Court : Supreme Court of India
Reported in : AIR1986SC1126; 1986(1)SCALE416; (1986)2SCC431; [1986]1SCR633; 1986(2)LC390(SC)
..... to view the abolition of cash grants under the madhya pradesh law impugned in that case as a statutory transfer of rights of the grantees to the state and extended the same principle in judging the validity of section 3 of the impugned act, and added : when a debt due and owing by the state or a corporation owned or controlled by the state is extinguished by law, there is transfer of ownership of the money representing the debt from the creditor to the state or the ..... it appears that a view was taken by the bombay high court in a case relating to the kalyan borough municipality that section 49 of the act as it then stood, did not permit the board to frame uniform tariffs for consumers in compact areas as well as consumers in sparse areas, so as to require the former to pay a part of the cost involved in the supply of electricity to the ..... once the period was over, the board was entitled to have a second look and taking an overall view when it found that it was no longer possible to supply electricity at the concessional rate which had no reasonable relation to the uniform tariff under hs/lp/ht-1 applicable to all large industrial consumers, it manifested its intention to review the rate of supply from january 1, 1971. ..... there is therefore no basis for the submission that there could only be proportionate increase keeping in view the increase in the component of cost of ..... appeal was brought by the maharashtra electricity board to this court. ..... in maharashtra state electricity board .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;
..... court in kaluram's case (supra) in its three-judge bench judgment upon approval has been pleased to take note of the situation that subject to certain variations section 141 of the contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with or loses the security held by him. ..... have further alleged that had the plaintiff taken over the management of the company under the provisions of the industrial development and regulations act at the earliest date of default, the nationalisation of the two units of the first defendant under the sick textile undertakings (nationalisation) act, 1974 would not have occurred and the plaintiff would have realised its entire claim from the units. ..... drawing inspiration from a decision of this court in maharashtra state electricity board, bombay v. ..... language of section 141, with his persuasive eloquence contended that the statute, in fact, has conferred a right or entitlement or a benefit on to a surety on every security which the creditor has against the principal debtor at the time of entering into the contract of guarantee between the parties - undoubtedly, a very attractive proposition at this juncture- thus it becomes rather imperative to note section 141 of the contract act in extenso for the purposes of appreciation of the rival submissions made in ..... anand in elucidation of his submission strongly relied upon a decision of the court of queens bench in england in the case of baily .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)283; AIR1996SC1559; (1996)IILLJ685SC; 1996(2)SCALE800; (1996)3SCC504; [1996]2SCR979; 1996(2)LC494(SC)
..... after the expiry of two years, if any rival union seeks any recognition, the industrial court is required to follow the procedure prescribed under section 14 of the act and then to take a decision according to law. ..... was passed by the industrial court in the year 1983 and sufficient time has already elapsed, the embargo under section 14 of the act no longer is available. ..... section 14 of the act, the prohibition to make a fresh application was imposed for a period of two years; further making of an application within one year from the date of order passed by the industrial court ..... he submitted a report stating that 'as per the direction given by the hon'ble member, industrial court, the undersigned conducted the enquiry on the spot in the presence of the two representatives of each union and members of the ..... this report of the total number of respective unions was accepted by the industrial court and upheld no doubt not by a very reasoned order, by the ..... workers bombay : (1990)iillj395sc had held that the scheme relating to the recognition was to be done in accordance with the act. ..... challenged the procedure adopted by the investigating officer under maharashtra recognition of trade union and prevention of unfair labour practice act, 1971 (1 of 1971) (for short, 'mrtupulp act').2. ..... in this case, the industrial court had directed the investigating officer by his order dated november 17, 1980 to give opportunity to the parties and then to conduct the enquiry in terms of its previous order dated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1999(2)ALD(Cri)731; [1999]98CompCas626(SC); 1999CriLJ4305; 1999(3)CTC350; JT1999(7)SC92; 1999(5)SCALE613; (1999)7SCC685; [1999]Supp2SCR609; 2000(1)LC431(SC)
..... any time during the period of his office been in possession of property for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, yet there is no specific provision in the act itself as to how or in what manner the said property can be dealt with by the investigating officer even if he comes to the conclusion that the assets in the possession of the 'public servant' is directly ..... that it is not quite sure whether monies deposited in a bank account can be seized by means of a prohibitory order under the provisions of section 102 but even assuming that a bank account is a 'property' within the meaning of section 102 of the crpc, the further consideration must be satisfied namely the property has been found under circumstances which create the suspicion of the commission ..... section 22 of the act, the provisions of the crpc have been made applicable to any proceeding in relation to an offence punishable under the act ..... of the accused and there cannot be any fetter on the powers of the police officer in issuing prohibitory orders from operating the bank account of the accused when the police officer reaches the conclusion that the amount in the bank is the outcome of commission of offence by the accused. ..... maharashtra in this appeal assails the correctness of the view taken by the learned single judge of the bombay ..... of land, 7.25% was earmarked for industries and 41.21% for agriculture and open ..... began his submissions, mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC755; IV(2005)BC551(SC); 2006(1)BomCR531; [2005]128CompCas387(SC); (2005)6CompLJ129(SC); JT2005(12)SC156; (2005)4MLJ184(SC); (2006)142PLR404; 2005(8)SCALE255; (2005)8SCC190
..... through its recovery officer but only after notice to the official liquidator or the liquidator appointed by the company court and after hearing him.ii) a district court entertaining an application under section 31 of the sfc act will have the power to order sale of the assets of a borrower company-in- liquidation, but only after notice to the official liquidator or the liquidator appointed by the company ..... the bombay high court took the view that rights conferred on a financial corporation as a mortgagee under section 29 of the sfc act are not obliterated when the ..... respect of an industrial concern have commenced before an application is made under sub-section (1) of section 32, nothing in this section shall be construed as giving to the financial corporation any preference over the other creditors of the industrial concern not conferred ..... maharashtra state financial corporation, bombay ..... section 529a of the act prevailed over section 29 of the sfc act in case of a conflict and since the workmen's dues which rank pair passu with the dues of the secured creditors will have to be paid from the proceeds of the assets of the company including the security given to the secured creditors, any dispute as to the apportionment of workmen's dues and the amount due to the financial corporation and other related ..... the two learned judges taking note of this submission and taking note of the importance of the ..... bombay high court in maharashtra ..... of that court in maharashtra state financial corporation v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)641; JT1996(4)SC263; 1996(3)SCALE579; (1996)5SCC281; [1996]Supp1SCR507
..... features of the main notification are that a number of activities were declared as prohibited in the regulation zones, which are as follows:i) setting up of new industries and expansion of existing industries, except those directly related to water front or directly needing foreshore facilities;ii) manufacture or handling or storage or disposal of hazardous substances as specified in the notifications of the government of ..... for reasons to be recorded, the central government may permit any construction within the said 200 metres ndz subject to such conditions and restrictions as it may deem fit.in the written submissions filed by the union of india in this court on 29.9.1995, this amendment has been sought to be justified and explained by it in the following words:as regards the developmental activities ..... the crz areas;x) harvesting or drawal of ground water and construction of mechanisms therefore, within 200 m of htl; in the 200 m to 500 m zone it shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries;xi) construction activities in ecologically sensitive areas as specified in annexure-i of this notification;xii) any construction activity between the low ..... clause (5) of sub-section (2) of section 3 of the act declaring dahanu taluka, district thane, maharashtra as an ecologically fragile ..... the main notification and of the notification dated 20.6.1991 relating to dahanu taluka should be dealt with by the bombay high court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(10)SC554; 2009(11)SCALE217; (2009)8SCC1; [2009]96SCL403(SC); 2009AIRSCW5709
..... : air 1960 sc 610 this court while interpreting the definition of 'industry' as contained in section 2(j) of the industrial disputes act, 1947 held as under:it is obvious that the words used is an inclusive definition denote extension and cannot be treated as restricted in any sense ..... appeals arise out of a judgment and order dated 9.6.2005 passed by the learned judge, special court, bombay constituted under the special court (trial of offences relating to transactions in securities) act, 1992 (for short, 'the said act') in special case no. ..... although we do not know the exact time of holding of the meeting of the bank authorities vis-`-vis the time when the resolution was passed but the fact remains that both took place on the same date ..... state of maharashtra : (2001) 8 scc 257, this court held:the use of different words in sections 6 and 7 of the act as already noticed earlier also show that the words in section 7 that the prosecution for any offence shall be instituted only in special court deserve a liberal and wider construction ..... so far as the submission of the learned counsel that they had no knowledge of the circulars issued by rbi is concerned, we would affirm the findings of the special judge that the conduct of the accused clearly shows to the contrary that they ..... . the submission of the learned counsel for the appellants that there has been no violation of the rbi guidelines and/or the uco bank manual cannot be ..... at this stage, it may not be necessary to consider the submission of mr .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1996)132CTR(SC)283; [1996]219ITR521(SC); [1996]85TAXMAN396(SC)
..... found further that there was no obligation on the assessee-company to provide its workers tenements constructed by the housing board and that the benefit of better and cheaper housing in this case obtained by the industrial workers of the assessee-company did not constitute a direct benefit of an enduring nature to the assessee. ..... it was held that transaction of acquisition of the asset was closely related to the commencement and carrying on of the assessees business and, therefore, interest paid on the unpaid balance of the consideration for the assets acquired had, in the normal course, to be regarded as expenditure for the purpose of ..... [1990]186itr276(sc) wherein it has been held that the amount advanced by the assessee for construction of houses under a subsidised industrial scheme for its employees is in the nature of a revenue expenditure. ..... 000 in respect of the contribution made by it to the maharashtra housing board towards the construction of tenements for its workers?'2. ..... 2,25,000 was contributed by the assessee to the maharashtra housing board towards construction of tenements for the companys ..... the court :these appeals are preferred against the judgment of the bombay high court rejecting an application under s. ..... the decision in bombay steam navigation (supra) also pertains to amalgamation of two shipping ..... view of the said finding and also in view of the decision of this court in bombay steam navigation co. ..... (2) of the it act. ..... of the act. ..... of the it act. ..... (2) of the it act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(6)BomCR748; 2009(233)ELT30(SC); JT2007(9)SC382; 2008(1)MhLj492; 2007(9)SCALE299; (2007)7SCC39; 2009[13]STR482
..... a nutshell are as follows:a writ petition was filed by the appellant alleging inaction on the part of the city & industrial development corporation of maharashtra limited (hereinafter referred to as 'cidco') in not executing the agreement of lease with the appellant- company. ..... cce 1992 supp (4) scc 541 this court directed the central government to set up a committee consisting of representatives from the ministry of industry, the bureau of public enterprises and the ministry of law, to monitor disputes between ministry and ministry of the government of india, ministry and public sector undertakings of the government of india and public ..... collector of central excise , this court directed the central government to set up a committee consisting of representatives from the ministry of industry, the bureau of public enterprises and the ministry of law, to monitor dispute between ministry and ministry of the government of india, ministry and public sector undertakings of the government of india and public ..... referred to several correspondence exchanged between the parties but ultimately held that the issues related to contractual matters and the writ petition was not the appropriate remedy. ..... appeal is to the order passed by a division bench of the bombay high court dismissing the civil writ petition no. ..... will always claim that its rights are affected, when in fact, no right is affected. ..... the government are its limbs and, therefore, they must act in co- ordination and not in confrontation. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi160; [1971(22)FLR363]
..... dispute between 23 maganese mine-owners in the states of maharashtra and madhya pradesh on the one hand and their workmen on the other hand was referred to the industrial tribunal under the powers conferred on the central government by clause (d) of sub-section (1) of section 10 of the industrial disputes act, 1947. ..... i thus hold that the petitioner and its members have done all that was necessary under section 10-a of the industrial disputes act and the government on receiving it was bound to publish the agreement and did not act within its jurisdiction in ignoring the arbitration agreement and making a reference by publishing the impugned ..... of the arbitration agreement - the arbitration agreement shall be signed:- (a) in the case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate by the agent, manager, or other principal officer of the corporation. ..... further was heard by the petitioner and all of a sudden the impugned notification dated 19-4-1961 was published referring the dispute to the industrial tribunal, bombay. ..... its objects, and cordial relations between its member mine owners and their employees by negotiations etc as also to take necessary legal proceedings on behalf of its members to protect their interests. ..... this petition moved under art 226 of the constitution of india the petitioner challenges an order of the central government issued on 19-4-1961 making a reference to the industrial tribunal, bombay. .....
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