Court : Mumbai
..... or post, no court except (a) the supreme court; or (b) any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 1947 or any other corresponding law for the time being in force, shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service ..... an effective substitute and, to that end, suggested several amendments to the provisions governing the form and content of the tribunal. the suggested amendments were given the force of law by an amending act (act 51 of 1987) after the conclusion of the case and the act has since remained unaltered. 10. we may now analyse the scheme and the salient features of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in writ petition no.9911 of 2015, permitted the investigating officer to investigate whether the members of the petitioner are resigning from it's membership under any force or duress or compulsion. (g) the investigating officer has carried out investigation in compliant (ulp) no. 61 of 2015 and has concluded that the ..... peace and harmony by recognising trade unions for facilitating collective bargaining. we have, therefore, to read section 13 in harmony with other provisions of the act as a whole. the cardinal principle of interpretation of statutes is that unreasonable or artificial or anomalous constructions have to be avoided and if two constructions ..... about the resignation of the workers from its membership. (m) the respondent has placed reliance upon the following judgments:- (i) d.p.maheshwari vs. delhi administration air 1984 sc 153, (ii) rajiv bhalchandra gundewar vs. compton greaves 2000 iii llj 774, (iii) uday janardhan kulkarni vs. geo chem laboratories 2009 120 flr 218 .....
Tag this Judgment!Court : Mumbai
..... claims that they have all the licenses and authorizations and, equally, they are claiming accreditations from the international air transport association (iata). they are also claiming that they had a sub-registration under the bombay shops and establishments act, 1948. the predecessor and, equally, the successor-company, the petitioner before us, have been filing their ..... u). 22. the term "registered trade mark", as defined in section 2(w), means a trade mark, which is actually on the register and remaining in force. the term "registrar", as defined in section 2(y), to mean the registrar of trade marks referred to in section 3 and definition of the term " ..... travel private limited" at new delhi is a company established in the year 1977 as a private limited company. it is duly registered under the indian companies act, 1956. the company was established amongst others with an object to deal in destination management, corporate package, conferences and meetings. during the period of three .....
Tag this Judgment!Court : Mumbai
..... divisional joint registrar, co-operative societies, maharashtra, passed the impugned order. 5. it is common ground that the maharashtra raw cotton (procurement, processing and marketing) act, 1971 is an act promulgated by the competent legislature so as to provide for the carrying on, in certain time, all trade in raw cotton by the state of maharashtra. it was ..... due in such certificate shall be recoverable according to the law and under the rules for the time being in force for the recovery of arrears of land revenue." 8. thus, this provision gives the raw cotton act an overriding effect and when either cotton or cotton bales or cotton seeds are supplied or sold to any person ..... appreciating this contention of mr. udeshi, we would have to refer to section 40. section 40 of the raw cotton act reads as under:- "40. (1) notwithstanding anything contained in any law for the time being in force, when ginned cotton, cotton bales or cotton seeds are supplied or sold to any person by or on behalf of .....
Tag this Judgment!Court : Mumbai
..... the appropriate stamp duty payable on any instrument executed on a particular date in the past, which could be as early as the year 1959 when the stamp act came into force. further, the petitioners state that is ex facie unreasonable, irrational and arbitrary for respondent nos.1, 2 and 3 to require all banks and financial institutions ..... penal measure even in civil proceedings. 38. further elaborating this concept in a latter decision in the case of pratibha processors and ors. vs. union of india and ors., air 1997 sc 138, the hon'ble supreme court explains it thus : fiscal statutes with import of the words tax , interest , penalty etc. are well known. they are ..... failure means 'a falling short', 'deficiency' or 'lack'. it has also referred to a judgment of allahabad high court in the case of ram kishore vs. bimla devi, air 1957, all. 658. 94. even in common parlance and going by the dictionary meaning it means the omission of expected or required action. therefore, if that cannot be .....
Tag this Judgment!Court : Mumbai
..... any other similar international body, entitled to privileges under any convention or agreement to which india is a party or under any law for the time being in force, if such official, personnel, consular or diplomatic agent, as the case may be, has purchased such goods for himself or for the purposes of such mission ..... another in dealing with third persons. the person for whom such work is done or who is so represented is called the principal . (2) normally, persons acting as brokers, factors, auctioneers, commission agents, del credere agents etc. are the agents contemplated under this section. it may be added that the contract of agency ..... the assistance of additional materials. 14. in support of the contentions, mr. sridharan places reliance on the following decisions:- (i) sales tax officer, pilibhit vs. budh prakash jai prakash, air 1954 sc 459. (ii) balabhagas hulaschand vs. state of orissa, (1976) 2 scc 44. (iii) consolidated coffee ltd. and anr. vs. coffee board, bangalore, (1980) .....
Tag this Judgment!Court : Mumbai
..... and collection of the cess on entry of sugarcane into the premises of a factory for use therein, under the bombay sugarcane cess act, 1948 (bom. lxxxii of 1948), was proposed to be brought into force in this state with effect from 31st december 1961. as thereafter it was not possible to collect the tax on sugarcane, it was ..... mp). (vii) ponni sugars (erode) ltd. vs. deputy commercial tax officer (2005) 142 stc 543. (viii) union of india and ors. vs. bombay tyre international ltd. and ors., air 1984 sc 420. (ix) maharashtra chamber of housing industry and ors. vs. state of maharashtra and ors., (2012) 51 vst 168 (bom.). (x) commissioner of wealth-tax, kanpur vs. ..... ltd. vs. dy. commissioner of commercial taxes, (2006) 139 stc 413 (kar.). (vi) p. s. n. s. ambalavana chettiar and co. ltd. and anr. vs. express newspapers ltd., air 1968 sc 741. (vii) the state of orissa vs. utkal distributors (p) ltd., (1966) 17 stc 320 (sc). (viii) thiru arooran sugars ltd. vs. deputy commercial tax officer, (1988 .....
Tag this Judgment!Court : Mumbai Nagpur
..... classification of buildings made under the provisions of the national building code of india, 2005. (2) notwithstanding anything contained in any law for the time being in force, no authority empowered to sanction the construction plan of any building or part of a building and to issue certificate of completion thereof, shall issue any certificate of ..... according sanction to the proposal of the corporation nor the date on which the enhanced rate shall come into force is published. it is to be noted that though the other provisions of the act would come into force from the date on which notification was issued under subsection 3 of section 1, in view of the provisions ..... (v) oberoi towers, 117 mtrs. and 35 floors, (vi) world trade centre, 111 mtrs. and 35 floors, (vii) express towers, 105 mtrs. and 25 floors, (viii) air india building, 105 mtrs. and 24 floors, (ix) kshitij apartment, 96 mtrs. and 33 floors. in other big cities and towns also such high rise buildings are coming up. recently .....
Tag this Judgment!Court : Mumbai
..... companies. at a minimum, if these holdings were impressed with trust , they required a statutory declaration under section 187c of the companies act, 1956 or section 89 of the companies act, 2013. the 2013 act came into force before the present suit was filed. section 89(8) makes it clear that absent the necessary declaration, no right in relation to that ..... not possible to hold in favour of the plaintiff in the absence of necessary evidence. a mere pleading is insufficient (k. s. nanji and co v jatashankar dossa, air 1961 sc 1474).it appears to me that the suit is wholly out of time. at any rate, a substantial part of the relief sought is barred by limitation. ..... different matter from the case at hand. incidentally, wahi also holds that every nominee may not be a fiduciary . similarly, binapani paul v pratima ghosh and ors. (air 2008 sc 543)is not an authority for the proposition that no evidence is required to prove the fiduciary relationship required by section 4(3) (b) of the benami .....
Tag this Judgment!Court : Mumbai Goa
..... issue first, if that issue relates to, (a) the jurisdiction of the court; (b) a bar to the suit created by any law for the time being in force. in such a case, the court would postpone the settlement of other issues, until the preliminary issue has been determined. one thing which is apparent from the aforesaid provisions ..... clb is a quasi-judicial authority exercising equitable jurisdiction guided by the principles of natural justice in the exercise of its powers and discharge of its functions under the act and shall act in its discretion. the clb has all the trappings of the court. the clb has its own regulations. the c.p.c does not apply, the principles ..... 2/2013. background facts: 3. the brief facts are that sociedade de fomento industrial private limited (sfipl), (company, for short) is a company registered under the companies act, 1956 (the act, for short) with authorised share capital of rs.1,00,00,000/- (rupees one crore only), divided into 50,000 equity shares of rs.100/- each and 50, .....
Tag this Judgment!