Court : Chennai
Decided on : Feb-12-1952
Reported in : AIR1952Mad659; (1952)ILLJ772Mad; (1952)2MLJ805
..... it may refer it to an industrial tribunal for adjudication. the legislation substitutes for free bargaining between the parties a binding award by an impartial tribunal.'later on they proceed to say: 'any dispute connected with employment or non-employment would ordinarily cover all matters that require settlement between workmen and employers, whether those matters concern the ..... , therefore, clear that the industrial disputes act substitutes for free bargaining between the parties a binding award by an impartial tribunal. the tribunal is not bound bycontractual terms between the parties butcould make a suitable ..... s power of reinstatement is discretionary in nature, to be exercised in thelight of all the circumstances of each case inthe manner best calculated to effectuate thepolicies of the act. in the exercise of thatdiscretionary power, the board considers theprobable effect of the restoration of the working relationship upon future relations betweenthe employer and the employees.'it is ..... . the arrested persons were produced before the presidency magistrate. the magistrate found all the 51 persons guilty under sections 71(16) and 75 of the city police act and sentenced them to one month's rigorous imprisonment under each count with the direction that the sentences should run concurrently. the magistrate held that they behaved in .....Tag this Judgment!
Court : Chennai
Decided on : Dec-11-1952
Reported in : AIR1954Mad119; (1953)IIMLJ372
..... a. 25, warning the defendants that they were trying to cancel the permits with a view to sell the stocks at higher rates locally and informing them that proceedings would be taken for any such action on the part of the defendants. there is also evidence, even on the defendants' own admission in ex. a. ..... a reasonable time. we entirely agree that in commercial contracts, where the contract becomes impossible of performance by reason of a state of war or by an act of the 'executive government, or the contract which would otherwise be expected to be ordinarily performed, is delayed by reason of certain regulations imposed by the ..... frustration applies to a particular case, there could not be any breach of contract. the discharge of a contract by frustration is not the result of an act or volition of a party to it nor the carrying out of a condition, express or implied, in a contract, but the presence of already existent ..... now, as i have already said, the particular contract which we have to consider is one which was to be performed within a reasonable time. has the act of state in fact rendered the contract impossible of performance within a reasonable time? it plainly has not; it expired on august 20, before the time had ..... are entitled to the contract rate of rs. 20 per cwt. and the value of 65 bags would be rs. 1960/-: the plaintiffs are entitled to a refund of rs. 10000 deducting rs. 1960, that is rs. 8040, and they are entitled to interest on this amount from the date of plaint at six .....Tag this Judgment!