Judgment Search Results Home > Cases Phrase: bihar appropriation act 2005 Sorted by: old Court: mumbai Page 1 of about 8,570 results (0.035 seconds)

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 .....

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 .....

Banubi Umarsaheb Vs. Narsingrao Ranojirao

Court : Mumbai

Reported in : (1907)9BOMLR91

..... been strenuously contended on behalf of the respondents that a more intention to set apart property for charitable purposes, followed by actual appropriation (as in the case of a definite sum of money, by applying the interest to the intended purpose), is quite sufficient ..... relied on by the respondents are taken out of amir ali's text book ; but even supposing this is good authority, we do not find the learned writer anywhere saying that a mere mental act, unaccompanied by any form of explanatory words, will do ; all that he says is that it is not necessary, while stating the object of the dedication, to say explicitly that it is ..... apparently there must be and this is quite consistent with the objectivity of archaic systems and the prominence given in them to ceremonial formula and illustrative acts or words-it may be difficult to discover any good reason why saying in the market place or in the presence of one or more hearers 'i ..... as close as we can to such authorities as are available for our guidance; and not one of these supports the proposition that a mental act although afterwards sufficiently expressed in conduct, will, unless clothed in appro priate words, create a wakf.4. ..... thus the questions are:-(1) whether a wakf can be validly created by a purely mental act (2) whether, if not, actual delivery is necessary (3) whether the statement in the will is a good declaration, and, if so, whether it can be referred back to a prior mental resolve so as to bring the wakf into being .....

Emperor Vs. Kashinath Bagaji Sali

Court : Mumbai

Reported in : (1910)12BOMLR226

..... the learned judge is of opinion that when the prosecution had made its election under section 222, clause 2, and the proviso thereto, of act v of 1898, by choosing some out of the different amounts misappropriated during the period, they were estopped by the provisions of section 403 of the criminal procedure code from instituting any further prosecution in respect of any fresh ..... course of twelve months, then the court can try a man in respect of three offences by selecting different items, combining these items into one lump sum, and making the selection so as to get at three sums, the appropriation of each constituting an offence by itself.4. .....

Ruttonsi Rowji Vs. the Bombay United Spinning and Weaving Company Ltd.

Court : Mumbai

Reported in : (1917)ILR41Bom518

..... 233, remarks that:where goods remain in the custody of a vendor, appropriation to the contract and acceptance have been confounded with delivery. ..... it is permissible for arbitrators, who are experts in the trade in which the question referred to them has arisen, to act upon their own knowledge of the usages of that trade: see the judgment of lord loreburn in the case of produce brokers co. ..... 'delivery' within the meaning of the added clause relates to some act to be done by the sellers but their obligations ceased with the debiting of the goods and their transference from the defendants' mills to their godown. ..... they contend that such a custom modifying the consequences resulting from the application of section 118 would not, within the meaning of section 1 of the indian contract act, be inconsistent with the provisions of the act. ..... it is not contended that such evidence was inadmissible provided the custom proved did not annex an incident to the contract repugnant to, or inconsistent with, the expressed terms: see section 92 of the indian evidence act, proviso 5.17. ..... ' nor do the plaintiffs, as i understood the argument, contend that the custom would be inconsistent with provisions of the act. ..... the defendants rely upon the custom alleged to avoid the ordinary consequence of a breach of contract for sale of goods according to sample, resulting from the provisions of section 118 of the indian contract act. .....

Ruttonsey Rowji and ors. Vs. the Bombay United Spinning and Manufactur ...

Court : Mumbai

Reported in : AIR1916Bom4; 37Ind.Cas.271

..... holmes, in the common law, page 233, remarks thatwhere goods remain in the custody of a vendor, appropriation to the contract and acceptance have been confounded with delivery. ..... it is permissible for arbitrators, who are experts in the trade in which the question referred to them has arisen, to act upon their own knowledge of the usages of that trade: see the judgment of lord loreburn in the case of produce brokers company limited v ..... in my opinion this contention is correct 'delivery' within the meaning of the added clause relates to some act to be done by the sellers, but their obligations ceased with the debiting of the goads and their transference from the defendants' mills to their godown ..... they contend that such a custom modifying the consequences resulting from the application of section 118 would not, within the meaning of section 1 of the indian contract act, be 'inconsistent with the provisions of the act. ..... is not contended that such evidence was inadmissible provided the custom proved did not annex an incident to the contract repugnant to, or inconsistent with, the expressed terms see section 92 of the indian evidence act, proviso 5.17. ..... nor do the plaintiffs, as i understood the argument, contend that the custom would be inconsistent with the provisions of the act. ..... defendants rely upon the custom alleged to avoid the ordinary consequences of a breach of contract for sale of goods according to sample, resulting from the provisions of section 118 of the indian contract act. .....

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 .....

The Ford Automobiles India Ltd. Vs. the Delhi Motor and Engineering Co ...

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 .....

The Bank of Morvi, Limited Vs. BaerleIn Bros.

Court : Mumbai

Reported in : AIR1924Bom325; (1924)26BOMLR155; 79Ind.Cas.1012

..... was a case before the prize court, but the remarks of the chief justice with regard to the method in which the sellers dealt with the bill of lading in the ordinary course of their dealings appear to me to be appropriate to ordinary transactions in times of peace, and the fact that the learned chief justice had a claim before him arising out of the seizure of a ship after the out-break of hostilities makes no difference to the pertinence ..... dissenting said at page 956:--under the sale of (roods act, 1893, section 18 by such shipment the goods are appropriated by the vendor to the fulfilment of the contract, and by virtue of section 32 the delivery of the goods to the carrier--whether named by the purchaser or not--for the purpose of transmission to the purchaser is prima facie to be deemed to he a delivery of ..... section 83 of the indian contract act is as follows:--where 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.8. ..... there was consequently no assent to the appropriation of these bales by the defendants so as to bring the case under section 83 of the indian contract act. mr. ..... 343):--it is impossible to infer that b had the least dea of passing the property to a, at the time of appropriating the goods to the contract. .....

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 .....