Court : Mumbai
Reported in : 2002(3)ALLMR362; 2002(5)BomCR117; [2002(95)FLR553]
..... it was contended by them that the petitioner was committing acts of misconduct and he was not doing his work properly and that there were several complaints from the villagers and the officers had to face angry villagers for want of electricity at the proper given time. ..... she further submitted that the learned member of the industrial court has considered all the aspects of the matter including the allegations made against the petitioner and that the fact that the enquiry was held to be fair and proper and, therefore, no interference under article 227 of the constitution of india was warranted by this court.4. ..... the supply of electricity is an essential necessity particularly in the villages where the supply is for limited hours during which the agriculturists are required to water their fields. ..... on account of irregular supply of electricity the villagers were harassed and they made collective complaints with the respondents. ..... it was further alleged by the respondents that the petitioner was using very abusive and arrogant language and was threatening his superiors and was refusing to perform his lawful duties and was not obeying the lawful and reasonable orders of the superiors. ..... the industrial court has also noted the consistent refusal to perform his duties amounting to a very serious act of misconduct. ..... on account of failure to discharge his regular duties, the villagers were not receiving electricity at the proper time and they were suffering. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD403; 2000(4)ALT274; (2000)IILLJ1278AP
..... corporation authority case and haryana electricity board case (supra) and the view taken by me on the basis of the information furnished by the respondent corporation on the works that are being attended by the contract labour as well as the regular staff after going through various clauses of the agreement that is being entered into by the respondent corporation and the successful contract, that the words that are being attended by the contract labour in the respondent corporation are of perennial nature and the action ofthe respondent corporation in splitting ..... , (1) wp mp 26343 of 1998 seeking permission of the court to implead 3 more official respondents; (2) wp mp 26344 of 1998 seeking a declaration that the petitioners are entitled to continue in service by declaring the action of the respondents in not permitting the petitioner to attend duties as illegal and (3) wp mp 26345 of 1998 seeking a direction to the respondents to engage the services of the petitioners for attending to the electrical maintenance work at the airport pending disposal of the writ petition. ..... the supreme court as well as the bombay high court all through proceeded under the assumption that central government is the appropriate authority for issuance of the notification under section 10 of the act. ..... the phrase 'matters connected therewith' in the preamble would famish the consequence of abolition of contract labour. ..... dimakuchi tea estates, 1958 scr 1156 and standard vaccum refining co. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2234
..... in view of our discussions made hereinabove, we are, therefore, of the firm opinion that exercise of power under section 11 of the act by the state government was legislative, in nature and, therefore, in view of the aforesaid discussions and applying the principles laid down by the supreme court in its aforesaid decisions, as noted hereinearlier, we are of the view that the state government was not duty bound to follow the principle of natural justice by giving opportunity to the residents of the respective districts and the members of the bar associations and others before issuing ..... the preamble of the act clearly provides that this act has been enacted to consolidate and amend the law relating to 'land revenue' and 'jurisdiction of revenue of officers' in state of uttar pradesh. ..... collector, thane, 1989 (3) scc 396, the apex court while dealing with the provisions of section 3 (3) of bombay provincial municipal corporation act, 1949, considered as to whether the power exercised is administrative or legislative in nature and the apex court held that the power to be legislative in nature which excluded the rules of natural justice. ..... state of maharashtra and ors. ..... , air 1958 sc 560, the apex court of our country while considering the meaning of 'sale of goods' in entry no. ..... , air 1958 sc 560, that a term of well-recognised import in the general law should be accepted as confining the meaning in interpreting the constitution.'54. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(173)ELT337(All)
..... the constitution bench of the hon'ble supreme court examined the provisions of the medicinal and toilet preparations (excise duties) act, 1955, wherein certain contents according to the standard ayurvedic text were classifiable as medical preparations though the same could also be used as ordinary alcoholic beverage and held that the same were liable to duty under item 1 of schedule ii of the act 1955, notwithstanding the decision of the standing committee and consequential omission of those preparations from the list appended to the rules framed under the act 1955 and the ..... state of maharashtra, 2003 air scw 2020, the apex court held that 'the manner in which a statutory authority had understood the application of a statute would not confer any legal right upon a party unless the same finds favour with the court of law dealing with the matter'.72 ..... collector of central excise, bombay : 1994(73)elt257(sc) , the hon'ble supreme court examined the same issue and placing reliance upon chemphar drug (supra) held that for invoking the proviso to section 11a, it has to be established that there had been an intention to evade duty and there had been something more positive than mere inaction or failure on the part of the assessee or conscious or deliberate withholding of information when the assessee knew otherwise, was required before he could be saddled ..... (1995)iillj728sc ; kerala state electricity board and anr. v. ..... mohammad nooh air 1958 sc 86; and ..... varma : (1958)iillj259sc ; state of .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)ILLJ371Bom
..... the court must be astute to avoid the mischief and achieve the purpose of the law and not be misled by the maya of legal appearances.again in the case of secretary, haryana state electricity board (supra), the apex court considered all the earlier judgments and in the context of the provisions of clr act examined the said issue and has 5 observed in para 17 of its judgment as under:17. ..... however, that by itself does not alter the fact that the tribunal being a fact finding authority was required to analyse the evidence and record the finding whether the contract was genuine or not and, in my view, the tribunal has performed its duty and has recorded a finding of fact to that, effect and, therefore, merely because the tribunal has not considered the ratio of the said judgments which were cited before it, would not make the order of the tribunal illegal or patently erroneous. ..... he, then invited my attention to the certificate of registration granted by the registering authority of maharashtra and pointed out that from the perusal of the said document, it was clear that the said document was ante- dated. he. .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]40CompCas611(All); [1971(21)FLR357]; (1970)IILLJ393All
..... the preamble of the act runs thus:' an act to provide for the nationalisation of life insurance business in india by transferring all such business to a corporation established for the purpose and to provide for the regulation and control of the business of the corporation and for matters connected therewith or incidental thereto. '7. ..... 65 it was held that the maharashtra state electricity board is 'state' within the meaning of, article 12, and is bound by the provisions of part iii of the constitution. ..... the circumstance that the board under the electricity supply act is required to carry on some activities of the nature of trade or commerce does not, therefore, give any indication that the board must be excluded from the scope of the word 'state' as used in article 12. ..... there is no characterisation of the nature of the ' authority' in this residuary clause and consequently it must include every type of authority set up under a statute for the purpose of administering laws enacted by parliament or by the state including those vested with the duty to make decisions in order to implement those laws.27. in k. s. ..... i respectfully agree with the view taken by the bombay high court.16. ..... it was declared by a single judge of the bombay high court that clause (1) of regulation no. ..... mohan lal : (1968)illj257sc , it is not possible to accept the view taken by the bombay high court.33. ..... 232 of 1963 (insurance corporation employees' union, bombay v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1764
..... to be detained in a corrective institution in lieu of sentence of imprisonment in accordance with the provisions of section 10a of the act;(viii) the provisions of the said act contemplate identifying the victims of the offences under the act committed by other persons and their rescue and rehabilitation in protective homes or corrective institutions and, therefore, the authorised police officers and the appropriate magistrates are required to exercise their functions and duties under the act in a manner that would achieve the object of the act of rehabilitation of the women and girls rescued or removed from brothels and ..... the preamble of the convention records that:'....prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community..... ..... it is pointed out that an order dated 21.9.1994 was issued by the director general and inspector general of police, gujarat state, ahmedabad in the exercise of powers under section 6-a of the suppression of immoral traffic in women and girls (bombay) rules, 1958 appointing special officers under sub-section (1) of section 13 of the act, whereby police officers of the ranks specified in column 1 of the schedule thereto have been appointed to be the special officers. ..... (viii) the decision of the supreme court in state of maharashtra v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR300; (1993)95BOMLR290
..... without reasonable cause for the purpose for which they were let for a continuous period of 6 months immediately preceding the date of the suit-as mentioned in clause (k) of sub-section (1) of section 13 of the bombay rents, hotel and lodging house rates control act, 1947 (hereinafter, referred to as the 'said rent act') and (ii) that the tenant after coming into operation of the said rent act has built, acquired ..... the learned trial judge also accepted the petitioner's contention that the office of the mechanical organisation of the irrigation department of the maharashtra government was located in the central building at pune and that the petitioner was required to come to pune in connection with his official duties and hence, it was not correct to say that the premises had not been used without reasonable cause for the ..... was transferred to other place went on paying the rent regularly in respect of the suit premises occupied by him earlier prior to his transfer, paid electricity charges and kept his belongings in the premises, it could not be said that the premises had not been used without reasonable cause for the purpose for which they were let for a continuous ..... committed by the tenant, as contemplated by clause (h) of sub-section (1) of section 14 of the delhi rent control act, 1958, by building his own houses of acquiring alternative accommodation, he ceases to enjoy the protection of law permanently and at no point of time and under no circumstances, the protection law .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(134)ELT350(Bom)
..... we find that the cegat is correct in holding that prima facie such a domestic flour mill fitted electric motor falls under chapter 85 of central excise tariff act, 1985 sub-heading 8509.00 and not under ..... the question whether the board circular on the basis of which the applicants are claiming classification and benefit of duty exemption under notification 111/88 and the nature of the board circular issued are a matter of controversy between the parties and as such the applicants case that they have got a prima facie case in that regard cannot be ..... fifteen lakhs only) on shri suresh chimanlal choksi, a/2,11, prithvi apartments, altamount road, bombay, in the capacity of proprietor of vspur industries and karta proprietor of vmsc under rule 209a of central excise rules, 1944.i impose a penalty of ..... ten lakhs only) on shri paresh shah, 214, panjarpole lane, bombay, under rule 209a of central excise rules, 1944.i impose a penalty of ..... lakhs only) on shri shashikant rane, 34/1063, kher nagar, bandra (east), bombay, under rule 209a of central excise rules, 1944. ..... veena choksi, a-2/11, prithvi apartments, altamount road, bombay, under rule 209a of central excise rules, 1944.i impose penalty of ..... veena industries bombay, under section 11a(2) central excise act, 1944 and rule 9(2) of central excise rules, 1944 which shall be paid forthwith.i also impose a penalty of ..... veena industries, bombay under rule 173q (1) of central excise rules, 1944.i order confiscation of land, building, plant, .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)BomCR785; [2004]271ITR269(Bom)
..... points out that in view of the amendment to section 2(47) of the income-tax act, introducing clause (v) any transaction involving the allowing of possession of any immovable property to be taken or retained in part performance of a contract under section 53a of the transfer of property act and in view of option exercised by the bank of maharashtra by letter dated june 12, 1990, exercising their option to complete the sale in respect of the said premises in pursuance of clause (5) of the agreement dated june 19, 1984, and in the light of the admitted position by the petitioner by letter dated june 16, 1993 ..... another division bench of the delhi high court in the case of united electrical co. p. ..... 22, 22a and 23 in maker chambers iii, at nariman point, bombay-400 021, as well as four open car parking spaces, being car parking spaces nos. ..... cit : [1997]225itr447(sc) in the matter of assessment year 1958-59 the method of accounting was accepted by the income-tax officer. ..... mangilal dhanraj : [1985]155itr71(bom) a division bench of this court noted that what is the duty of the assessee was to disclose relevant facts. .....
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