Court : Supreme Court of India
Decided on : Apr-19-1983
Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; 2SCR770
..... grave or more heinous crimes must mean rigorous imprisonment for life, that is to say it cannot be anything but rigorous. counsel for the petitioner, however, pointed out that sub-section (2) only deals with a sentence of transportation for a term and not with transportation or imprisonment for life and that the provision is applicable to only sentences of transportation for ..... such law or of any enactment repealed, shall be construed as a reference to 'imprisonment for life'. sub-section (2) runs thus:(2) in every case in which a sentence of transportation for a term has been passed before the commencement of the crpc (amendment) act, 1955, the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for ..... obvious that the 'confinement' of the convict in the jail pursuant to the court's warrant issued under the sections is for the purpose of executing or carrying out of the sentence. the proviso to sub-section (1) of section 418 and sub-section (2) of section 418 make this position abundantly clear that the expression 'confinement' has been used in the sense of execution or ..... court so long as in law the requisite authority and power in that behalf is vested in the court.14. paragraph 719 of the punjab jail manual as published in 1916 ran thus:719. places of confinement for transportation prisoners-every prisoner sentenced to transportation for a term or for life, if ineligible for deportation to the andamans, shall be transferred .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-27-1983
Reported in : AIR1984SC289; (1983)IILLJ415SC; 1983(2)SCALE931; (1983)4SCC491; 1SCR85; 1983(2)SLJ607(SC)
..... rights which the employer has in law to adduce additional evidence in a proceeding before the labour court or industrial tribunal either under section 10 or section 33 of the act questioning the legality of the order terminating service must be availed of by the employer by making a proper request at the time ..... dispute. that contention found favour with the tribunal. the workman came up in appeal by special leave to this court which allowed the appeal on 2.2.1978 holding that it is an industrial dispute and remanded the matter to the tribunal for expeditious disposal. the matter was subsequently taken up by the ..... dated 18.7.1979 and remit the enquiry to the tribunal for affording an opportunity to the management asked for by the application dated 8.2.1979 for letting in further evidence to support the charges before the tribunal. the workman had claimed before the tribunal in addition to reinstatement full ..... enquiry was vitiated because of the non-production of those documents. having held so the learned judge adverted to the management's application dated 8.2.1979 made before the tribunal by which an opportunity to lead evidence in support of the charges in the event of the tribunal holding that the ..... commencing from bharat sugar mills ltd. v. shri jai singh and ors. : (1961)iillj644sc and ending with a decision in shankar chakravarti's case.2. at the outset it is necessary to extract the passage relied upon by mr. damania in support of his submission that if the employer makes an .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-25-1983
Reported in : AIR1984SC241; 60CompCas286(SC); 1983(2)SCALE1110; 1984Supp(1)SCC263; 1SCR526; 1984(16)LC17(SC)
..... not it was a foreign award as defined in section 35 of the arbitration act, 1950, which definition is mutatis mutandis the same as the definition of 'foreign award' given in section 2 of our arbitration (protocol and convention) act, 1937 (vi of 1937). sub-section (1) of section 36 of the english act provides for enforcement of foreign awards. that section is in the following terms :36. effect of foreign ..... awards. -(1) a foreign awards shall, subject to the provisions of this part of this act, be enforceable in ..... court and an application to a county court under this section shall preclude an application to the high court.61. originally section 26 consisted only of sub-section (1). sub-section (2) and (3) were inserted in section 26 and the original section renumbered as sub-section (1) by section 17(2) of the administration of justice act, 1977. the new sub-sections (2) and (3) are immaterial for our purpose for it .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-15-1983
Reported in : ILR1985KAR1772
..... of the right of vend of liquor for breach committed by purchaser. liquor and indian liquor are defined in clauses (18) and (15) of section 2 of the act. 'excise revenue' is defined to mean a revenue derived or derivable from any duty, fee, tax, rent, fine or confiscation imposed or ordered ..... non-existence, of the ground/s on which vend of liquor was ordered to be closed for maintenance of public peace.34. by sub-section (2) of section 21 any magistrate or any police officer not below the rank of a sub-inspector, present, may require a shop to be kept closed for ..... licence on grounds mentioned therein. section 30 of the act empowers the licensing authority to withdraw the licence for any cause other than those specified in section 29 on the expiration of not less than 30 days notice in writing of its intention to do so. sub-section (2) of section 30 provides for refund of ..... to set out the scheme providing for disposal of the privilege by the government and the term of the contract.14. sub-section (1) of section 17 of the act provides for the state government to lease to any person the exclusive right of manufacturing or supplying by wholesale or of both; ..... the court of appeal in leiston gas company v. leiston-cum-sizewell urban district council, 1916 (2) kb 428, in which a distinction between an event which causes temporary8. 1922 (2) ac. 180 @ 234(m)9. : air1954sc44 10. 1916 (2) kb 428interference with the contract and an event which renders the performance of the contract impossible .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-02-1983
Reported in : AIR1984Guj182; (1984)1GLR156
..... to which any of the provisions of this part apply and to decide any application made under this act and to deal with any claim or question arising out of this act or any of its provisions and subject to the provisions of sub-section (2), no ot ' her court shall have jurisdiction to entertain any such suit, proceeding or application or to deal ..... words and phrases. these definitions are not same or exactly similar with the definitions given in the transfer of property act and other relevant statutes. in the definition of landlord even rent collector is included. in ..... of the situation it has been enacted. the preamble to the act states that it was expedient to amend law relating to control- of rents and repairs of certain, premises- of rates of hotels and lodging houses and- of evictions.the act was passed to achieve the aforesaid purposes. the act gives special definitions of the term 'landlord' and 'tenant' and of certain other ..... respect of the sub-tenant, the tenant is to be considered as landlord. in the d0inition of tenant quite a new approach is made, so much so that now entirely a new category of statutory tenants has come into existence. the act defines 'standard rent' and severely restricts .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-14-1983
..... the matters therein contained.' 15. it may be stated here that the central govt. could exercise extra provincial jurisdiction as defined under section 2 of the act provided by treaty, agreement, grant, usage or other lawful means it had acquired jurisdiction in or in relation to areas outside the ..... the said proviso, although the aforesaid mylliem syiemship area shall remain tribal area for other purposes. the reasons behind 'excluding and including definition' in para 20 (2) are that if the shillong municipality and cantonment areas were like other areas of erstwhile assam, there was no reason to define ..... shillong town is not part of the shillong municipality, then there would be no necessity of stating in the definition of the united khasi-jaintia hills district in para 20 (2) 'but including so much of the area comprised within the municipality of shillong as formed part of the ..... united khasi-jaintia hills district as in para 20 (2), but in view of the historical, sociological and etymological background of the syiemship area, the definition in para 20 (2) was necessary. it may be that some of the portions of the mylliem state ..... sections 58, 59 (b) to 59 (g), 65, 78, 129, 216, 217, 218 and with the reservation that the rivers umshirpi and umkhrah so far as they are within that area should remain the property of the mylliem state). 4. the glanders and farcy act, 1899 (xiii of 1899). 5. the lepers act, 1898 (iii of 1898). 6. the assam medical act (i of 1916 .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-15-1983
Reported in : 59CompCas368(Guj)
..... being officers of the company are also having their own individual and separate personalities. however, it cannot be gainsaid that the managing directors are officers or the company. section 2(26) of the companies act, 1956, defines 'managing directors' to mean - 'a director who, by virtue of an agreement with company or of a resolution passed by the company in general ..... entrusted with substantial powers of management which would not otherwise be exercisable by him, and includes a director occupying the position of a managing director, by whatever name called.' 30. section 2(30) defines 'officer' to mean : 'any director, managing agent, secretaries and treasurers, manager or secretary or any person in accordance with whose directions or instructions the board of ..... legal curriculum and the title of a voluminous literature, its exact scope is vague, since the word 'company' has no strictly legal meaning. at page 9, inadequacy of legal definitions has been pointed out. various organs of the company have been mentioned at page 17, viz., the members in general meeting and the directorate. board of directors as organ of ..... the name of the company, the managing directors were the real parties who were interested in getting their family arrangement scheme fructified by getting the scheme sanctioned under section 101 of the companies act. therefore, on the special facts of the case, the managing directors must be held to be the real parties while the company was only the apparent party .....Tag this Judgment!
Court : Rajasthan
Decided on : May-04-1983
Reported in : AIR1983Raj252
..... court. 'investigation' under section 2 (h) is defined as including all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other than a magistrate) who is authorised by a magistrate in this behalf. a perusal of the aforesaid two definitions clearly shows that the ..... also contended by mr. sharma that the provision of section 17 (4a) of the act should be struck down on the ground that no opportunity for showing cause is given to such person before suspending him. it was also ..... as such no trial is pending against him and the state government is not empowered to suspend the petitioner under the aforesaid provisions of section 17 (4a) of the act it is contended by the learned counsel for the petitioner that the trial only commences after framing of charge and till that stage ..... of the supreme court the case of madho ram's case ((1950) 51 cri lj 1522) is not good law. the scheme of section 17 (4a) of the act also goes to show that it empowers the state government to suspend any, panch, sarpanch and upsar-panch against whom an inquiry stood started ..... when criminal proceedings in regard to an offence involving moral turpitude is pending trial against such person, he cannot be permitted to take part in any act or proceedings of the panchayat and the legislature in its wisdom thought it proper to empower the state government to suspend such person.5. it was .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-07-1983
Reported in : AIR1983Bom489; 1983(85)ARBLR291(Bom)
..... clearly prima facie made out, that the husband has been living with a concubine or mistress by name kalavati. a certificate of birth at the medical college hospital of a daughter to kalavati whose father's name was given as that of the petitioner's was produced. it is no doubt ..... into practice and actual relief. the power to grant such a relief is incidental and ancillary to the power to grant final maintenance both under sections 18 and 20.13. in that view of the matter, the petition will have to be rejected. rule discharged. the petitioner will pay the ..... imperial v. hotel workers union, : (1959)iillj544sc . there also the power to grant interim relief was spelt out of the power conferred under section 10 upon the tribunal to determine the question incidental to the questions referred to it. grant of interim relief in respect of an adjudication relating to ..... not provide maintenance to his wife is conferred by sub-section (1) of section 18. it is not necessary for the operation of sub-section (1) of s. 18 that wife must be also entitled to live separately in the circumstances provided under sub-section (2). the liability to maintain is spelt out by s ..... act, and analysing the section, it would be clear that sub-section (1) confers an absolute right upon the hindu wife to maintenance by her husband during her lifetime. this right is controlled and subject only to sub-section (3) and that is where the wife is unchaste or ceases to be a hindu by conversion to another religion. sub-section (2 .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-01-1983
Reported in : AIR1983Guj229; (1983)2GLR1220
..... authority' to pass the resolution, was not pressed in view of the notification issued by the state government appointing these persons to be the 'competent authority' to act under section 49 of the gujarat panchayats act, 1961.3. the real questions which were pressed were two-fold. firstly, rules of natural justice were not complied with in the sense that the papers of ..... to the conclusion that all allegations nos. 1 to 9 were proved and, therefore, it was established that the petitioner had abused his powers as contemplated by section 49 (1) of the gujarat panchayat act, 1961. an appeal was preferred to the competent authority who was additional development commissioner, gujarat state, and that appeal was partly allowed and the petitioner was removed ..... ) exercise such other powers and discharge such other functions as may be conferred or imposed upon him by this act or rules made thereunder.' it is also necessary to refer to section 102 (2) of the gujarat panchayats act, 1961, which reads as under: '102 (2), a secretary of a gram panchayat shall subject to the control of the sarpanch or chairman, as the case ..... also powers vested in the secretary of the' panchayat under section 102 (2). now, therefore, when there was a whole time paid secretary who was the executive officer of the nagar panchayat and who was vested with certain powers and he was to discharge certain functions and also discharge responsibilities under the act and the rules, normally it would be that person who .....Tag this Judgment!