Court : Mumbai Aurangabad
..... erroneous or causing grave injustice to the petitioner. no interference in these judgments is called for to this extent. 39. notwithstanding the above, i find some force in the submissions of shri shahane that a declaration of unfair labour practice could not have been made against the university for two reasons. firstly, that despite ..... were eligible for permanency benefits from 1.1.1979. as such, they had fulfilled the criteria of qualifying service for pension. the state government should have acted in promptitude in releasing their pensionary benefits. same were not made available and that led to a struggle by the respondents. they finally reached this court, which ..... the industrial court be quashed and set aside. 14. shri shahane relies upon the judgments of the hon'ble supreme court and the high courts as follows : [1] air india cabin crew association v. yeshawinee merchant and others (2003 iii clr 1) [2] dharam chand and others v. haryana agricultural university and others (2004 (100) .....
Tag this Judgment!Court : Mumbai Nagpur
..... entire amount of consideration which fact is not in dispute. in this connection, the apex court, in the case of maneklal mansukhbai vs. hormusji ginwala reported in air 1950 sc 1, held thus : the defendant and his predecessor in interest were willing to perform their part of the contract. as a matter of fact, they have ..... where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the ..... lower appellate court framed the following points for determination in this context : (iv) whether the respondents are entitled for protection under section 53a of the specific relief act? ..no the lower appellate court decided the point by holding that since the suit for specific performance of contract filed by the appellants was dismissed and that decree .....
Tag this Judgment!Court : Mumbai Aurangabad
..... a transport vehicle and such restriction is not there against the owner of the vehicle also. in view of these circumstances, this court holds that there is no force in the second defence taken by the insurance company. the defence was taken by the insurance company in the written statement that the vehicle was overloaded and there was ..... driver, as per r.c.book and so there was no coverage in respect of risk to the deceased. the aforesaid provision of section 147 of the motor vehicle act is sufficient to answer to the aforesaid defences taken by the insurance company. no evidence is given to prove that vehicle was overloaded. 10. the learned counsel for the ..... insurance company placed reliance on some reported cases like (i) 2007 air scw 7337 [national insurance co. ltd. v/s cholleti bharatamma and others], (ii) air 2007 sc 1334 (1) [new india assurance co. ltd. v/s vedwati and others] and (iii) 2010 (1) tac 401 (bom .....
Tag this Judgment!Court : Mumbai Nagpur
..... the tillers' day. such requirement cannot be read in the statute. (3) the grant of certificate of registration of public trust under section 20 of the maharashtra public trusts act, 1950 relates back to the date of formation or constitution of the trust, as it is merely a recognition of the existing trust. (4) the certificate of exemption issued under section ..... requirement of sub-section (1) of section 46 or sub-section (1) of section 49a under chapter iii of the said act, the exemption under section 129(b) of the said act can be claimed only after coming into force of the said act. once it is held that the trust is entitled to exemption under section 129(b) of the said ..... the tenant to pay land revenue, canal revenue and other cesses also continues. 18. sub-section (14a) of section 43 of the said act was added by section 7 of maharashtra act no.2 of 1962, brought into force with effect from 1-3-1962, and it reads as under: 43. tenant to make an offer, determination of purchase price, mode .....
Tag this Judgment!Court : Mumbai
..... of fitness and pollution under control certificates, permits, accidents involving motor vehicles, etc. in our view, the central government need not wait till the new act comes into force. a national data grid containing all the information about all motor vehicles registered throughout india can be created. 45. lastly, we must deal with the ..... shall be provided with sliding curtains. (b) in case where the fixed glasses are provided, minimum one hatch should be provided on roof top at suitable place for air circulation. (c) sliding windows shall be provided to the driver partition immediately behind the driver. (d) miscellaneous. (a) no hat racks shall be permitted in ..... relaxation to the vehicles registered as sleeper coach or sleeper bus from one or any of the above conditions giving reasons in writing cooling capacity. the air-condition engine compartment shall be provided with sound insulating materials so as to damper the engine noise to suitable db level; and with vibrating mounting so .....
Tag this Judgment!Court : Mumbai
..... the labour contract was sham, camouflage or a devised to deny the statutory benefits to the workers. from the judgment under challenge, it is clear that air india case (supra) weighed with the high court which judgment now stands overruled as already stated above. the high court rejected the contention that jurisdiction to ..... vs. casteribe rajya p.karmchari sanghatana (2009 iii clr 262)and hari nandan prasad and anr. vs. employer i/r of management of fci ad anr. (air 2014 sc 1848)and if unfair labour practice is established, the industrial adjudicator is not powerless to grant affirmative reliefs of permanency and regularisation. xiii) in the ..... intermediaries used by the petitioner to employ workmen. she contended that the position before the clra act came into force was that contract labour matters were dealt with by the industrial tribunal under section 10 of the industrial disputes act, 1947 and the question generally arose whether the arrangement is sham and bogus and the tribunal .....
Tag this Judgment!Court : Mumbai
..... trade unions, air 1961 cal 165; v.). 22. what is it exactly of which deolankar stands accused? mr. damle has tendered a number of charts and compilations. one of these is a tabulation tendered on 9th october 2015 captioned points to ponder for removal of executor u/s. 301 of succession act in mptl ..... a trustee to the estate forever ; (2) regarding treating all beneficiaries fairly without picking favourites for making speedy disbursals ... without misappropriating funds, etc. (3) regarding acting personally and not through metco as deolankar s constituted attorney; (4) regarding preservation and protection of the estate; (5) regarding paying the dues of the estate and ..... means that deolankar should continue to function as an executor. this is yet another conflict that is never fully reconciled. 33. section 301 of the succession act says: section 301. removal of executor or administrator and provision for successor the high court may, on application made to it, suspend, remove or discharge .....
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
..... to make changes in existing provisions and further introduce sections 143 to 147 by the negotiable instruments (amendment and miscellaneous provisions ) act, 2002, which came into force with effect from 6-2-2003. by this act, sections 138, 141, and 142 were amended and section 143 to 147 were introduced with an aim to ensure expeditious ..... ketan raj and jeevandeep hospital and critical care centre (hereinafter referred to as jeevandeep hospital) for offence under section 138 of the negotiable instruments act. it is alleged that the applicant and the other two accused were in need of finance and had therefore approached the complainant company with a request to ..... applications nos.502 of 2014, 299 of 2014 and 101 of 2014 for quashing the process against the applicant for offence under section 138 of the negotiable instruments act. 3. the brief facts necessary to decide these applications are as under: the respondent no.1- complainant had filed complaints against the applicant, one mr. .....
Tag this Judgment!Court : Mumbai Goa
..... of settled principles of law. learned district judge has rightly found, by relying upon the case of mrs. bijal parag dave vs. parag labhashankar dave, air 1999 bom 237 that the only consideration before the court exercising its power for grant of interim maintenance is the inability of the spouse to maintain herself ..... submits that although this article does not delineate the power of the court to grant interim maintenance, the principles governing grant of maintenance under the hindu marriage act would have to be followed as they are founded on good conscience, morality and public policy and, therefore, invocation of these principles by the learned district ..... articles 20, 29 or 30 for exercising discretion to grant interim maintenance, the per-requisites for grant of interim maintenance under section 24 of the hindu marriage act, can be invoked and pressed into service for exercising a similar discretion. after all, these per-requisites have their origin in the principles of good conscious .....
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