Court : Punjab and Haryana
Decided on : Jun-04-1993
Reported in : (1993)104PLR552
..... of activities some of which qualify for exemption. others not, involves employees on the total undertaking' some of whom are not 'workmen' as in the university of delhi case (a. i. r 1963 s. c. 1873) or some departments are not productive of goods and services if isolated, even then, ..... 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948) ;(b) any activity relating to the promotion of sales or business or both carried on by an establishment but does not includes-(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with ..... raj and ors. v. state of punjab, 1988 (2) s.l.r. 7899. the learned counsel for the respondents refuted the submission made by the learned counsel for the petitioners and vehemently argued that the haryana urban development authority is an industry' as defined by the act. the question is not res integra. ..... such other activity is the predominant one. explanation :-for the purpose of this sub clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 ; or(2) hospitals or dispensaries ; or(3) educational, scientific, research to ..... . kuidip singh sethi, a.i.r. 1970 s.c. 1407 national union of commercial employees v. m.r. meher, industrial tribunal, bombay a.i.r. 1962 s.c. 1080, madras gymkhana club employees' union v. management, a.i.r. 1968 s. c. 554 the university of delhi and mother v. ram nath., .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-08-1993
Reported in : (1993)105PLR1
..... since the date of his premature retirement i.e. 30th may, 1990, with all consequential benefits.' mr. mittal placed reliance on hari dutt v. haryana state agricultural marketing board,1 air 1989 sc 1670 and devender pratap v. state of uttar pradesh,2 air 1962 sc 1334. the second reason given by mr. ..... a claim for unliquidated damages. it has been said repeatedly that observations in the said judgment were not intended to lay down any such absolute or universal rule as they appear to, on first impression. until jena's case (air 1988 sc 1520) almost all the courts in the country had upheld ..... the officer had not rejoined the parent department in compliance with the order of reversion from deputation. he referred to state of punjab v. khemi ram,4 a.i.r. 1970 s.c. 214 for the proposition that once the order is put in the course of transmission, it should be deemed to ..... , it is further contended that the arbitrator could allow interest only for the period after notice in writing under section 3(1)(b) of the interest act, 1978, had been served on the department. mr. saron placed reliance on the clarifactory observations appearing in paragraph 38 of the concurring but separate judgment ..... after he had crossed the age of 55 years. the relevant part of clause 63 provides:-'if the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever, another sole arbitrator shall be appointed as aforesaid.' it was submitted that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-01-1993
Reported in : AIR1994SC1074; JT1993(6)SC1; (1994)ILLJ162SC; 1993(3)SCALE952; (1993)4SCC727; Supp2SCR576; 1993(3)SLJ193(SC)
..... involved was of the validity of the maharashtra agricultural lands (ceiling on holdings) act, 1961 and again the device of prospective overruling was resorted to.in atam prakash v. state of haryana and ors. : 1scr399 , the question was of the validity of the punjab pre-emption act, 1913. the court while holding that the ..... ratio, the house of lords while setting aside the previous precedents laid new liability impliedly applicable to future contracts. prof. robert stevens of yale university commenting on yedley bryne ratio said that common law embodying the policy that 'sticks and stones may break my bones but words will never harm ..... of natural justice and the statutory provision was uphold by a bench of three judges. in state of gujarat v. r.g. teredesai : 1scr251 , a bench of three judges held that the enquiry officer was under no obligation or duty to make any recommendations in the matter of ..... been proved, the punishment proposed to be inflicted is unduly severe'.in general manager, eastern railway and anr. v. jawala prasad singh : (1970)iillj279sc it is reiterated that the inquiry officer ends with the making of the report. the disciplinary authority has to consider the record of the ..... on the charges against him which should be made known to him.in state of gujarat v. r.g. teredesai and anr. : 1scr251 this court held that the requirement of a reasonable opportunity would not be satisfied unless the entire report of the inquiry officer including his views .....Tag this Judgment!
Court : Patna
Decided on : Mar-02-1993
..... should strike a just balance between freedom contained in article 19(1)(d) of the constitution and the social interest to be protected. no universal rule can be laid down in this regard. the changing social conditions, the value of human life, the prevailing social philosophy and all ..... and ors. : air1993pat43 where the question of competency of the state legislature, to enact section 27 of the bihar agricultural produce markets act, 1960 was under consideration. in this context i have observed as follows:it is the question of application the doctrine ..... or logical definition but is mere enumeration of broad and comprehensive categories....(g) in the case of international tourist corporation etc. v. state of haryana and ors. : 2scr364 , it was held by the supreme court as follows:before exclusive legislative competence can be claimed for parliament by ..... where the aforesaid observation, were quoted and followed, state of west bengal v. subodh gopal : 1scr587 (5 judges bench), virendra prasad v. state of punjab and anr. : 1scr308 (5 judges bench), abdul hakim v. state of bihar : 1961crilj573 , hart chand sarda v. mizo district council :  ..... 1scr1012 , kanti lal babu lal and bros. v. h. c. paul : 1scr735 (5 judges bench), state of maharashtra v. h. n. rao : 1scr479 , jagmohan singh v. state of u. p. : 1973crilj370 , keshvananda bharti v. state of kerala : air1973sc1461 , addl. district magistrate' jabalpur v. s. shukla : 1976crilj945 , .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Sep-08-1993
Reported in : (1994)48ITD1(Delhi)
..... including the 3rd member is to be looked into and not reasons given to reach such conclusion. in this connection, shri mehra drew my attention to decision of hon'ble punjab and haryana high court in the case of citv. sobha singh jairam singh (no. 1)  183 itr 148 and of supreme court in the case of ram kumar agarwalla & bros ..... not divorced from it. the concept of levy of wealth-tax is explicitly enshrined in section 2(m) of the w.t. act, and that concept is of universal application. i may also add that it is difficult as far as i can see to agree with the view expressed by the learned am that for the purpose of ..... v. t. adinarayana setty air 1959 sc 429, (a) state of kerala v.p.p. hassan koya airsmt. tribeni devi v.collector, ranchi aircustom cavasjee cooper v.union of india (1970] 40 comp. cas. 325 (sc). the ratio of these decisions has been summed up by the karnataka high court in v.c.ramachandran v. cwt  126 itr 157. the ..... ) should, therefore, be construed only in the sense in which it has been defined in the act and in ascertaining the net wealth as per section 2(m) of the wealth-tax act, there should be aggregation of the value of all assets but excluding the agricultural lands as they have been specifically excluded from the definition of 'assets' in section 2(e .....Tag this Judgment!