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If a mistake of fact apparent from the record of the assessment order can be rectified under s. It must, therefore, be held that and prima facie examination of the merits cannot be said to be foreign to the enquiry which the appropriate Government is entitled to make in dealing with a dispute under Section 10(1) Therefore, in the present case, the dispute raised by the respondent-Union on behalf of the concerned workmen is neither patently frivolous nor is it a belated claim of the concerned workmen.

A-2 then tried to stab PW-1 but missed. 35 we see no reason why a mistake of law which is glaring and obvious cannot be similarly rectified “. 2002, there was no live lease for the purpose of considering any application for transfer under Rule 37 of the Mineral (Concession) Rules. When we go little further and examine Rule 29, as we have held that M/s. The contention of the learned senior Best Counsel in Chandigarh for the appellant that the workmen are barred from raising the industrial dispute on the ground of estoppel, is also rejected by this Court Best Lawyer in Chandigarh High Court view of the fact that estoppel is a principle of equity which deals with the effect of contract and not with its cause.

, Pamula Ramanaiah, PW-1, and the deceased were travelling on their scooter towards Akuthota Harijanawada, and when they reached a sweet meat shop, Meriga Yedukondalu, A-4, and Utukuru Seenaiah, A-6 (since deceased) attacked them as a result of which, PW1, who was driving the scooter lost control of the scooter and both of them fell down. As the prosecution story proceeds, Vutukuru Lakshmaiah, A- 1, Rayapu Srinivasulu, A-2, Rayapu Sivaiah, A-3, Meriga Ramaiah, A-5, and Meriga Penchlaiah, A-7, stabbed the deceased multiple times with knives, while A-4 and A-6 beat him with iron rods.

50,603-15-0 is plainly and obviously inconsistent with a specific Illegal Custody and Habeas Corpus Law Firm in Chandigarh clear provision of the statute and that must inevitably be treated as a mistake of law apparent from the record. -For the purposes of this clause,- (a) “long-term finance” means any loan or advance where the terms under which moneys are loaned or advanced provide for repayment along with interest thereof during a period of not less than five years Judged by this test, it is clear that on facts in the present case there was no suppression on the part of the appellants nor was there any willful attempt to evade duty.

Nathu Singh for which, a litigation between the two did ensue. Likewise, if the impact of the claim on the general relations between the employer and the employees in the region is likely to be adverse, the appropriate Government may take that into account in deciding whether a reference should be made or not. 2010 once and for all, based on its proposal made on 27. He categorically denied the allegation of his disagreeable activities and misuse of powers. Union of India, (1997)3 SCC 261 a Bench of seven-Judge while dealing with the essential and basic features of Constitution – power of review and jurisdiction conferred on the High Court under Article 226/227 and on the Supreme Court under Article 32 held as follows: Therefore, on this ground as well, it must be held that there was no scope at all for the State Government to consider the application made by M/s.

7I 562 respondent for Rs. In his rejoinder, the appellant refuted the respondents cavil based on jointness of the property. Thereafter A-3 stabbed PW-1 with a knife on his left arm, but he managed to escape and hid in the PWD office situated nearby. Jaswant Singh in getting his name mutated in the revenue records in place of Mr. He instead, did impute fraudulent act of the respondent, Mr. Dalmia had surrendered its mining lease M. 2001 and accepted by the Director of Mines and Geology on behalf of the State Government which became conclusive as on 31.

If the claim made is patently frivolous, or is clearly belated the appropriate Government may refuse to make a reference. He accused the said respondent for being responsible for institution of cases against him by Mr. When that be the legal consequence in respect of the lease, which was void and inoperative, it must be held that there was no scope for holding that there was a valid transfer made by M/s. Dalmia in favour of the first respondent on 16.

Dalmia for transferring of its mining lease in favour of the first respondent. While insisting that the property was the self acquired asset of the deceased, the appellant stated that therefrom the testator, not only, had conveyed portions by way of sale, but also, had gifted some to his children. it would not be possible to accept the plea that the appropriate Government is precluded from considering even prima facie the merits of the dispute when it decides the question as to whether its power to make a reference should be exercised under Section 10(l)read with Section 12(5), or not.

As stated by the appellant, the appellant has been manufacturing tractors from 1965 onwards. It does not mean that a void or voidable contract cannot be adjudicated by the Industrial Tribunal/courts merely because the concerned workmen have accepted the voluntary retirement as pleaded by them and other benefits from the appellant as per the case of National Insurance Co.


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