Court : Mumbai
Reported in : 2003(2)ALLMR670; 2003(3)BomCR450; 2003(1)MhLj401
..... petitions, there is a challenge to the validity of provisions of section 9a of the bombay money lenders act, 1946 (hereinafter called as 'the said act') as amended by maharashtra act no. ..... in this case, it was held that the judicial concept of quid pro quo in a fee is undergoing transformation, though the fee must have relation to the services rendered, or the advantages conferred, it is not necessary to establish that those who pay the fee must receive direct or special benefit or advantage of the services rendered for which ..... 'in this case it was pointed out that the expenditure in constructing buildings for locating the head office and regional offices and the increase in the allowances or other amenities to the staff have also to be included in the ..... and officers of the department have to visit the places of money lending business, inspect accounts and other matters relating to ..... note that it was further held that when the levy of the fee is for the benefit of the entire textile industry, there is sufficient quid pro quo between the levy recovered and the services rendered to the industry as a whole. ..... arbitrary and violative of fundamental rights guaranteed under article 14 of the constitution inasmuch as it has no relevance whatsoever to any service and no inspection fee is liable to be imposed or recovered from money lenders when already section 6 provides for levy of ..... learned advocate for respondents has rightly urged that schedule of fees provides measure for assessing the .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)BomCR391; [2003(97)FLR159]; (2003)IILLJ283Bom; 2003(1)MhLj485
..... , through its managing director, against the respondents, impugning the decision of the industrial court delivered on 12th february, 2002 in the various complaints filed by the respondents under section 28 read with item 9 of schedule iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as mrtu and pulp act, 1971), under which the industrial court held that the petitioners (original respondents) have engaged in unfair labour practice ..... they have stated in their complaint that the respondent-newspaper establishment has on its roll 400 employees and model standing orders framed under the industrial employment (standing order) act 1946 are applicable to the respondent-newspaper establishment and, therefore, all the seven complainants have become regular and permanent long ago and are entitled to ..... come up with a very specific case that the complainants were privately employed by their officers in their private capacity as their domestic servants and, therefore, there was no relation between the petitioners and the complainants of employer and employees as the domestic servants appointed by their officers at their cost, to do their personal work, cannot be the workmen of the ..... high court in which this question has been examined thoroughly and came to be approved by the division bench of this court in hindustan coca cola bottling s/w p. ..... the supreme court right from the case of general labour union (red flag), bombay v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR827; 2007(6)BomCR609; 2007(5)MhLj187
..... the corporation constituted under the maharashtra industrial development act, 1961 had also acquired lands in the year 1965 and they were developed and given on lease for a ..... not mean, necessarily, that the claimants would be entitled to the same value of the land as given in relation to the lands located in village kalamboli or the amount indicted in the lease-deed over some period. ..... not adopted any unreasonable principles in ignoring the sales that have taken place after the date of notification under section 36.similar view was also expressed by the supreme court in the case of the special land acquisition officer, karnataka housing board and ors. v. p.m. ..... these transactions indicate that during the year 1994-95, at different rates, the leasehold rights in the lands in question or in the surrounding villages of kalamboli and taloja industrial estate were given to the parties; and treating this as the basis, the learned reference court granted market value ..... the claimants have advanced the arguments that the development of the new bombay area started in the year 1970 when the lands were acquired for that ..... unable to see any merit in the contention raised on behalf of the union of india that belting system ought to have been followed by the learned additional ..... to the principle and we find no compelling reason to divert the stream or arrest the consistence.while enunciating this principle the hon'ble supreme court quoted with approval the case of the collector of lakhimpur (supra). .....
Tag this Judgment!Court : Mumbai
Reported in : [1998(79)FLR187]; (1999)ILLJ48Bom
..... bombay act is the bombay industrial relations act, 1946 and the central act is the industrial disputes act, 1947 as laid down by definition sections 3(1) and 3(2) of the act ..... the apex court in colour chem limited considered the scope of provisions of clause (g) of item i of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short the act) at great length and ruled the subject matter of clause (g) is the misconduct of minor or technical character only and the remaining parts of the clause do not indicate any separate subject-matter like ..... and especially in the light of their past service records there is no escape from the conclusion that the punishment of dismissal imposed on them for such misconduct was grossly and shockingly disproportionate, as rightly held by the labour court and as confirmed by the revisional court and the high court. ..... in this connection learned senior counsel for the respondent workmen has rightly pressed in service a decision of a bench of three learned judges of this court in the case of hind construction ..... if the contention of learned senior counsel for the respondents was right all the sub-parts of clause (g) have to be read ..... the report assumed that the said clause would cover minor misconducts.learned senior counsel for the respondents was right when she contended that this being a labour welfare legislation liberal construction should be placed on relevant provisions of the act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR815; (2008)110BOMLR3204
..... and registered under the law for the time being in force for the registration of documents and is made on account of natural love and affection between parties standing in a near relation to each other; or unless,2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the ..... of provisions contained under section 23/25 of the indian contract act being opposed to public policy; violative of fundamental rights of the petitioner; violative of the right of property of petitioner/society; because of unequal bargain power; being forbidden by law and further in view of section 25 of the contract act, as the agreement to ..... shri radhakrishna charitable trust, shioprasad poddar charitable trust, shri charottar patidar samaj, mathadi hamal and area transport works union, nagpur general works union, parampujya parmatma ek sewak mandal, steel and hardware chamber of commerce, nag vidarbha chamber of commerce, lohana ..... court has issued direction that land which would become available on account of shifting and relocation of hazardous industries from the city of delhi shall be used in the manner as provided for in the said judgment ..... public utility land to following institutions; which are : maharashtra rashtrabhasha sabha, nagpur, hostel for women, south indian ..... control rules, 1958 applicable to bombay which provide for surrender of ..... approved from the government in view of rule 20 of the rules and on approval ..... officer .....
Tag this Judgment!Court : Mumbai
Reported in : 2006CriLJ1542; 2006(1)MhLj510
..... in the case of balu, as pointed out earlier, this court held that liberal interpretation cannot be given to the phraseology used in section 56 of the said act of 1951 as the division bench observed that in a sense the whole state of maharashtra is contiguous to any area within the state. ..... expressed the same view by saying that 'the contiguous area of thana district is intimately connected with the industrial area of greater bombay with cheaper and quicker means of transport and communication. ..... how long, within the statutory limit of two years fixed by section 58, the order shall operate and to what territories, within the statutory limitations of section 56 it should extend, are matters which must depend for their decision on the nature of the data which the authority is able to collect in the externment proceedings.the apex court quoted with approval the two unreported decisions of this court where challenge was to the order of externment passed ..... in criminal writ petition no.1615 of 2005, the perusal of the order of externment shows that the activities of the petitioner which are relied upon in the show cause notice relate to various parts of city of ambernath, taluka ambernath ,district thane. ..... the restriction placed by section 56 on the fundamental rights guaranteed by article 19(1) (d) and (e) of the constitution cannot be held to be a reasonable restriction, unless the area of externment is restricted to the requirement created by the movements or acts of the persons to the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)MhLj111
..... (2).nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of possession of any immovable property or of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1919 or the maharashtra housing and area development act, 1976 or any law for the ..... candidly submitted that the issue as to whether the appellants are a sick industrial company and, therefore, was entitled to have all proceedings instituted against it stayed ..... the suit ought to have been filed under the bombay rents, hotel and lodging house rates control act, 1947 and that the eviction suit filed under the transfer of property act was not maintainable;(ii) that the notice terminating the 1st tenancy dated september, 1984 was not legal and valid;(iii) that the chief officer of the respondents was not the competent authority to ..... -(1) notwithstanding anything contained elsewhere in this act, but subject to the provision of sub-section (2), the court of small causes shall have jurisdiction to entertain and try all suits and proceedings between in licensor and licensee, or a landlord and tenants, relating to the recovery of possession of any immovable property situated in the area within the local limits of the jurisdiction of the court of small causes, or relating to the recovery of the licence fee or charges or .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)BomCR124
..... is crystal clear that the rights which the employer has in law to adduce additional evidence in a proceeding before the labour court or industrial tribunal either under section 10 or section 33 of the act questioning the legality of the order terminating service must be availed of by the employer by making a proper request at the time when it files its statement of claim or written statement or makes an application seeking either permission to take a certain action or seeking approval of the action taken by ..... thereafter the respondent petitioner company filed an application restraining the respondent workman from leading any evidence on the issue as to the perversity of the findings of the enquiry officer and contended that save and except the issue that the petitioner has duly complied with the procedure required to be complied with and that the principles of natural justice ..... 1998 under the provisions of section 28 read with item l(a), (b), (c), (d), (f) and (g) of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to ..... 1276, particularly para 18 of the judgment which reads as under :-'coming to the second contention which relates to the request made by the management in its application dated march 15, 1966 for being given an opportunity to adduce evidence, if the domestic enquiry is held to be defective we agree with the tribunal when it ..... maharashtra state khadi and village industries board, bombay .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR124; 2002(3)BomCR655
..... petitioner has also sought a declaration that the provisions of the bombay rents, hotel and lodging house rates control act, the bombay land requisition act and the bombay government premises (eviction) (amendment) act, 1996 (the maharashtra act xvi of 1997) and/or the ordinance dated 25th december, 1997, published in the maharashtra government gazette, extraordinary dated 26th december, 1997, are ultra vires unconstitutional and violative of fundamental rights of the petitioner guaranteed under the constitution of india. ..... then rule 81 provided for power of the government for regulating general control of industry and the relevant provision relating to control of rents is contained in clause (bb) of rule 81 which reads as follows :'(bb) for regulating the letting and sub-letting of any accommodation or class of accommodation whether residential or non-residential, whether furnished or unfurnished and whether with or ..... another point was taken about limitations of this application under section 20 of the act, section 20 states that no court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been ..... said flats with seven others flats and two garages came to be released from requisition with effect from 31st august, 1946 by the collector's office vide their order dated 26th august, 1946. ..... and another, reported in : 1979crilj952 ; union of india and another v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1982(10)ELT214(AP)
..... bombay), mansingka industries private limited, a company incorporated under the indian companies act filed a suit in the court of the civil judge, senior division at jalgoan contending that the union of india illegally recovered from it certain monies purported to be excise duties under the central excises and salt act ..... , held that section 40 of the central excises and salt act merely enacted immunity or protection against claims for damages against the government itself or any of its officers for acts done in good faith and that questions of collection of illegal duty and/of its recovery or refund were not questions covered by the said section and that section 40 of the central excises and salt act did not bar the jurisdiction of civil ..... ) it was held by a division bench of the high court of rajasthan that the high court could issue a direction for enforcement of fundamental rights to give constitutional relief by way of refund of money paid under a mistake of law and realised by the government without the authority of law and that if a proceeding under article ..... is levied by mistake of law it is ordinarily the duty of the state subject to any provision in the law relating to sales tax (and no such provision has been brought to our notice) to refund the tax. ..... the union of india to appeal against the decisions of a division bench of the bombay high court in maharashtra vegetable ..... supreme court quoted with approval the principles laid down ..... in 1945 and for the years 1945-46 in 1946. .....
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