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Further, he had already given financial assistance to the father of the deceased for the cremation. We cannot therefore detect any arbitrariness or capriciousness either in the classification, nay the unique treatment given by the State to hotels possessing Five Star rating. 08 per cent) occurs in Five Star hotels, which sale indubitably includes guest orders in room-service. The learned Commissioner relied upon the testimony of the witnesses to construct the following chain of events leading up to the accident: 2 at the time of his death and that he had lost his life in an accident caused during and in the course of his employment with Respondent no.
In para 53, while considering Rajasthan State Financial Advocates (reference) Advocates (reference) Corporation decided by three Judges Bench it was noticed that once a winding up proceeding has commenced, the distribution of the proceeds of the sale of the assets at the instance of the banks or financial institutions coming under the RDB Act or SFC Act can only be with the association of the Official Liquidator and under the supervision of the Company Court. The mere vesting of the land under sub-section (3) of Section 10 would not confer any right on the Advocates (check out your url) State Government to have de facto possession of the vacant land unless there has been a voluntary surrender of vacant land before 18-3-1999.
50/- per day as bhatta. It is the duty of the state, acting through its instrumentalities to ensure that no person in a vulnerable position is exploited. In the context of RDB Act, reliance was placed upon Advocates (reference) another judgment of this Court by three Judges in the case of Bank of Maharashtra v. At this juncture, it is nobodys case that some hotels ought to have been granted Five Star grade Advocates (reference) or that the State has prohibited anyone from endeavouring to upgrade their hotels from Four Star to Five Star.
Union of India[9], Bhagwati,J. A vast majority of the unemployed population of the country then, is susceptible to being exploited by the rich and the capitalists. The State has to establish that there has been a voluntary surrender of vacant land or surrender and delivery of peaceful possession under sub-section (5) of Section 10 or forceful dispossession under sub-section (6) of Section 10. Pandurang Keshav Gorwardkar (2013) 7 SCC 754 wherein this Court held that the Debts Recovery Tribunal is not empowered to adjudicate/ determine dues of workmen of debtor-company.
On failure to establish any of those situations, the landowner or holder can claim the benefit of Section 4 of the Repeal Act. Presently, millions of youth of the country are unemployed. The reason for such a view was recognized to lie in Section 529A of the Companies Act which governs the distribution of assets as provided therein. Its intent and purport is not to exclude some places; it cannot be read as a comprehensive definition; it is more of an illustration.
Placing a moratorium on all hotels other than Five Star hotels, therefore, is not a violation of Article 14 of the Constitution. The State Government in this appeal could not establish any of those situations and hence the High Court is right in holding that the respondent is entitled to get the benefit of Section 4 of the Repeal Act. We have already noted that the least amount of sale of alcohol (0. It is the duty of every welfare state to generate employment.
Once the company is in winding up workmens dues can be determined only by the liquidator under supervision of Company Court and by no other authority. The argument on behalf of the Appellants pertaining to impermissibility of sub-classification on the grounds that Section 15C of the Abkari Act creates a composite class of public places is not acceptable to us. This is done by the Ministry of Tourism, which in turn is further guided by the criteria established in the hospitality trade.
In the case of Peoples Union for Democratic Rights & Ors. The right to livelihood is a part of right to life, as has been held in the case of Olga Tellis (supra). The learned Employees Compensation - cum- Assistant Labour Commissioner considered the above aspect of the matter at length and arrived at the conclusion that the deceased was working in the employment of Respondent no. The Explanation to this Section endeavours to include through iteration all public places.
(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. Before we advert to the contentions in detail, we quote Justice Krishna Iyer from the case of LIC v. But it was also noted that since there was a conflict as to who would be competent to sell the assets, it was held that for this purpose the DRT would be competent because the RDB Act of 1993 being a later and special law shall prevail over the Companies Act which is a general law.
Bahadur[7], wherein the learned Judge has explained what should be the guiding force for judges when faced with matters pertaining to social justice, as under:
