in Criminal Appeal No. The strike, having commenced on August 11, was clearly illegal in view of the provisions of s. We shall examine the question later as to which party was to blame for the break-down of the conciliation proceedings at the very outset. In industrial disputes legal technicalities should be avoided as far as it was reasonably possible to do so and industrial tribunals should be cautious in applying the principle of acquiescence and estoppel in the adjudication of such disputes.

We must, therefore, hold in agreement with the Tribunal, that the strike was clearly illegal. 134/2009 and convicted the respondent-accused herein under Section 354 of the IPC and restricted the sentence to the period already undergone which is slightly more than one year. The gross revenue for the purpose would be the total revenue of the Licensee company excluding the PSTN related call charges paid to DOT/MTNL and service tax collected by the licensee on behalf of the Government from their subscribers.

Against the decree dismissing the suit, an appeal was taken to, the High Court of Bombay. " Even if the assesse has submitted a return of his income, cases may well occur where the whole of the income has not been assessed and such part of the income as has not been assessed can well be regarded as having escaped assessment. 808 of 2009 whereby he has set aside the conviction under Section 376(2)(f) read with Section 511 of the Indian Penal Code (IPC) and the sentence imposed on that score, that is, rigorous imprisonment of five years by the learned Sessions Judge, Guna in ST No.

It is enough to observe that under s. Renusagar Power Co it was held: (SCC p. A judgment, it is trite, is not to be read as a statute. (See Executive Engineer, Dhenkanal Minor Irrigation Division v. Further, the final conclusions summarized in paragraph 102 of the judgment (SCC) in 2G case make no mention about auction being the only permissible and intra vires method for disposal of natural resources; the findings are limited to the case of spectrum.

N it is stated: (SCC p. In this case, the report to the Government was made by the Conciliation Officer on August 8, 1955. It is not absolutely clear as to when this report of the Conciliation Officer was actually received by the Government. Jagdamba Oil Mills) 141. The delay, inevitable in raising an industrial dispute, could be no ground in the instant case for an inference that the respondent had acquiesced in the relevant standing order. The ratio decidendi of a judgment is its reasoning which can be deciphered only upon reading the same in its entirety.

British Railways Board(Sub nom British Railways Board v. On receipt of TRAIs recommendation and Governments final decision, final adjustment of provisional dues will be effected depending upon the percentage of revenue share and the definition of revenue for this purpose as may be finally decided. The ratio decidendi of a case or the principles and reasons on which it is based is distinct from the relief finally granted or the manner adopted for its disposal.

540, paragraph 9) There is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case, said Lord Morris in Herrington v. The learned Judges of the High Court (Rajadhyaksha and Chainani, JJ. In Padma Sundara Rao v. It is contended that there was only one party in the present compromise, namely, the Deputy Commissioner, Barabanki.

20 of the Act, the conciliation proceedings must be deemed to have commenced on July 26, 1955, when the notice of the strike was received by the Conciliation Officer, and those proceedings shall be deemed to have concluded when the report of the Conciliation Officer is received by the Government. There can be no doubt that before the amendment of 1956 if the employees wanted to challenge the reasonableness or fairness of any of the standing orders the only course open to them was to raise an industrial dispute in that matter.

It is clear, therefore, that the conciliation proceedings certainly lasted between July 26 and August 8, 1955. In the meanwhile, Government have decided to fix 15% of the gross revenue of the Licensee as provisional license fee. In General Electric Co. (See also Haryana Financial Corpn. calls in question the legal acceptability of the judgment and order passed by the learned Single Judge of the High Court of M. In this appeal, by special leave, the State of M.

In case the Court had actually enunciated, as a proposition of law, that auction is the only permissible method or mode for alienation/allotment of natural resources, the same would have found a mention in the summary at the end of the judgment. The Licence fee as a percentage of gross revenue under the licence shall be payable w. What was contended on their behalf, was that the proceedings had to be stopped, as it appears from the record of those proceedings, without any settlement of the dispute as the "workers' representative expressed their inability to take further part in the proceedings, on a question of leave to their other representatives".

The Government will take a final decision about the quantum of the revenue share to be charged as licence fee after obtaining recommendations of the Telecom Regulatory Authority of India (TRAI). Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. It is then said that there was in law no compromise in this case, A compromise, it is said, is a contract and in order that there may be a contract 'there must be two parties to it which there was not in this case.

), dismissed the appeal but modified the order about costs, directing that only one set of costs be paid to the defendants in the suit.