Judgment Search Results Home > Cases Phrase: bihar appropriation act 2005 Court: mumbai Page 10 of about 8,345 results (0.044 seconds)

Dashrath Rajaram Solanke and Others Vs. the Executive Engineer, Chief ...

Court : Mumbai Nagpur

..... the workman had worked for only eight months as daily wager and his termination has been held to be in contravention of section 25f of the industrial disputes act, 1947, whether the direction to the employer for reinstatement with continuity of service and 25 per cent back wages is legally sustainable. ..... in devindersingh municipal council, sanaur (supra) this law has been appropriately applied while holding that source of employment is not relevant for finding out whether a person is or is not a workman under section 2(s) of the industrial disputes act. ..... was engaged as daily wager on 01.03.1991 and he worked hardly for eight months from 01.03.1991 to 31.10.1991, honble apex court held that the labour court failed to exercise its judicial discretion appropriately and it suffered from serious infirmity. ..... invites our attention to constitution bench judgment reported at 2005 (2) scc 673( centralboard of dawoodi bohri community and ..... state of bihar and others (supra)), the hon'ble apex court has again noted the question of propriety of relief and the facts, there do not show availability of work for daily wagers or continuation of juniors ..... state of bihar (supra), needs to be looked ..... state of bihar and others (supra ..... state of bihar and others (supra) is pressed into service in ..... state of bihar and others (supra) is, therefore, stated to be not relevant for deciding the ..... state of bihar and others ( 1997 (4) scc 391) , the learned single judge has found that daily wagers like appellants do not .....

Duryodhan Hiraman Ingole and ors. Vs. Indian Council Agriculture Resea ...

Court : Mumbai

Reported in : 2009(4)BomCR107; (2010)ILLJ150Bom

..... the upshot of the above discussion is outlined thus:(1)(a) before january 28, 1986, the determination of the question whether central government or the state government is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression 'appropriate government' as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; or the establishment of any railway, ..... we have held above that in the case of a central government company/undertaking, an instrumentality of the government, carrying on an industry, the criteria to determine whether the central government is the appropriate government within the meaning of the clra act, is that the industry must be carried on by or under the authority of the central government and not that the company/undertaking is an instrumentality or an agency of the central government for purposes of article 12 of the constitution; such an authority may ..... state of bihar reported at : (1969)iillj549sc , the supreme court held that an industry carried on by a corporation incorporated under the companies act and not directly by the central government is not one carried on by the central government, though all the shares are owned by the president of india ..... state of bihar, reported at 1981 lab ..... state of bihar reported at : (1969)iillj549sc , would be .....

Shri R.R. Tripathi (Advocate) Vs. Union of India (Uoi) Through the Sec ...

Court : Mumbai

Reported in : 2010(1)BomCR513; 2009(111)BomLR3053

..... available for residential use is not in public interest repeated attempts were made before us to say that providing the land in question for educational use will be more appropriate and subserve public interest than making it available for residential use. ..... where the central government is satisfied that the operation of - (i) any rule made or deemed to have been made under the all india services act, 1951 (61 of 1951), or (ii) any regulation made under any such rule, regulating the conditions of service of persons appointed to an all india service causes undue hardship in any particular case, it may, ..... the present case the central government, will have the power to issue appropriate orders even in individual cases in absence of any specific rule. ..... he has also taken up the point that the government notification issued by the state, dated 30th may, 2005 though contemplates extension of service but it is for a very limited period, if the officer is dealing with the budget work or is working as full time member of ..... having been framed by the state government in exercise of power under section 21 of the act, the trust/board was fully empowered to take administrative decisions in the matter of appointments and promotions to different posts including the posts requiring professional skill and consequently the resolution of the board taken in accordance with sub-section( 2) of section 22 of the act deciding to promote the employees to the post of assistant engineer cannot be said to ..... bihar .....

Swati Vasant Patil and anr. Vs. Kandivli Education Society and ors.

Court : Mumbai

Reported in : 2002(1)ALLMR333; 2002(3)BomCR51

..... important amendment was to sub-section (2) of section 3 and after the amendment the said sub-section (2) reads as follows:'notwithstanding anything contained in sub-section (1), the provisions of this act shall not apply to the recruitment of the head of minority school and any other persons (not exceeding three) who are employed in such school and whose names are notified by the ..... it would be seen that the decision of the court in frank anthony public school's case, : [1987]1scr238 with regard to the applicability of sub-section (4) of section 8 of the act to the unaided minority educational institutions is based on the view taken by the majority in all saints high school's case : [1980]2scr924 which, in its turn, was based on several decisions ..... inter college (supra), the apex court referred to the judgment in the case of frank anthony (supra) and observed in para 6 that in the concerned act, there was no guideline under the relevant section to be followed by the inspector in the matter of approving or disapproving of the order of termination of an ..... university act, a power was given to the appellate tribunal to pass appropriate orders ..... it was held that particular clause 24 of the bihar state madarsa education board act gave tremendous control in the hands of the board to meddle ..... in the case of bihar state madarsa education board ..... in the case of bihar state madarsa education board (supra), no teacher or madarsa was to be discharged or dismissed from service ..... of (i) bihar state madarsa .....

Gopinath Daulat Dalvi Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(2)ARBLR224(Bom); 2005(2)BomCR135; [2005(105)FLR148]; 2005(1)MhLj438

..... it is true that once the matter is taken in conciliation and if no settlement is arrived at, the conciliation officer shall as soon as practicable after the close of investigations send to the appropriate government, failure report together with full statement of facts and the circumstances and the reasons on account of which in his opinion a settlement could not be arrived at in terms of section 12(4) of the i.d ..... that will happen on a reference of the dispute by the appropriate government to a tribunal or by voluntary reference by the parties under section 10a of getting their disputes adjudicated by an arbitrator ..... the settlement was entered into in form h which is under the central rules and that would be only applicable if the appropriate government was the central government. ..... in the instant case the appropriate government is the state government and in these circumstances the settlement entered into is not ..... exercise of power by the conciliation officer, which is administrative in nature is like the exercise of power by the appropriate government under section 12(5). ..... same is not applicable as the appropriate government for respondent no. ..... 3 company replied, pointing out that the provisions of the industrial employment standing order act, 1948 and model standing orders are not applicable to the establishment of respondent no. ..... the matter was before the conciliation officer his jurisdiction was limited to send a failure report to the appropriate government. ..... state of bihar and ors. .....

Cedric D'Silva Vs. Union of India (UOi) through the Under Secretary to ...

Court : Mumbai

Reported in : 2008(1)BomCR70; (2007)109BOMLR2397; [2008(116)FLR247]; (2008)ILLJ483Bom

..... : (1989)iillj558sc where the court has been pleased to observe as under:it is now well settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative function the government cannot delve into the merits of the dispute and take ..... to the various judgments the supreme court has reiterated the well settled position that before making a reference under section 10 of the act the appropriate government has to form an opinion whether an employee is a workman and thereafter has to consider as to whether an industrial dispute ..... have reproduced the excerpts from the failure report submitted by the conciliation officer which was the basic material on which the appropriate government seems to have formed its opinion which can be seen from the communication of 15th february, 2007 rejecting the ..... shyamal chandra bhowmik 2006 1 clr 18 we are of the opinion that this would be a fit case where we direct the appropriate government to make reference to the central industrial tribunal on the following question:whether on the facts and circumstances cedric d'silva is a workman and if so whether his termination is illegal and consequently what relief ..... as it was contended that the failure report given to the parties was not the failure report, the copy of the report dated 28th february, 2005 was made available to both the parties. ..... bihar ..... bihar .....

Alok Parshuram Jalan, Managing Director of Laqshya Media Private Limit ...

Court : Mumbai

Reported in : 2009(3)BomCR477; (2008)110BOMLR3323

..... fully, unless the court otherwise finds relaxation of a condition which being essential in nature could not be relaxed and thus the same was wholly illegal and without jurisdiction;(v) when a decision is taken by the appropriate authority upon due consideration of the tender document submitted by all the tenderers on their own merits and if it is ultimately found that successful bidders had in fact substantially complied with the purpose and object for ..... wednesbury principle a decision of a public authority will be liable to be quashed or otherwise dealt with by an appropriate order in judicial review proceedings where the court concludes that the decision is such that no authority properly directing itself on the relevant law and acting reasonably could have reached itin our view, considering the factual aspect of the matter, it cannot be said that the action of the first respondent is liable to be quashed on the ground that they ..... 109 (2004) dlt 415, wherein the supreme court has held that writ petition is maintainable in an appropriate case against the state or instrumentality of state arising out of contractual obligation and merely because some disputed questions of facts arise for consideration, the same cannot be a ground to refuse to entertain a writ petition as a matter of rule ..... state of bihar thus:it is well settled that under article 226, the power of the high court to issue an appropriate writ is ..... 3141 of 2005, decided on 17th january, ..... authority : 119(2005)dlt648 . .....

National Seed Association of India and Others Vs. the State of Maharas ...

Court : Mumbai Nagpur

..... cotton seeds are covered under such rules.april 2006 :a report (11th report) was prepared by the standing committee on food, consumer affairs and public distribution for examination of the essential commodities (amendment) bill, 2005.the said committee came to a conclusion that all unnecessary and redundant restrictions which distort and impede operation of market forces should be removed and based thereon, recommended deletion of cotton seed from the ..... received by technology provider over the period of seven years in terms of royalty charges from farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said aspects the government of maharashtra has decided the maximum sale price ..... the reasons so recorded in the present case are based upon the provisions of those acts as well as the entries so referred above, which itself according to us, permits and empowers the state government to enact appropriate laws/orders to handle and/or cover the situation which admittedly till this date is vacuum not enacting the special law for controlling the cotton ..... state of bihar, (1983) 4 scc ..... state of bihar), (vi) (2003) 1 scc 228 (kanak gruh nirman sahakari sanstha narayan amma), (vii) (1990) 2 scc 562 (vijaykumar ..... state of bihar, (1999) 9 scc 620, state of j.k. v. ..... state of bihar v. .....

Mukesh and Others Vs. State of Maharashtra, through its Secretary, Hom ...

Court : Mumbai Nagpur

..... officer may (a) seize in any open place, or in transit any intoxicant, hemp, mohwra flowers or molasses or any other thing which he has reason to believe to be liable to [confiscation or forfeiture] under this act or any other law for the time being in force relating to excise revenue [and any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this ..... act;] (b) detain and search any person whom he has reason to believe to be guilty of any offence against this act or any other law for the time being in force relating to excise revenue and if such person has any intoxicant, hemp, mhowra flowers, molasses ..... (1) the [state] government may sanction the acceptance from any person whose license permit, pass or authorization is liable to be canceled or, suspended under the provisions of this act or who is reasonably suspected of having committed an offence under section 10[69, 70, 77, 82 or] 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, ..... appropriate to refer to a decision of this court in state of bihar ..... (1) ljsoft 130 = 2005 all mr (cri) 130 is the judgment dated 4.4.2005 delivered by the learned single ..... single judge's judgment reported at 2005 all mr (cri) 3100 ..... /2004 on 15.12.2005, is also .....

Harichand and Co. Vs. Gosho Kabushiki Kaisha Limited

Court : Mumbai

Reported in : (1924)26BOMLR921

..... luchmi chand so far as it governs a case where the goods have been ascertained and appropriated by the seller to the contract, such as the ten cases of tobacco which were the subject-matter of the contract ..... the plaintiffs' duty to take all reasonable steps to mitigate the damages and to the falling market, i can see no sufficient justification for the plaintiffs not acting on their solicitors' notice of april 26 that they would resell the goods, unless the defendants took the bales within two days. ..... forty-two bales had been ascertained and appropriated to the contract by the sellers: only that appropriation was not assented to by the buyer, so as to make the property in the goods pass to the latter under section 33 of the indian contract act.20. ..... latter case decides is that, unless the stipulation for a right to resale is so worded as to cover such a case, the right does not extend to goods which have not been ascertained or appropriated for the purposes of the contract. ..... it has not been contended in the appeal before us that even if the plaintiffs are found to have acted within reasonable time in effecting the re-sale they would not be entitled to make the claim on the basis on which ..... this general principle is enacted in the explanation to section 73 of the indian contract act, and qualifies the plaintiffs' right to recover the resulting loss from the resale of may 15 as compensation for a loss 'which the parties knew, when they made the contract, to be likely to result from a .....