header photo


Seasoned Law Firms in Supreme Court of India - Simranjeet Law Associates 815, FF, Sector 16-D,.

The main purpose and true intent and aim, object and scope of the Act is to prevent self-medication or self-treatment and for that purpose advertisements commending certain drugs and medicines have been prohibited. Justice Roberts, delivering the opinion of the court said:- " This Advocate Supreme Court India (reference) has unequivocally held that the streets are proper places for the exercise of the freedom of communicating information and disseminating opinion and that, though the states and municipalities may appropriately regulate the privilege in the public interest, they may not unduly burden or proscribe its employment in these public thoroughfares.

" It cannot be said therefore that every advertisement is a matter dealing with freedom of speech nor can it be said that it is an expression of ideas. more the consumers base, more the turnover. The advertisements in the instant case relate to commerce or trade and not to propagating of ideas; and advertising of prohibited drugs or commodities of which the sale is not in the interest of the general public cannot be speech within the meaning of freedom of speech and would not fall within Art.

That provision, however, relates only to the mode of recovery and not to the imposition of any financial burden as such on the employer. Another argument bearing on the same aspect of the case, is that the prosecution has not led evidence to show as to what are the known sources of the appellant's income. " The 'receipt' given by the appellants, and accepted by the respondent, and acted on by both parties proves conclusively that all the parties agreed to a settlement of all their existing disputes by the arrangement formulated in the 'receipt'.

We are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising. There is an essential distinction between the functions of a Secretary and a Minister; the former is a part of the department and the latter is only primarily responsible for the disposal of the business pertaining to that department. The prosecution can only lead evidence, as it has done in the instant case, to show that the accused was known to earn his living by service under the Government during the material period.

We do not subscribe to the view that such a provision infringes the fundamental right of the petitioners to carry on business under Art. We shall have occasion to deal with this provision in connection with the alleged infringement of the fundamental right under Art. Adjudicating the issue without concrete facts and figures in this regard only on some hypothetical basis is neither permissible nor justified. Those will be matters " specially within the knowledge" of the accused, within the meaning of s.

The object of affixing of the protest to the advertising circularwas the evasion of the prohibition of a city ordinance forbidding the distribution in the city streets of commercial and business advertising matter. Therefore, the possibility of avoidance of the need to increase the tariffs. 688 prohibiting the distribution in city streets of handbills bearing on one side a protest against action taken by public officials and on the other advertising matter.

There is always a possibility of maintaining the tariffs at a lower level if the consumers base is sufficiently large, i. In this connection, our attention was invited to the evidence of the Investigating Officers, and with reference to that evidence, it was contended that those officers have not said, in terms, as to what were the known sources of income of the accused, or that the salary was the only source of his income. The prosecution cannot, in the very nature of things, be expected to know the affairs of an accused person.

106 of the Evidence Act. That need not necessarily mean that there should be an enhancement in the tariffs. Now, the expression " known sources of income " must have reference to sources known to the prosecution on a thorough investigation of the case. It is a clear example of what used to be well known in common law plea ding as " accord and satisfaction by a substituted agreement ". It was not, and it could not be, contended that " known sources of income " means sources known to the accused.

The consequence is that when such an accord and satisfaction takes place the prior rights of the parties are extinguished. The further provision contained in s. It all depends upon the facts and figures. We do not doubt that the LICENSEES would necessarily have to pass on their burden to the ultimate consumers. If the respondent was attempting to use the streets of New York by distributing commercial advertising, the prohibition of the Code provisions was lawfully invoked against such conduct.

They have in fact been exchanged for the new rights; and the new agreement becomes a new departure, and the rights of all the parties are fully represented by it. 17 of the Act in regard to the recovery of money due from an employer empowering the State Government or any such authority appointed in that behalf to issue a certificate for that amount to the collector in the same manner as an arrear of land revenue was also impeached by the petitioners on this ground.

19(1) it seeks to further. No matter what were the respective rights of the parties inter se they are abandoned in consideration of the acceptance by all of a new agreement. In every case one has to see what is the nature of the advertisement and what activity falling under Art.

Seasoned Lawyers in Supreme Court of India - SimranLaw 815, Sec 16D, Chandigarh - Rumored Buzz on.

83(3) of the Act or under Order VI, rule 17 of the Code of Civil Procedure to allow the amendment. He met the workers and on April 21, 1953, that is, after the termination of the first of the two strikes, suggested certain terms for the settlement of the dispute. The State of Hyderabad (1), and Habeeb Mohamad v. We may also state that it has not been contended before us that there can be no discharge till a worker's name is removed from the roll and, without more, we do not think that we would have accepted that contention if made.

The appellants preferred an appeal against that order to this Court and contended that the Election Tribunal had no power either under s. The Judgment of the Court was delivered by SARKAR J. The State of Hyderabad (5). The main contentions on behalf of the hotels are two, namely, (1) are any wages payable at all to workmen who are suspended pending permission being sought under s. -There are five appellants before us. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration.

Clause 4 read with the principles specified must also be held for the same reason to be a reasonable restriction. If there is any contravention of the said provisions, the occupier, who is defined as a person who has ultimate control over the affairs of the factory, and the manager are guilty of offences punishable under the Act. What had happened was that the Labour Minister of the Government of West Bengal had intervened in the dispute between the Company and its workers.

It is now well established that while article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. The removal of the name of a worker from the roll follows his discharge and that is 42 326 what was meant by the statement in the notice " that the formal discharge had been kept pending. " The circumstances which led to the issuing of the notice of April 25 also show that the workers had actually been discharged on April 10.

The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. No adult worker shall be required or allowed to work in any such 1346 factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory. It is also well-established by the decisions of this Court that article 14 condemns discrimination not only by a substantive law but also by a law of procedure.

33 of the Act for their dismissal ? The State of Bombay (3), Quasim Razvi v. In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group and (ii) that differentia must have a rational relation to the object sought to be achieved by the statute in question.

The gist of the aforesaid provisions relevant to the question raised may be stated thus: The Manager of a factory-factory is defined under the Act as the premises wherein a specified number of workers are working and in any part of which a manufacturing process is carried on, with or without the aid of power-shall maintain a register of adult workers working in that factory, showing the necessary particulars mentioned in s. It must therefore be held that cl. 161 Sarkar (1), Kathi Raning Rawat v.

The classification on the basis of gross revenue was attacked by the petitioners on the ground that in the gross revenue which is earned by the newspaper establishments, advertisement revenue ordinarily forms a large bulk of such revenue and the revenue earned by circulation of newspapers forms more often than not a small part of the same, though Advocate in Supreme Court of India - click the next internet page - regard to language newspapers the position may be some- what different. It is, therefore, not necessary to enter upon any lengthy discussion as to the meaning, scope and effect of the' article in question.

Unless, therefore, the proportion of advertisement revenue in the gross revenue of newspaper establishments were taken into consideration, it would not be possible to form a correct estimate of the financial status of that newspaper establishment with a view to its classification. 3 of the Order even though it results in the elimination of the dealer from the trade is a reasonable restriction in the interests of the general public.

and (2) is an industrial tribunal competent to grant interim relief without making an interim award which should have been published ? The State of Saurashtra (2), Lachmandas Kewalram Ahuja v. Four of them were employees of a company called the Indian Iron it emphasises that the real discharge had already taken place. In that context, this Court elaborately considered the scope of the power of the Election Tribunal to amend the pleadings in an election dispute and summarized its views in the following two propositions, at p.

The petitioners on the other hand suggested that the profit and loss of the newspaper establishments should be adopted as the proper test and if that were adopted a different 179 picture altogether would be drawn. " It is in the light of these observations that we shall now proceed to consider whether the impugned Act violates the fundamental right of the petitioners guaranteed under Art. The balancesheets and the profit and loss accounts of the several newspaper establishments would require to be considered and it was contended that even if the gross revenue of a particlar newspaper establishment were so large as to justify its inclusion on the basis of gross revenue in Class " A " or Class " B " it might be working at a loss and its classification as such would not be justified.

Best Law Firms in Supreme Court of India - Advocate Simranjeet Singh Sidhu +919876616815 - 5.

As regards ornaments, the evidence is that usually she wore certain ornaments which might be of some value. The appellant in reply denied that there was a trust, much less a public trust, and claimed the idol and the properties as private. I proceed now to consider the question whether Laxmibai had died of poisoning. They were of small sizes. In adopting this course, all the members of the Board seem to have lost sight of the fact that the essential prerequisite of deciding the wage structure was to consider the capacity of the industry to pay and this, in our opinion, introduces a fatal infirmity in the decision of the Board.

Mouskar could have done much to help the appellant. On April 23, 1942, the first four respondents made an application to the District Supreme Court of India Advocate (this website) tinder s. Hospital, she had no ornaments on her person and no moneys with her and even her bag and bedding had disappeared. If we had been satisfied that the Board had considered this aspect of the matter, we would naturally have been reluctant to accept any challenge to the validity of the decision on the ground that the capacity to pay had not been properly considered.

It cannot be said that if these other doctors found anything wrong, Dr. In my view, if it could be established in this case that Laxmibai had died an unnatural death the conclusion would be inevitable that that unnatural death had been brought about by poison; no other kind of unnatural death could be possible on the facts of this case. It is suggested that the appellant had removed them and that this again proves that he had conceived the idea of misappropriating her properties even during her life time which supports the theory that he caused her death.

The whole of the 192 record before the Board including the chairman's note gives no indication at all that an attempt was made by the Board to consider the capacity of the industry to pay in this manner. It is reasonable to think that in the bag Laxmibai had taken a few wearing apparels which she might need for her stay in Bombay which the evidence shows she thought would not be of more than four days. If possible, an attempt can also be made, and is often made, to project the burden of the wage structure into two or three succeeding years and determine how it affects the financial position of the employer.

If the industry is divided into different classes it may not be necessary to consider the capacity of each individual unit to pay but it would certainly be necessary to consider the capacity of the respective classes to-bear the burden imposed on them. None of the witnesses, however, who saw her the day she left Poona, has said that they found ornaments on her person. 3 of the Charitable and Religious Trusts Act, 1920 (No. He claimed in the suit three declarations, which were as follows : 14 of 1920), hereinafter called the Act, against the appellant and two others asking that the appellant be directed to furnish full particulars of the properties and their application and for accounts of the income as also of the properties during the three preceding years.

The box and the bedding, must, therefore, have been of very insignificant value. Indeed, the proceedings show that the demands made by the representatives of the employees and the concessions made by the employers' representatives were taken as rival contentions and the Chairman did his best to arrive at his final decision on the usual basis of give and take. So it seems to me impossible to draw any inference against the appellant from the fact that he had taken the unconscious Laxmibai to the comparatively distant G.

The removal of the ornaments would have been noticed by the other passengers or if done later, by the stretcher bearers or the taxi driver. 5(3) of the Act, and the suit out of which the present appeal arises, was filed on March 21, 1943. Now it is too much to assume that in the compartment in which they were travelling there were no other passengers. A cross-section of these respective classes may have to be taken for careful examination and all relevant factors may have to be borne in mind in deciding what burden the class considered as a whole can bear.

Then again, if the appellant had taken off the ornaments from the person of Laxmibai he must have done it in the train or while taking her to the hospital. It is then pointed out that when Laxmibai was admitted to the G. I do not suggest that poison had to be found in her system. Now the bedding and bag can be dismissed at once, 543 There is no evidence as to what they contained. Mouskar was not in charge of the treatment of patients in the hospital but only performed administrative functions and that the unconscious Laxmibai would have to be treated by other doctors.

It is not at all unlikely that as she was going to Bombay and was not sure where she would have to put up there, she had as a measure of safety, taken off the ornaments she usually wore, before she left Poona. Industrial adjudication is familiar with the method which is usually adopted to determine the capacity of the employer to pay the burden sought to be imposed on him. He understook to bring a suit under s.

Seasoned Advocates in Supreme Court of India - Simranjeet Law Associates 815, FF, Sector 16-D,.

Consistently enough, the Tribunal ought to have accepted the' explanation of the appellant in regard to the whole of the sum of Rs. The facts leading tip to this appeal are as follows For the assessment year 1945-46, a public notice under s. He argued that merely because in the case of Patwari village, the Government had entered into an agreement with some of the villagers for payment of compensation by increasing it by 64.

" The proof-reader is another important link in the production of a newspaper. Prior thereto, the Release Medical Board held on 30. 7% in writ petition filed under Article 226 as it was not a public law remedy. The Union of India in its reply did categorically state that the Medical Board was of the opinion that the disabilities of the respondent were neither attributable to nor aggravated by the Army service and were instead constitutional in nature.

His plea in this behalf was that Land Acquisition Act provided for complete machinery for determination of the compensation and reference by the land owners under Section 18 of the Act had already been sought and present way to matters are pending before the Reference Supreme Court of India Advocate (Learn Additional Here) to determine the market value of the land. 2,91,000 and held that the appellant had satisfactorily explained the encashment of the 291 high denomination notes of Rs. 70%, would not mean that High Court could extend that to all villages in the absence of any agreement with those parties.

It was also argued by Mr. The Income-tax Officer, while examining the books of account of a partnership called the " Assar Syndicate " of which the assessee was a partner, found that in the account year corresponding to the assessment year 1945-46, there were six cash credits aggregating to Rs. Here again, it was pleaded, the High Court could not tinker with the said policy by enhancing the entitlement for allotment to 10%. He has to be very careful in correcting mistakes and pointing out any error of fact or grammar that has crept into any news item or article through oversight or hurry on the part of the sub-editor.

Rao that the High Court could not have enhanced the compensation by 64. It was also argued that in any case once the compensation was enhanced, there was no reason to give allotment of larger area of land and it amounted to giving double benefit to the land owners. These provisions taken each one by itself may not have the effect of destroying the petitioners' business altogether or even crippling it in the manner indicated but taken cumulatively along with the provisions contained in ss.

This notice was published on or about May 1, 1945. The hours of work prescribed were 144 hours only during any period of four consecutive weeks and they were 152 far less in number than the hours of work recommended by the Press Commission Report. In the same wave length, he challenged the direction for allotment of developed Abadi plot to the extent of 10% of the acquired land subject to maximum of 2500 square metres by pointing out that the aforesaid allotment was under the scheme of the Government which provided for allotment of 5% developed Abadi plot in respect of Noida land and 6% of developed Abadi plot where the land acquired was situated in Greater Noida.

14 and 15 of the impugned Act which applied the provisions of the Industrial Employment (Standing Orders) Act, 1946, and, the Employees' Provident funds Act, 1952, to newspaper establishments would certainly bring about that result and would therefore constitute an unreasonable restriction on the, petitioners' right to carry on business. On him depends, not to a small extent, the reputation of a paper. The assessee did not make a return of his income.

1,000 each on January 19, 1946. According to it, though monetary benefits as allowable under the relevant rules were released to the respondent, his claim for disability pension was rejected being impermissible. 22(1) of the Income-tax Act (hereinafter called the Act) was issued, requiring every person whose total income during the previous year exceeded the maximum amount which was not chargeable to income-tax to furnish, within such period not being less than sixty days as might be specified in the notice, a return of his income in the prescribed form and verified in the prescribed manner.

The provision with regard to retrenchment was also made applicable retrospectively to all cases of retrenchment which had occurred between July 14, 1954, and March 12, 1955 ; so also the payment of gratuity was ordered not only in the cases usually provided for but also in cases where a working journalist who had been in continuous service for not less than three years voluntarily resigned from service from a newspaper establishment. The fixation of rates of wages was entrusted to the Wage Board which could fix any wages which it thought proper irrespective of the capacity of the industry to pay and might be such as the industry could not bear.

2001 at Military Hospital, Jabalpur assessed the disability Generalised Tonic Clonic Seizure-345 at 20% for 2 years, disability Neurotic Depression (ICD)300 at 11-14% for 2 years and the composite assessment of disability at 20%.

Top Advocates in Supreme Court of India - Advocate Simranjeet Singh Sidhu 9876616815 - The best.

Section 4 of the Act imposes a prohibition on the possession of, and trading in, mica without licence, proprietor's certificate, or digger's permit. Sections 5 and 6 prescribe a machinery for granting proprietor's certificate, miner's or dealer's licence. The Act was passed in the year 1947 and was amended from time to time. The declared object of the Act is " to regulate the possession and transport of, and trading in, mica in the Province of Bihar ".

In this appeal, by special leave, the State of M. 134/2009 and convicted the respondent-accused herein under Section 354 of the IPC and restricted the sentence to the period already undergone which is slightly more than one year. Section 5A stipulates charge of luxury tax. We are of the opinion, therefore, that in the peculiar facts and circumstances of the case, the appellants are not entitled to any relief although dispensation of enquiry under Section 5A was not justified.

7 square metres or more and completed on or after the 1st day of April, 1999. We are of the view that the words of the proviso are clear enough and bear their ordinary plain meaning. The said provision, being of significance, to deal with the controversy in hand, is reproduced below:- 5A. There is no substance in the third point. Apart from the fact that these points not having been raised by the appellants in their writ petition or urged before the High Court, we should be reluctant to permit them to raise these points for the first time in this Supreme Court of India Lawyers (their website), we may, in passing, point out that the offences for which the appellants are being prosecuted are said to have taken place in June 1957 and that they have been allowed to engage lawyers of their choice.

5 of the Constitution-Act was repealed in 1951. According to the accepted connotation of the words used in the proviso, the second condition means what it states and what has to be referred to the State Legislature is the proposal contained in the Bill; it has no such drastic effect as to require a fresh reference every time an amendment of the proposal contained in the Bill is moved and accepted in accordance with the rules of procedure of Parliament.

4 (1) of the Ordinance is hit by Art. The learned Counsel for the petitioner did not controvert the position, and indeed conceded that reasonable restrictions can legitimately be imposed on the mining operations of the petitioner. Section 22 to 24 deal with miscellaneous matters, such as the power Of a police officer to arrest without warrant persons guilty of an offence under this Act, to search, seize and detain mica removed without a pass etc.

Sections 10 to 12 define the duties of licensees and registered proprietors in the matter of keeping accounts and producing them for inspection. We are referring to these difficulties not because we think that a forced meaning should be given to the words of the proviso to avoid certain difficulties which may arise. It was necessitated, presumably, because of the scarcity of mica and its importance in the industrial field, and for that reason for regulating home consumption and foreign export.

208 of the Code of Criminal Procedure. 20 (1) of the Constitution, (ii) s. The proceedings having begun as in a warrant case, if the Magistrate, at a subsequent stage, was of the view that the case should be committed to the Court of Sessions, he had to act under s. 808 of 2009 whereby he has set aside the conviction under Section 376(2)(f) read with Section 511 of the Indian Penal Code (IPC) and the sentence imposed on that score, that is, rigorous imprisonment of five years by the learned Sessions Judge, Guna in ST No.

The main contentions of the appellants in the High Court were that the Ordinance was unconstitutional and void by reason of the violation of Art. 22 (1) of the Constitution, and (iii) the Special Judge has no jurisdiction to try an offence under the Explosive Substances Act. - (1) Notwithstanding anything contained in this Act, there shall be charged a luxury tax of two thousand rupees annually on all residential buildings having a plinth area of 278. in Criminal Appeal No. They can therefore have no grievance so far as the first two points are concerned and we leave them to be decided in a case where there is grievance.

The only question of practical importance, that arises in such a strike is, what should be the kind and quantum of the punishment to be meted out to the participants and that question has to be decided on the charge-sheet served on each individual workman and modulated accordingly. Section 14 prohibits 617 the removal of mica from one place to another without a pass. 14 of the Constitution and that His Highness had no legislative competence to enact it and that in any case it came to an end when s.

It now remains to notice three points that were urged during the course of arguments on behalf of the appellants, namely, (i) s. Sections 17, 19 and 21A impose penalties for the infringement of the provisions of the Act an the rules made thereunder. calls in question the legal acceptability of the judgment and order passed by the learned Single Judge of the High Court of M.

Most Famous Lawyers in Supreme Court of India - Advocate Simranjeet Singh Sidhu House Number 815,.

Chidambaram Chettiar, the father of appellant 1 and the respondent, died on August 20, 1926. Justice Higgins has, at other places, explained what he meant by this cryptic pronouncement. Appellant 1 had already been associated with his father in the management of the business and on his father's death he became the manager of the family and took charge of its affairs and business. , (1), is very apposite in this context: Nor does the passage of private statutes, when' lawful, are enacted on petition, or by the consent of all concerned; or else they forbear to interfere with past translations and vested rights.

, as well as regard for the special skill of an artisan if he is one ". " The Queensland Industrial Conciliation and Arbitration Act provides that the basic wage paid to an adult male employee shall not be less than is " sufficient to maintain a well-conducted employee of average health, strength and competence and his wife and a family of three children in a fair and average standard of comfort, having regard to the conditions of living prevailing among employees in the calling in respect of which such basic wage is fixed, and provided that in fixing such basic wage the earnings of the children or wife of such employee shall not be taken into account ".

245 of 1955, arising out of the Award dated July 14, 1955, of the Industrial Tribunal, Bombay, in Reference (I. 70 thus serves the purpose of clarifying the position that the Factories Act is made applicable to employees in factories and that they are not governed by any of the provisions of the Act. On September 6, 1941, the respondent gave notice to appellant 1 calling upon him to effect a partition and to render accounts of his management and the properties of the family.

, that the amount of Rs. In a Tentative Budget Inquiry conducted in the United States of America in 1919 the Commissioner of the Bureau of Labour Statistics analysed the budgets with reference to three concepts, viz. Radhakrishnan, Common Parlance theory shall also apply in this case inasmuch as in the market and to the general consumers of this product, it was known as photocopying/ duplicating machine only and not as printing machine, which was its principal function.

, (i) the pauper and poverty level, (ii) the minimum of subsistence level, and, (iii) the minimum of health and comfort level,and adopted the last for the determination of the living wage. " He explained himself further by saying that it was a wage " sufficient to insure the workmen food, shelter, clothing frugal comfort, provision for evil days, etc. 70 has provided that notwithstanding the said provision the relevant provisions of the Factories Act will apply to persons employed in a factory.

" The following classic passage from the opinion of Holmes, J. 59,026 could not and should not have been included in his income, that the amended S. It is in reference to this provision that s. " It is the province of judicial power, also to decide private disputes between or concerning persons; but of legislative power to regulate public concerns, and to make laws for the benefit and welfare of the State. 34 of the Act had no retrospective effect, and that the assessment completed on February 26, 1951 was invalid, inasmuch as it was completed four years after.

It would have been possible for the Legislature to include in the present statute all the relevant provisions of the Factories Act and make them applicable to factories as defined by s. 2(1), and it necessarily involves the consequence that the relevant provision about the payment of overtime wages applies only to workers as defined and not to employees in factories who are not workers. The assessee appealed, in turn, to the Appellate Assistant Commissioner and the Income-tax Appellate Tribunal.

The non-obstante clause in s. Atlantic Coast Line Co. Appeal by special leave from the decision dated June 29, 1955, of the Labour Appellate Tribunal of India, Bombay, in Appeal (Bombay) No. At the time of his death the respondent was an 212 infant 6 years of age. This conclusion is obviously consistent -with the policy of the Act. According to the South Australian Act of 1912, the living wage means " a sum 80 sufficient for the normal and reasonable needs of the average employee living in a locality where work under consideration is done or is to be done.

He defined the living wage as one appropriate for " the normal needs of the average employee, regarded as a human being living in a civilized community ". the end of the relevant assessment year. Both the Appellate Assistant Commissioner as well as the Tribunal rejected his contentions, but the Tribunal on being moved by him, raised and referred two questions of law under s. In a subsequent case he observed that " treating marriage as the usual fate of adult men, a wage which does not allow of the matrimonial condition and the maintenance of about five persons in a home would not be treated as a living wage".

The living wage must provide not merely for absolute essentials such as food, shelter and clothing but for " a condition of frugal comfort estimated by current human standards. His contentions were three, viz. 66(1) of the Act to the High Court of Judicature, Bombay, for its decision. This part provides that the provisions of the Factories Act shall apply to the persons in question notwithstanding anything contained in the said Act. 4 and hours of work, imposed unreasonable restrictions on their fundamental right to carry on business.

2(9); but apparently the Legislature thought that the same object can be achieved by enacting the second part of s. There could be no substance in the contention of the peti- tioners that the provisions of the impugned Act relating to proofreaders, whom it included within the definition of working journalists, period of notice under s. The said Act contains the provision by which workers are defined under s.

3(2), retrospective operation in cases specified by s. It has itself made provision for the payment of overtime wages to employees in all establishments by s.

Top Notch Law Firms in Supreme Court of India - SimranLaw 9876616815 - What Does Advocate Mean?

Whether they exercise these functions or not is thus to be determined by the relevant provisions of the statutes incorporating them and it would be impossible to lay down any universal rule which would help in the' determination of this question. The main question that arose for decision both in the High Court, and Supreme Court, oil appeal by special leave, was whether the provisions of s. Where Government provided a media for the settlement of disputes and claims between citizen,,, and citizens there was no question of any contravention of fundamental rights which were protected against governmental encroachment.

In these circumstances he shall be entitled to an indemnity. This is however not all, and regard must be had to the provisions of the statutes constituting the wage boards. The last ground talks of the Wage Board being handicapped for want of Cost of Living Index. If on a scrutiny of the provisions in regard thereto one can come to the conclusion that they are appointed only with a view to determine the relations between the employers and the employees in the future in regard to the wages payable to the employees there would be justification for holding that they were performing legislative functions.

" The other exception is where the employee has been in continuous service of the employer for a period of more than 15 years. This indemnity is payable in the same manner as was the salary. That does not, however, conclude the matter. We need not, therefore, discuss this point any further. and he conceded that in 1910 when the Act was passed the Legislature was competent to -pass it and it then suffered from no infirmity. 2(1) of the Act and came to the conclusion, on the facts of that case, that the persons therein were workers of the factory.

This ground also cannot avail the petitioners for the simple reason that the decision of the Wage Board itself referred in Clause 24 thereof to the all India cost of living index number published by the Labour Bureau of the Government of India 0 Base 1944: 100 and fixed the dearness allowance in relation to the same. 31(2) it was ultimately given up. In the present case, however, we have in, the forefront of the impugned Act a provision as to the application of the Industrial Disputes Act 1947, to working journalists.

89 of the Code of Civil Procedure apply to a sale held by a receiver appointed by the Court. (1) ˜wireless communication means any transmission, omission or reception of signs, signals, writing, images and sounds, or intelligence of any nature by means of electricity, magnetism, or Radio waves or Hertzian waves, without the use of wires or other continuous electrical conductors between the transmitting and the receiving apparatus; May 14, 2015 ----------------------- [1] Section 2.

If, however, on a consideration of all the relevant provisions of the statutes bringing the wage boards into existence, it appears that the powers and procedure exercised by them are assimilated to those of Industrial Tribunals or their adjudications are subject to judicial review at the hands of higher Tribunals exercising- judicial or quasi-judicial 113 functions, it cannot be predicated that these wage boards are exercising legislative functions. No doubt certain specific provisions as to payment of gratuity, hours of work and leave are specifically enacted, but when we come to the fixation of rates of wages we find that a wage board has been constituted for the purpose.

These are the two opposite points of view which have been pressed before us and it is impossible to state that the functions performed by the wage boards are necessarily of a legislative character. The High Court answered this question in the negative. If that were the only' consideration the dictum of Justice Holmes cited above would apply and the functions performed by these wage boards would be invested with a legislative character. It is no doubt true that their determinations bind not only the employers and the employees in the present, but they also operate when accepted by the appropriate government or authorities and notified in accordance with law, to bind the future employers and employees in the industry.

The decision in State v. It will, therefore, be necessary to specifically notice the said objections raised by the Union. These statistics were available to the Wage Board and it cannot be said that the Wage Board was in any manner whatever handicapped in that respect. The principles to be followed by the Wage Board for fixing rates of wages are also laid down and the decision of the Board is to be published in the same manner as awards of industrial courts,under the Industrial Disputes Act.

Shri Krishna Prasad Dar need not be considered in detail as the learned Judges therein accepted the same interpretation that we have placed on the provisions of s. That is why though an attempt was made to press into service Art. The Union in its response to the guidelines of the Committee has been more categorical in suggesting certain changes as well as deletion of some of the recommendations. If a marked change takes place in the character 158 or fundamental policy of the newspaper, if the concern no longer has the same moral, political or religious character that it had at the moment when an editorial employee was engaged and if this change is such as to prejudice his honour, his reputation or, in a general way, his moral interests, he may demand his instant release.

Nothing in law prevented the High Court from finding that the unlawful assembly consisted of the four convicted persons and some unidentified persons, who together numbered more than five.

Most Famous Advocates in Supreme Court of India - Simranjeet Law Associates +919876616815 - What.

5 of the memorandum, the main duty being to organise and conduct publicity for the programmes and other activities of a Radio Station. Srinivasan, appellant before us, was appointed to a post of Liaison Officer, All India Radio, on a pay of Rs. In Board of Muslim Wakfs v. The duties of a Liaison Officer were stated in para. While Government was considering the representation of the appellant, the Union Public Service Commission interviewed in March, 1953, candidates for the posts of Assistant Station Directors.

The designation Liaison Officer was later changed to Public Relations Officer, and along with other posts of Listener Research Officer and Assistant Station Director, the posts of Public Relations Officers were upgraded to Rs. 4 of the memorandum, which need not be set out at this stage. Radha Kishan, it has been observed that:- While it is true that under the guise of judicial interpretation the court cannot supply casus omissus, it is equally true that the courts in construing an Act of Parliament must always try to give effect to the intention of the legislature.

In the first instance the appointments were made on probation for six months subject to termination on certain conditions mentioned in para. The first condition thus laid down is that the term of the lease should be renewed at the option of the lessee for one period not exceeding the duration of the original lease. 450-25-500-30-800 with effect from January 1, 1947. In this regard we may, with profit, refer to certain authorities in the field.

2(1)A/50 in which it was stated that whereas the appellant had been in continuous Government service for more than three years and a declaration had been issued to him in pursuance of rr. 3 and 4 of the Central Civil Services (Temporary Service) Rules, 1949, and whereas an appointment to the post of Public Relations Officer was required to be made in consultation with the Union Public Service Commission and their concurrence to the appointment had been obtained, the appellant was appointed to the Public Relations Officer's grade in a quasi-permanent capacity with effect from May 1, 1949.

350 per month in the scale of Rs. On May 23, 1952, the Director General, All India Radio, passed an order bearing 1298 No. On September 3, 1952, however, the appellant received an order from the said Director-General in which it was stated that his services would not be required after October 6, 1952. -On May 1, 1946, Shri K. To do so ˜would be entrenching upon the preserves of legislature. Then, on October 4, 1952, the appellant submitted a further representation in which he said that under the rules in question, namely the Central Civil Service (Temporary Service) Rules, 1949, he was entitled to be retained in service in a post of the same grade and under the same appointing authority ; and it was, therefore, not necessary that he should be reselected for the post of Assistant Station Director by the Union Public Service Commission, In 1299 the concluding paragraph of his representation the appellant stated that in deference to the suggestion made in the letter of the Director-General dated September 19, 1952, he was enclosing an application to the Union Public Service Commission for the post of Assistant Station Director and if, after due consideration, the Director-General decided that the appellant should apply for the post of Assistant Station Director, his application should be forwarded to the Union Public Service Commission.

Spooner[7] the Judicial Committee said: The argument is wholly untenable. The appellant was naturally taken by surprise on receipt of this order and made a representation on September 8, 1952, in which he stated that as a quasi-permanent Public Relations Officer he had a claim to an alternative post in the same grade, so long as any post in the same grade was held by a Government servant not in permanent or quasi-permanent service. On September 13, 1952, the appellant was informed by means of an order that he was appointed to officiate as Assistant Station Director, Madras (the appellant was then working as Public Relations Officer, All India Radio, Madras) in a purely temporary capacity until further orders.

The effect of this rule is, as it were, to insert statutorily some new terms in the lease itself. It was stated in the said memorandum that the posts were permanent and pensionable, but would be filled on a temporary basis; the memorandum further stated that if the persons concerned were retained in service and confirmed in the posts, they would be allowed pensionary benefits and would also be eligible to contribute to the General Provident Fund. 369 the conclusion which counsel wished us to draw was that the Act read with Rules shows that the pith and substance is not merely levying an excise duty but the possession of and trade in tobacco was also regulated and therefore the subject matter of the Act did not fall exclusively in the legislative field covered by List 1 but it trenched upon the provincial field of legislation and must be held to fall under List 11 also.

The appointment was made on the recommendation of the then Federal Public Service Commission, and the advertisement or memorandum of information for candidates, as it is more properly called, issued by the Public Service Commission when calling for applications for the said post, related to the recruitment for nine posts of Listeners' Research Officers and nine posts of Liaison Officers, All India Radio. Parson Tools and Plants[6], the Court has held that if the legislature wilfully omits to incorporate something of an analogous law in a subsequent statute, or even if there is a casus omissus in a statute, the language of which is otherwise plain and unambiguous, the court is not competent to supply the omission by engrafting on it or introducing in it, under the guise of interpretation, by analogy or implication, something what it thinks to be a general principle of justice and equity.

That' rule provides that a mining lease granted by a private person shall be subject to certain conditions therein specified. In other words, this rule does not do anything more than add some terms to the lease. On September 19, 1952, the appellant was informed that his representation dated September 8, 1952, was under consideration and a suggestion was made that in the meantime he should apply for one of the posts of Assistant Station Directors which had been advertised by the Union Public Service Commission.

When, however, the lease is determined under the second proviso, these terms must also fall with it.

Client Centric Advocates in Supreme Court of India - Simranjeet Law Associates +919876616815 - 5.

The guardian also took the same stand throughout the minority of the plaintiff. The question that arises now is this: in view of these findings of the High Court, can it be said that the High Court wrongly applied s. Section 27, which is a provision of the Act, enables the Market Committee to make bye-laws for the regulation of the business and the conditions of trading in the market area. mouskar's conduct after the death of Laxmibai and his evidence in court showed that he wanted to assist the appellant; (d) Dr.

Even the gardens were described by her as belonging to the deity and not to any individual. 27 of the Act more effectively, the Government made a rule prohibiting a trader from doing business in a market area without licence, and the Market Committee prescribed the fees payable in respect of the licence. That the legislature conferred such a power on the State Government is also supported by the provisions of s.

To go back to the arguments urged on behalf of the appellants; it is necessary, first, to understand clearly what the finding of the final Court of fact is. As part of the performance audit of the Ministry/Department/Agency " there shall be separate audit of the compliance of Advertisement Guidelines by the Ministry/Department/Agency concerned; and The annual report of such ministry/department/agency shall publish the findings of such audit and the money spent on advertising.

The Act and the Rules do not require that the warrant of authorisation should specify the particulars of documents and books of accounts a general [pic]authorisation to search for and seize documents and books of account relevant to or useful for any proceeding complies with the requirements of the Act and the Rules. It was stated on this occasion as follows: In the year 1907 when the plaintiff was still a minor, his mother made a deposition as a witness.

The rule was certainly one made for the purpose of facilitating the Market Committee to function effectively under s. We have earlier quoted that finding in the very words in which the learned Judges of the High Court expressed it. To enable the Market Committee to discharge its functions under s. The reasons on which this finding is based may be thus stated: (a) Dr. She stated that there were Annachatra and Sadavarat Kulkarni Inams and other Inams, but that they all belonged to the Sansthan, and that there was " no private (or personal) property at all".

That clearly is not the finding of the High Court, because it says that " the identity of all the persons has not been established except that of accused nos. Even earlier, in 1899 the father and uncle of the present appellant stated that the village, Savergaon, one of the items of the properties of the Devasthan, was not in the private ownership of any person. 149, because the number of convicted persons was only four? Anija and Mouskar had lied with regard to this part of their evidence; (c) Dr.

We think that the answer must be in the negative. An error committed by the Officer in seizing documents which may ultimately be found not to be useful for or relevant to the proceeding under the Act will not by itself vitiate the search, nor will it entitle the aggrieved person to an omnibus order releasing all documents seized. nIn the decision reported in Vodafone International Holdings (supra), three Judge Bench considered the question whether Section 9(1)(i) of the Income Tax Act can be said to be a provision enabling the Income Tax Department to apply the principle of look through.

Mouskar was an old friend of the 70 550 appellant; (b) both Drs. The said contention raised on behalf of the revenue was rejected by holding as under in paragraph 93 The real issue which was considered by this Court on that aspect was based on the contention raised by the revenue that under Section 9(1)(i), it can look through the transfer of shares of a foreign company, holding shares in Indian company and treat the transfer of shares in the foreign company as equivalent to the transfer of shares to Indian companies on the premise that Section 9(1)(i) covers direct and indirect transfers of capital assets.

That finding stated-(1) there was no doubt that more than five persons constituted the unlawful assembly, though the identity of all the persons except those four who were convicted was not established ; (2) that the total number of persons constituting the unlawful assembly was ten to thirteen; (3) that all the ten to thirteen persons had the common object and common intention of killing Kurji, Harji and Mitha; and lastly (4) that the killing was done in prosecution of the common object of the unlawful assembly and in furtherance of the common intention of all, and the appellants took a major part in the assault on two of the brothers, Kurji and Harji.

It can do so for the purposes of carrying out the provisions of the Act. We may say at once that the High Court does not find that the unlawful assembly con- sisted of the four convicted persons and some of the 181 acquitted persons. It is for the officer making the search to exercise his judgment and seize or not to seize any documents or books of account.

Client Centric Law Firms in Supreme Court of India - Advocate Simranjeet Singh Sidhu 815, Sec 16D,.

Act has any relevance or efficacy, including the legal necessity of passing an Award. It has become alarmingly commonplace for lands to be expropriated under the banner of urgency or even under the normal procedure, only to be followed by a withdrawal or retraction from this exercise enabling a favoured few to harvest the ill-begotten windfall. It is indeed ironical that what was, as far back as in 1987, perceived as an imperative, urgent and exigent necessity, justifying the steamrolling of the rights of citizens, has proved substantially to be a fallow and ill-conceived requirement even after the passage of three decades; till date, tracts of the acquired land remain unutilized; the initially declared purpose of construction of residential quarters for State officials having novated to portions of the land being used as helipads for ˜State Dignitaries.

Act for brevity) as amended from time to time, requires an Award to be passed even in respect of lands expropriated by the State pursuant to the exercise of special powers in cases of urgency contained in Section 17 thereof. The amendments sought to be made in the election petition were as follows: The first contention of the petitioners in this petition is that after the scheme had been approved and published under Chapter IV-A of the Act, it was the 134 duty of the Department to apply under s.

13 in interpreting the words " reasonable restrictions " on the exercise of the right as used in cl. The ambivalence or cleavage of opinion of this Court in Delhi Airtech Services (P) Ltd. The legal nodus that we are called upon to unravel in this Appeal is whether the Land Acquisition Act, 1894 (L. In the petition he alleged ten grounds to sustain his petition. Rules of interpretation may not be applicable if the notification commands and require a different understanding.

(2011) 9 SCC 354 on the necessity to pay the erstwhile owners of land of even its unilaterally assessed value has emboldened and spurred the State into contending before us that no sooner the urgency mantra is mouthed, no other provision of the L. Opposing the contentions advanced on behalf of the appellants, Shri Gurukrishna Kumar, learned senior counsel for the Revenue has urged that the opinion of the Attorney General relied upon and the CBDT Circular has no relevance to the present case inasmuch as the agreements between ONGC and the non-resident companies made it abundantly clear that what is paid to the non-resident company are fees for technical services rendered.

It has to be understood in the context. It is reasonable to think that the makers of the Constitution considered the word restriction " to be sufficiently wide to save laws inconsistent " with Art. The Department in this case applied only for some of the routes and in particular it was pointed out that there was no application at any rate for one out of the fourteen routes included in the scheme. Our opinion intends to insulate genuinely urgent projects from lapsing and not to annihilate the constitutional rights of the individual from the might of the State even though it transgresses the essence of the statute.

, after the prescribed period 292 of limitation of 45 days had expired, the respondent filed an application for amendment of the election petition. The greater the restriction, the more the need for strict scrutiny by the Court. The contention that a law prohibiting the exercise of a fundamental right is in no case saved, cannot therefore be accepted. 68F for all the routes covered by the scheme and it was only, when the Department applied for all the routes, that it would be open to the Authority to reject the applications for renewal made by the petitioners.

In Maestro Motors (supra), it is elucidated that one has to examine the notification and then refer to serial number of the notification and the item number in the first schedule of the Act and if they are identical and pari materia, rules of interpretation will apply. " As it was to remedy the harm that would otherwise be caused by the provisions of Art. 420, Indian Penal Code and Henderson had abetted him in the commission of that offence by falsely certifying Satwant Singh's claims to be true, knowing that they were false and thereby had committed an offence punishable under s.

There can be no doubt therefore that they intended the word " restriction " to include cases of " prohibition " also. The Election Commission constituted an Election Tribunal in the manner prescribed by the Act and referred the petition to the said Tribunal for trial. According to the prosecution, Satwant Singh had committed the offence of cheating punishable under s. The aforesaid two decisions are to be understood regard being had to the context in which they are delivered.

13, that these saving provisions were made, it is proper to remember the words of Art. It needs no special emphasis to state that rules or principles of interpretation are always subject to context and not binding commands on iron cost imperatives. Therefore, we do not perceive any conflict between the two decisions which deal with rules of interpretation. 420/109, Indian Penal Code. 19(1), or " taking away the rights " conferred by the Article, provided this inconsistency or taking away was reasonable in the interests of the different matters mentioned in the clause.

We must not forget that even though ownership of property has ceased to be conceived of as a Fundamental Right, it continues to receive Constitutional protection. It is un- doubtedly correct, however, that when, as in the present case, the restriction reaches the stage of prohibition special care has to be taken by the Court to see that the test of reasonableness is satisfied. It is also the regrettable reality that Governments are increasingly relying on rulings of this Court to the effect that even if the public purpose providing the predication for the compulsory acquisition of a citizens land has proved to be an illusion or misconception, another purpose can conveniently be discovered or devised by the State for retention by it of the expropriated land.

387 (e) (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void .

View older posts »




There are currently no blog comments.