Court : Supreme Court of India
Decided on : Mar-11-1994
Reported in : 1994SCC(3)569; JT1994(2)423
..... giving a comparative chart of the provisions of tada and of the northern ireland emergency provision act of 1978 wherein there are various provisions akin to some of the provisions of tada including the mode of trial of scheduled offences specified thereunder in a more stringent manner and the onus of proof in relation to offences corresponding to the provisions of tada acts and relating ..... and 21 frown against arbitrary and oppressive procedure.399. the procedure envisaged in article 21 means the manner and method of discovering the truth. section 36 of the code also empowers131 (1983) 2 scc 96: 1983 scc (cri) 353: air 1983 sc 378 79 (1978) 2 scc 424: 1978 scc (cri) 236: (1978) 3 scr 608 731" superior police officer" or an officer-in ..... . according to him, it was in order to meet the deteriorating situation, the state legislature besides deleting section 438 of the code was compelled to promulgate the u.p. dacoit areas act, 1983 and other like enactments.333. the competence of the state legislature to amend central act has been recognised in u.p. electric supply co. ltd. v. r.k. shukla11o. the legislature ..... constitution.(2) even though no opinion has been expressed by brother pandian, j., on section 5 1 am of the opinion that the provisions of this section can be invoked only when the prosecution is able to establish that there was119 (1968) 3 scr 692: air 1968 sc 1481121 (1983) 4 scc 566117 (1994) 2 scc 664159 (1964) 1 scr 332: air 1963 .....Tag this Judgment!
Court : Orissa
Decided on : Apr-22-1994
Reported in : 78(1994)CLT665; 1994(II)OLR79
..... under circumstances later on explained in the judgment, and thereafter from 1-3-1989 which has also since been equalised. since they have been always holding corresponding posts, higher scale of pay being given to the private secretaries in the secretariat rendered the provision in the schedule relating to the private secretaries of ..... acknowledged in the memorandum of 3-6-1991 in these words :'the functions and duties attached to the posts of private secretaries of the court are comparable in functions with that of the private secretaries of the secretariat who are in the scale of pay rs. 2200-3500/- with gazetted class-ii ..... date merely picked up at random is a stranger to the concept of equal protection of law. the principle was pointed out by the supreme court in air 1983 sc 130 (d.o. sakara and ors. v. union of india) in paragraph 63.10. the decision in ojc no. 4162 of 1989 and ..... the same counter affidavit in paragraph 6 it has been stated that the pay scale of the private secretaries in the secretariat was revised in the year 1983, to rs. 730-1050/- as per the orissa revised scales of pay rules, 1981 and again it was revised to rs. 1600-2500/- from ..... acting chief justice recommended to the government for equalisation of the scale of pay of the private secretaries of the judges of the court with that of the private secretaries of the state secretariat. in the letter the facts stressed were that the staff of the court have always bean treated at par with that of the corresponding .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-02-1994
Reported in : (1995)110PLR659
..... apply a deduction of l/3rd and the sale price thus comes to rs. 34066/- for chahi land which can be rounded off to rs. 34100/- per acre. correspondingly, the compensation of the acquired barani/bhanjar kadim land is also enhanced from rs. 15,000/- to rs. 17050/- per acre.5. for the reasons recorded above, ..... dakar rs. 15,000/- per acre.3. banjar kadim rs. 10,000/-per acre.the landowners aggrieved against the award of the collector sought references under section 18 of the act. the district judge by his award under challenge before this court has determined the market value of the acquired chahi land at the rate of rs. 32 ..... and p.6 is situated in village jhamala. consequently, exhibits a.5 and a.6 are quite relevant and comparable vis-a-vis the acquired land. the average sale price of all the three sale deeds, the chart of which has been reproduced above, when clubbed together comes to rs. 51100/- per acre. in view of ..... one kilometer from the acquired land. the same reasoning would not apply to sale deeds exhs. a.5 and a.6 as they were registered on 15.6.1983 i.e. within less than one year after the date of issuance of notification in the present cases. moreover, as has been stated by pw.3 darshan ..... the acquired land. he has further argued that this court and the hon'ble supreme court in several judicial pronouncements including tara singh (deceased) v. state of punjab, (1983) 85 p.l.r. 286 and state of u.p. v. major jitendra kumar, a.i.r. 1982 s.c. 876 have laid down that sale instances .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-15-1994
Reported in : (1994)LC244Tri(Delhi)
..... varying thickness of callots, which in its turn, is due to corresponding varying thickness in the surface of the rough rolled flat-forms, both (a) in respect of each flat-forms and (b) in respect of one flat-form as compared to another. (g) out of the rough rolled flat-forms produced ..... our view, zinc flat forms produced by battery manufacturers for punching of callots therefrom are usually in odd shapes and sizes with greater average thickness compared to zinc sheets. such zinc flat is not a commodity bought and sold in the market but is an in-process material which arises at ..... described to include all materials, commodities and articles. it was, therefore, held that the term goods would attract the provisions of section 3 of the central excises and salt act, 1944 which levies excise duty on manufacture and production of goods and not their sale. it was also held that the particular ..... the circumstances it cannot be disputed that they undergo a process which is carried out for the manufacture of an excisable product. section 3 of the central excises and salt act, 1944, prescribed that there shall be levied and collected in such manner as may be prescribed duties of excise of all ..... extrusion process. the required chemicals are filled in the cans and after sealing and cladding, the cans take the shape of finished dry cell batteries. a chart showing the above process is annexed to this affidavit as annexure i. 7 (a) that the process of manufacture including (a) compression of the imported .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-14-1994
Reported in : 84CompCas230(Guj)
..... facts having a bearing on the matter and may prove to be fatal so as to justify the court to refuse sanction/approval to the scheme. section 394 (which is corresponding to section 208 of the english act), inter alia, provides that the scheme of amalgamation or compromise or arrangement or order of the court sanctioning such compromise or amalgamation my provide for all ..... by the exercise of judicious discretion and judgment taking into account the relevant factors. several factors, such as quality and integrity of the management, present and prospective competition, yield of comparable securities and market sentiments, etc., which are not evident from the face of the balance-sheet, but which will strongly influence the worth of a share are taken into account ..... companies, submits miheer. miheer has further referred to the report of c. c. chokshi and company, wherein it is observed as under : 'over the years both mf and mil have charted a similar course as far as their textile and chemical businesses were concerned. as a result there are several synergies in the business of the two companies. in fact, even ..... found that they were in substantial compliance with the statutory provisions. the court also pointed out the distinction between the explanatory statement under section 173 and section 393 of the companies act. 229. in suri and nayar ltd., in re  54 comp cas 868 the learned single judge of the karnataka high court examined the question of the court's power to investigate .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-1994
Reported in : (1995)1CALLT297(HC),99CWN218
..... ). the writ petitioners have taken us through the aforesaid provisions of the 1973 act and the rules made thereunder as also through the corresponding sections and rules under the 1957 act and the rules made thereunder making a comparative study thereof and have contended that the aforesaid provisions under the 1973 act and the rules made thereunder have brought about major changes in the service conditions ..... view of the decision of the supreme court in the case of state of gujarat and anr. v. ramanlal & keshablal soni and ors. reported in : 1scr144 and reported in : (1983)illj284sc respectively.50. after carefully considering the aforesaid decisions of the supreme court we are also unable to accept the contention of the writ petitioners that because of the aforesaid ..... learned single judge, the writ petitioners preferred a special leave petition being s.l.p. (civil) no. 8193(w) of 1983 on may 27, 1983. on march 11, 1985, the aforesaid special leave petition was dismissed by the supreme court, with the observation that it would be open to the writ petitioners to prefer ..... sue in representative capacity and thereafter a number of persons holding post of secretaries of different gram panchayats were added.3. the writ petition was originally moved on march 23, 1983 before a learned single judge of this court when the said writ petition was dismissed by the learned single judge in limini. against the aforesaid order of dismissal by the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-28-1994
Reported in : 1994(0)MPLJ977
..... such omission as if the said sections had been repealed by a central act.'sub-section (1) of section 30 and section 31 clearly ..... penal code shall be omitted, and section 6 of the general clauses act, 1897 (10 of 1897), shall apply to ..... been done or taken under or in pursuance of the acts so repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under or in pursuance of the corresponding provision of this act.''section 31. omission of certain sections of act 45 of 1860. - sections 161 to 165-a (both inclusive) of the indian ..... of the said law. under the circumstances, what has been affected is the substantive law creating offences in relation to conduct of public servants and hence a comparative study of the repealed act and the new act is of fundamental importance in the matter.9. in this view of the matter, the law, as at the present may be summarised, as under : -(i .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-13-1994
Reported in : (1997)3GLR2171; (1998)IIILLJ219Guj
..... said dams, rivers, lakes, etc. if without channels, dams and river water loses its comparative significance, similarly in the absence of sufficient number of courts and judges delivering speedy justice, ..... speedy justice' under the workmen's compensation act, 1923 and/or under any other labour laws and for that purpose even further indeed what are the corresponding duties, firstly, enjoined upon the workmen ..... in taking all possible care for justice to the poor, down-trodden and other weaker sections of the society. but if we look at the actual implementation, practical day to ..... . of casestotal(a)(b)(c)(d)ahmedabad1974119761197711979119801198161982441983161984371985331986611987701988108198910419901031991144199224819932741994631286anand1992621993106199411179nadiad1989319901319917199221199310319945152.)1988'011989011990081991141992201993114199414169vadodara198919199066. the above chart of 5,330 pending workmen cases from 12 districts only, is quite alarming and sadly .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-11-1994
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; 2SCR644
..... secrecy of the deliberations between the president and his council of ministers. in fact, clause (2) is a reproduction of sub-section (4) of section 10 of the government of india act, 1935. (the government of india act did not contain a provision corresponding to article 74(1) as it stood before or after the amendments aforementioned). the scope of clause (2) should not be ..... not be carried on in accordance therewith. so also reference to the british joint parliamentary report is inapposite for the simple reason that the situation under the constitution is not comparable with that which formed the basis for the report. the power conferred on the president of india under article 356 has to be exercised in a wholly different political set ..... pre-suppositions'. he described it, in its philosophical aspect, 'as a revolt against theological and eventually against metaphysical absolutes and universals'. he pointed out that 'the same trend may be charted out in the attitudes towards social and political institutions', so that men in general broke away from their dependence upon the church which was regarded as the guardian of an ..... in matters of religion. laws can be made regulating the secular affairs of temples, mosques and other places of worship; and maths. (see s.p. mittal v. union of india : 1scr729 .) the power of the parliament to reform and rationalise the personal laws is unquestioned. the command of article 44 is yet to be realised. the correct perspective appeared to .....Tag this Judgment!
Court : Delhi
Decided on : Aug-05-1994
Reported in : 1994IIIAD(Delhi)1035; 1994(30)DRJ596
..... even unauthorised occupant can be ejected only in the manner provided by law in m.c.chockalingam v. v. manickavasagam : 2scr143 a case under section 6 of the specific relief act, 1963, their lordship have observed : 'section 6 frowns upon forcible dispossession without recourse to law but does not at the same time declare that the possession of the evicted person is ..... years running up to the year of the institution of the suit. in all these revenue records, the defendants are shown as owners in possession. copies of electricity bills and correspondence with desu have been filed showing the electricity connection in the said property standing in the name of the defendants. copies of agreement between the defendant and the govt through ..... prima facie this court finds no reason to suspect the genuineness of the receipts.. the receipts purportedly bear the thumb marks of the plaintiff on revenue stamps.(11) thus, a comparative reading and appreciation of the documents filed by the parties leads to an inference that the defendants are the owners and also in possession of the suit property while the .....Tag this Judgment!