhika bai, air 1986sc 1272, after a long discussion on the power of superintendence conferred upon every high court by article 227, vesting supervisory jurisdiction, with reference to clause 15 of letters patent (bombay), which was similar to clause 10 of letters patent (nagpur), their lordships of supreme court held that 'under clause ..... patent appeal. in this regard, reference may be had to section 4 of the code of civil procedure (for short the 'code'), which provides that the code would not effect, any special jurisdiction or power if conferred or if any special form of procedure is prescribed, by or under any other law for the time being in force.8. since the special jurisdiction .....Tag this Judgment!