Court : Mumbai Nagpur
..... therefore, be for the respondent to file proceedings under section 9 of the said act seeking appropriate directions against the petitioners either pre-arbitration or during pendency of the arbitration. ..... the gist of the finding of the learned judge was that the dispute in the said suit is in respect of the directions given by the escrow agent in terms of the agreement dated 26/12/2008 and in terms of clause 19 of the said agreement, it is specifically mentioned that the parties agreed that the rights provided in clause 27 of the ifs are in addition to this clause and not by way of ..... submissions on behalf of the respondent : i) that, reading of clause 19 of the ifs relating to the escrow agent and the escrow agreement dated 26/11/2008 discloses that the parties have provided for an interim arrangement so that the ifs can be executed and complied with and for the said purpose have vested the escrow agent with ..... no dispute as regards the fact that the escrow agent has been appointed to facilitate the implementation of the ifs and in furtherance thereof, the escrow agreement dated 26/12/2008 has been executed as well as a power of attorney has been executed by the parties in favour of the escrow agent. ..... the learned judge further held that since in terms of clause 5 of the escrow agreement dated 26/12/2008, the parties agreed that the obligation of the escrow agent under the said family settlement shall not be affected by any dispute or difference between the parties to the said ifs and .....
Tag this Judgment!Court : Mumbai Nagpur
..... similarly, we grant respondent no.5 liberty to make appropriate representation to respondent no.2 pointing out that as he may be the backward class candidate, who has secured highest marks, he should have been selected and appointed against appropriate backward class post. ..... we direct the respondent no.1 to file appropriate affidavit explaining the position within a period of four weeks from today. ..... he has invited our attention to government resolution dated 27.6.2008 to urge that as the petitioner is more in age, he needs to be appointed. 7. ..... in so far as clause no.6 of government resolution dated 27.6.2008 is concerned, it contemplates that when candidates have secured same marks, one who is more qualified educationally needs to be selected. ..... 2 employer are relying upon government resolution dated 27.06.2008 for said purpose. ..... the only relevant norm which can be looked into as per the government resolution dated 27.6.2008 is clause 6(6), i.e. ..... copy of this order be furnished to learned counsel for parties to act upon. ..... they also rely upon the very same government resolution dated 27.6.2008. 8. .....
Tag this Judgment!Court : Mumbai Nagpur
..... has with best intentions and due thought to financial position, taken appropriate decision and extended, whereever possible, the benefit thereof to teachers employed ..... of a new college, maintains academic standards, conducts all examinations of college students and grants degree is incorporated under s.3(1) of the maharashtra universities act ,1994; referred to as 1994 act hereafter, and its sub-section (4) enables it to acquire and hold or dispose of the property. ..... hon'ble apex court in its judgment dated 07.04.1997 directed government to consider the issue and the direction did not unmistakably restrict the freedom of government to take appropriate decision; as such, there was no contempt. ..... we make it clear that this principle does not apply to a case where an official of the government acts as a statutory authority and sues or pursues further proceeding in its name because in that event, it will not be a suit or proceeding for or on behalf of a state/union of india but by the ..... out that said scheme of ministry of human resources development dated 31.12.2008 is for revision of pay of teachers and equivalent cadres in universities ..... 233 of 2002 came to be filed before this court and on 15.06.2008, this court, after some observations in favour of the employees, noted that government resolution dated 27.06.2001 was against the mandate of the court and then gave government ..... she points out that 2008 ugc scheme is for pay revision and it ..... subbarayudu, (2008) 14 scc 702), at page 704, hon' .....
Tag this Judgment!Court : Mumbai Nagpur
..... if such a purchaser deposits the balance amount voluntarily, in appropriate case, it can be viewed a positive material in its ..... aspee bapuna for financial assistance ?proved.11.whether the suit is hit by section 164 of the maharashtra co-operative societies act, 1960?yes.12.whether the plaintiff proves that it was and is ready and willing to perform its part of contract?not proved.13.whether the plaintiff is entitled for reliefs as sought?no.14.what order and ..... willingness, shri dangre, learned counsel, invites attention to the explanation at end of section 16(c) of specific relief act, and points out that the trial court had never ordered the plaintiff to deposit the balance amount. ..... suit and due to interim orders passed therein, the plaintiff could take appropriate steps resulting in this permission to develop. ..... certain other defences but the same can be more conveniently looked into at appropriate place in this judgment. 9. ..... upon certain judgments and we find it proper to refer to the same at appropriate place. ..... attention to various exhibits on record to point out the loan facility availed by the defendants from the state bank of india, one time settlement with it, action under section 29 of state financial corporation act by maharashtra state financial corporation, adverse order of debts recovery tribunal, etc. ..... came up with stand that after nit refused proposal of the plaintiff to develop park on 31.03.2008 vide exh. ..... 2008 (4) ..... (2008) 1 ..... 2008 (6) ..... of this court in 2008 (6) mh.l.j. .....
Tag this Judgment!Court : Mumbai Nagpur
..... physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act : provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then ..... hingna at the concessional rate and after having been successful in getting the lands at concessional rate in the year 2008, after 'the act of 2013' came into effect in the year 2014, they have turned back contending that possession of the land is not taken and sought a declaration that the reservation has lapsed. ..... the communication dt.14.6.2008 further refers to the request made by respondent no.4 for grant of lands to the petitioners and other industries at a concessional rate. ..... it further appears from the communication dt.7.5.2008 that the m.i.d.c. ..... on 20.12.2008. 29. ..... 21.1.2008 of the board of directors the m.i.d.c. ..... however, the petition was resisted by the state on the ground that possession was taken on 28.11.2008. ..... an award came to be passed on 28.11.2008. ..... accordingly, a reference has been made by the collector to the learned civil court, which is registered as reference no.92 of 2008. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , or the workman has been paid in lieu of such notice, wages for the period of the notice; and (b) the prior permission of the appropriate government or such authority as may be specified by that government by notification in the official gazette (hereafter in this section referred to as the specified authority) has been obtained on an ..... unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion the court be necessary to effectuate the policy of the act; (c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be cancelled or that all or any of its rights under subsection (1) of section 20 ..... v-b of the industrial disputes act are attracted for retrenchment of the complainants and the mandatory provisions of section 25-n( 1) of the industrial disputes act, requiring the employer to give three months' notice or salary in lieu of notice for such period and obtaining of prior permission of the appropriate government, have not been ..... revisions (ulp) nos.325 of 1996; 199 to 212 of 1998; 144 to 152 of 1999; 344 of 1999; 88 and 89 of 2001; and 22 of 2008, decided on 12.6.2001; 6.7.2001, 6.12.2004, 8.3.2002 and 29.7.2004, has concurred with all the findings of fact recorded by the trial court, and particularly it has ..... vikramcement and others, reported in (2008) 14 scc 58, the apex court had an occasion to deal with .....
Tag this Judgment!Court : Mumbai Nagpur
..... thus, section 48(6) of the 2002 act, casts obligation upon the respondents to appropriate the excess amount paid by the dealer in any previous year towards its demand in subsequent ..... the amount found refundable to the petitioners shall then be appropriately dealt with in accordance with law under section 48(6) noted ..... the petitioners state that questioning the levy of interest and penalty as also tax assessment for the year 2008-09, they have separately filed statutory appeals before the appellate authority and that authority has stayed recovery of penalty ..... consequences of such appropriation can be examined in appeals which are preferred by the petitioners challenging subsequent levy of tax, interest and penalty for the year 2008-09.9. ..... it is apparent from the facts noted by us that though assessment for the year 2008-09 has been finalized and demand has been made, assessment for the earlier year i.e ..... the grievance is, as assessment for the period from 01.04.2007 till 31.03.2008 is not being finalized, the exact amount to be returned to the petitioners has still not been crystallized and, therefore, cannot be technically used to claim set off against later demand ..... which interprets the provisions of sections 30 and 50 of the maharashtra value added tax act, 2002, is also pressed into service. ..... the period from 01.04.2008 to 31.03.2009. ..... different establishments are before this court, complaining about non assessment of its value added tax for the period from 01.04.2007 to 31.03.2008.3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , therefore, argues that the petitioners themselves are not certain about nature of industry and till such nature is appropriately dealt with and declared, ulp complaint under item 9 could not have been filed. ..... he points out that labour court could have in proceedings under section 20 and 21 of the minimum wages act considered the nature of industry but then as those proceedings in mwa.no.18 of 1995 were being prosecuted by department, the same have been dismissed ..... during arguments, my attention has been invited to the orders of this court dated 20/11/2008, by which this court has directed government to file affidavit about the type of industry carried out by ..... 1 of 2006 has been filed by minimum wage inspector under section 21 of minimum wages act for recovering alleged arrears on account of difference between wages as paid by respondent no.1 and wages prescribed for ..... out that even three government labour officers, who visited the establishment after orders of this court dated 20/11/2008, could not with certainty certify the nature of activity. ..... is brought to notice of this court that in scheduled appended to minimum wages act in exercise of power under section 27 thereof, residuary industry has been added on ..... the similar inspection carried on 4/4/2008 is also pressed into service to show that it also classifies industry of respondent as ' ..... on the other hand, has urged at the outset that ulp (complaint) as filed was under item no.9 of schedule iv of mrtu and pulp act, 1971. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the workmen were removed during the pendency of their complaints before the industrial court under item 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and in that background, the hon'ble supreme court observed that the complaints could not have been scuttled by the unceremonious removal of the complainants from service and the doctrine of ..... though the petitioner federation was granted liberty to move an appropriate application, it is not in dispute that no application was filed in the first appeals seeking stay to the orders of the ..... though it is concealed by the petitioner-federation, as no averment is made in the petition in this regard, the order dated 30.06.2008 was modified by this court on 11.08.2008 and this court disposed of the applications filed by the petitioner-federation for staying the impugned orders of the employees' insurance court, as ..... applications filed in the first appeals as infructuous, granting liberty to the petitioner-federation to move an appropriate application, which could be considered on its merits. ..... had, by the order dated 30.06.2008 in the first appeals, restrained the respondent-corporation from taking coercive steps to recover the contribution amount and the respondent-corporation was not justified in issuing the prohibitory order and withdrawing substantial amount from the account of the petitioner-federation towards the dues allegedly payable under the provisions of the act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... cannot be held to have overridden the powers of the industrial and labour courts in passing appropriate order under section 30 of the mrtu and pulp act, once unfair labour practice on the part of the employer under item 6 of schedule ..... aforesaid undisputed factual position, the industrial court has recorded the finding in all the matters that in terms of clause 4c of the model standing orders under the industrial employment (standing orders) act, which are applicable to the employees working in the municipal council, the complainants have rendered 240 days' continuous service and hence they are entitled to regularization. 4. ..... the matters be, therefore, placed before hon'ble the chief justice for constitution of appropriate bench in terms of rule 7 of chapter i of the bombay high court appellate side rules, 1960 to decide the ..... in respect of class-iv employees working in the same municipal council : whether, in the absence of creation or sanction of the posts under section 76 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, the complainants were entitled to claim permanency or regularization in service on the basis of clause 4c of the model standing orders under the industrial employment (standing orders ..... already answered by at least two division benches of this court in 2006 and in 2008 in 2 lpas and by at least two learned single judges s/shri s. j. ..... 14 of 2008 dated 31-7-2008 reported at 2008 (5) all ..... 497 = 2008 (10) lj soft 53 state of .....
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