Court : Punjab and Haryana
Decided on : Oct-05-1994
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 : Allahabad
Decided on : Mar-03-1994
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
Decided on : Mar-11-1994
Reported in : 1994SCC(3)569; JT1994(2)423
..... a specified officer either under the railway protection force act or railway property (unlawful possession) act or customs act or foreign exchange regulation act is made admissible, the special procedure prescribed under this act making a confession of a person indicted under the tada act given to a police officer admissible cannot be questioned, is ..... and reasonable? the constitutional courts are sentinels on the qui vive and guardians of human rights and common man looks upon them as their protectors. where two procedures coexist and classify one procedure to one set of accused and another one for some other accused, both must satisfy ..... actual knowledge is an essential ingredient of the offence under section 8(1) read with section 23(1)(a) of the foreign exchange regulation act, 1947, when it was shown that the respondent (accused) in that case voluntarily brought gold in india without the permission of reserve bank, ..... commit any offence while on bail". he pleads to declare this clause as unconstitutional, based on the observation of the full bench of punjab and haryana high court in bimal kaur58.341. the learned additional solicitor general attempts to meet the above arguments stating that there is no ..... to extract false confession. in 1991, law quarterly review, vol. 107) "should confessions be corroborated" by rosemary patenden of university of east anglia it was stated at pp. 318-19 that coercion is produced by situational factors accusation by a person in a position of authority .....Tag this Judgment!
Court : Guwahati
Decided on : Nov-07-1994
..... as follows:the old doctrine of only relegating the aggrieved to the remedies available in civil law limits the role of the courts too much as protector and guarantor of the indefeasible rights of citizens. the courts have the obligation to satisfy the social aspirations of the citizens because the courts and the ..... the people and expected to respond to their aspirations.in para 35 it was pointed out as follows:this court and the high courts, being the protectors of the civil liberties of the citizen, have not only the power and jurisdiction but also an obligation to grant relief in exercise of its jurisdiction ..... some damages. against the decree, the defendants preferred separate appeals to the high court. wallis, c.j. held as follows:in respect of acts done by the east india company in the exercise of its sovereign powers, it could not have been made liable for the negligence of its servants in the course ..... the facts and circumstances of the case an amount of rs. 75,000/- was awarded as against the delhi administration.(13) bhagwan singh v. state of punjab (1992) 3 scc 249. the supreme court in this case relied on its earlier decision in dagdu v. state of maharashtra (1977) 3 scc 68 and ..... ralia ram jain for the loss caused to it by the negligence of the police officers employed by the respondent. on 29.9.1947, ralia ram was arrested and his belongings were searched and he was taken to the kotwali police station. some gold and silver were seized from him. the silver was returned .....Tag this Judgment!