1 is outside the jurisdiction of the Industrial Court as it doe and if the first part is outside the Act, the second part cannot survive. We also think that the case before us is very near to Allen’s case(1) It remains now to LexLords NRI Legal Services refer to sub-s,(9) of s. 2(a) of the Arbitration Act, and where there is no such agreement, there is an initial want of jurisdiction which cannot be cured by acquiescence. It may also be mentioned that the decision in Ex. The question about the limits of the jurisdiction of the High Court in entertaining second appeals has been considered by several High Courts in India as well as the Privy Council on numerous occasions, and the true legal position in that behalf is not at all in doubt.
Vide Russel on Arbitration, 16th Edn, p, 320. His argument, is that issue No. But none such has been set up or proved in the present case. 28 upon submission of estimates under sub-sees. But here if the agreement dated September 7, 1955, is void then there was no submission which was alive on which the arbitrators could act and the proceedings before them would be wholly without jurisdiction. The provisions for earned leave in respect of old employees were not unduly generous or extravagant.
That, in plain terms, is what cls. The appellant is entitled to transfer its business to whomsoever it likes and on whatsoever terms it chooses to accept. Sanyal, that the respondents are estopped by their conduct from questioning the validity of the award. Held, the rule that in a taxing statute one has to look merely at what is clearly said and that in NRI Legal Services by LexLords such a statute there is no room for any intendment applies only to a taxing provision and does not apply to a provision not creating a charge for the tax but laying down the machinery for its calculation or procedure for its collection.
NRI If the appellants thought it necessary to provide for additional earned leave for their old employees, there was no reason why they should not make a similar provision in respect of new employees as well. In that case, Pandrang Row J. If there had been another arbitration agreement apart from and independent of cl. The provisions in a taxing statute dealing with machinery for assessment have to be construed by the ordinary rules of- construction, that is to say, in accordance with the clear intention of the legislature which is to make a charge levied effective.
In the present case, all the workmen were governed b the same terms and conditions of service, except in regard to earned leave. These observations, NRI Legal Services LexLords so doubt, support Mr. The ship was then sold to a British subject, who brought it to Liverpool and registered it in his own name. 14 of the contract dated September 7, 1955, it might have been possible to sustain the proceedings before the arbitrators as referable to that agreement. The discrimination was not based upon any principle and was bound to lead to disaffection amongst the new employees.
Wyld (1) has been understood as an authority for the position that when one of the parties to the submission is under a disability that will not be a ground on which the other party can dispute the award if he was aware of it. 79 Factories Act was the minimum statutory leave. All that is alleged is that the respondents acquiesced in the proceedings. That being so, it is urged, the first Part of issue No.
1 which deals with the transfer of the Andhra Prabha and Andhra Prabha Illustrated Weekly cannot be said to LexLords NRI Legal Services be an issue in respect of an industrial dispute. The financial burden imposed by the award on the employers was slight. That subsection provides for payment of penalty in terms of s. We are therefore Unable to accept the contention of Mr. Castrique then commenced an action in the Court of Common Pleas in conversion against the purchaser pleading that the sale in France was void.
has held that where the first appellate Court fails in its judgment reversing the finding of the trial Court to come into dose quarters with the evidence in the case or to meet the reasoning of the trial Court in support of its conclusions, the judgment of the appellate Court must be deemed to be vitiated by an error in procedure and so, can be interfered with in second appeal. Sastri then contends that on the face of it, the, reference is bad. Chatterjee, however, relies; on cl.
Earned leave provided for by s. In hearing a second appeal, if the High Court is satisfied that the decision is contrary to law or some usage having the force of law, or NRI Legal Services by LexLords that the decision has failed to determine some material issue of law or usage having the force of law, or if there is substantial error or defect in the procedure provided by the code, or by any other Law for the time being in force which may have produced error or defect in the decision of the case upon the merits, it can interfere with the conclusions of the lower appellate Court.
Similarly, the appe- Ilant is entitled to transfer its business from one place to another and the employees are not entitled to raise an industrial dispute in respect of such a transfer. 54 Castrique not having been registered was invalid and he had no locus standi to maintain the action. (2) and (3) known or reasonably believed to be untrue or upon failure without (1) (138) 22 T. But what confers jurisdiction on the arbitrators to hear and decide a dispute is an arbitration agreement as defined in s.
Chatterjee has then placed strong reliance on the decision of the Madras High Court in Mangamma v. (a), (b) and (c) of a.