advocates in Supreme Court of India – http://supremecourtindia.in/the-supreme-court-of-india-has-a-history-of-resolving-complex-conflicts/; This court held at para 74 that: The difficulty is that the Giri case did not engage the court’s duty under section 6 of the 1998 Act. The appellant had also laid down that, if any deterioration of workmanship was noticed on the part of the employees advocates in Supreme Court of India order to achieve the targets prescribed for earning the Inam, the Scheme could be abandoned forthwith. There was no reference to individual disadvantage, but article 4 required that, where persons who considered themselves wronged by the non-application to them of the principle of equal treatment established facts from which it might be presumed that there had been direct or indirect discrimination, it was for the respondent to prove that there had been no breach of the principle of equal treatment.
” That case decides that a sales tax which discriminates against goods imported from other States may impede the free flow of trade and is then invalid unless protected by Art. 3, the Collector is enjoined to assess the value of the land deemed to have been acquired under s. The winding up does not either create new substantive rights in the creditors or destroy the old ones. 31(2) as it stood after the Constitution (Fourth Amendment) Act. The winding up leaves the debts of the creditors untouched.
counsel drew our attention to the provisions of ss. The creditors are confined to a collective enforcement procedure that results in pari passu distribution of the company’s assets. Additional Inspector General of Police and Inspector General of Po’ lice best advocates in Supreme Court India the respondent State, are selection posts outside the junior’ and senior time scales of Pay. They are discharged by the winding up only to the extent that they are paid out of dividends.
In Manchester City Council v Pinnock (Nos 1 and 2) [2010] UKSC 45, [2011] UKSC 6, [2011] 2 AC 104, a tenant of a house owned by a local authority argued that possession of the house pursuant to the order which it sought against him would breach his rights under article 8. But even then, discovery of an asset can result in the company being restored for the process to continue. 2, the land deemed to be acquired under the earlier Act vests and is deemed to have vested law firms in Supreme Court of India the State Government from the date the land was actually taken possession of.
best advocates in Supreme Court of India other words, the circumstance that guests are admitted is irrelevant to determine if the club is an industry. Their debts, if they are owing, remain debts throughout. No doubt the material needs or wants of a section of the community is catered for but that is not enough. The Legislature, in 1956, amended, . Counsel submitted that Assam Act No. When the company is dissolved, there is no longer an entity which the creditor can sue. 2 in accordance with the principles laid down in s.
It was on these conditions that the employees were receiving the Inam. Promotion to selection grade or selection posts is to be based primarily on merit and not on seniority alone and therefore, the respondent-State was not bound to promote the petitioner merely because he was senior in the Gradation List. It only affects the way in which they can be enforced. It was also made clear to the workmen in the Scheme that this payment of reward was in no way connected with or part of wages.
But when the process of distribution is complete, there are no further assets against which they can be enforced. 21 of 1960 is a piece of legislation providing for acquisition of land independently of the earlier Act and the validity of this Act must be judged by reference to Art. lawyers in Supreme Court India support of his contention. This must be done as part of trade or business or as an undertaking anlogous to trade or business. 6 and to make an award under s. 301 and will be valid only if it comes within the terms of Art.
that is to say, a member’s self-serving institution. When the order is made, ordinary proceedings against the company are stayed (although the stay can be enforced only against creditors subject to the personal jurisdiction of the court). There is no equivalent of the discharge of a personal bankrupt which extinguishes his debts. Even with the admission of guests being open the club remains the same. Thus, though there was a payment to the employees and since that payment depended on their achieving certain targets, it has to be held to be remuneration, this payment of Inam cannot be held to have become a term of the contract of employment.
3 and 8 of the Indian Police Service (Pay) Rules, 1954, read with Part B of Schedule III of those Rules shows that the three posts of Deputy Inspector General of Police. HELD:(1) A perusal of rr. If today the club were to stop entry of outsiders, no essential change in its character vis-a-vis the members would take place. Sales tax, which has the effect of discriminating between goods of one State and goods of another, may affect the free flow of trade and it will then offend against Art.
, Act XXXVI of 1956, both the Act and the ‘Standing Orders Act. Further, accepting the contention of the learned counsel for -the appellant, will be to practically wipe out the existence of the Act, so far as industrial establishments, governed by the Standing Orders Act, are concerned. 8 of the earlier Act and the owner is entitled to claim certain interest. We are unable to accept this contention. This introduced the term “an apparently neutral provision, criterion or practice” (or PCP as it is generally known) and the concept of disproportionate group disadvantage.