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Judgment Search Results Home > Cases Phrase: apprentices act 1961 maharashtra section 7 termination of apprenticeship contract Page 1 of about 9 results (0.066 seconds)

Jun 16 2014 (HC)

Mina Srinivasan Krishnan and Another Vs. Arun Bhaskar Adarkar

Court : Mumbai

..... . in the facts and circumstances of the case, this court after making reference to section 33 of maharashtra rent control act, 1999, and after making reference to averments made in the plaint, in which directions were sought for proper administration of the trust, held that neither the provisions of section 33 of maharashtra rent control act, nor the provisions of section 50 of bombay public trusts act barred jurisdiction of the high court on original side to entertain the suit. 11 ..... accommodation in a hotel or lodging house; 7(15) tenant means any person by whom or on whose account rent is payable for any premises and includes (a) such person (i) who is a tenant, or (ii) who is a deemed tenant, or (iii) who is subtenant as permitted under a contract or by the permission or consent of the landlord, or (iv) who has derived title under a tenant, or (v) to whom interest in premises has been assigned or transferred as permitted, by virtue of, or under the provisions of, any of the repealed ..... . the landlord filed in the court of small causes a suit in ejectment against the tenant, after terminating the tenancy, and to that suit impleaded two persons who the landlord alleged had no right to be on the premises ..... second matter before the honourable supreme court, the appellant/ plaintiff filed the suit for eviction of her brother and his wife claiming herself to be sole legatee of her father under the probated will dated 06.10.1961 which referred to the tenancy rights in the disputed premises .....

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Jul 19 1999 (SC)

M/S. Lokmat Newspapers Pvt. Ltd. Vs. Shankarprasad

Court : Supreme Court of India

Reported in : AIR1999SC2423; 1999(3)ALLMR(SC)701; JT1999(4)SC546; (1999)IILLJ600SC; 1999(4)SCALE109; (1999)6SCC275; [1999]3SCR907; 2000(2)SLJ144(SC); 1999(2)LC1201(SC)

..... respondent raised an industrial dispute by filing a complaint under section 28 of the maharashtra act alleging that the impugned termination order amounted to 'unfair labour practice'. ..... or any investigating officer may, within ninety days of the occurrence of such 'unfair labour practice', file a complaint before the court competent to deal with such complaint either under section 5, or as the case may be, under section 7, of this act:provided that, the court may entertain a complaint after the period of ninety days from the date of the alleged occurrence, if good and sufficient reasons are shown by the complainant ..... of section 59 of the maharashtra act which lays down as under:if any proceeding in respect of any matter falling within the purview of this act is instituted under this act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the central act or, as the case may be, the bombay act; and if any proceeding in respect of any matter within the purview of this act is instituted under the central act, or, as the case may be, the bombay act, then ..... order was served on the respondent, he filed a complaint on 25.6.1982 before the labour court under section 28 of the maharashtra act alleging that the respondent indulged in 'unfair labour practice' which falls within the provisions of schedule -iv item ..... cases of single discharge under the contract of employment for a fixed period where an employee on efflux of time may be terminated. .....

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Jul 14 2003 (HC)

U.P. State Electricity Board and anr. Vs. Presiding Officer, Labour Co ...

Court : Allahabad

Reported in : (2003)3UPLBEC1983

..... has submitted that there is no dispute in the proposition laid down by the apex court that a person who is enrolled as apprentice in accordance with the provisions of the apprentices act, 1961 cannot claim the benefit of the workman as stated under the u.p. ..... up by the employer and arrived at the conclusion that the concerned workman cannot be treated to be an apprentice because he has not been registered under the provisions of the apprentices act, 1961. ..... submitted that as far as employer is concerned, it has complied with the entire provisions of the apprentices act so far it requires on behalf of the employer concerned, it has also submitted requisite papers for ..... has not been disputed by the employer that the workman concerned has not been registered under the provisions of the apprentices act and the benefit of the apprentices act can be conferred on a person only if he is registered under the provisions of the apprentices act.4. ..... , decided on 31st march, 2003 wherein the learned single judge has relied upon several decision of the apex court and has held that the workman concerned being apprentice cannot be treated to be a workman and the view taken by the labour court to the contrary deserves to be set aside as has been done by the ..... 2 as apprentice and after the expiry of the period of apprenticeship, his services were terminated for which a disputes has been raised, as stated above, and the reference is ..... maharashtra ..... act, 1947 and have to comply with the provisions of section .....

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Sep 24 1986 (HC)

Kishan Arjundas Motwani Vs. Keshav Gurdinomal Makhija

Court : Mumbai

Reported in : 1987(2)BomCR291

..... not, but for this provision, be within its jurisdiction,(a) in greater bombay, the court of small causes, bombay,(aa) in any area for which, a court of small causes is established under the provincial small cause courts act, 1887, such court and(b) elsewhere, the court of the civil judge (junior division) having jurisdiction in the area in which the premises are situate or, if there is no such civil judge, the court of ..... 'the reading of the provisions of section 28(1) of the bombay rent act reproduced above shows that a suit by a licensor against a licensee after the expiry or termination of the licence, for possession of the property in respect of which the licence was granted and for recovery of compensation for use and occupation for the period during which the licensee ..... which any of the provisions of this part apply, or between a licensor and a licensee relating to the recovery of the licence fee or charge and to decide any application made under this act and to deal with any claim or question arising out of this act or any of its provisions and subject to the provisions of sub-section (2), no other court shall have jurisdiction to entertain any such suit, proceeding or application or to deal with such claim or question. ..... me that as the plaintiff occupied the premises as licensee and the licence was subsisting on 1st february, 1973 when section 15-a was inserted in the bombay rent act by the maharashtra act no. ..... is permissible if there is a specific contract to that effect. .....

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Nov 22 1982 (HC)

Food Corporation of India Vs. K.K. Uppal, Chairman Bombay Port Trust

Court : Mumbai

Reported in : (1983)85BOMLR9

..... shall be computed as follows :(iv) (j) in suits where declaration is sought, with or without injunction or other consequential reliefs and the subject matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this act ad valorem fee payable, as if the amount or value of the subject-matter was three hundred rupees.article 7 of schedule i provides that in respect of any plaint, application or petition (including memorandum of appeal) to obtain substantive relief capable ..... chowgule, learned counsel for the state of maharashtra, that the suit is covered by the provisions of article 7 of schedule i of the bombay court-fees act and the plaintiffs have been properly directed to pay court-fees of ..... plaintiffs to pay to the state of maharashtra the costs of the chamber summons.13. ..... chowgule that in view of the abovementioned clause in the contract between the plaintiffs and the buyers regarding payment, the plaintiffs would not have got the payment, unless a clear bill of lading and a clean mate's receipt were issued by defendant no. ..... 4,55,00,000 even though all the terms of the contract have been satisfied on the part of plaintiff corporation including inspection ..... clause 34 of the contract provided that the payment would be made under the contract on the presentation of the original documents ..... under section 6(iv)(j) of the bombay court-fees act. ..... section 6(iv)(j) runs as ..... section 6 deals with the computation of fees payable in certain suits for .....

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Jan 23 2004 (HC)

Principal, Government H.S.S. Vs. Sakeer

Court : Kerala

Reported in : AIR2004Ker176; 2004(1)KLT647

..... act were incompetent and barred by section 59 of the maharashtra act ..... mohini mills, 1992 (1) klt 404, this court took the view that no appeal under section 5 of the kerala high court act will lie against the judgment of the learned single judge passed in exercise of the supervisory ..... in exercise of supervisory jurisdiction the high court may not only give suitable directions so as to guide the subordinate court as to the manner in which it would act or proceed thereafter or afresh, the high court may in appropriate cases itself make an order in supersession or substitution of the order of the subordinate court as the court should have made ..... section 28 of the maharashtra act ..... act, 1947 as also the rules framed thereunder, had totally lost sight of the object and purpose of those provisions and had put an interpretation alien to industrial jurisprudence and had thus committed serious error of law apparent on the face of the record which resulted in serious miscarriage of justice and also a failure to exercise the jurisdiction vested in the courts below under the provisions of the maharashtra act ..... 38(9) of the judgment of the supreme court in surya dev rai (supra):'while exercising jurisdiction to issue a writ of certiorari, the high court may annul to set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. ..... discharge orders terminating the service of the employees following the provisions of section 25f of ..... 1961 .....

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Nov 05 1993 (HC)

Popular Colour Lab Pvt. Ltd. Vs. Union of India

Court : Mumbai

Reported in : 1993LC202(Bombay); 1993(68)ELT544(Bom)

..... we accordingly formulate the following point for consideration by a larger bench:- 'whether regulations framed under section 157 of the customs act can be termed as `statute' and whether doctrine of promissory estoppel can be evoked against such ..... section 157 is contrasted with section 156 and 159 of the customs act, it appears to us that the regulations framed under section 157 are the regulations for the purposes of carrying out the object of the act, unlike the rules framed under section 159 of the act ..... the division bench held that the regulations framed under section 157 of the customs act, 1962 are statute and consequently, the doctrine of promissory estoppel cannot be evoked ..... 230 of 1986 under the purported exercise of powers conferred under- section 157 of the customs act superseding the earlier regulations of 1965 and brought into force new ..... the central board of excise and customs in exercise of powers under section 157 of the customs act issued regulations to regulate and prescribed the manner for registration of such ..... 9th april 1986 issued by the government of maharashtra, directorate of industries. ..... was necessary for every importer who wants to claim the benefit thereunder, to apply in writing for the registration of the contract before clearance of the goods. ..... as per the contract, the delivery of the said labs was to be effected on or before ..... prescribed under the said entry were known as `project imports' (registration of contract) regulations 1965. ..... into a contract with m/s .....

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Jan 25 1988 (HC)

Shivlalbhai Vallabhbhai Vs. the Oil and Natural Gas Commission, Ankles ...

Court : Gujarat

Reported in : AIR1988Guj263; (1988)1GLR329

..... petitioner, who is the owner of the said land and who has put this land for the personal use to rear number of buffaloes, has filed this special civil application and wants a declaration that section 35 is void, ultra vires and infringes the fundamental rights guaranteed under articles 19, 14 and 21 and also the right of the petitioner under article 300a of the constitution.3. mr. r. n. ..... the short facts of the case for the purpose of disposal of this case are that the oil and natural gas commission, which was established by an act of 1959 for the development of petroleum resources and the production and sale of petroleum and petroleum products, has its regional offices at baroda and ankleshwar. ..... shah wants us to draw from the decisions cited by him as if there is a fraud on the statute, cannot be sustained since section 35 is intra vires the constitution and has been invoked by the 2nd and 3rd respondents only or a temporary period in order to enable the acquiring authority to house its security ..... if the petitioner is in any way aggrieved by such permanent acquisition of the land under the land acquisition act, he has ample remedy for the purpose of questioning the same, if he makes out a case in the proper ..... shah-pertain to the requisitioning act of the various states while the section involved in this case is under the land acquisition act, 1894. ..... state of maharashtra reported in air 1984 sc 866 ..... state of maharashtra reported in air 1984 sc 866 and in the case of jiwani kumar v .....

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Sep 28 2001 (HC)

Janakalyan Sahakari Bank Ltd. Vs. Windmill Hotels Private Limited

Court : Mumbai

Reported in : [2002]109CompCas311(Bom)

..... shah, learned advocate for the company has raised the following points of the defences :(a) under section 91 of the maharashtra co-operative societies act, 1960, the bank should have raised a dispute before the co-operative court and should not have filed the present company petition which according to the learned advocate is not maintainable. ..... as far as its actual debt is concerned the registrar under section 101 of the maharashtra co-operative societies act shall hold proper enquiry to determine the debt and shall issue proper recovery certificate to the bank for recovery of the amount as provided therein. ..... (b) the petitioner-bank having filed a recovery suit, under section 101 of the maharashtra co-operative societies act, the company petition for winding up amounts to a pressurising tactics and therefore, it should not be entertained. ..... i therefore, hold that initiation of recovery proceeding under section 101 of the maharashtra co-operative societies act does not barthe present company proceeding which is not exclusively or only for recovery of its debt but it has a larger purpose to inform the other creditors and the society at large that the company is not ..... according to learned counsel the recovery proceedings under section 101 of the maharashtra co-operative societies act, 1960, which are pending before the court do not bar the petitioner- bank from filing the present company petition for winding up. .....

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Sep 29 1984 (HC)

Viswasrao Chudaman Patil Vs. Lok Ayukta, State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1985Bom136; 1985(1)BomCR108; (1983)86BOMLR506; 1985MhLJ54

..... so far as the state government is concerned, it enacted the present legislation known as the maharashtra lokayukta and upa-lokayuktas act, 1971, which is more or less on the pattern of the bills introduced in the central ..... rule 35 of the rules is framed under the maharashtra lokayukta and upa-lokayuktas act, 1971 in purported exercise of the power conferred by section 20 of the act. ..... none of the averments made in the complaint amounted to an 'allegation' within the meaning of the said expression as defined in section 2 (b) of the act, and, therefore, the lokayukta had had no jurisdiction to entertain the complaint itself, much less to pass an interim order of stay ..... then the hearing of the case was adjourned to 12th june 1984, for the determination of the issue as to whether the lokayukta had jurisdiction to entertain the complaint of respondent no.2, in view of section 8 of the maharashtra lokayukta and upa-lokayuktas act. ..... state of kerala : air1973sc1461 'the first thing one has to do, i venture to think, in construing words in a section of an act of parliament is not to take those words in vacuo, so to speak, and attribute to them what is sometimes called their natural or ordinary meaning in the sense that they must be so read that their meaning is entirely independent of their ..... in this context, shri setalvad rightly draws our attention to section 250 of the companies act which empowers the central government to restrain certain actions pending an investigation into certain .....

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