Judgment Search Results Home > Cases Phrase: bihar appropriation act 2005 Court: mumbai Page 4 of about 8,345 results (0.114 seconds)

Ganesh Narayan and ors. Vs. Commissioner, Nagpur Division, Nagpurand o ...

Court : Mumbai

Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577

..... (ii) in sub-section (2) - (a) after the words 'the state government' the words 'or the commissioner' shall be inserted; (b) after the words 'appropriate government' the words '04, as the case may be, of the commissioner' shall be inserted; (iii) in sub-section (4) - (a) after the words 'appropriate government' where they occur at two places, the words 'or, as the case may be, of the commissioner' shall be inserted; (b) for the words 'it does so direct' the words 'it or he does so direct ..... ghat station, or of providing convenient connection with or access to any such station, the collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government, enter upon and take possession of such land, which shall thereupon vest absolutely in the government free from all encumbrances. ..... it is to carry out effectively the purpose of this enactment that power has been given to the appropriate government to decide, with reference to local conditions, whether it is desirable that minimum wages should be fixed in regard to a particular trade or industry which is n not ..... within patna certain adjoining area and to that area in exercise of the powers under section 3(1) (f) and thereafter by a notification dated 23rd april 1951, the governor of bihar picked section 104 out of the bihar and orissa municipal act of 1922, modified it and extended it in its modified form to the patna administration and patna village areas. .....

Commissioner of Sales Tax Vs. Barium Chemicals Ltd.

Court : Mumbai

Reported in : [1981]48STC121(Bom)

..... that the state of andhra pradesh was an agent of the central government in respect of the inter-state sales of the respondents, when admittedly that state was not the appropriate state for the purpose of assessment and collection of central sales tax in respect of the respondents' inter-state sales in question, as the movement of the goods had not commenced ..... assess, collect and enforce payment of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india and subject to any rules made under this act, assess, collect and enforce payment of any tax payable by a dealer under this act in the same manner as the tax on the sale or purchase of goods under the ..... and enforce payment of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india and subject to any rules made under this act, assess, collect and enforce payment of any tax, including any penalty, payable by a dealer under this act in the same manner as the tax on the sale or purchase of goods ..... 31 of 1958, the explanation was deleted from clause (a) and sub-clause (ii) of the said clause was amended so that the amended clause (a) now reads as follows :''appropriate state' means - (i) in relation to a dealer who has one or more places of business situate in the same state, that state; (ii) in relation to a dealer who ..... bihar, booked it in his own name an endorsed the documents of title to the goods while the same were in transit from bihar .....

Indian Navy Sailors' Home Vs. Bombay Gymkhana Club Caterers and allied ...

Court : Mumbai

Reported in : 1986(2)BomCR248; (1986)88BOMLR1; (1986)IILLJ154Bom; 1986MhLJ45

..... (1984)iillj503sc , where the supreme court has held that in respect of a dispute concerning the office of the regional provident fund organisation established under the provident fund act, the central government was the appropriate authority for making a reference. ..... 2(j) of the industrial disputes act, 1947 and has also held that the government of maharashtra is the appropriate government entitled to make the reference in question in the exercise of its powers ..... 1987)iillj217sc , where a dispute arose in the the union territory of goa, daman and diu, the supreme court held that the appropriate government was the central government. ..... question that arises is whether the government of maharashtra is the appropriate government for making a reference under s. ..... enumerates various corporations regarding whom also the 'appropriate government' is the central government. ..... definition of 'appropriate government' under ..... 10 where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing, refer the dispute to various authorities as set out in ..... the appropriate government, therefore, to make a reference in respect of a dispute between the civilian employees of the indian navy sailors' home represented by ..... the 'appropriate government' is defined ..... 2(a), 'appropriate government' means : (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the central ..... state of bihar : (1969 .....

Hiralal Ganeshmal JaIn Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : (1992)94BOMLR128; 1993CriLJ1209

..... all these provisions spell out a clear scheme, under which, once the order of detention is made, the subsequent powers are to be exercised by the appropriate government, the only exception being in the case of section 9(1), where apart from the central government, even an officer specially empowered by the central government ..... has said that, even though section 11 specifies that the powers of revocation conferred on the central government or the state government are without prejudice to the provisions of section 21 of the general clauses act, this reservation will not entitle a specially empowered officer to revoke a detention passed by him, because the order of the specifically empowered officer acquires 'deemed approval' of the state or the central government ..... court in ibrahim bachu bafan's case (supra) was not required to consider whether an order of detention made by an officer specially empowered by the state government under section 3(1) of the cofeposa act is, in effect, the order of the state government; or whether such an officer is an independent authority in his own right having all powers and control over the order of detention, including ..... the supreme court did not apply the principles embodied in section 21 of the general clauses act to section 10(1) of the industrial disputes act, and held that the act did not expressly confer any power on the appropriate government to cancel or supersede a reference made under section 10(1) of that act. ..... of state of bihar v. d. n. .....

MohidIn M. Sangam Vs. Union of India (UOi) thro' the Secretary Governm ...

Court : Mumbai

Reported in : [2008(117)FLR609]; (2008)IILLJ530Bom

..... the petitioner has moved this court to impugn the communication of september 4, 2006 whereby the central government as the appropriate government has rejected the reference sought for by the petitioner in the manner of his status as workman employed with respondent no. 2. ..... it is settled law that while exercising the power under section 10(1) of the act, the function of the appropriate government is administrative function and not judicial or quasi-judicial function. ..... it is not the case of the appropriate government that documentary' evidence produced does not establish that the petitioner is a workman. ..... there can be no dispute that it is open to the appropriate government to refuse to make a. ..... the question is, whether the reasons given by the appropriate govt. ..... the real failure report which the conciliation officer normally forwards to the appropriate govt. ..... state of bihar : (1989)iillj558sc .12. ..... august 14, 2005 calling on commissioner, labour and employment, government of goa to intervene in the matter of his illegal termination. ..... on august 1, 2005, it is the petitioner's case that the station in-charge respondent no. ..... 2, 'trust us security service' from april 2003 and continued the employment in july 2005. ..... in performing administrative function, the government cannot delve into the merits of the dispute and take upon itself the determination of the lis which would certainly be in excess of the power conferred on it by section 10 of the act. .....

BASF India Ltd. Vs. Government of Maharashtra Through Secretary, Indus ...

Court : Mumbai

..... itself has observed at various places in its judgment that the nature of the dispute between the parties and the facts and circumstances were such; that a writ petition was not the appropriate forum to enter into such facts but seems to have allowed itself to be persuaded to go into the question perhaps because the counsel on both sides were not adverse to that course ..... complaint, a reference order could not have been passed by the appropriate government under the central act on the presumption that the concerned workers are the employees of ..... a dispute as against their employer, the person regarding whose employment, non-employment, terms of employment or conditions of labour, the dispute is raised need not be, strictly speaking, a 'workman' within the meaning of the act but must be one in whose employment, non employment, terms of employment or conditions of labour, the workmen as a class have a direct or substantial interest. 21. ..... q) by the impugned order of reference dated 06/11/2013, the appropriate government-respondent no.2 referred the demands of the concerned workmen to the industrial ..... nevertheless, it is submitted that the appropriate government is willing to refer the said dispute to the ..... 10(1) 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 upon itself ..... state of bihar, reported .....

M/s. Continental Transport Organization Pvt. Ltd. Vs. Oil and Natural ...

Court : Mumbai

..... in my view, the purpose of furnishing such performance bank guarantees was to secure the performance of the contract and to make the said sums available with the respondent to appropriate the same only against the recovery, if any, of the respondent against the petitioner under the contract or for liquidated damages if such loss was capable of being calculated and ..... a perusal of the award indicates that the learned arbitrator has placed reliance on clause 21 of the contract and held that the said clause made a specific provision that any change or amendment of any act or law, rules or regulations of government of india or public body or any change by indian government or public body becomes effective after the date as advised by the respondent for submission of final price bid of the said ..... shall also have rights to forfeit security deposit / bank guarantee or appropriate towards the damages or losses that may be sustained by the respondent due to any act/omission or default by the contractor. 70. ..... shall have rights to forfeit security deposit/bank guarantee or appropriate towards the damages or losses that may be sustained by ongc due to any act/omission or default by the contractor. 24. ..... that the said amount appropriated by the respondent neither fall under section 73 nor 74 of the indian contract act, 1872. ..... appropriation of such amount by the respondent without there being any loss suffered is contrary to the terms of the contract and the provisions of the indian contract act .....

Pranlal Bhaichand Vs. the Maneokji Petit Manufacturing Co. Ltd.

Court : Mumbai

Reported in : AIR1933Bom46; (1932)34BOMLR1252; 140Ind.Cas.610

..... bahadurji on behalf of the defendants points outthat; in these documents the identification numbers of the bales are not given, and he says, therefore, that there was no appropriation of specific bales to the contract of the defendants, since it is in evidence that between the months november 1929 and january 1930 the first plaintiffs manufactured more bales than those ..... believed this evidence of monji kallianji and has held that the appellants knew that some of the goods out of those appropriated to the contract were manufactured before the date of the contract and had waived any objection on that ground. ..... exhibit e by which they acknowledged the correctness of the particulars given in the entry, thus appropriating to themselves the goods which had till then remained undelivered under the two contracts, and constituting ..... of the defendants amounted to a representation to the plaintiffs that they would not repudiate the appropriation on the ground that some of the goods were packed before the date of the contract, and the plaintiffs acted upon this representation by continuing to hold the goods. ..... section 83 of the indian contract act the appropriation must be of goods 'answering the ..... themselves show that specific goods were set apart, and that the defendants assented to the appropriation, and, but for the difficulty to which i will now refer, i think that the property in the goods would have passed to the defendants under section 83 of the indian contract act on january 81, 1980.7. .....

N. Vaghul and Others Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1986(3)BomCR422

..... letters of appropriation to act upon the fixed deposits in the event of defaults were perfectly legitimate. ..... in relation to accused 2, the specification is that he had received report of the cvo which showed that od174 and four appropriation letters came into existence after december 1972; his being the recipient of notices sent on behalf of the complainant; and has being informed by the complainant of the true position and in particular the attempts made by ..... a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction - (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged ..... the true position, according to him, is that od174 and the appropriation letters were forged and could not have been used to advance his monies to the parikh brothers or to reimburse the bank for the defaults committed by parikh brothers in respect of monies granted to them. ..... complainant's advocates in a letter addressed to accused 7 made it clear that the appropriation of the fixed deposits by the bank was wrongful, illegal and mala fide. ..... accused 5 denied in writing a claim of complainant that the bank acted illegally in appropriating the fixed deposits pursuant to the letters of appropriation. .....

Manekji Rustomji Bharucha Vs. Nanabhai Cursetji Bharucha

Court : Mumbai

Reported in : (1929)31BOMLR969

..... a legacy in sterling money is given on a contingent event, and not any interest payable in the meantime, there the legatee cannot have the legacy separated from the bulk of the testator's estate, and, strictly speaking, appropriated; because it cannot be ascertained what sum of stock will, at the time of payment, produce the exact amount of the legacy in sterling money; and in such case it is the practice of the court of chancery to order the fund ..... the beneficiaries, who will alike share in any increment in value, and bear any loss arising from depreciation, of the investments of the severed fund, and thereafter there can be no community of loss or gain between appropriated legacies inter se as to either income or capital; nor can the trustees claim any right of indemnity for subsequent loss as against the general trust estate.the authority cited for these observations is fraser v. ..... require you to invest the amount of it and not only would the legatee have the right to require that, but he could insist upon its being done, and when it was done that) would be an appropriation in the strict sense of the word, and the gain or loss upon the investment (as the case might be) would go to or fall upon the legatee.romer l.j. ..... a legacy is to be held by the executors upon trust, and the will is silent as to the mode of investment, the powers of the trustee act, 1923, will be applicable, so that an investment in the securities authorized by the act will be a proper mode of appropriation... .....