Court : Andhra Pradesh
Reported in : AIR1978AP354
..... could not be held that by necessary implication the panchayat board's remedy to recover the amount in a civil court was ousted. 35. in the pepsu case ( kartar singh v. pritam singh, air 1956 pepsu 78) under the pepsu panchayat raj act ( 8 of 2008 bk ) it was the adalat class i that could entertain civil suits where the valuation did not exceed rs. 500 but ..... the suit was filed by the plaintiffs therein in the court of the subordinate judge 2nd class, for recovery of a sum of rs. 450, and ..... the jurisdiction of the subordinate judge's court was barred by the provisions of the pepsu panchayat raj act and whether the decree passed by the subordinate judge's court was a nullity. the learned judge held that although the panchayat court were given jurisdiction in certain suits by the pepsu panchayat raj act, the jurisdiction of ordinary civil courts in such suits was not excluded or ..... taken away, that both courts had concurrent jurisdiction in such .....Tag this Judgment!
Court : Chennai
Reported in : AIR1981Mad318; (1981)2MLJ254
..... the add rajpramukh issued an ordinance applying all the laws obtaining in the state of patials, including the patiala recovery of state dues act 2002 bk. to the entire state of pepsu. after the promulgation of the constitution of india an january 26, 19w, pepau became pot of the indian union as a part b ..... this regulation stated:'whereas doubts have been entertained as to the liability of the estate of a minor not taken under the management of the court of wards, to be sold for arrears of revenue; and whereas it is considered expedient, for the due protection of the property of minors and other ..... 2) the collector on receiving the certificate shall proceed to recover the amount stated therein as an arrear of land revenue.' the supreme court observed (at p. 804) 'the act is passed with the object providing a speedier remedy to the state government to realise the loans advanced by it or by the uttar ..... x of 1831 was a regulation to prohibit the sale of estates belonging to minors not under the charges of the court of wards, and to extend the provisions of section 20, regulation v of 1804, to property of every description not subject to the jurisdiction of that ..... incapacitated persons, that the provisions of section 23, regulation v, 1804, should be extended to property of every description not subject to the jurisdiction of that court, the .....Tag this Judgment!
Court : Kerala
Reported in : 144STC409(Ker)
..... industries within the state of kerala, they would certainly be entitled to plead the rule of estoppels in their favour when the state of kerala purports to act differently. several decisions of this court were cited in support of the stand of the appellants that in similar circumstances the plea of estoppels can be and has been applied and the leading ..... the said notification to the four categories mentioned in paragraph 21 supra. these exceptions, as already noted, are based on the principle of promissory estoppels as considered by the supreme court in mahaveer oil industries' case  115 stc 29. the circumstances under which a unit can be considered to have taken effective steps were incorporated in notifications s.r. ..... exemption are to be taken into account for interpreting the words used in the notification. in bajaj tempo ltd. v. commissioner of income-tax : 196itr188(sc) the supreme court held that provision granting incentive for promoting economic growth and development in taxing statutes should be liberally construed and restrictions placed on it by way of exception should be construed ..... should be strictly construed. (state level committee v. morgardshammar india ltd. : air1996sc524 and novopan india ltd v. collector of central excise and customs : 1994(73)elt769(sc) ). the supreme court in pappu sweets and biscuits v. commissioner of trade tax, u.p., lucknow  111 stc 425 held that object of the relevant exemption notification and the intention of the .....Tag this Judgment!
Court : Chennai
Reported in : II(2008)BC699
..... be held that notice to the firm will amount to notice to the partners and vice-versa.20. therefore, in the considered view of this court the contention of the learned counsel appearing for the petitioner merits acceptance and the contention of the learned counsel appearing for the respondent is liable ..... 2 ors. v. shasun chemicals and drugs ltd. (supra), the decision in girish chandra pandey v. kanhaiyalal chandak (supra), of the calcutta high court cannot be relied upon.19. it is pertinent to point out that admittedly the notice sent to the firm and other partners namely a1 and a2 were ..... drawer. only when that process fails, the cause of action, as envisaged in section 138, would arise against them, to enable the complainant to approach the court, within the stipulated time so. the starting of the process is, the service of notice on the persons, who represent the company, the drawer of the ..... the learned counsel appearing for the petitioner relied upon the following decisions, viz.:(i) b. raman and 2 ors. v. shasun chemicals and drugs ltd. ii (2008) bc 83 : ii (2008) clt 91 : 2006(2) lw (cri.) 775 (db).(ii) poppys spinning mills (p) ltd. v. c. visalakshi and anr. .9. in the ..... and it was placed before the court, but without rectifying the defect what was found in the notice issued to the opposite party. but, this would not satisfy the legal requirements. the legislative intent of a notice in a proceeding under section 138 of the negotiable instruments act is making the opposite party .....Tag this Judgment!
Court : Delhi
Reported in : 1997VAD(Delhi)883; 1997(2)ARBLR369(Delhi); 68(1997)DLT520; 1997(42)DRJ768
..... respect of such delay'. i shall have to deal with this case again when i consider the scope of the jurisdiction of this court under section 30 of the arbitration act, 1940. (11) the learned counsel for the contractor mr. d.p. sharma relied upon the passage in hudson's building ..... this was an aspect not urged before or considered by, the arbitrators. there was no evidence before the arbitrators or material adduced before the court as to the nature of these operations. it is difficult to say, by merely reading the terms of contract that the arbitrators have erroneously ..... the learned judge distinguished the judgment of the supreme court in food corporation of india vs . joginderpal mohinderpal and anr. : 1scr880 . the learned judge also referred to clause 10 of the agreement which is ..... this account. the learned judge referred to the judgment reported in government of kerala and another vs . v.p. jolly : air1992ker187 , a decision of this court in suit no. 2185 of 1987 decided on 20th july 1990 in continental construction co. ltd. vs . state of madhya pradesh : 3scr103 . ..... cannot be accepted. the public authority like dda is expected to act in accordance with the contract and having failed to act cannot project the case without mentioning the facts completely in the objection petition which alone can make the court to appreciate the position. i am unable to accept the arguments .....Tag this Judgment!
Court : Karnataka
Reported in : 110STC226(Kar)
..... . c. jain's case : (1981)illj402sc , the board cannot be held to be a local authority. 58. under somewhat similar statutory provisions contained in the haryana housing board act, 1971, the supreme court in the case of housing board of haryana : (1996)illj833sc has held that the housing board constituted therein is not a local authority. similarly, in another case, namely, calcutta ..... control or management of the fund must vest in the authority.' 51. keeping in view the aforesaid test as laid down by the supreme court, we would like to examine the provisions of the industrial areas act to ascertain as to whether the industrial area development board which is constituted under section 6 thereof fulfills the essential characteristics of a local authority ..... for levy and collection of tax under the provisions of the karnataka tax on entry of goods act, 1979 (hereinafter in short 'the act') filed individual writ petitions before this court challenging three notifications issued by the state government purporting to be under section 3 of the act, providing for rate of tax on the goods brought by them as raw materials in their ..... is whether the requirement of laying the notification before the state legislature as envisaged under section 31 of the act is mandatory. to substantiate the proposition, the counsel for the appellants placed reliance on a judgment of the division bench of this court in the case of lipton india ltd. v. state of karnataka : ilr1994kar1848 . at page 242 of stc (page .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1998VIIAD(SC)457; AIR1999SC468; JT1998(7)SC78; 1998(5)SCALE501; (1998)7SCC579; Supp2SCR143
..... all the vaids/hakims who had been registered under the east punjab ayurvedic and unani practitioners act, 1949 and the pepsu ayurvedic and unani practitioners act, 2008 bk and the punjab ayurvedic and unani practitioners act, 1963 as persons practising modern system of medicine for purposes of the drugs act. one dr. sarwan singh dardi who was a medical practitioner, registered with the board of ..... state (other than a register for registration of homeopathic practitioner). a notification can be faulted with only if those requirements are not satisfied. the punjab and haryana high court proceeded with an assumed intention of the rule-making authority that it could not be within its conception to bring vaids/hakims, the practitioners of ayurveda (indian system of ..... add mat as a matter of fact many ayurvedic vaids and unani hakims are prescribing allopathic drugs and mat the central government will abide by the decision of this court. here we are constrained to observe mat the stand taken by the central government shows utter bewilderment inasmuch as the authority which framed rule is not interested in supporting ..... .d. thakur, learned senior counsel appearing for the appellants-petitioners in the appeals and special leave petitions, has argued that the grounds on which the punjab & haryana high court dismissed dr. dardi's writ petition are not applicable to the appellants-petitioners and without noticing the difference the division bench denied relief to them so the judgments under appeal .....Tag this Judgment!
Court : Karnataka
Reported in : (2003)IIILLJ300Kant
..... under article 226 may now be examined. it is argued that the management of the college being a trust registered under the bombay public trust act is not amenable to the writ jurisdiction of the high court. the contention in other words, is that the trust is a private institution against which no writ of mandamus can be issued. in support of ..... is an established procedure to remedy a wrong or enforce a right. a party may not be allowed to bypass the normal channel of civil and criminal litigation. the high court does not act like a proverbial 'bull in a china shop' in the exercise of its jurisdiction under article 226.'11. a three-judge bench of the supreme ..... is not maintainable in order to defeat the legitimate rights of the workmen under the settlement. we say this, because, the workmen acting on the solemn promise of the management withdrew industrial disputes instituted by them before the labour court, hubli, and the resultant position is that they are neither here nor there and they are now placed in 'trishanku swarga' and ..... mete out justice in given facts. on finding that either the workmen were engaged in violation of the provisions of the act or were continued as contract labour, despite prohibition of the contract labour under section 10(1), the high court has, by judicial review as the basic structure, constitutional duty to enforce the law by appropriate directions. the right to judicial .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC2629; 2003(3)ALD82(SC); 2003(2)ARBLR5(SC); (2003)3CompLJ1(SC); [2003(4)JCR148(SC)]; JT2003(4)SC171; 2003(4)SCALE92; (2003)5SCC705; 44SCL89(SC); 3SCR691
..... and any violation of the said provisions would be contrary to the public policy of india as envisaged in section 7(1)(b)(ii) of the act.'18. this court in murlidhar agarwal and anr. v. state of u.p. and ors. : 1scr575 while dealing with the concept of 'public policy' observed ..... with statutes in other countries, though i wish that the indian law had a provision similar to section 68 of the english arbitration act, 1996 which gives power to the court to correct errors of law in the award. i welcome your view on the need for giving the doctrine of 'public policy' ..... in harish chandra bajpai v. trilok singh : 1scr370 , while dealing with sections 90 and 92 of the representation of the people act, 1951 (as it stood), this court observed thus:--'it is then argued that section 92 confers powers on the tribunal in respect of certain matters, while section 90(2) applies ..... is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of contract which expressly provides for forfeiture, the court has jurisdiction to award such sum only as it considers reasonable, but not exceeding the amount specified in the contract as liable to forfeiture.'47. from ..... finality to the award and resolving the dispute by speedier method would be much more frustrated by permitting patently illegal award to operate. patently illegal ward is required to be set at naught, otherwise it would promote injustice.30. therefore, in our view, the phrase 'public policy of india .....Tag this Judgment!
Court : Kolkata
Reported in : 2005(3)CHN213,2005(2)ESC1190
..... a period of 37 days).24. the learned counsel on the question of maintainability relied on another decision of this court passed in three writ petition heard analogously being w.p. no. 8842(w) of 2008, bishnu lohar v. eastern coalfields ltd., w.p. no. 8843 (w) of 2003, ram sankar upadhyay v ..... said that the hon'ble division bench in this judgment observed that in terms of the provisions of section 11-a of the industrial disputes act, 1947 even if disciplinary proceedings become vitiated by reason of non-observance of the principles of natural justice or for any other reason, the ..... and mainly relying on past records of the petitioner.(vii) the appellate authority also did not consider his appeal against the order of dismissal and acted in violation of the principles of natural justice.lastly the learned counsel for the petitioner submitted that alternative remedy is not a bar in moving ..... the writ petition. in paragraph 4 of the opposition it has been stated that the petitioner is a workman and is governed by industrial disputes act and the writ petition is not maintainable since the alternative forum or remedy lies in the industrial proceeding. in this affidavit-in-opposition in ..... it is to be noted that the term 'statutory bar' and the term 'without jurisdiction' are two different connotations. as such, industrial disputes act nowhere says that no writ petition will maintainable in such a circumstance, therefore, let me see whether the entertainment of the writ petition is within the .....Tag this Judgment!