Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 49 composition of joint committee Court: kolkata Page 1 of about 3 results (0.059 seconds)

Birla Corporation Ltd. Vs. First Industrial Tribunal and ors.

Court : Kolkata

Reported in : 2006(2)CHN13,[2006(110)FLR136],(2006)IIILLJ84Cal

..... the jurisdiction of the appropriate government to refer a dispute relating to proposed shifting of soorah jute mill from 102, narkeldanga main road, kolkata to birlapur, 24-parganas (south) to the industrial tribunal for adjudication under section 10 of the industrial disputes act, 1947, has been challenged in this writ petition.2. ..... ...it is true that normally a writ petition under article 226 of the constitution of india should not be entertained against an order of the appropriate government making a reference under section 10 of the act, as the parties would get opportunity to lead evidence before the labour court or industrial tribunal and to show that the claim made is either unfounded or there was no occasion for making a reference. ..... mitra, such defect in the reference does not oust the jurisdiction of the tribunal to adjudicate the industrial dispute relating to such shifting, particularly when affectation of the right and/or enjoyment of benefit of the workmen due to such shifting is admitted by the petitioner in their letter dated 22nd may, 2002 being annexure 'p-4' to this writ petition.23. mr. ..... state of maharashtra (supra) cited by mr. ..... bandopadhyay relied upon a decision of the bombay high court in the case of harish bijoy kumar khaitan and anr. v. ..... relying upon another decision of the bombay high court in the case of hindustan lever employees' union v. .....

Indian Express Newspaper (Bombay) Pvt. Ltd. Vs. State of West Bengal a ...

Court : Kolkata

Reported in : 2005(1)CHN390,[2006(106)FLR467],(2005)IILLJ333Cal

..... his situs of employment being bombay, he ought to have raised an industrial dispute relating to the termination of his services in bombay and the government of maharashtra would have been the appropriate government to make a reference under section 10 of the aforesaid act in respect of such dispute.41 ..... in the event such preliminary issue was decided in favour of the workman the learned tribunal would then consider the matter relating to grant of interim relief in favour of the workman under section 15(2)(b) of the industrial disputes act afresh in the light of the full bench decision in terms of the direction given by the division bench in the ..... employee of the bombay office of the newspaper company, as had been admitted by him all along and irrespective of the fact that he was employed in calcutta, his controlling authority was the bombay office and consequently it would be the maharashtra state government which would be the appropriate government within the meaning of sub-clause (ii) of section 2(a) of the industrial disputes act, 1947, in ..... while the questions relating to how a judicial forum is to acquire jurisdiction over a matter within the ambit of the industrial disputes act, as also the question as to which would be the appropriate government to make a reference under section 10 of the industrial disputes act, 1947, appears to have been more or less settled, the question with which we are concerned in the instant appeal is whether applying the said principles it can be .....

Ganapati Commerce Ltd. (In Liquidation) and the Official Liquidator, H ...

Court : Kolkata

Reported in : III(2008)BC36,(2008)1CALLT175(HC),[2008]83SCL467(Cal)

..... it would be inappropriate for the company judge, merely on the strength of section 18 of the 1993 act to allow the debts recovery tribunal to deal with all matters relating to the assessment of priorities of creditors of a company in liquidation and the distribution of dividends to creditors without reference to the ..... the decision of the bombay high court in maharashtra state financial corporation case air 1993 bom 392 gives weighty reasons as to why when the company is under winding-up sfc to which the assets of the company are charged cannot proceed to realise ..... bank case, the supreme court had referred to the provisions of the 1993 act in the context of section 446 of the companies act in a judgment reported at : [1996]2scr960 (industrial credit and investment corporation of india ltd. v. ..... copy of the notice shall be forwarded to the defendant at his last address known to the recovery officer and in the case of a joint account to all the joint holders at their last addresses known to the recovery officer. ..... said committee stated in annexure i as follows:the adjudication officer will have such power to distribute the sale proceeds to the banks and financial institutions being secured creditors, in accordance with inter se agreement/arrangement between them and to the other persons entitled thereto in accordance with the priorities in the law.the above recommendations as to working out 'priorities' have now been brought into the act with greater clarity under section 19(19) .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... (c) in the letter dated 21st june 2011 written by district magistrate, hooghly, to md of tm addressed to tms bombay office it is stated, inter alia, as follows: in terms of sub-section (1) and sub-section (2) of section 4 of the singur land rehabilitation and development act, 2011, the land stands vested to the state government free from all encumbrances. ..... if the legislature makes a law for acquiring a property by providing for an illusory compensation or by indicating the principles for ascertaining the compensation which do not relate to the property acquired or to the value of such property at or within a reasonable proximity of the date of acquisition or the principles are so designed and so arbitrary that they do not provide for compensation at all, one can easily hold ..... by his letter dated 6th july, 2006, the joint secretary to the government of west bengal wrote to the west bengal industrial development corporation (hereinafter referred to as wbidc), the fourth respondent, the district magistrate being the fifth respondent and the land and land revenue department being the third respondent to initiate acquisition proceedings. 7. ..... it appears from the said rule that the quorum for the meeting of the committee shall be ten and the decision of the majority of the members present shall prevail. ..... state of maharashtra reported in (1977) 2 scc 670 where the court held as follows:- para57. ..... state of maharashtra reported in (1977) 2 scc 670; bengal electric lamp works ltd vs. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... (c) in the letter dated 21st june 2011 written by district magistrate, hooghly, to md of tm addressed to tms bombay office it is stated, inter alia, as follows: in terms of sub-section (1) and sub-section (2) of section 4 of the singur land rehabilitation and development act, 2011, the land stands vested to the state government free from all encumbrances. ..... if the legislature makes a law for acquiring a property by providing for an illusory compensation or by indicating the principles for ascertaining the compensation which do not relate to the property acquired or to the value of such property at or within a reasonable proximity of the date of acquisition or the principles are so designed and so arbitrary that they do not provide for compensation at all, one can easily hold ..... by his letter dated 6th july, 2006, the joint secretary to the government of west bengal wrote to the west bengal industrial development corporation (hereinafter referred to as wbidc), the fourth respondent, the district magistrate being the fifth respondent and the land and land revenue department being the third respondent to initiate acquisition proceedings.7. ..... it appears from the said rule that the quorum for the meeting of the committee shall be ten and the decision of the majority of the members present shall prevail. ..... state of maharashtra reported in (1977) 2 scc 670 where the court held as follows:-para 57. ..... state of maharashtra reported in (1977) 2 scc 670; bengal electric lamp works ltd vs. .....

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... and liniments, hyderabad reported in (1989) 2 scc127 the supreme court held:- in order to make the demand for duty sustainable beyond a period of 6 months and up to a period of 5 years in view of the proviso to sub-section (1) of section 11a of the act, it has to be established that the duty of excise has not been levied or paid or short-levied or short-paid or erroneously refunded by reasons of either fraud or collusion or wilful misstatement or suppression of facts or contravention of any provision ..... at the finance act, 1994 would show that the five taxable services referred to in the charging section 65 (105) would refer only to service contracts simpliciter and not to composite works contracts. ..... case where the service tax is provisionally assessed under this chapter or the rules made thereunder, the date of adjustment of the service tax after the final assessment thereof; (iii) in a case where any sum, relating to service tax, has erroneously been refunded, the date of such refund. ..... the statutory authorities and this shall apply even to cases where sufficient evidence is placed before the writ court for an unambiguous conclusion upon technical matters.he also referred to a decision of the bombay high court in the case of apcotex industries-vs. ..... -state of maharashtra reported in 2007 (207 elt168 wherein it was observed that although ordinarily a writ court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a notice to show cause unless the .....

Commissioner of Income-tax Vs. Teesta Valley Co. Ltd.

Court : Kolkata

Reported in : [1991]187ITR657(Cal)

..... [1980]121itr920(bom) , the bombay high court was concerned with the determination of income under the maharashtra agricultural income-tax act, 1962. ..... [1986]162itr622(bom) , one of the issues raised for consideration before the bombay high court related to the assessee's claim for deduction of rs. ..... the government of west bengal, in a letter dated december 23, 1971, advised the consultative committee of the plantation association that they had accepted the formula suggested by the minister and intended to implement it without ..... relevant clauses of the agreement executed between the state government and the assessee read as under :'(a) that the lessee shall pay rent to the government as determined under section 42 of the estates acquisition act with effect from the date of vesting, namely, the 15th april, 1955. ..... with this situation, the government initiated a dialogue with the tea industry through the indian tea association for settlement of the matter. ..... court upheld the assessee's claim for deduction in the assessment year 1970-71 on the ground that the interest, though relating to the earlier year, actually accrued in this accounting year.21. ..... towards its liability to pay provident fund contribution relating to the earlier years. ..... [1964]53itr134(sc) , held that the assessee was entitled to claim deduction in respect of the liability in question in the previous year relevant to the assessment year 1968-69 since it was settled only in that year although it related to the year 1964-65. .....

Bengal Peerless Housing Development Co. Ltd. Vs. Urmila Roy and ors.

Court : Kolkata

Reported in : 2007(3)CHN640

..... limited for execution of the housing project by the state government and the west bengal housing board is absolutely valid and legal in the eye of law, and the said joint sector company has been incorporated in public interest and for a public purpose.referring to the notifications issued under sections 4, 6 and 9 of the act 1 of 1894, learned standing counsel submits that the land mentioned in those notifications is needed by the government for a public purpose i.e. ..... in other words, the reservations in favour of hill areas and uttaranchal areas are understood and treated as reservations relatable to article 15(1) of the constitution and not as reservations in favour of ''socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes' within the meaning of article 15(4) of the constitution ..... incidentally, the decision last noted was also on land acquisition and requisition under the maharashtra regional and town planning act, 1966 and in para 29 of the report this court observed: (scc p. ..... in ultimate analysis, what is considered to be an acquisition for facilitating the setting up of an industry in the private sector could get imbued with the character of public purpose acquisition if only the government comes forward to sanction the payment of a nominal sum towards compensation ..... and municipal corporation of greater bombay v. ..... similar is the view in an earlier decision of this court in the case of municipal corporation of greater bombay v. .....

Poysha Industrial Company Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1994)2CALLT330(HC),[1995(70)FLR154],(1995)IILLJ137Cal

..... by the amendment act, 33 of 1988 the said provisions was amended by addition of a further proviso to the effect that the central board may reduce or waive damages levied under this section in relation to an establishment which is sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board of industrial & financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985, subject to ..... the order of the bifr was brought to the notice of the respondent authorities or not in view of the fact under section 22(1) of the s.i.c(s.p) act, 1986, no proceeding under any law for winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of the receiver in respect thereof shall lie or be proceeded with further, except with the consent ..... the respondents that the calcutta unit of the petitioner was started as a part and parcel of its principal establishment in maharashtra and so though no separate code number could be issued initially still such code number was allotted subsequently to the petitioner ..... bombay village panchayat act that the provision of section ..... act, 1985 against a company, a proceeding to recover property tax under section 129 of the bombay village panchayat act, (1958) shall not lie against the said company without consent of the bifr, in view of sub-section 1 of section 22 of the act .....

West Bengal Financial Corporation Vs. Official Liquidator

Court : Kolkata

Reported in : AIR1997Cal262

..... kar urged that in view of the legal position as explained both by the supreme court and various other high courts in relation to the provisions of sections 529, 529-a and 537 of the companies act, 1956, and sections 29 and 31 of the state financial corporations act, 1951, appropriate orders, as prayed for in the judges' summons, should be made.24. ..... explained in ranganathan's case : [1955]2scr374 remains valid for our purpose, and the same has been duly reiterated and explained by the hon'ble supreme court in the light of the amended provisions of sections 529 and 529-a of the companies act, in the case of industrial credit and investment corporation of india ltd. ..... it is true that the supreme court did not have occasion to consider the provisions of sections 529 and 529-a in deciding ranganathan's case, it did consider the same in the industrial credit and investment corporation of india (ltd. ..... referring to the bench decisions of the bombay high court and the andhra pradesh high court in the maharashtra state financial corporation's case : air1993bom392 and the andhra pradesh state financial corporation's case : air1995ap302 (supra), cited on behalf of the corporation, mr ..... kar then urged that notwithstanding the amendments effected in section 529 and the introduction of section 529-a in the companies act, the view expressed in ranganathan's case : [1955]2scr374 (supra) was reiterated by the supreme court in the case of industrial credit and investment corporation of india ltd. v. .....