Court : Chennai
Decided on : Jul-04-1985
Reported in : AIR1986Mad290
..... first introduced by the tamil nadu payment of salaries (second amendment) act 1975 and which has been amended from time to time, reads today as follows: -section 12-b. pension : there shall be paid a pension of two hundred and fifty rupees per mensem to every person who after the 15th day of aug. 1947, had been or is a member of the ..... 65(3) which provide for the emoluments, allowances and privileges of the president and the vice-president of india, as also art. 75(6) which refers to the salaries and allowances of ministers which can be determined by parliament from time to time and until the parliament so determines, they shall be as specified in the second schedule.8. the argument of ..... legislature for their own benefit will have to be rejected once we find that there is legislative competence for the state legislature.13. in sardar sarup singh v. state of punjab, air 1959 sc 860, the supreme court observed as follows -'........ and whatever justification some people may feel in their criticisms of the political wisdom of a particular legislative or executive ..... the constitution. after giving our anxious consideration to the arguments of the appellant, we are not satisfied that the provisions in s. 12-b of the tamil nadu payment of salaries act 1951 suffer from any constitutional invalidity. accordingly, in our view, the writ petition was rightly dismissed by the learned single judge. the writ appeal is also accordingly dismissed. however, there .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-14-1985
Reported in : (1985)46CTR(P& H)296; 153ITR1(P& H)
..... high court while interpreting the provisions of s. 2 of the u.n. (privileges and immunities) act, 1947, and section 18, clause (b), of article v of the schedule thereto, which granted exemption from income-tax to salaries and emoluments paid by the united nations to its officials, held that since under section 17 of ..... of the aforesaid decision would not thus be applicable to the present case. the legislature for the purpose of the i.t. act has deemed pension to be salary. salary is received by a person who is in present employment and, therefore, the pensioner is to be treated, by virtue of the ..... rendered byhim to the employer. it was because of this that the legislature thought it fit to provide in section 17 of the act that the salary for the purpose of sections 15 and 16 would include any annuity or pension. the legislature classified 'income'under various heads regarding which ..... the learned counsel for the revenue, drew my attention to the following passage from the speech of the finance minister  123 itr 21 :'at present, standard deduction in computing the salary income is not available in the case of pensioners. with a view to affording some relief to pensioners who are ..... unless such an interpretation would lead to absurd results. in this regard, one may recall with advantage the following observations of lord asquith of bishopstone from east end dwellings co. ltd. v. finsbury borough council  2 all er 587 :' if one is bidden to treat an imaginary state of affairs .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-11-1985
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; Supp2SCR131; 1985(2)SLJ145(SC)
..... force as it applies to members of a police force. under section 20, neither the payment of wages act, 1936, nor the industrial disputes act, 1947, nor the factories act, 1948, nor any corresponding state act applies to the member of the cis force.168. the facts set out in the supplementary return of shri ..... in the united kingdom, until about the middle of november 1981, the civil service department, which was set up in 1968 with the prime minister, as minister for the civil service, as its head, looked after the management and personnel functions in connection with the civil service which were until then being ..... be that he himself is not a party to bringing about that situation. in all such cases neither public interest nor public good requires that salary or subsistence allowance should be continued to be paid out of the public exchequer to the concerned government servant. it should also be borne in ..... and raising slogans such as 'inqulab zindabad'. 'vardi vardi vardi bhai bhai larke lenge pai pai' 'jo hamse takrayege choor choor ho jayega' and 'punjab ki jeet hamari hai aab cisf ki bari hai', participating in the gherao of supervisory officers, participating in hunger strike and 'dharna' near the quarter guard ..... 's household. clive's creation from 1765 of a civil service to govern such parts of india as were under the dominion of the east india company and macaulay's report on recruitment to the indian civil service provided the inspiration for the report of 1854 on the organization of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-26-1985
Reported in : (1986)IILLJ1AP
..... 3) shall make rules for the more convenient transaction of the business of the government of india and for the allocation among minister of the said business. 4. in ram jawaya kapur v. state of punjab, : 2scr225 mukherjea, j. (as he then was) speaking for the court held that the language of art. ..... allowed so long as he continues to be in service and not after it was terminated or relieved or ceased to discharge his duties and drawing his salary. from this perspective, we hold that mere acceptance of the request of the appellant for voluntary retirement is not conclusive. its communication is mandatory and ..... done the two minds may be apart and there is not the consensus which is necessary according to english law.' in entores ltd. v. miles far east corporation (1955) 2 qb 327 ca a case of contract on telex communication, denning m.r. at page 334 held that the contract is only complete ..... for voluntary retirement is accepted it becomes effective and brings about the cessation of service of the appellant. the relief of him from duty is a ministerial act. the appellant ceased to be in service with effect from 18th may, 1983, viz. the date of acceptance. the delay in communication is inconsequential. ..... to retirement for six months. it was granted and he went on leave. it was to expire on 25th may, 1947 and ten days before the expiry of the leave, on 16th may, 1947, mr. jairam sent an application requesting to permit him to resume his duties immediately stating that he had not retired .....Tag this Judgment!