Court : Karnataka
Decided on : Mar-10-1986
Reported in : ILR1986KAR2701; 1986(2)KarLJ24
..... for omnibuses. it is so. but that is a situation brought about by a state amendment and constitutes no ground to hold that the proviso to section 63(7) imposes an unreasonable restriction. further, after that act also there is no bar for securing contract carriage permits for motor cabs and operating them as tourist vehicles and on that basis to ..... used to carry passengers for hire or reward, under a contract expressed or implied. sections 49, 50 and 51 of the act regulate the grant of contract carriage permit both for omnibuses and motor cabs. every contract carriage whether a motor cab or omnibus falls within the definition of 'tourist vehicle' given in section 2(29-a), if it is constructed and equipped and maintained ..... for hire or reward under a contract expressed or implied for the use of ..... as an operator of tourist vehicle within a state is concerned, the act enables him to do so by taking a contract carriage permit under section 51. section 49 regulates the making of an application for grant of contract carriage permit and section 50 prescribes the procedure. 'contract carriage' is defined in section 2(3) to mean a motor vehicle which carries a passenger or passengers .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-21-1986
Reported in : (1986)(8)ECC14
..... of the customs act, 1962 (hereinafter, the regulations) and before any order permitting clearance for home consumption or warehousing, as the case may be, is made; and ii) the spares or raw materials should be imported as a part of a contract or contracts registered as aforesaid. (d) regulation 5 of the regulations, provides for an application to be made for registration of any amendments made to the ..... down machinery for its calculation or procedure for its collection and such machinery provisions "are not generally subject to a rigorous construction. the courts are expected to construe the machinery sections in such manner that the charges to tax is not defeated." [air 1981 s.c. 1887 at p.1904 - associated cement co. ltd. v. c.t.o.; also air ..... collector (appeals) resulted in confirmation of the aforesaid order of refusal to register. it was held that, since the contracts for spares did not form part of the original contracts for the supply of plant and machinery they were disentitled to registration for securing the benefit of the concessional rate of duty, in terms of the aforesaid heading; 3. it was urged, inter ..... alia, in the memorandum of appeal and in the oral submissions before us that - (a) the contracts for the supply of spares did, indeed, contain reference to the earlier contracts for supply of plant and machinery .....Tag this Judgment!
Court : Orissa
Decided on : Aug-07-1986
Reported in : AIR1987Ori125; 63(1987)CLT279
..... the permission of the state government, with -- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act ..... the negative. it is apparent from the language of the provisions of section 22b(1) that before passing any order under the said section, the state govt. must form an opinion that it is necessary or expedient to regulate the supply, distribution, consumption or use of energy for maintaining the supply and securing the equitable distribution of the energy. neither has it been stated ..... opinion that it is necessary or expedient so to do, for maintaining the supply and securing the equitable distribution i of energy it may by order provide for regulating the supply, distribution, consumption or use thereof.(2) without prejudice to the generality of the powers conferred by sub-section (1) an order made there under may direct the licensee not to comply, except with .....Tag this Judgment!
Court : Delhi
Decided on : Mar-06-1986
Reported in : (1986)IILLJ480Del
..... in the art. 19 may be subjected to, the fundamental guarantee of art. 30 is nevertheless subject to the regulatory power of the state so that the state may regulate the exercise of the right of administration but it has no power to impose any 'restriction' which may be destructive of the right itself. the question in controversy in ..... state in relation to the civil and criminal justice system operating in the country to which all citizens have access in their relations with each other, whether arising out of contract, tort or otherwise. whether any judicial intervention, at the instance of any person having a contractual or other relationship with a minority institution, nevertheless constitute interference by the ..... , arbitration and, if necessary, by approaching the tribunal constituted under the act. the principle objects of the act have been summarised, 1958 1 l.l.j. 500 by the supreme court thus : (i) promotion of measure for securing and preserving amity and good relations between the employer and workmen; (ii) an investigation and settlement of industrial disputes, between employers and employers, ..... 2 l.l.j 479. it has been inextricably woven into the preamble. 7. article 19(1)(c) guarantees the fundamental right 'to form associations or unions'. article 21 provides that no person shall be deprived of his 'life' or personal liberty except according to procedure established by law. article 30, as it stands after its amendment by the constitution (forty-fourth amendment) act .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-31-1986
Reported in : ILR1986KAR587
..... policy, was by taking steps to frame or amend the rules first in accordance with the provisions of the act regulating the disposal of the largess/privilege, of bottling arrack to persons other than those who had secured the privilege of distilling/manufacturing liquor or the right to vend liquor etc., in terms of section 17 of the act and the rules framed thereunder. (see : ..... if the answers on the aforesaid questions are in favour of the petitions, have they been able to establish that public interest has suffered by respondents 1 & 2 assigning the bottling contracts to respondents 3 to 10 for the reason that.(i) the government had not followed the usual trade practice of calling for tenders while fixing the charges of ..... certificates, which were usually required in respect of applications for awarding of contracts, one such being the income-tax clearance certificate.(2) applicants eligible under rule 3(2) of the bottling rules were excluded to get at the 'chosen eight' out of whom seven were ineligible under that rule, for securing bottling licence.(3) application of an eligible applicant--the mysore sugar ..... in view of the pleas of the parties, the following questions arise for consideration :-i. whether the petitioners have locus standi to present the petitions ?ii. whether the decision of the government to grant the contract is justiciable,iii. if the decision is justiciable,(a) whether the decision is in violation of law, arbitrary and capricious, and(b) whether the decision .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-06-1986
Reported in : ILR1986KAR769; (1986)ILLJ470Kant
..... interpretation which it received in the aforementioned case would be binding on us. however, s. 25b and s. 2(eee) have been the subject matter of amendment by the industrial disputes (amendment) act, 1964. section 2(eee) deleted and s. 25b was amended, prior to its amendment by the 1964 amendment act, s. 25b read as under : 'for the purpose of s. 25c and 25f a workman who during ..... capacity although not in receipt of wages.........'8. in the light of the provisions, namely, regulation 16 of the regulations, s. 25c of the act and s. 2(h) and (m) of the transport act, the employment of the badli workmen is under a contract of service and not a contract for service. the corporation has also no doubt about this legal position since it is not ..... the workman for the loss caused to him on the abrupt termination of his contract and that compensation will help him to eke out his livelihood till he secures employment elsewhere. the words 'continuous service' and 'and has actually worked' as they appear in s. 25b(2) of the act should be liberally interpreted and not in the manner interpreted by the supreme court ..... as under : 'right to work, to education and to public assistance in certain cases. - the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.'the directive principles which .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-05-1986
Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; 1SCR479; 1986(2)LC301(SC)
..... july 29, 1957, part ii, section 2, at page 392). the 1957 act was amended with retrospective effect by the mines and minerals (regulation and development) amendment act, 1958 (act no. 15 of 1958). this amendment act dealt with mining leases in respect of coal granted before october 29, 1949, and does not concern us. the 1957 act was again amended by the mines and minerals (regulation and development) amendment act, 1972 (act no. 56 of 1972 ..... the general power and do not in any way restrict the general power. section 2 of the defence of india act, 1939, as amended by section 2 of the defence of india (amendment) act, 1940, conferred upon the central government the power to make such rules as appeared to it 'to be necessary or expedient for securing the defence of british india, the public safety, the maintenance of public ..... principles of the ordinary law of contracts. it may be that in certain cases by enhancing the rate of dead rent the holders of leases in respect of certain types of minor minerals may be adversely affected but private interest cannot be permitted to override public interest. conservation of minerals and their proper exploitation result in securing the maximum benefit to the .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-04-1986
Reported in : ILR1986KAR4073
..... from the buyers, are unconstitutional?in order to appreciate the question arising for consideration, it is necessary to make a brief survey of the relevant provisions of the act ..... by virtue of contract, but only after securing a licence given by the concerned market committee. their relationship and the remuneration chargeable by the commission agents either to the seller or to the buyer are ail regulated under the provisions of the act. the commission chargeable by a commission agent is restricted to not more than 2%. before the introduction of new section 78 under the ..... are traders as also commission agents licenced under the provisions of the karnataka agricultural produce marketing (regulation) act, 1966, (the act for short), the following question of law arises for consideration :whether sections 78 and 79-a of the act introduced into the act by the karnataka agricultural produce marketing (regulation) (amendment) ordinance, 1986 (ordinance for short), which provides for the collection of commission, payable to commission agents .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-19-1986
..... that 103 of the social security amendments act of 1983, 97 stat. 71, 42 u.s.c. 418(g) (1982 ed., supp. ii), effected a taking of property within the meaning of the fifth amendment by preventing states from withdrawing state and local government employees from the social security system. i a the social security act of 1935, 49 stat. 620, as amended, 42 u.s.c. ..... of california sought to enjoin enforcement of 418(g) as well as a declaration that the section was unconstitutional. page 477 u. s. 50 the state claimed that the federal defendants had acted in excess of their constitutional authority and had violated the tenth amendment by breaching their contract with the state and by impairing the state's "ability . . . to structure its ..... this lawsuit also alleged that the enactment denied them their contract rights without due process, that it constituted an attempt to regulate " essential state and local government functions,' in violation of the tenth amendment," and that they were entitled to specific performance for the government's breach of contract. public agencies opposed to social security entrapment v. heckler, 613 f.supp. 558, 565 ..... . f. r. co., 470 u. s. 451 , 470 u. s. 465 -470 (1985). therefore, there is no doubt that congress had the power to amend the section. in view of the purpose and structure of the act, and of congress' express reservation of authority to alter its provisions, courts should be extremely reluctant to construe 418 agreements in a manner that forecloses .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-02-1986
..... claims court for any claim against the federal government to recover damages founded on the constitution, a statute, a regulation, or an express or implied-in-fact contract. see 28 u.s.c. 1491(a)(1) (1982 ed.); see also 1346(a)(2) (little tucker act, which creates concurrent jurisdiction in the district courts for such claims not exceeding $10,000 in amount). "if ..... u. s. 15 -16, state law creates and defines the scope of the reversionary or other real property interests affected by the icc's actions pursuant to section 208 of the national trails system act amendments of 1983, 16 u.s.c. 1247(d). in determining whether a taking has occurred, "we are mindful of the basic axiom that '[p]roperty interests . . . are ..... do occur, and it certainly is not an unambiguous sign that congress meant to withdraw tucker act relief. justice o'connor, with whom justice scalia and justice kennedy join, concurring. petitioners assert that the interstate commerce commission's (icc) actions prevent them from enjoying property rights secured by vermont law, and thereby have effected a compensable taking. the court of appeals for ..... clause "is designed not to limit the governmental interference with property rights per se, but rather to secure compensation in the event of otherwise proper interference amounting to a taking"). nothing in the court's opinion disavows these principles. the court's conclusion that section 8(d) authorizes rails-to-trails conversions that amount to takings, ante at 494 u. s. 13 .....Tag this Judgment!