Court : Madhya Pradesh
Decided on : Aug-23-1976
Reported in : AIR1977MP116; 1977MPLJ227
..... out of the districts mentioned in the presidential order. this view appears to be correct because the power to constitute permanent benches conferred on the president under sub-section (2) of section 51 of the act, necessarily includes the power to specify the purposes for which the bench is constituted. the position might have been different if the president had not specified the ..... in the contention that any part thereof was beyond the competence of the parliament and as such ultra vires.58. shri dharmadhikari questioned the vires of sub-section (2) of section 51 of the act also on the ground that it amounted to excessive delegation, inasmuch as the constitution of permanent benches was an essential legislative function of the parliament itself and ..... appear that there is nothing in this notification which precludes for the time being a permanent bench at indore for hearing cases other than those indicated in the notification.'no definite opinion was, however, expressed on the point referred because the case could be disposed of on other grounds. the aforesaid observations may, therefore, be treated as merely casual and ..... to consider what it means and implies. the ordinary meaning of the word 'principal' is chief, leading; most important or considerable; primary; original highest in rank, character or importance or degree vide black's law dictionary; fourth edition at p. 1355. as observed by mukherjee, j. in paragraph 68 in state of bombay v. narottamdas (air 1951 sc 69) (supra), .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-09-1976
Reported in : AIR1977SC36; 43(1977)CLT419(SC); 1976LabIC770; (1976)IILLJ409SC; (1977)2SCC339; 1SCR537
..... for enabling a party to be represented by a legal practitioner.12. under the scheme of the act the parties to an industrial dispute are employers and employers; employers and workmen; and workmen and workmen [section 2(k)]. the definition of 'appropriate government' under section 2(a) of the act lays bare the coverage of industrial disputes which may be raised concerning, amongst others, several types ..... of corporations, mentioned therein, companies, mine, oil field, cantonment board and major port. the definition of employer under section 2(g), which is a purposive but not an ..... (4) of the act.17. if, however, a legal practitioner is appointed as an officer of a company or corporation and is in their pay and under their control and is not a practising advocate the fact that he was earlier a legal practitioner or has a legal degree will not stand in the way of the company or the ..... corporation being represented by him. similarly if 'a legal practitioner is an officer of an association of employers or of a federation of such associations, there is nothing in section 36(4) to prevent him from appearing before the tribunal under the provisions of section 36(2) of the act. again .....Tag this Judgment!
Court : Delhi
Decided on : Mar-01-1976
Reported in : ILR1976Delhi688
..... and inchides any calling, service, employment, handicraft, or industrial occupation or avocation of workmen'. the expression 'establishment' does not occur in this definition. section 2(s) defines the expression 'workman' as a person 'employed in any industry'. section 9b of the act empowers the government to exempt any class of 'industrial establishments' or 'class of workmen employed in any industrial establishment' by the operation of ..... of the head office of the company with the state was distinguished because the workman involved was a roving medical representative. (31) in messrs spencer & co. ltd. (supra) (5) the company had us head office in the state of tamil nadu. the workman concerned was working in the company's ..... part of the dispute could be said to have arisen at delhi where the head office of the firm was located. an earlier decision of that court in association of medical representatives (m & v) v. industrial tribunal, m.p., indore and others, 1967 m.p. 114, in which the reference by the state government was justified on the ground of location .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-17-1976
Reported in : AIR1977P& H167
..... said spouse is taking advantage of his or her own wrong.10. we are, therefore, inclined to hold that in a case covered under section 13(la)(ii) of the act, either of the parties can apply for dissolution of marriage by a decree of divorce if it is able to show that there has been ..... the party, who is opposing the grant of divorce under clause (ii) of sub-section (1-a) of section 13 of the act. we are, therefore, inclined to hold that the law laid down in chaman lal's case (1971-73 pun lr 104) (supra ..... petition would not disentitle him to seek or debar him from seeking the statutory relief of divorce, if the requisite conditions specified in clause (ii) of section 13(1a) of the act are satisfied. this authority to an extent supports the view which we are taking in the present case.14. in another decision of ..... of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or (iv) has been suffering from a virulent and incurable form of leprosy; or(v) has been suffering from venereal disease in a communicable form ..... comply with the decree or that the party in whose favour the decree was passed took definite steps to comply with the decree and the defaulting party did not comply with the decree and, therefore, such an act be taken to be taking advantage of his or her own wrong would not be available to .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-28-1976
Reported in : AIR1976Cal322,(1976)1CompLJ168(Cal)
..... had already been passed against the tenant and, therefore, the appellant cannot be described as tenant when the appeal was pending. reading the definition of 'tenant' given in section 2 (h) of the act, we get that a person against whom any decree or order for eviction has been made by a court of competent jurisdiction is ..... of the view that although a decree has been passed by the trial court, the appellant can still be regarded as a tenant as denned under section 2 (h) of the act to get relief in this case, because no final decree, unchallenged in any court has been passed against him. the decree in question is under ..... the suit was originally filed under a different statute. there is no dispute that the suit premises, a house comes under the purview of the definition of 'premises' under the act. the submission of mr. banerjee is that the appellate court below ought to have set aside the decree for recovery of possession passed by ..... of the appeal, the matter is re-opened and the appeal is meant for re-hearing of the dispute. the decree for eviction referred to in the definition clause for 'tenant' is meant to be final decree passed by a court of competent jurisdiction. it does not and cannot imply, in my view, a ..... at calcutta against ram ratan kaur on the ground that she had taken a transfer of a non-transferable occupancy holding by a deed dated 28-9-1916. the suit was filed on 30-6-1927 the trial court passed a decree for eviction of the defendant no. 1 kaur. an appeal was taken .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-18-1976
Reported in : AIR1976SC2216; [1977(34)FLR53]; (1976)IILLJ204SC; (1976)3SCC828; 3SCR680; 1976(8)LC350(SC)
..... registered, but that was repealed by the punjab cooperative societies act of 1961 (hereinafter referred to as the cooperative societies act). the present society, though registered under the 1951 act continues as a society under the cooperative societies act, 1961 and is a state bank as defined in section 2(h) of the mortgage bank act. (a study of the two statutes, the trappings attaching ..... the constitution and the writ jurisdiction under article 226. a further argument has been built on the edifice of the statutory provisions contained in the punjab cooperative societies act, 1961 section 84a of this act empowers apex societies, under certain circumstances, to frame rules for their employees and such rules, it is contended, have been framed, having the force of law. ..... as it was against a cooperative society.2. shri m.k. ramamurthy challenges the holding of the high court on the score that the punjab state cooperative land mortgage bank ltd., (state bank, for short) is 'other authority' within the meaning of article 12 of the constitution and, therefore, falls within the definition of state. consequently, a writ may issue ..... against it. secondly, he contends that the state bank is a public authority and, therefore, falls within the writ jurisdiction of the high court his third plea is much wider in its sweep, for he urges that cooperative societies registered under the cooperative societies act are subject to the .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-09-1976
Reported in : AIR1977Cal258,81CWN459,[1977(34)FLR278]
..... the petitioner. but it cannot be ignored that section 38 is made subject to the provisions of the act. section 2 containing the definition is also a provision of the act. the words 'employees' and 'factory' occurring in section 38 of the act must be understood in the light of their definitions in section 2(9) and section 2(12) of the act. considerable stress was laid by the learned counsel ..... fin the ground that the words used in section 38 are not 'all ..... counsel if these conditions are fulfilled, it does not matter where the employee concerned is working. he has urged that by amending the definition of 'employee' in section 2(9) in 1966, the operation of the act has not been extended to those who are not attached to the factory premises at all. prior to the amendment the employees actually working ..... are doing it to circumvent the provisions of section 1(5) of the act. mr. mukherjee has referred to chapter v of the act on the benefits that the employees would derive if they come within the act, e. g. sickness, maternity, disablement, medical and funeral benefits. under section 59-a there are provisions for medical benefit by the corporation in lieu of the state .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-24-1976
Reported in : 109ITR775(Cal)
..... -tax act, gift has been defined as follows:' 'gift' means the transfer by one person to another of any existing movable or immovable property ..... force of the gift-tax act they were not assessable to tax.13. before we deal with the respective contentions of the learned counsel on behalf of the parties it will be convenient to refer to the relevant statutory provisions. the first to be noted is the definition of the expression 'gift' as in the gift-tax act. in section 2(xii) of the gift ..... and without consideration in money or money's worth, and includes the transfer or conversion of any property referred to in section 4 deemed to be a gift under that section.'14. in the same act ' transfer of property ' has been defined in section 2(xxiv) as follows:' 'ransfer of property' means any disposition, conveyance, assignment settlement, delivery, payment or other alienation of property and ..... donor or donee. consequently, there was no gift within the meaning of transfer of property act, nor did such an unilateral transactionfall within clause (d) of section 2(xxiv) of the gift-tax act. the section speaks of 'disposition' which was a bilateral or a multilateral act and not an unilateral act.33. the next decision was bhau ram jawaharmal v. commissioner of income-tax reported in .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-09-1976
Reported in : AIR1977Cal165,[1977(34)FLR292]
..... the regional director, calcutta, wrote to messrs. sen-raleigh and co. ltd., kannyapur, post office asansol, burdwan, inter alia, as follows:--'that as per definition of the term 'employee' laid down in section 2 (9) of the e. s. i. (amendment) act, 1968 the employees of your head office situated at mercantile building, calcutta-1, are also now covered within the meaning of ..... contributions' and 'benefits' except as hereinbefore stated, became applicable to the employees of sen-raleigh ltd. working in its head office in calcutta who were covered by the amended definition in section 2 (9).10. on the 3rd september, 1968, the regional director, calcutta, again wrote to sen-raleigh and co. ltd. as follows:--'it has been reported by this office ..... the relevant portions of this notice. it seems to us that this is a valid notice in view of the amended definition of section 2 (9) and the various notifications referred to above which brought into operation different chapters of the act in different areas in india.15. the result is that this application is dismissed. all interim orders, if any, ..... this shows that on the 1st september, 1948, chapters i, ii, iii and viii of the act became applicable to all factories throughout india irrespective of location. the headings of these chapters respectively are (a) preliminary, (b) corporation, standing committee, and medical benefit council (c) finance and audit and (d) miscellaneous. sections 44 and 45 (employers to furnish returns etc; inspectors their .....Tag this Judgment!
Court : Delhi
Decided on : Dec-13-1976
Reported in : ILR1977Delhi370; 1977LabIC681
..... the conditions of la,bour of any person' the reference was not competent. it was not covered by the definition of the term 'industrial dispute' as defined in s. 2(k) of. the act. the order of reference is had and outside the jurisdiction of the tribunal. this was their main argument. ( ..... substantial interest in the subject matter of dispute. in both such cases, the dispute is an industrial dispute.'(15) counsel for the workmen contends that the definition of the term 'industrial dispute' is very wide. he relies on western india automobile assoc. v. industrial tribunal bombay, (1949) f.c.r. ..... the entire community. considerations', thereforee, of economy and efficient management come in. thereforee, it is for the management to decide as to how each section or department or the industry should be organized; and while doing so, the management is bound in the interests of the industry itself to consider ..... accuracy the matter to which the dispute must pertain if it is to come within the definition of 'industrial dispute. but if the dispute is indefinite and vague it might disqualify itself as ..... act. but the reference to the subject-matter of the dispute is, by contrast, more precise : viz., 'which is connected with the employment or non-employment, or the terms of employment or with the .conditions of labour, of any person.' those words show an intention to prescribe with same degree of .....Tag this Judgment!