Court : Mumbai
Reported in : 2008(4)BomCR719
..... and ratnaprabha sugars should file consent terms before this high court and after the high court passes appropriate orders on the consent terms, ratnaprabha sugars should issue demand draft in the name of the liquidator ..... and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise.advocate shri patil has also placed reliance on an article by justice markandey katju, reported in 2005 scc 25, journal, for the purpose of drawing attention of this court to 'wednesberry principle' and claiming that the decision to cancel the action in favour of his client ..... general supervision, control and direction of the registrar:(a) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(b) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(c) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(d) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(e) to investigate all the claims against the society and, subject to the provisions of the act, to decide questions of, priority arising out of such claims, and to pay any class or classes of creditors in full or ratable according to the amount of such debts ..... act, 2002 has overriding effect over the mcs act, 1960 and we are also fortified in our view by the division bench judgment of this court reported in 2005 (2) all mr 721 (supra).having considered sections 35 and 37 of the securitisation act, in the light of article 254(1) of the constitution, we are of a considered view that in case of conflict between the securitisation act and the mcs act ..... bihar ..... bihar .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR507; 2008(6)BomCR124; 2008(5)MhLj27
..... that the legislative intent and determination was not to impose any such clog on the power specifically conferred upon the female hindu may be for the obvious reason that under the scheme of the act the hindu female has been enabled and empowered to adopt not only to herself but also to her husband, and also in tune with the changed and modern concept of equality of women and ..... divorce court, which is brought whenever either the husband or the wife lives separate from the other without any sufficient reason, in which case the court will decree restitution of conjugal rights (matrimonial causes act, 1950, section 15), but will not enforce it by attachment, substituting however for attachment, if the wife be the petitioner, an order for periodical payments by the husband to the wife (section 22).conjugal rights cannot be enforced ..... is not a sound principle of construction to brush aside words in a statute as being in apposite surplusage, if they can have appropriate application in circumstances conceivably within the contemplation of the statute. ..... would not be permissible for the court to read the expression 'living separately for a period of one year or more' as by adding the word 'may' or for such period as the court in its discretion may consider appropriate. ..... state of bihar it has been held that where the language of the act is clear and explicit, the court must give effect to it, whatever may be the consequences, for in that case the words of the statute speak the intention of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)MhLj9
..... paragraph 3 of the said decision, the apex court held that when the appellants in the appeal challenging an award under section 18 of the said act had made out a case for grant of enhancement, the high court ought to have allowed the claimants/appellants to claim enhanced amount in the appeal ..... case in hand, in view of this decision of this court relating to similarly situated lands notified under the same notification under section 4 of the said act, the claimants will be entitled to claim compensation at the rate which is much more than what is claimed in the reference or in the cross-objection ..... appropriate cases, the court may permit amendment to the claim petition.by no stretch of imagination the ratio of the said decision will apply to the reference under section 18 of the said act ..... which arose for consideration of the apex court was 'whether the respondent land holders could claim and get compensation under the said act over and above what they claimed in the application seeking amendment to the reference to the civil court? ..... assuming that the applicant-claimant is entitled to claim the market value at the rate exceeding the rate claimed in the reference application under section 18 of the said act, the claimant cannot be permitted to amend the reference application as well as the appeal or the cross objection. ..... state of bihar by which the patna high court held that it is not necessary for the claimants to state in his application under section 18 of the said act of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR591; 2008(4)BomCR688
..... prayer in relation to giving effect to the judgment of the supreme court in prakash singh's case (supra), we would only observe that every state and, in this case, the maharashtra state government would no doubt shall take appropriate steps in furtherence to the judgment of the highest court of the land and without any undue delay.40. ..... it is also specified in the letter that while sending the proposal to the ministry, the integrity certificate of the appropriate authority could be enclosed which was not done in the present case. ..... -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, by order, dispense with or relax the ..... the petitioners filed applications under the right to information act, 2005, seeking copies of the relevant files. ..... the competent rule making authority, and in the present case the central government, will have the power to issue appropriate orders even in individual cases in absence of any specific rule. ..... if the central government has exercised its power of approval under its residuary power vested by virtue of rule 3, then the decision is devoid of any reasoning much less appropriate reasons guided by any rule or policy of the government. ..... state of bihar v. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)BomCR189; 2008(224)ELT230(Bom)
..... 30th may, 1983 into a licence which may entitle the petitioner to seek regularisation of the imports already made under the said licence at concessional rate of duty if permissible under the customs act.in pursuance to the order, the applicant firm was asked to furnish policy provisions under which they were eligible for project import licence. ..... but the officers are required to go to the court, give the appropriate explanation and satisfy the court that they were prevented by circumstances for non-compliance within the time specified ..... contemnor be held guilty of civil contempt and be dealt with and/or punished in accordance inter alia the provisions of section 12 of the contempt of courts act, 1971, with such fine and imprisonment or in such other manner in accordance with law as this honble high court may deem fit. ..... if there is any special circumstance absolving him of the accountability or if someone else is responsible for the action, he needs to bring them to the notice of the court so that appropriate procedure is adopted and action taken. ..... days to prepare an appropriate order dated 20-10-2006. ..... show that even after receiving the advice of the ministry of law vide their letter dated 08-08-2006, the respondents office passed an appropriate order dated 20-10-2006. ..... although, no case is made out of civil contempt as contemplated by the contempt of courts act, 1971, yet, it is clear that the joint director and the authorities have delayed compliance. ..... case of state of bihar and ors. v .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)BomCR36; (2007)109BOMLR2285; (2008)IILLJ358Bom; 2008(1)MhLj654
..... of the subsequent judgments of the supreme court wherein the law stated by the supreme court in this case was diluted and in subsequent judgments the supreme court clearly stated that even the appropriate government would have its rights to decline a reference if the dispute was nonexistent or was so stale that unexplained and prolonged delay would render the same as one which had extinguished and ..... been made under section 12(4).12 however, it was further held by the supreme court which also needs reproduction and it is reproduced hereunder:but it would not be possible to accept the plea that the appropriate government is precluded from considering even prima facie the merits of the dispute when it decides the question as to whether its power to make a reference should be exercised under section 10(1) read with section 12(5), ..... to impugn the resulting award to show that what was referred by the government was not an industrial dispute within the meaning of the act, and that, therefore, the tribunal had no jurisdiction to make the award.the above enunciated principles of law, clearly show that the exercise of jurisdiction by the appropriate government within the ambit and scope of section 10 is not a mechanical process but it has to be done by due application of ..... it is interesting to note that the conciliation officer in the proceedings recorded by him on 14th december 2005 had noticed that the management had taken up a plea that the workmen were the employees of the contractor and they ..... bihar .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR580; [2007(115)FLR580]; (2008)ILLJ1035Bom; 2008(2)MhLj66
..... secretary, indian tea association's case (supra), the supreme court observed that before making a reference under section 10 of the said act, the appropriate government has to form an opinion whether an employee is a workman and, therefore, has to consider as to whether an industrial ..... of the supreme court and of this court to which we have referred to herein above on the question of scope of the jurisdiction of the appropriate government while acting under section 10(1) of the said act will have to be summarized so that the arguments of the learned counsel can be appreciated in their light. ..... several cases on the point, this court has observed that while exercising power to make a reference under section 10(1) of the said act, the appropriate government has to form an opinion as to the existence of employer employee relationship and as to whether a dispute exists or is ..... the relevant observations of the supreme court are as under:.it would not be possible to accept the plea that the appropriate government is precluded from considering even prima facie the merits of the dispute when it decides the question as to whether its power to make a reference should be exercised under section ..... the new committee in implementation of its decision to pursue the illegal termination of the services of the workers raised the demand dated 14/11/2005 of reinstatement of the workers with full backwages and continuity of service contending that the transfer of the undertaking from respondent 2 to ..... bihar .....
Tag this Judgment!Court : Mumbai
Reported in : I(2008)DMC629
..... in parikh's textbook of medical jurisprudence, forensic medicine and toxicology referred to above, homicidal strangulation may be committed with such silence that even persons in close vicinity may not be aware of the act since sudden and violent compression of the windpipe renders a person powerless to raise an alarm or call for assistance. ..... the failure to discover motive by appropriate clinching evidence may be a weakness in the proof of the prosecution case, but it is not necessarily fatal as a matter ..... homicidal strangulation may be committed with such silence that even persons in close vicinity may not be aware of the act since sudden and violent compression of windpipe renders a person powerless to raise an alarm or call for assistance. ..... it would be relevant at this juncture to examine some provisions of the indian evidence act 1872 ('iea'for short) governing burden of proof and some legal principles as held by the hon'ble supreme ..... on the interpretation of section 106 of the indian evidence act, 1872 we may refer to the classic case of shambhu nath ..... , a 3 judge bench of the hon'ble supreme court in para 33, has held that ''...circumstances leading to alibi are within his knowledge and as provided under section 106 of the act, he has to establish the same satisfactorily.' 26. ..... state of bihar : 1998crilj3611 , whilst dealing with the issue of alibi, it was laid down by the apex court that ''the burden of proving the plea of alibi by positive evidence lies on the accused who .....
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