similar position obtained in Husain Bai's case (1978-II-LLJ-397). The apex Court smashed the dark window-screen and observed ... astute to avoid the mischief and achieve the purpose of the law and not be misled by the maya of legal appearances."
17. Hence
bench of this Court rendered in Thamilarasan 's Case, 1989 (1) LLJ 588, which did not analyse the issue in the right perspective ... accordance with law."
48. As observed in S.S.Dhanoa 's Case, 1981 (II) LLJ 231, we are of the view that
Kamath, V.K. Krishnamurthy, etc. & Ors., [1989] 1
LLJ 109; Sukumar Bandyopadhyyay & Ors. v. State of West
Bengal ... done. There are many branches of our law when an
act which would otherwise be lawful is rendered unlawful by
the motive or object with
Supreme 756 : 1997 SCC (L&S) 902 : 1997 (1) LLJ 1204 : 1997 (2) SLR 234 : 1998 (1) SLJ 164, it is laid down ... arises under the Industrial law, it has to be decided in accordance with the Industrial law. The general municipal law dealing with municipal affairs does
raised by the
learned Referring Judge are as follows:
(i)Whether the law laid down by the Full Bench of this Court in Manikandan ... law laid down by the Hon'ble
Supreme Court in Commissioner of Police and others v. Sandeep Kumar , reported in
(2011) 4 MLJ
Kondayya Chetti (1901) ILR 24 M 555 and Kameswaramna v. Venkatasubba Row (1914) ILR 38 M 1120 : 27 MLJ 112 and Jagannatha ... Kondayya Chetti (1901) ILR 24 M 555, and Kameswaramma v. Venkatasubba Rao (1914) ILR 38 M 1120 : 27 MLJ 112. The latter case
India Ltd. v. P. S. Rajagopalan , AIR 1964 SC 743 : 1963 ( 2) LLJ 89 (SC) and Bombay Gas Co. Ltd. v. Gopal Bhiva ... LLJ 608 (SC).
9. On the other hand, Mr. Pathak, the learned Advocate appearing for the respondent-workmen has submitted that the right
should override other laws, which reads as follows:
"35. The provisions of this Act to override other laws.-The provisions of
this Act shall ... therewith contained in any other law for the time being in force.
Thus, the SARFAESI Act will override other laws including the provisions
ILR 29 C 773, and add, " In this respect, the law is now settled, etc. " In Durpati Bibi v. Ramrach Pal (1909) ILR ... ruling reported in Arunachalam Chetty v. Periasami Servai (1921) ILR 44 MLJ 256 (FB), which laid down that Article 11 of the Indian Limitation
From the scheme of the Special Law, it is
evident that the provisions of ID Act were sought to be incorporated ... their services have to be terminated etc. It is also a settled law that
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