Court : Mumbai
Reported in : 2007(6)BomCR591; [2007(115)FLR796]; (2008)ILLJ298Bom; 2007(5)MhLj632
..... of lakhtariya premjibhai narsinhbhai (supra) the learned single judge of gujarat high court upheld the order passed by the appropriate government refusing to make reference on the ground that appropriate government had arrived at the finding that the person raising industrial dispute was not a workman on the basis of ..... by catena of decisions of the apex court that the appropriate government exercises administrative function under section 10(1) of the act and the function is neither judicial nor quasi judicial. ..... since the dispute pertains to the year 2003, the central government shall take appropriate decision within a period of three months from the date of communication of the ..... on a consideration of report under sub-section 4 of section 12 of the act if the appropriate government is satisfied that there is a case for reference to labour court or tribunal as the case may be, ..... 2 and seven workmen and on the basis of the material available the appropriate government was justified in coming to the conclusion that there existed no employer employee ..... order to deprive the said workmen of their legitimate and statutory benefits and the said dispute has to be decided by the industrial tribunal upon reference being made under section 10(1) of the act and it is not within the jurisdiction of the appropriate government to adjudicate the said dispute. ..... the conciliation officer submitted failure report dated 30th september, 2005 stating therein the respective claims made by the petitioner ..... bihar .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom325
..... in this regard it would be appropriate to refer to the decision of the patna high court in atma ram v, state of bihar : air1952pat359 , in which the said doctrine was made applicable to determine the question whether the tax in question is a tax on goods and passengers carried by road or is a tax on trade and ..... in framing the legislation on a particular subject may incidentally encroach upon certain other fields of legislation but that will not affect the vires of the legislations so long as the legislature is acting within the bounds of the constitution field allotted to it, and the primary object of the legislation falls within that bound. ..... issued, them petitioners has approached this court by preferring the instant writ petition challenging the initiation of the aforesaid revisional proceedings against her under section 45(2) of the ceiling act, on the ground that the said revisional proceedings are liable to be quashed and set aside and the additional... ..... and powers of the courts, itself shows that the subject matter of the law relating to procedure, jurisdiction and powers of the authority created under the ceiling act is not necessary connected with the primary purpose of te enactment with the primary purpose of the enactment viz. ..... t) by its order dated 23-3-1976 passed under the maharashtra agricultural land (ceiling on holdings) act, 1961 (for short 'the ceiling act'), held that the total holding of the petitioners is 84.61 acres and since the petitioner is entitled to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom125; (1922)24BOMLR1140
..... when he sends foward the bill of lading with a bill of exchange attached, with directions that the bill of lading is not to be delivered to the purchaser till acceptance or payment of the bill of exchange, the appropriation is not absolute, but until acceptance of the draft, or payment or tender of the price, is conditional only, and until such acceptance or payment or tender, the property in the goods does not pass to the ..... were, therefore; liable to pay the price under section 91 of the act, by section 83 it is provided that 'where the goods are not ascertained at the time of making the agreement for sale but the 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 goods have been ascertained, and ..... on this point, it is competent to the courts of british india to resort to the rules of english common law so far as they are not inconsistent with the text of the contract act, one of those rules is that where in pursuance of the contract, the seller delivers the goods to a carrier, for the purpose of transmission to the buyer, but retains a jus ..... the indian contract act applies to the case, it appears to me that the plaintiffs having instructed their agents not to deliver the railway receipt till payment, the appropriation was not absolute and final, but conditional on payment by the defendants, and that there was therefore no 'appropriation' within the .....
Tag this Judgment!Court : Mumbai
Reported in : [1995(70)FLR354]; (1995)ILLJ8Bom; 1994(2)MhLj1521
..... he drew my attention to the observation made in para 13, which is as under :- 'it is now well settled that, while exercising power under section 10(1) of the act (industrial disputes act, 1947), 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 ..... counsel for the petitioner, by alleging that a party who has the remedy both under the industrial disputes act and under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, he would be able to approach the industrial court under the industrial disputes act, even if he has exhausted his remedy under the maharashtra recognition of trade unions and prevention of unfair ..... the considerations in the proceedings before the industrial court are strictly guided by the enactments like industrial disputes act and others, and the labour court, while examining, would be bound by these provisions of law alone and not by any other considerations which may be ..... between the parties contemplated by the definition, and the dispute of difference is connected with the employment or non-employment or the terms of employment, there is a power conferred by section 10(1) of the industrial disputes act on the government to refer the dispute not only when it really exists but also when it is already apprehended. ..... bihar, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom529; (1930)32BOMLR1065
..... air1923bom125 , although there the learned judge's view was that on the facts of that case there had not been a final appropriation by the vendor of the goods to the contract, and, therefore, in any event, the property had not passed. ..... it was a partnership case in which, confirming the decision of this appellate court, the privy council held that the particular point was not precisely covered by an appropriate section of the indian contract act, and that therefore, the english law on the point prevailed.29. ..... the goods are not ascertained at the time of making the agreement for sale but goods answering the description in the agreement are subsequently appropriated by one party for the purpose of the agreement, and that appropriation is assented to by the other, the goods have been ascertained, and the sale is complete.7. ..... ):-but even if this view of the construction of the contract be not the true one, it seema to me the case is concluded by section 78 of the contract act, which says that, if the parties agree that the payment or delivery or both shall be postponed, the property passes as soon as the proposal for sale is accepted. ..... the english sale of goods act, section 18, one finds that though the paramount question is the intention of the parties, yet tinder certain rules laid down for discovering that intention the property in unascertained goods passes to the buyer when the goods are appropriated to the contract with the assent of the buyer, unless a different intention .....
Tag this Judgment!Court : Mumbai
Reported in : [2001]245ITR498(Bom)
..... that the concerned bye-law 50 of the society permitted the society to appropriate such deposits towards the losses incurred by the society/ karkhan a in its working and after adjusting the losses, if any, the deposits were to accumulate and utilise for repayment of loans ..... the above questions also form part of various appeals referred to above, preferred by the department under section 260a of the income tax act.since a common substantial question of law arises in all the above matters, they are disposed of by this common judgment.for the sake of brevity, although the questions referred to this court by ..... we are of the view that as regards these funds the karkhana acted as an agent and collections were made as per the directions of the government to be spent on the purposes specified by the state government and that the collections were made by way of retention of ..... 449 of 1995 is a reference under section 256(1) of the income tax act, 1961, by the income tax appellate tribunal, special bench, pune, relating to the assessment years 1984-85 to 1988-89, at the instance of the department for seeking opinion of this court on 15 questions which are as ..... hence, we are of the view that the karkhana acted as an agent on behalf of the government/authorities and the said deductions, therefore, did not constitute part of ..... under section 4 of the maharashtra co-operative societies act, 1960, the government is empowered to issue directions to the society regarding its working by virtue of the .....
Tag this Judgment!Court : Mumbai
Reported in : [1976]37STC187(Bom)
..... might be a sale which has taken place in the course of inter-state trade or commerce in respect of which the state legislature cannot impose a tax but only the parliament can do so, as it has done under the central act, or it might be a sale in the course of the export of the goods out of the territory of india or in the course of the import of the goods into the territory of india, in which cases also, ..... was only on the sale or purchase, as the case may be, inside the state, preceding the inter-state sale or purchase at the point specified against each in the second schedule to the said act and as the assessees had purchased cotton locally and had then sold the same in the course of inter-state trade or commerce to dealers outside the state, the assessees were the last purchasers of ..... of the said principles it is determined that the sale or purchase has taken place within a particular state, both according to ordinary notions and by the express words of sub-section (1) of section 4 of the central act it should be deemed to have taken place outside all other states and thereafter in respect of such sale or purchase no state other than the state inside which such sale or purchase has taken place, by reason of ..... it is clear from the terms of the contract that these sales were of unascertained goods and at the time of their appropriation to the said contracts they were within the state and accordingly the sale of these goods by the applicants to raznoexport took ..... bihar ..... bihar ..... bihar : .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)163CTR(Bom)275; [2000]111TAXMAN176(Bom)
..... that the concerned bye-law 50 of the society permitted the society to appropriate such deposits towards the losses incurred by the society/ karkhana in its working and after adjusting the losses, if any, the deposits were to accumulate and utilise for repayment of loans to ..... we are of the view that as regards these funds the karkhana acted as an agent and collections were made as per the directions of the government to be spent on the purposes specified by the state government and that the collections were made by way of retention of money ..... 449 of 1995 is a reference under section 256(1) of the income tax act, 1961 by the tribunal, special bench, pune, relating to the assessment years 1984-85 to 1988-89, at the instance of the department, for seeking opinion of this court on 15 questions which ..... 61a was only a make-belief affair, in spite of the i-act that loans and other liabilities were nil and the state government's share capital was insignificant and could have ..... hence, we are of the view that the karkhana acted as an agent on behalf of the government/authorities and the said deductions, therefore, did not constitute the part of the ..... that under section 64- of the sale of goods act, in the case of sale by auction where the goods are put up for sale in lots, each lot is deemed to be the subject of a ..... under section 4 of the maharashtra co-operative societies act, 140, the government is empowered to issue directions to the society regarding its working by virtue of the powers .....
Tag this Judgment!Court : Mumbai
Reported in : (1938)40BOMLR799
..... such a sale the property in the goods; passes when goods answering to the contract description are unconditionally appropriated to the contract with the assent of the buyer, which in this connection does not mean expressed assent, but simply that the appropriation has been made in the manner contemplated by the parties. ..... the course of business that the respondents rely as justifying their first claim, which is that the issue of the bills of lading to the export company, without production of the mate's receipt, was a wrongful act by the appellants as against them, which deprived them of their security on the goods and caused them damage equivalent to the full value.13. ..... , the sale being free alongside, the property prima facie passes when the goods are appropriated by delivery alongside in implement of the contracts. ..... rule may, however, be varied by the terms of the contract, or even by a reservation made by the seller in the act of appropriation. ..... other members of the court agreed, held that the onus was on a party seeking to rely on section 178, to establish affirmatively that he acted in good faith and under circumstances which were not such as to raise a reasonable presumption that he acted improperly, and that the appellants had failed to discharge that onus.9. ..... on this point was in favour of the respondents, though, as already stated, he ordered a remand on the issue based on section 178 of the indian contract act, 1872, which was then in force, though since repealed in 1930. .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR449
..... pointed out that the manufacture of gold ornaments by goldsmiths in india is a process of systematic production for trade or manufacture and so falls within the connotation of the word 'industry' in the appropriate legislative entries and in enacting the gold (control) act, 1968, parliament was validly exercising its legislative power in respect of matters covered by entry 52 of list i and entry 33 of list iii. ..... persons appointed to assist the registrar, nominees or boards of nominees appointed by the registrar, liquidators, maharashtra state co-operative tribunal, cooperative courts, co-operative appellate court or other authorities under the maharashtra co-operative societies act, 1960, or the rules made thereunder.a provision is made in section 20 for making every transfer of property made by a small farmer against whom proceedings in execution have been stayed voidable at the option ..... consideration was whether section 20a of the bihar sales tax act was within the competence of the state legislature and whether an order could be made under section 20a for depositing with the state government an amount collected by a registered dealer from its constituent to recoup himself for the payment of sales tax under the bihar sales tax act, which amount, according to the law then ..... in the meantime, section 20a of the bihar sales tax act came to be introduced in the parent act and a notice under sub-section (3) thereof came to be issued requiring the assessee ..... bihar sales tax act ..... bihar .....
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