Court : Mumbai
Reported in : (1956)IILLJ546Bom
..... : industrial disputes act, 1947 - section 10(2)award1. this is a reference made by the government of bombay under s. 10(2) of the industrial disputes act, 1947 (xiv of 1947). the reference concerns a dispute raised by the colgate-palmolive employees' union, bombay, on behalf of the employees of the said company regarding bonus for the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom601
..... the pleasure of the president can it be said that the plaintiff still has a right of action for dismissal? the argument here was that the effect of sections 22 to 24, army act of 1950 and the rules and regulations made thereunder was that the service of the plaintiff could not be regarded as during the pleasure of the president.10. this argument ..... must be negatived. in the first place it goes contrary to the express and explicit language of article 310. moreover it ignores section 18, army act which lays down that every person .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom246; (1957)59BOMLR569; ILR1958Bom60
..... the legislature thought it necessary that action should be taken only after giving an opportunity to be heard, an express provision in that behalf was made in section 47 of the act. evidently the petitioner is not claiming protection of any fundamental right by his petition, and the ordinance not having made it obligatory upon the university to give ..... the papers submitted by him does not, in our judgment, vitiate the order passed by the university. a comparison of the answer papers in the economics section and the mathematics section discloses that there has been serious misconduct on the part of the petitioner either in copying from the answer papers of another candidate or allowing another candidate ..... the maintenance of discipline.where a class teacher or the head of an educational institution or a commander of an army in the field or an officer in charge of a fire brigade is faced with act of indiscipline on the part of a student or examinee or a member of the force for the purpose of .....
Tag this Judgment!Court : Mumbai
Reported in : (1957)59BOMLR518; [1957]31ITR959(Bom)
..... result of its working would be and whether in fact it would be assessed to tax or not; and therefore for the purpose of interpreting the proviso to section 10 of the finance act of 1942 mr. kolah asks us to read the expression 'liable to assessment' as meaning that there is a possibility of the profits made by an assessee ..... that liability because it represented to the department that its profits were liable to excess profits tax in the united kingdom. now when the question arose under section 11 (11) of the finance act, 1946, as to how the refund should be brought to tax, the assessee company completely changed its front and took up the attitude that its profits ..... tax, the whole repayment was to be treated to be the income of the previous year. with this legal background let us look at the facts of this case. 2. army & navy stores ltd., who are the assessees before us, were incorporated in the united kingdom and had a registered office there. they also carried on business in india at .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom23
..... result of its working would be and whether in fact it would be assessed to tax or not; and therefore for the purpose of interpreting the proviso to section 10 of the finance act of 1942, mr. kolah asks us to read the expression 'liable to assessment' as meaning that there is a possibility of the profits made by an assessee ..... that liability because it represented to the department that its profits were liable to excess profits tax in the united kingdom. now when the question arose under section 11 (11) of the finance act, 1946, as to how the refund should be brought to tax, the assessee company completely changed its front and took up the attitude that its profits ..... tax, the whole repayment was to be treated to be the income of the previous year. with this legal background let us look at the facts of this case,2. army & navy stores ltd, who are the assessees before us, were incorporated in the united kingdom and had a registered office there. they also carried on business in india at .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom18; (1957)59BOMLR663; ILR1958Bom547
..... 1371 of 1955, the application fails and the rule will also be discharged with costs.vyas, j.9. i agree with my learned brother's construction of section 31(1) of the court-fees act.10. the learned government pleader contends that in regular suits refund of half the amount of court-fee is claimable, if the suits are settled by agreement ..... of similar language somewhere else, unless the said language is construed by a court, would not help the opponents on a question of construction. neither section 11(1) of the bombay city civil court act nor any of the notifications referred to above has so far been construed by any court and we are told that the practice in the city ..... apply to two different sets of circumstances. this view is in accordance with the three decisions referred to above. support to this construction is also derived from section 73 of the presidency small cause courts act.7. this being our view of the matter, we must hold that in c. r. a. no. 1116 of 1955 the order made by the .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR159
..... persons who are subject to the act. under section 3(ii) 'civil offence' is denned as 'an offence which is triable by a criminal court', and ..... others, the provisions of sections 125 and 126 of the army act read with the relevant rules framed under the act, have not been complied with.15. in order to examine these submissions, it would be necessary to deal in some detail with the provisions of the army act, 1950, and the rules made thereunder. section 2(1) of the act gives a list of ..... that there are some irregularities and errors in the charge.14. the second point as regards the legality of the trial is raised under the provisions of the army act, 1950, by mr. purshottam on behalf of accused no. 1. that again is a point which has been raised for the first time in appeal challenging the jurisdiction .....
Tag this Judgment!Court : Mumbai
Reported in : 1958CriLJ1144
..... persons who are subject to the act, under section 3 (ii) 'civil offence' is defined as 'an offence which is triable by a criminal court', and ..... , the provisions of sections 125 and 126 of the army act read with the relevant rules framed under the act, have not been complied with.14. in order to examine these submissions, it would be necessary to deal in some detail with the provisions of the army act, 1950, and the rules made thereunder. section 2 (1) of the act gives a list of ..... that there are some irregularities and errors in the charge.13. the second point as regards the legality of the trial is raised under the provisions of the army act, 1950, by mr. purshottam on behalf of accused no. 1. that again is a point which has been raised for the first time in appeal challenging the jurisdiction .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom102; (1958)60BOMLR748
..... 4th respondents and banarasilal meghraj was the nominee of the partnership of messrs narandas kedarnath. unit 1950-51 the firm of bilasrai banarasilal and co. was assessed by the income tax authorities as a registered firm under section 23(5)(b) of the income-tax act, and the tax assessed in respect of that firm was paid by the two firms of ..... the second place, the orders in this case are issued not by the income-tax officer but by the additional collector in recovery proceedings under section 46(2) of the income tax act, and section 46 unlike section 29 does not provide for any such notice. but on facts which cannot be in dispute the 2nd respondent did give a notice to the ..... . it is, however, impossible to say as in the case of a trustee that any rights in the popery either vest in him or that under section 13 and the sections following thereafter of the trusts act any obligations therein set out fall on him. in gur narayan v. sheolal singh ilr 46 cal. 566: (air 1918 pc 140) (g), their .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom60; (1959)ILLJ368Bom
..... particular law, it is entitled to look into the statement of objects and reasons. we are not going to construe the provision of sub-section (3) of section 1 of the act in the light of the 'objects and reasons,' and the only purpose for which we have quoted the objects and reasons is to indicate ..... industries specified in schedule i, namely, cement, cigarettes, electrical, mechanical or general engineering products, iron and steel, paper and textiles. section 4 of the act provides for the extension of the act to other factories by a notification in the official gazette. of late, there has been a persistent demand for the extension of provident ..... establishments like plantations, mine, commercial establishments, etc. it is, therefore, proposed to include an enabling provision in the act to the effect that, subject to the exemptions provided in section 16,m the act shall apply to any establishment or class of establishments as may be specified by the central government by notification in the .....
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