Court : Punjab and Haryana
Reported in : (1995)IILLJ410P& H; (1995)109PLR581
..... reply of respondent no. 1) is either totally unaware of the provisions of law or has no regard in the spirit with which the industrial disputes act, 1947, had been enacted. after almost ten months of the passing of the award and after five months of making representation (annexure p-5) by the ..... , i am clearly of the opinion that the so-called remedies available to the workman under sections 29 and 33c(2) of the industrial disputes act, 1947, cannot be termed as equally efficacious alternative remedies so as to entitle the court to deny relief to an aggrieved workman.13. here i may also ..... in compliance of the award.11. likewise, the only relief which the workman can get by making an application under section 33c(2) of the act 1947 is in the form of an order for payment of his wages. while exercising the power under that section, the labour court cannot force the employer ..... has also been stated that on account of availability of alternative remedy under section 33c(2) of the industrial disputes act, 1947 (for short, 'the act of 1947) as also under section 29 of the said act, this court should not entertain the petition.4. a replication to the reply of respondents nos.2 and 3 has ..... non-suit those who are really aggrieved by state action or arbitrariness of public authorities. the courts have to guard themselves against the allegation of being protector of haves in the society. denial of relief to the poor and small man on the grounds like availability of alternative remedy will not do .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC1856; 2002(1)ALD(Cri)792; 2002(2)ALT(Cri)133; 2002CriLJ2547; 2002(2)Crimes200(SC); (2002)2GLR1549; [2002(2)JCR273(SC)]; JT2002(4)SC92; 2002(2)KLT189(SC); 2002(3)Mh
..... , was expanded. 17. in raj deo sharma (i), an accused charged with offences under sections 5(2) & 5(1)(c) of the prevention of corruption act, 1947 came up to this court, having failed in high court, seeking quashing of prosecution against him on the ground of violation of right to speedy trial. against him ..... 311 and 258, of code of criminal procedure to effectuate the right to speedy trial. a watchful and diligent trial judge can prove to be better protector of such right than any guidelines. in appropriate casesjurisdiction of high court under section 482 of cr.p.c. andarticles 226 and 227 of constitution can ..... there may be a large number of witnesses and in some offences, by their very nature, the evidence may be lengthy. in kartar singh v. state of punjab : 1956crilj945 : 1956crilj945 another constitution bench opined that the delay is dependent on the circumstances of each case because reasons for delay will vary, such as (i) ..... and sessions, judges. for non-service of summons/orders and non-production of under trial prisoners, the usual reasons assigned are shortage of police personnel and police people being busy in vip duties or law and order duties. these can hardly be valid reasons for not making the requisite ..... police personnel available for assisting the courts in expediting the trial. the members of the bar shall also have to realize and remind themselves .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC3404; 2003(1)ALLMR(SC)314; 2002(6)ALT8(SC); JT2002(7)SC339; (2003)1MLJ129(SC); 2002(7)SCALE95; (2002)8SCC182; SUPP2SCR555
..... of applicability of article 254(1), which it could only be if it was a substantive law re-enacting or incorporating the provisions of the act 1947 act, post-constitution. that it was reserved for the consideration of the president and received his assent lend support to the fact that it was ..... rate under articles 31a, 31c, 254(2) and 304(b) is a special constituent power vested with the head of the union, as the protector and defender of the constitution and safety valve to safeguard the fundamental right of citizens and federal structure of the country's policy as adopted in ..... and received his assent on december 26, 1953. prima facie , by reason of the assent of the president, the punjab act would prevail in the state of punjab over the act of the parliament and the panchayats would be at liberty to deal with the shamlat-deh lands according to the relevant ..... the decision in gram panchayat's case (supra), wherein the court considered the alleged repugnancy between the adminsatation of evacuee property act of 1950 and the punjab common lands (regulation) act of 1953. the controversy was between the right of gram panchayats (eight petitioner-panchyats) o the shamlat-deh lands situated in ..... . therefore, that assent cannot avail the state government for the purpose of according precedence to the law made by the state legislature, namely, the punjab act of 1953, over the law made by the parliament, even within the jurisdiction of the state.'22. we are in entire agreement with the aforesaid .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1958Kant150; AIR1958Mys150; 1958CriLJ1489
..... maintained by him.she had no grouse or grievance against him. in those circumstances it cannot be expected that she would go and report the mailer to the police and involve her own protector to ruin him and ruin herself. the evidence of p.w. 38 jayamma about the unsuccessful bid or attempt made by appellants krishna and muniswamy in the company ..... 161 or section 165 or section 165-a of the indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947.according to the provisions of the criminal law amendment act special judges of the status of a sessions judge or an additional sessions judge or an assistant sessions judge are appointed for the purposes of trying ..... in the absence of such evidence it cannot be held that any of the appellants had murdered the deceased poisons and removed these jewels. in balbir singh v. state of punjab (z3), referred to above similar argument was advanced on behalf of the accused person.such an argument had found favour with the trial judge and it is on the ground ..... deceased, the statement of the appellant was held to be admissible relying upon a decision of the privy council in pulu kuri kottayya v. emperor air 1947 pc 67 (z2.). in balbir singh v. state of punjab, (s) : 1957crilj481 (z3), a statement made by an accused person who was under arrest to the investigating officer to the effect that he had buried .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2006(4)Raj2890
..... order was passed.45. now i take up bhavar lal's case, which is a case arising from bombay rents, hotel and lodging house rates control act, 1947, whereunder the definition of tenant has been given in section 5(11), which reads as under:5(11) 'tenant' means any person by whom ..... prakash's case, of course, action of the tenant in allowing one person for tailoring in cloth merchant shop was found to be subletting by the punjab and haryana high court. however, facts in that case are very telling, inasmuch as, what was found on facts was, that a part of the ..... of the landlords. though the purpose of the various rent acts appear to be the same, namely, to promote social justice by affording protection to tenants against undue harassment and exploitation by landlords, providing at ..... are intended to protect tenants against harassment and exploitation by landlords, safeguarding at the same time the legitimate interests of the landlords. the rent acts seek to preserve social harmony and promote social justice by safeguarding the interests of the tenants mainly and at the same time protecting the legitimate interests ..... . so far guljars singh's case is concerned, that was a case where the high court of punjab was considering the word 'heir' on the anvil of provisions of section 22 of hindu adoption and maintenance act, 1956. according to which, subject to the provisions of sub-section 2, the heirs of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2001(9)SC231; 2001(6)SCALE667; (2002)1SCC33
..... the evacuees from pakistan who were allotted some land on quasi-permanent tenure. after the allotment, the state government issued a notification under section 14 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 declaring its intention to make a scheme for the consolidation of the holdings and in 1955 the consolidation officer proposed substitution of some other lands of ..... by the custodian before an appropriate authority for protection of the rights na interests of the evacuee of which he is the protector and custodian, till the property is restored to the evacuee under the act. the custodian under the act does not perform only judicial or quasi-judicial powers but is also entrusted with the administration of the property having the rights ..... trustee or as a beneficiary or in any other capacity), and includes any property which has been obtained by any person from an evacuee after the 14th day of august, 1947, by any mode of transfer unless such transfer has been confirmed by the custodian, but does not include- (i) any ornaments, any wearing appeal, cooking vessels or other household ..... no reliable evidence with regard to the other owners of the property, namely ghulam mohammed and shah begum, who were found to have migrated to pakistan in the disturbances of 1947. he concluded:-'i, therefore, find strong grounds for setting aside the impugned order dated 18.8.1987 of the custodian and accept the revision petition filed by the applicants. it .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1995All420
..... forbidden. as the petitioner was a tenant in the shop since 1931, since much prior to the enforcement of u.p. temporal) control of rent and eviction act, 1947. the expression greater period, has not been defined. the word 'great' is both noun and adjective. here it is used as an adjective. in common ..... repairing shop. it means for the last more than 63 years even much prior to the enforcement of u.p. temporary central of rent and eviction act 1947 the tenant, the petitioner, has been carrying out his business of cycle and stove repairing in that shop. as the tenant has been carrying on ..... bharat singh v. management of new delhi, air 1986 sc 842.9. with the passage of time, the administration of justice can no longer be just protector of legal rights rather it must, as far as possible be dispenser of social justice inas much as justice -- social, economic and political -- is preamble to ..... 1 is the landlord of a shop 38' x 11' boundaries indicated in para 1 of the application of the respondent no. 1 situate in mohalla railway ganj, hardoi and the petitioner is tenant and runs a cycle repairing shop. as the landlord was employed in military engineering service, he wants to set ..... of accommodation, by asserting his superior rights in property or trying to exploit his position by extraction too high rents, from helpless tenants. to this extent the act contains the provisions, of beneficial legislation in favour of the tenant. (see s. ganpath raj v. state of tamil nadu, 1992 (5) (jt) sc .....Tag this Judgment!
Court : Supreme Court of India
..... matter reached this court at the instance of an accused charged with offences under sections 5(2) and 5(1)(e) of the prevention of corruption act, 1947. he was aggrieved by the order of the high court whereby his prayer for quashing the prosecution against him on the ground of violation of right ..... 258 of the code of criminal procedure to effectuate the right to speedy trial. a watchful and diligent trial judge can prove to be a better protector of such right than any guidelines. in appropriate cases, jurisdiction of the high court under section 482 crpc and articles 226 and 227 of the ..... the system of judicial administration and indulge in private retribution. in that case, the court was dealing with a case under the tada act.26. in state of punjab v. ajaib singh, a two-judge bench of this court was concerned with the question whether the order of acquittal passed by ..... do we think that not fixing any such outer limit ineffectuates the guarantee of right to speedy trial.25. in kartar singh v. state of punjab, it was stated by this court that no doubt liberty of a citizen must be zealously safeguarded by the courts but nonetheless the courts while ..... four persons and injury to twenty-four persons. the fir of the incident was registered and investigation into the crime commenced. on completion of investigation, the police filed a charge-sheet against four accused persons one of them being the present appellant, a national of pakistan for the commission of offences under .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1999)IIILLJ1022P& H; (1998)119PLR149
..... charge sheet, notice and retrenchment compensation. on account of parties failure to settle the dispute the government made a reference under section 10(1)(c) of the industrial disputes act, 1947 (for short 'the act'). in the statement of claim filed by him, the workman pleaded that he was employed as a helper electrician since january 1988, and his service was terminated w ..... of evolving methodologies to non-suit those who are really aggrieved by state action of arbitrariness of public authorities. the courts have to guard themselves against the allegation of being protector of 'haves' in the society. denial of relief to the poor and small man on the grounds like availability of alternative remedy will not do any good to the system ..... the workman sukhjinder singh submitted the joining report dated november 4, 1993, but the same was not accepted. the labour inspector grade- ii, pathankot gave notice to the general manager, punjab roadways, pathankot, to appear before him and show cause as to why recommendation for filing of challan under section 29 be not sent. the workman wrote letters dated january 4 ..... for quashing of the said award.2. the facts necessary for deciding these petitions are that on february 3, 1989, sukhjinder singh served a demand notice upon the general manager, punjab roadways, pathankot claiming reinstatement with continuity of service and full back wages by alleging that after he had continuously worked from january 6, 1988 to december 31, 1988, the employer .....Tag this Judgment!
Court : Mumbai
Reported in : (1953)55BOMLR246
..... court itself in construing article 32 in romesh thappar v. state of madras : 1950crilj1514 has taken the view that the supreme court was constituted the protector and guarantor of fundamental rights and it could not, consistently with the responsibilities so laid upon it, refuse to entertain applications seeking protection against infringement of ..... within the state, or consigned from a place within the state of bombay to a place outside the state, as the case may be, through a railway, shipping or air-craft company, or country boat registered for carrying cargo, or public motor transport service, or by registered post. in other words, ..... assessment ultimately results in a levy of tax and it has been laid down by the supreme court in the state of tripura v. the province of east bengal : 19itr132(sc) , that the initiation of assessment constitutes an actionable wrong which a party is entitled to prevent by an order issued ..... state legislature is very similar to the scheme embodied in the government of india act, and the privy council was considering the punjab alienation of land act and what was contended before it was that certain provisions of that act were ultra vires of the legislature because it contravened section 298 of the government ..... reliance has been placed on a decision of the privy council in raleigh investment co. ltd. v. governor-general in council  15 i.t.r. 332; 74 ind.ap. 50) in that case a suit was filed for a declaration that certain provisions of the income .....Tag this Judgment!