Court : Gujarat
Decided on : Dec-05-1997
Reported in : (1998)2GLR314
..... breach makes the order void and inoperative from the inception; or the order remains in operation subject to determination of its validity in appropriate proceedings under section 33-a or section 10 of i.d. act. the conflict received attention of the apex court in jaipur zilla sahakari bhoomi vikas bank limited v. ramgoel sharma & ..... the tribunal and if, on the merits, it is found to be justified, it would be sustained as valid despite contravention of section 33, but if, on the other hand, instead of proceeding under section 33-a he makes an application under section 33-c(2), it would be enough for him ..... two parties in respect of matter not covered by the said main dispute. the court therefore rejected the contention that a proceeding which validly commences by way of an application made by the employer under section 33(2)(b) should automatically come to an end ..... the question about the interpretation of section 33(2)(b) came up before the court were that the appellant had dismissed the respondent on february 1, 1960 for alleged wilful insubordination. as, two disputes were pending between the appellant and its workmen, one before the industrial tribunal at allahabad and the other ..... to the two authorities for approval of the action taken. while the tribunal at allahabad approved the action on march 22, 1960, the labour court at meerut on april 29, 1960 refused to approve the action taken, though the order passed by the tribunal at allahabad already was brought to its notice. .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-15-1997
Reported in : 1998(4)ALLMR201; (1998)IILLJ77Bom; 1998(3)MhLj897
..... is one essential part of the sovereign functions of the state as a welfare state. it is not, therefore, an industry.' the judgment, therefore, proceeded on the footing that the welfare measures partake the character of sovereign functions. thereafter in the case of physical research laboratory v. k. g. sharma ..... /administrative instruction in operation, the remedy of reference under section 10 of the act is available. therefore, two streams, namely, remedy under the act by way of reference and remedy of judicial redressal by way of proceedings under article 226 or a petition filed before the administrative tribunal to the aggrieved ..... implications were excluded as workmen under section 2(s) of the act. the apex court then observed that if there exists no statutory rules binding standing orders, necessarily, the reference under section 10(1) would be valid and the tribunal has jurisdiction to go into or the employee may ..... s and 1970's, there was parallel stream of thinking being developed by the apex court to engulf the service conditions of the employees of a corporation either registered under the companies act or under the societies act or under a statute. the ..... act. the apex court was answering the question whether the ratio in sub divisional inspector of posts, vaikam & ors. (supra) is contrary to the judgment of the court in bangalore water supply. the apex court noted after referring to the judgment in bangalore water supply and ors., that in 1960' .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-10-1997
Reported in : 1997(4)ALT144
..... the o.p. passed by a competent subordinate judge or additional district judge in a land acquisition case is not binding on the court in another proceeding though the notification is one and the same. the land acquired under the same notification may not have similar potentialisties.'19. having given our anxious ..... rs. 90/- per sq. yard for lands covered under category-ii.5. agricultural market yard, godwal, the beneficiary of acquisition had no notice of the proceedings either before the land acquisition officer or before the reference court. however, on receipt of the communication dated 21-6-96 from the sub-collector, gadwal ..... an industry over an extent of ac.4-12 guntas out of ac. 5.52 guntas in s.no. 848. ex.a-14 is the proceedings dated 3-1-85 of the commissioner, gadwal municipality stating that municipal council, gadwal had passed a resolution dated 29-12-84 approving the proposal ..... situated in gadwal town for the purpose of extending the existing agricultural market yard at gadwal.2. the acquisition proceedings commenced with publication of the draft notification under section 4(1) of the act in the a.p. gazette dated 23-9-85. after due enquiry the land acquisition officer, having divided ..... case is no longer res integra. the view of shelat, j, as he then was expressed in special land acquisition officer v. lakhamsi, air 1960 bombay 78.'a judgment not inter partes in land acquisition reference and relating to land situate near the land in question is not admissible in evidence .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-27-1997
Reported in : (1997)116PLR778
..... be implemented with effect from january 1, 1997. it is stated by the petitioner that the officer bearers of sad approached the election commission to prevent the government from proceeding with the implementation of the scheme. even though election commission had no legal or constitutional authority to interfere with the working of the government in power, the chief election ..... has been filed. according to them, the government of kerala took steps to evolve a code of conduct for observance by organised political parties prior to the general election of 1960. the code was discussed and approved by representatives of leading political parties. in december, 1966, the same code was adopted at a conference of the representatives of political ..... the people/state legislative assemblies and state legislative councils, were announced. reasons for making the announcement early, are stated in the notification.9. as per section 15 of the act, election commission is bound to hold the election for the purpose of constituting a new legislative assembly. in punjab, general election was to be held otherwise than on dissolution ..... election commission under article 324 of the constitution in relation to general election to the assembly of the state begins only with issue of notification under section 15 of the act. article 324 of the constitution vests in election commission the superintendence, direction and control of conduct of elections, as would be necessary for the performance of the above .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-24-1997
Reported in : 97CompCas301(Guj); (1998)2GLR1436
..... a rectification order and the court had power under the provisions of sections 154, 155 and 163(2) of the companies act to order rectification even in interlocutory proceedings. 29. mr. vakil has further placed reliance on the decision of the division bench of the madras high court in kalyani ..... furtherance of the purported agreement. since the ad interim order passed by this hon'ble court is based on the purported agreement which is not valid in law, the same needs to be vacated forthwith.' 61. there is no contemporaneous record to substantiate the plaintiffs' case about the aforesaid alleged ..... section 155 would not be maintainable against persons who are neither directors nor shareholders. if third parties are impleaded as respondents, the court could proceed to inquire into the allegation of the petitioner. the court's jurisdiction would not be lost merely because third parties are required to be impleaded ..... per their communication dated march 7, 1994 (page 162), were found unacceptable to indian institutional investors. therefore, the plaintiff was unable to proceed with their proposal and had only made a small disinvestment of 5,00,000 shares amounting to 3.87 per cent. in favour an ..... regarding rectification of the register of the members has arisen, a long line of decisions such as jayashree shantaram vankudre v. rajkamal kalamandir pvt. ltd.  30 comp cas 141 (bom); rao saheb manilal gangaram sindore v. western india theatres ltd.  33 comp cas 826 (bom) and kalyani .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-25-1997
Reported in : 1997(4)ALLMR602; 1997(3)BomCR680; (1997)4BOMLR556; 1998(2)MhLj234
..... 1997-98. preliminary objection of non-justifiability of the rule is accordingly overruled. 54. having thus, dealt with the preliminary objection raised by the advocate general, we will now proceed to examine the validity of rule 2(b) of the draft rules for 1997-98. it may be recalled that relying upon the various supreme court decisions particularly (i) : 2scr786 , ..... whether any facts were pleaded in the affidavits justifying this assumption but the judgment of venkatarama ayyar, j. shows that the decision of the majority judges proceeded on this assumption and that was regarded as a valid ground justifying the discrimination made by the impugned rule.38. then in nidamarti maheshkumar v. state of maharashtra : 2scr230 , the supreme court was ..... clause (f) of section 2.' section 2(f) defines 'university' as follows : 2(f) 'university' means a university established or incorporated by or under a central act, a provincial act or a state act, and includes any such institution as may, in consultation with the university concerned, be recognised by the commission in accordance with the regulations made in this behalf under ..... present full bench, it would be useful to make reference to certain judgments of the apex court. in the case of 'mahadeolal kanodia v. administrator general of west bengal' : 3scr578 the supreme court observed as under :'we have noticed with some regret that the earlier decision of two judges of the same high court in deorajin's case : air1954cal119 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-29-1997
Reported in : 1997(2)ALT556
..... , then subject to the legislative competence and the exercise being not in violation of any of the provisions of the constitution, such power cannot be questioned.the validating acts are enacted to validate the action taken under the particular enactments by removing the defect in the stature retrospectively because of which the stature or the part of it had been declared ..... with one single pay scale earlier. it was only at a later stage that a distinction was made between matriculates and non-matriculates, which led to the said proceedings. the court proceeded on the assumption that both matriculates and non-matriculate tracers 'were doing the same kind of work', yet the classification made was upheld as permissible under articles 14 ..... of 1990 for regulation of pay fixation of the lecturers of apes with retrospective effect from 1-4-1996 and the petitioners can raise the question of validity and applicability of the act and rules in the main writ petition and thus disposed of the contempt petition on 23-9-1991 holding prima facie the respondents not guilty of any contempt ..... equated with the post of deputy conservator of forests coming from hyderabad and bombay. this was objected to by the petitioners and others. the state government published a list in 1960 with slight modification. the central advisory committee accepted the petitioner's contentions made in their respective representations and in category iii only the officials, namely, deputy conservator of forests .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-14-1997
Reported in : 1998(4)ALD349; 1998(2)ALD(Cri)142; 1997(6)ALT581
..... in an arbitrary and unconstitutional manner. his submission is that at every step, there was an obstacle caused to see that the prosecution did not proceed and firstly influence was exerted to invoke section 321 of cr.pc to withdraw the prosecution. thecollector and district magistrate, chittoor had directed the public ..... view that the governor has got power is fortified by a 5 judge bench judgment of bombay high court in state v. k.n. nawvathy, air 1960 bom. 502. as such, i reject this contention with regard to jurisdiction and hold that the govcmor had jurisdiction to exercise his powers of clemency. ..... be said that the clemency power will take-away the fundamental right of the petitioner guaranteed under article 21 of the constitution, even if it acts as an exception to jail sentence so far as respondents 2 and 3 are concerned. inspite of the remission of sentence being granted to respondents ..... then it may be correct to state that the prosecution ought to have been allowed to be withdrawn. but, the legal position is otherwise. the act of withdrawal of the prosecution and granting of the same is a judicial function and not an executive one. the public prosecutor, without any extraneous pressure ..... in such a situation. there is no justification for applying the provisions of section 360 cr.pc or the provisions under the probation of offenders act.'the above judgment rendered by this court had become final.3. then, respondents 2 and 3 invoked the power of clemency of the governor under .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-28-1997
Reported in : 1997(1)ALT629
..... - 10 are regarding terms and conditions of service of chairman, vice-chairman and members, meetings of the council, vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the council, temporary association of members with the council, staff of the council and the authentication of orders and other instruments of the council. the powers and functions ..... thus have no hesitation in declaring that under the circumstances and in view of unnikrishnan's case (1 surpa) and adiyaman case (2 supra), neither the constitutional validity of the aicte act and the regulations framed thereunder nor the legislative competence to enact such law by the parliament is any longer open for assailment.47. the state government and the ..... the public which is being examined in the background of such controversies this pil cannot but deserve its maintainability for a proper decision.32. strictly speaking, the constitutional validity of aicte act is not challenged on the anvil of the vires or ultra vires. but the legislative competence of the parliament to make such law similar to certain items of ..... of approval.15. the 24th respondent claiming to be a reputed institution imparting education having all the facilities and infrastructure running several colleges securing 90% results every year since 1960 and having complied with all the stipulations of the council commenced the mba course during the year 1995-96, affiliated by the university has also obtained approval from the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-22-1997
Reported in : 234ITR235(P& H)
..... shri abrol on a decision of the bombay high court in assistant collector v. jamnadas gokuldas patel, air 1960 bom 35. in that case, the validity of section 23 of the land acquisition act, 1894, had been challenged on the ground that the said section was violative of article 31 of the ..... as the land, buildings, plant, machinery and other assets were concerned, the competent authority issued notices under section 269d(2) of the act, initiating acquisition proceedings. those proceedings were quashed by the high court on the ground that there was no material to show that the consideration had not been truly stated ..... the land, whichever is earlier.explanation-- in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any court shall be excluded ..... in both the assessment years (1977-78 and 1978-79) are identical.3. the assessee filed a return of income in the status of a hindu undivided family for the assessment year 1977-78, declaring income of rs. 18,440 and for the next assessment year, declaring income of rs. 32 ..... electric supply undertaking. the compensation payable for the compulsory acquisition was provided for under section 5 of the andhra pradesh electricity supply undertakings (acquisition) act, which gave the option to the assessee to adopt one of the three methods specified therein. the assessee adopted basis a, under which .....Tag this Judgment!