Judgment Search Results Home > Cases Phrase: bihar appropriation act 2005 Court: mumbai Page 1 of about 8,345 results (0.114 seconds)

Mr. Prem Ranjan Patel Vs. Sakchi, Jamshedpur-831001

Court : Mumbai

..... was placed before the supreme court and though liberty was granted to the parties to agitate against any grievance, before an appropriate forum, the supreme court did not note or record anything adverse against the said report.13. ..... upon the bifurcation of the state of bihar into the states of jharkhand and truncated bihar as of 15th november 2000 pursuant to the bihar reorganization act, 2000, different organizations made competing claims that they were the "bihar cricket association" which was a full member of the bcci and had a right to avail the benefits of full membership ..... based on this report, the slp was disposed by the supreme court on 12/12/2005 with liberty to the aggrieved parties to agitate their objections before an appropriate forum. ..... by taking this report on record, the supreme court disposed the slp on 12/12/2005 with liberty to agitate their objections against the same before the appropriate forum. ..... then came the one man committee of shri krishnamurthy appointed by the supreme court on 25/10/2005 and in his report dated 5/12/2005, he stated that bca (patna) was a newly created association and jsca was the original bca (1935 ..... it would be appropriate to reproduce the said ..... our view, if any of the parties feel aggrieved by the report, it would be open to them to challenge the same before an appropriate forum. ..... accordingly, shri krishnamurthy submitted his report on 5/12/2005 and stated that bca (patna) was a newly created association and jsca was the original bca (1935 .....

Rayon Workers' Union and Shri Dinesh Pratap Singh Vs. Century Rayon an ...

Court : Mumbai

Reported in : 2005(4)ALLMR232; (2005)IIILLJ618Bom

..... formed unlawful assembly to commit mischief and other offences;c) were shouting slogans inside the premises of the establishment;d) indulged in abusive, disorderly and riotous behaviour on the premises of the establishment;e) committed acts subversive of discipline and good behaviour on the premises of the establishment;f) unauthorisedly possessed lethal weapons in the premises of the establishment;g) stopped at the gate of the factory, car no. ..... company being hospitalised for over a month, he has been found guilty of other charges such as riotous behaviour on the premises of the establishment, forming unlawful assembly, shouting slogans in the premises, commission of acts subversive of discipline and causing willful damage to the property of the establishment including the car used by the president of the company and the telephone instruments. ..... however, when there is a settlement or an agreement or an understanding which could be either in accordance with the provisions of the industrial disputes act or merely an oral understanding to retain some employees who were charged while dismissing others who were similarly charged it cannot be said that the employer would be guilty of ..... referred for adjudication of the industrial tribunal/labour court under section 10(2) of the act and that until such adjudication they would be paid 175% of the last drawn ..... it would be appropriate at this stage to consider the judgments ..... bihar colliery kamgar union through workmen 2005 (104) flr 1224; zuari .....

Kashinath Raghunath Shinde Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : (1997)IIILLJ496Bom

..... legal position as to the limits of the discretion of the appropriate government under section 10 of the industrial disputes act for refusing a reference of an industrial dispute has been laid down by number of decisions of the supreme court and of this court, and it is unnecessary for me to reproduce them, except to indicate that, under section 10, the appropriate government is not entitled to adjudicate the merits of industrial dispute. ..... of labour, pune, informed him that he was not satisfied that there was any case for reference of the dispute for adjudication under section 12(5)(a) of the industrial disputes act, 1947 for the reason, 'having regard to the nature of miscondtict, is merits of the inquiry and the quantum of punishment, the reference is not justified'. ..... the circumstances of this case, i am satisfied that the appropriate government has erroneously declined to exercise its power under section 10 of the industrial disputes act by failing to refer the industrial dispute raised by the petitioner to the appropriate forum. ..... it is permissible for this court to direct the appropriate government by a mandamus to refer the industrial dispute in such extraordinary ..... it would, therefore, be impermissible for the appropriate government summarily to shut the door in the face of an aggrieved workman by resort to extraneous considerations or by adjudication of the merits of ..... state of bihar and others, (supra) (3) the m. ..... state of bihar and others : (1989)iillj558sc (3) the m. .....

N. Buch and Co. Vs. Gordhandas Mavji

Court : Mumbai

Reported in : AIR1923Bom92; (1922)24BOMLR991

..... result is that the provisions of section 118 do not apply where the property in goods has passed to the buyer; for where the property in goods passes by appropriation on the part of the seller and assent on the part of the buyer, since the appropriation can only be of goods of the contract description, the conditions of the contract are ex hypothesi complied with. ..... combined effect of those sections is that where goods agreed to be sold are not ascertained at the time of making the agreement, but goods answering the description in the agreement are subsequently appropriated by one party for the purposes of the agreement and that appropriation is assented to by the other the sale is complete, and the property in the goods passes to the buyer. ..... 334 and the subsequent acts of the buyers, namely, the request to the plaintiffs' muccadum to clear the goods on their behalf, coupled with the payment of customs duty and clearing charges to the muccadum and the payment of port trust rent constituted an assent by the buyers to the appropriation, with the result that the property in the said five cases passed to the buyers of course, mere appropriation by the seller does not pass the ..... order that the property may pass to the buyer it is necessary that the goods appropriated to the contract by the seller must answer the description in the agreement. ..... the act of the sellers in sending the invoices to the buyers amounted to a notification of appropriation by the sellers (the parchim [1918] a.c .....

Batliboi and Company Pvt. Ltd. Vs. the State of Maharashtra

Court : Mumbai

Reported in : [1981]47STC321(Bom)

..... the earliest point of time when the goods were appropriated to the contract was when the goods were sent by railway from bombay to kirloskarwadi by the ..... under the tests laid down by section 4 of the central sales tax act, 1956, the goods must be inside the state, in the case of unascertained or future goods, at the time of their appropriation to the contract of sale. ..... entire submission of the applicants in the present case is based upon the tests which are laid down in section 4, sub-section (2), of the central sales tax act, 1956, for determining when a sale has taken place in one state and not in any other state within the country. ..... is, therefore, no substance in the contention of the applicants that the goods were appropriated to the contract either in czechoslovakia or on the high seas. ..... section 23, sub-section (1), of the sale of goods act, in the case of a contract for the sale of unascertained goods or future goods, the property in the goods passes when the goods are unconditionally appropriated to the contract. ..... section 4(2) of the central sales tax act a sale or purchase of goods shall be deemed to take place inside a state if the goods are within the state (a) in the case of specific or ascertained goods, at the time the contract of sale is made, and (b) in the case of unascertained or future goods at the time of their appropriation to the contract of sale by the seller or by the buyer, whether assent of the other party is prior or subsequent to such appropriation.10. .....

Sardar Surjeetsingh and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2006(6)ALLMR382; 2006(2)BomCR704; 2006(1)MhLj538

..... 4 having been appointed as the governor of state of bihar, it was necessary for the government to take appropriate steps in terms of section 53 of the said act, as the member of the committee appointed under section 53 of the said act had been rendered unable to perform his duties of being a member on account of constitutional restrictions imposed under the article 158(2) of the ..... of member or the president of gurudwara committee is an office of profit within the meaning of the expression 'any other office of profit' under article 158(2) of the constitution, that it was obligatory on the part of the respondent no, 1 to take appropriate steps in terms of section 53 of the said act consequent upon the appointment of the respondent no. ..... 1 should have taken the appropriate steps in terms of the provisions comprised under section 53 of the said act and the mandate of article 158(2) of the constitution ..... 1 has failed to take appropriate action under section 53 of the said act and thereby failed to comply with the mandate of article 158(2) of the ..... regard to the issue as to whether shri buta singh can continue as president of the board in view of his appointment as governor of bihar, government is of the view that such appointment does not disqualify shri buta singh to continue as president of the board in the light of the provisions of the said act. ..... next preliminary objection relates to the lack of jurisdiction to this court to entertain any petition against the acts of governor of bihar. .....

M/s. Raj Shipping and Another Vs. The State of Maharashtra, Through th ...

Court : Mumbai

..... same during the introduction of the multipoint value added tax regime as is evident from the budget speech of hon ble finance minister of the government of maharashtra shri jayant patil dated 21.03.2005 reported in (2005) 31 mtj (amendments, notifications and circulars) 169, 170 as extracted below: the 4 percent rate of tax will apply to important industrial raw materials and some items of daily consumption. ..... a given case, there is appropriation, but without passing of property under the sale of goods act, 1930 due to contrary intention of parties, such appropriation would be relevant and material for purpose of section 4(2)(b) of cst act, 1956, though not for purpose of section 23 of sale of goods act, 1930. 54. mr. ..... the circumstances mentioned in the proviso to section 2 (g) of the bihar state sales tax act, namely, the presence of the goods in bihar at the date of the agreement of sale or their production or manufacture there must be held to constitute a sufficient nexus between the taxing province and the sale wherever ..... that case that the provisions of section 4(1) read with section 2(g) second proviso, of the bihar sales tax act, 1947 as amended by the bihar sales tax amendment act, 1949 were within the legislative competence of the provincial legislature of bihar. ..... the goods, wherein the title passes eventually outside the state, are produced or manufactured in bihar and the sale wherever that takes place is by the same person who produced or manufactured the same in bihar. .....

Narang Hotels and Resorts Pvt. Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : [2004]135STC289(Bom)

..... appropriation.--(1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the ..... petitions held that as the goods were in bonded warehouses within the state of tamil nadu in case of ascertained goods at the time when the contract of sale was made and in case of unascertained goods at the time of their appropriation to the contract by the company, sales must be deemed to be within the state of tamil nadu under section 4(2) of the ..... . bharucha submits that even though the judgment in burmah-shell : [1961]1scr902 covered a period prior to the coming into force of the cst act, it was confirmed by the supreme court in the subsequent judgment in the case of madras marine [19861 63 stc 169 (sc), wherein the apex court dealt with the case of ship stores appropriated to the contract in customs bonded warehouse and delivered on board the ship ..... v. state of bihar : [1955]2scr603 , and sub-articles (2) and (3) were inserted permitting the parliament by law to formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in sub-clause ..... case. the constitution bench judgment rendered by the supreme court in the case of state of bihar .....

American President Lines Ltd. and Others Vs. The Board of Trustees of ...

Court : Mumbai

..... it is the plaintiff's case that the bpt sold the consignment after following the procedure and the orders of the court and appropriated rs.60.71 lakhs by way of levy of ground rent wrongfully without authority of law which the plaintiff has sought to recover.9. ..... the plaintiff has contended that the filing of the writ petition challenging the debit / appropriation made by the defendant constitutes the statutory notice upon the claim that the purpose and object of the notice is to put the bpt to notice of a proposed claim and to save it from incurring legal costs in connection ..... it may be stated that that the exclusion of the period taken by the filing of the writ petition under section 14 of the limitation act would also be no avail because the writ petition itself challenging the appropriation was filed more than six months after the appropriation came to be made.22. mr. ..... no suit or other proceedings shall be commenced against a board or any member or employee thereof for anything done, or purporting to have been done, in pursuance of this act until the expiration of one month after notice in writing has been given to the board or him stating the cause of action, or after six months after the accrual of the cause of action .5. ..... (2005) 4 scc 613 at page 628 this notice has been held to be mandatory and a precondition to the filing of the suit. ..... (2005) 4 scc 613 at page 627. .....

Laxman Moreshwar Mahurkar Vs. Balkrishna Jagannath Kinikar and ors.

Court : Mumbai

Reported in : AIR1961Bom167; (1960)62BOMLR880; ILR1960Bom941

..... taxpayer may champion and litigate such a cause, then every other taxpayer may do the same, not only in respect of the statute here under review, but also in respect of every other appropriation act and statute whose administration requires the outlay of public money, and whose validity may be questioned. ..... pathak contends, that the appropriation acts are no substitute for specific legislation and that they validate only the expenses out of the consolidated funds for the particular years for which they are passed; but nothing more ..... it is true that the appropriation acts cannot be said to give a direct legislative sanction to the trade ..... these observations make it clear that an expenditure by government will be deemed to be authorised if in the budget and in the appropriation acts there is a necessary provision for spending money on the particular acts. ..... as soon as the appropriation act is passed, the expenditure made under heads covered by it would be deemed to be properly authorised by law under article 266(3) of ..... appropriation acts would afford a ..... 'law' here obviously includes the appropriation acts. ..... of much significance that no precedent sustaining the right to maintain suits like this has been called to our attention, although, since the formation of the government, as an examination of the acts of congress will disclose, a large number of statutes appropriating or involving the expenditure of moneys for non-federal purposes have been enacted and carried into effect'. .....