On facts on 9-12-1958, there was no Road Transport Department at all but a Road Transport Corporation, which is a completely autonomous body, with which the Chief Minister has no concern. The legislature in India has considered it necessary to provide a large measure of protection for public officials from unnecessary harassment and for that purpose s. nThis appeal at the instance of the Securities and Exchange Board of India (hereinafter called SEBI) is directed against the majority judgment and final order dated 30.

However, it is not disputed that the plaintiffs Head Office is situated at Mumbai. This concept of minimum wage is in harmony with the advance of thought in all civilised countries and approximates to the statutory minimum wage which the State should strive to achieve having regard to the Directive Principle of State Policy mentioned above. Hence, the meaning of the literal rule of interpretation is simply that we mean what we say and we say what we mean. 197 was enacted in the Criminal Procedure Code and this was recognised by Lord Simonds in the Privy Council case Gill v.

[1991 (4) SCC 270] and New Moga Transport Co. Jagatjit Sugar Mills Co. The single Bench and the Division Bench of the High Court have upheld the objection and held that the suit should have been filed in the facts of the case, in the court at Mumbai. " The counter-affidavit further gives in detail how the scheme was initiated by Guru Pershad and how the various steps were taken in compliance with the provisions of the Act.

That this is the legislative policy may also be gathered from a subsequent enactment, the Prevention of Corruption Act where such provision was incorporated in regard to offences of bribery, corruption and also misapprehend- privation. Further, elaborate tests have been laid down for finding out when an authority can be treated to be the State for the purposes of Part III of the Constitution. ˜Corporation in the Explanation would mean not only the statutory corporation but companies registered under the Companies Act, as held by this Court in Patel Roadways Ltd.

and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro private commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico. United India Insurance Co. Life will become impossible. It is therefore clear that the Government did not accept the allegations made by the appellants in their affidavits.

The bearing given by the Chief Minister is just like a hearing of the Supreme Court India Law firms, of law after remand 591 by a Superior Court. , through its Proprietor v. Evans (3), " no proposition can be more clearly established than that a man cannot incur the loss of liberty or property for an offence by a judicial proceeding until he has had a fair opportunity of answering the charge against him, unless indeed the legislature has expressly or impliedly given an authority to act, without that necessary preliminary.

Child (4) in which Bayley B. District Commissioner of Accra (2):- "On this part of the case, counsel suggested that the provisions of s. Hence on the date of the enquiry, the Corporation being a completely autonomous body is an entirely independent body altogether and hence there can be no question of bias to the Chief Minister hearing the objectors. But the question still remains to what cases this protection is made applicable. If we say that a certain object is a book, then we mean it is a book.

If we say it is a book, but we mean it is a horse, table or an elephant, then we will not be able to communicate with each other. In order to fully appreciate the implication of including judiciary within ˜the State as defined under Article 12 it may be recapitulated that in catena of judgments it has been held that writ petitions will not be entertained against purely private parties. 2013, passed by the Securities Appellate Tribunal, Mumbai, in Appeal No.

He kept an open mind and considered all the objections fully. Hence, the impugned order has been questioned in the appeals. The allegation that the Chief Minister had closed his mind and was biased is absolutely baseless. " The contention that the Chief Minister is not competent, to give the hearing and consider the objections inasmuch as he is biassed and has also prejudged the issue, is not well- founded. 9 were in the nature of a " mass punishment " of the inhabitants of the proclaimed district and he relied on the well-known passage from the judgment of the court in Bonaker v.

This is laid down in there a number of cases are mentioned] and many other cases, concluding with that of Capel v. says he knows of no case in which you are to have a judicial proceeding, by which a man is to be deprived of any part of his property, without his having an opportunity of being heard. The objection was raised by the defendant with regard to the territorial jurisdiction of the court at Delhi.