Court : Madhya Pradesh
Decided on : Jan-02-2002
Reported in : 2002(1)MPHT179
..... it is further contended that state is having the power to issue appropriate directions to local bodies, authorities and societies under various provisions of m.p. municipalities act, m.p. municipal corporation act, m.p. krishi upaj mandi adhiniyam, m.p. co-operative societies act. daily wagers have no right to continue or to be regularized. they are not workmen within the industrial disputes ..... not required to be even an instrumentality of the state. these functions fall within the ambit of 'industry' under section 2(j) of the industrial disputes act. in gurmail singh v. state of punjab, (1991) 1 scc 189, it was held that running tubewclls constitutes ''industry' whether it is by government or corporation. there is no incompatibility in applying ..... of tamil nadu v. presiding officer, principal labour court, (supra) which is also absolutely of no avail as in the abovesaid decision the full bench decision of state of punjab v. kuldeep singh (supra) was followed which stood specifically overruled by supreme court in deshraj' case (supra). the respondents haveheavily relied upon in the return the decision of ..... engineer (construction) industries and commercial taxdepartment v. principal labour court, madras, (2000) 2 llj 331, wherein also similar view has been taken following full bench decision of punjab & haryana high court in kuldeep singh (supra).6. the arbitrator further opined that the appointments which were made without following the procedure in violation of the rules cannot be .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-23-2002
Reported in : AIR2003P& H87
..... singh 's case (supra) reqires us to read the provisions collectively since the interpretation given by this court in re: municipal committee (abohar) v. daulal ram, i.l.r. (1959) punjab 1131 having been overruled by the hon'ble supreme court, the building cannot be used for any other purpose. it has ..... scope of the expression 'business' is not controlled or coloured by the word 'trade' and occurring along side it in section 2(f) of the punjab act. thus, the word 'business' has wider import than 'trade' and is not restricted to something which must necessarily yield profit. business is the genesis of ..... has been argued that the full bench has interpreted the word 'business' as used in section 2(f) of the punjab act in conjunction with section 13(3)(a)(ii) of the punjab act and has held that the said word i.e. 'business' need not necessarily be commercial business carried on with a ..... but at the same time, the premises continued to be residential as the definition of the non-residential building, as given in the east punjab urban rent restriction act, 1949, is 'a building being used solely for the purpose of business or trade', whereas the definition of the 'residential building' is ..... per the discretion of the landlord, the meaning has been restricted by virtue of the restraints provided in section 13(3)(a)(ii) of the punjab act. the apex court has categorically observed that the sub provisions in the aforesaid section cannot be read independently but a cumulative reading has to be .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-10-2002
Reported in : 146STC438(P& H)
..... villages (and area comprises of agricultural land outside in case of villages) and area outside municipal limit in case of town under the punjab scheduled roads and controlled areas act, 1963, change of land use is required for setting up a unit in all types ..... scheduled roads and controlled areas act, 1963. in the present case the unit is situated outside original municipal limits and within controlled area. the nature of land, therefore, is agricultural ..... of eligibility certificate. the petitioner has not controverted the fact that it has set up the industry in 1996 and the municipal limits were extended in notification dated december 31, 1997. therefore, the petitioner cannot avoid its responsibility to produce clu ..... municipal committee. it has already been decided above by the committee that as per revenue laws land is classified into two categories, i.e., abadi deh within the lal dora and land outside abadi deh which is classified as agricultural land. when an area is notified as controlled area under the punjab scheduled roads and controlled areas act ..... of zones be it agricultural, residential or industrial. here it is relevant to clarify that agricultural zone and agricultural land are not synonymous and a land falling in industrial zone would continue to be agricultural land and clu would still be required under the punjab .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-21-2002
Reported in : AIR2002SC1562; [2002(2)JCR173(SC)]; JT2002(3)SC239; (2002)2PLR202; 2002(3)SCALE79; (2002)4SCC168; 2SCR685
..... passenger road transport needs as so assessed by the state transport commissioner, punjab from time to time.7-a. while granting permits for operations on routes, linking one village with another village without any city or a town or municipality, in between the aforesaid two villages, or a route linking a ..... cannot be vague reserving some routes on the assumption that in future state transport undertaking would operate upon such routes. on the contrary, under the act, the state government is required to formulate a proposal regarding the scheme giving particulars of(a) nature of services proposed to be rendered; and ( ..... regional transport authority or other prescribed authority cannot ordinarily refuse to grant an application for permit of any kind made at any time under the act.'9. further, it was made clear in the aforesaid case that before framing of the scheme under section 99, the state government has ..... - mini-bus permit holders submitted that in the matters decided by this court, clause 7 of scheme framed under section 99 of motor vehicles act was considered and that clause 7-a is required to be read along with clause 7 of the scheme framed by the state government under ..... persons who got benefit of permit raj are trying to avoid competition despite the liberalised policy introduced by the parliament under section 80 of the motor vehicles act, 1988. in our view, the question involved is concluded by the decision rendered by this court in jagdip singh etc. vs . jagir chand and anr .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-08-2002
Reported in : AIR2002Guj348; (2002)2GLR1132
..... right of participation and hearing to the chairman/vice-chairman against whom the motion is moved and likely to be passed. as has been mentioned above, relevant provisions of municipalities act and panchayats act containing detail procedure for passing no-confidence motion were pointed out to us and were read with various decisions rendered on those provisions by this court and the apex ..... decision of single bench of andhra pradesh high court (air 1972 ap 342) (supra) which was overruled by the division bench decision (supra) and decision of punjab and haryana high court which was overruled by the full bench decision (supra) of the same court.64. the division bench decision of andhra pradesh high court and full bench ..... .63. on behalf of the petitioners/appellants, heavy reliance has been placed on the division bench decision of andhra pradesh high court (7975 ilr 242) and full bench decision of punjab and haryana high court . it is also pointed out that the learned single judge (m. s. shah, j.), in his order impugned in the letters patent appeal relied on the ..... in conflict with the opinions expressed by other high courts, i.e., hindurao balwani patil and anr. v, krishnarao parshuram patil and ors., reported in : air1982bom216 and full bench of punjab and haryana high court in the matter of jagdev singh v. the registrar, co-operative societies, haryana and ors., reported in .5. at the outset, we consider it appropriate to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-20-2002
Reported in : (2003)133PLR508
..... tiled by the landlord has been dismissed. admittedly, no alteration has been made in the shop and that a cabin had been constructed upon the land belonging to the municipal committee, which has been demolished in pursuant to the notice issued to the petitioner.6. revision petition is allowed and the order dated 7.1.1985 passed by the ..... by the rent controller that in respect of the construction of the kacha cabin in front of the shop, a notice had been received by him from the municipal committee, copy of which has been exhibited as ex.a-6 and that in pursuant thereto, the said cabin has been demolished by the ..... has argued that in fact no alteration has been made m the shop as is evident from the fact that a notice had been issued by the municipal committee for removing the cabin which was constructed in front of the demised premises and that the said cabin was demolished by the ..... municipal committee during the pendency of the application before the rent controller. this fact has been noticed by the rent controller and the rent controller dismissed the application accordingly. ..... j.s. narang, j. 1. the landlord filed a petition under section 13 of the east punjab urban rent restriction act, 1949 for seeking ejectment of the respondent-petitioner from the shop defined as demised premises in the application filed before the rent controller. the ejectment has been sought .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-11-2002
Reported in : 2002(3)ALD663; [2002(94)FLR300]
..... . labour court, nagpur, 1967 labour and industrial case 107, which held that the fire-brigade service, maintained by the municipal corporation, was not an 'industry'. we are not, in this case, attempting to resolve the conflict between the punjab and haryana high court and the bombay high court but what we intend to emphasise is that thiscourt has already held some ..... for carrying on these activities would, therefore, be 'workmen' and the dispute in the light of various statutory provisions of the industrial law, one of which is the maternity benefit act, 1961. this is the domestic scenario. internationally, the scenario is not different.' 7. apart from this preliminary objection, no doubt several other contentions have been raised and elaborately argued ..... the corporation is not an industrial establishment and there is no motive whatsoever and hence the corporation cannot be termed as an industry within the meaning of the industrial disputes act. the learned counsel also had drawn my attention to several observations made in the impugned award and had submitted that these findings are not based on any evidence or ..... of 1993 after a gap of nearly one year stating that he was terminated from service without following procedure contemplated under section 25-f of the industrial disputes act, 1947, for short 'the act'. it is further stated that the counter-affidavit filed before the labour court clearly demonstrates that the workman never worked continuously for 240 days. however, the labour .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-28-2002
Reported in : (2003)2GLR1409
..... grounds alleged against the petitioner. mr. nanavati also very vehemently submitted that a solitary or stray incident is not enough for attracting the provisions of section 263 of the gujarat municipalities act, 1963. it is submitted that, for example, on a given day, for some reason, in a particular area, a stray cattle might be found on the road, and the same ..... that even if a single ground is, ultimately, found to be relevant, the same can be taken into consideration, at the time of passing order under section 263 of the municipalities act, even the order in question can be sustained on the availability of that one ground, ultimately, if it is found that there was rational and valid ground for initiating proceedings ..... that at the time of issuing the notice, any material worth the name was available with the state government for the purpose of initiating proceedings under section 263 of the municipalities act. 5. it is submitted by mr. nanavati that a democratically elected body cannot be removed in such a casual manner and the decision taken by the state is nothing but ..... the statute.' mr. nanavati has also strongly placed reliance on the decision of the apex court in tarlochan dev sharma v. state of punjab and ors., air 2001 sc 2524. in the case of removal of president of a municipality, it has been observed by the apex court as under in paragraphs 6, 10 and 12 :- '6. in a democracy governed by .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-31-2002
Reported in : (2002)175CTR(P& H)229
..... of the chandigarh administration directly before the due date, i.e., 12-9-2001. on the date of agreement, the special leave petition of the municipal corporation against the judgment of this court, dated 2-2-2001, was pending before the supreme court. the petitioner, therefore, also agreed to meet ..... by 12-9-2001.during the pendency of the writ petition, the municipal corporation had passed the order of resumption against which shri nirankar singh had filed an appeal. however, consequent upon the order of the high court ..... the necessary amenities were provided by the chandigarh administration by 13-6-2001 and intimation to this effect was sent to the allottees by the municipal corporation vide memorandum of the same date. as a result, the entire outstanding payment against the said property became payable by shri nirankar singh ..... shri nirankar singh. he also deposited an amount of rs. 1,34,25,000 with the municipal corporation, chandigarh, by demand draft, dated 10-9-2001.4. chapter xx-c of the act provides that sale of immovable property cannot be effect except by first making an application before the appropriate ..... chandigarh, with one shri nirankar singh, son of shri karam singh, resident of house no. 632, phase vi, s.a.s. nagar (mohali), punjab. a copy of the agreement is attached as annexure p-1 with the writ petition.shri nirankar singh had purchased this property in an open auction held .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-14-2002
Reported in : 2002(3)WLC193; 2002(3)WLN689
..... multipurpose transport co-operative society ltd. and anr., : 1scr274 , the hon'ble supreme court held that a municipality or municipal board, in exercise of its power under the provisions of the municipalities act or the rules framed thereunder, cannot compel bus operator to use its bus stand as the board is not competent to ..... is only competent to fix such a bus stand by passing a resolution. neither the state government nor district administration nor local bodies, e.g. municipal board, gram panchayat etc. has any jurisdiction to fix the bus stand for picking up or setting down the passengers. a person, aggrieved of the ..... provisions of rule 93 of the up. motor vehicles rules, 1940, which authorised the district magistrate to specify the place within the limit of any municipality, notified area, town area or cantonment area or within such other limit as he may define, where alone public service vehicles or any specified class ..... , it can certainly not pass any order accepting or rejecting the application for interim relief/temporary injunction as well. (vide ajmer kaur v. state of punjab and ors. ).24. thus, in view of the above, i am not inclined to interfere with the order passed by the first appellate court. ..... be invoked.14. in a recent judgment of the hon'ble supreme court in punjab national bank v. o.c. krishnan and others air 2001 scw 2993, the hon'ble supreme court observed as under:the act has been enacted with a view to provide a special procedure for recovery of debts .....Tag this Judgment!