Court : Supreme Court of India
..... 12.01.2009 addressed to the additional collector, head office jawar, respondent no.4 informed that except for the wp in the high court of bombay, no other objection was received and thereby all requirements under section 208 of the revenue code had been fulfilled, despite ifci having raised its objections vide a letter dated 10.12.2008.24. ..... with the contention canvassed on behalf of the appellant that the additional commissioner, konkan division, state of maharashtra had no jurisdiction to adjudicate the two appeals filed by the respondent no.1 and respondent no.6 herein respectively. ..... relevant statutory provisions of the revenue code27 before adverting to the rival submissions canvassed on either side, it is necessary for us to look into few relevant provisions ..... the tahsildar was by supressing various critical facts from time to time from the additional collector who under the scheme of the act was to approve the process of any such auction and pursuant thereto to confirm any such sale under the auction. c ..... thereafter, the appellant put up a huge industrial unit for the purpose of manufacturing oxygen cylinders ..... when the constitution has vested extraordinary power in the high court under articles 226 and 227 to issue any order, writ or direction and the power of superintendence over all courts and tribunals throughout the territories in relation to which such high court is exercising jurisdiction, the procedure for exercising such power and jurisdiction have to be traced and found .....
Tag this Judgment!Court : Supreme Court of India
..... to have been committed by the child as provided by the officers, individuals, agencies producing the child shall be reviewed by the board and the board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the act, namely: (i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears ..... that (i) there is a need for trial of the child as an adult as per the provisions of the code of criminal procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere; page 21 of 77 (ii) there is no need for trial of the child as an adult and may conduct an ..... section 14 of the act, sub-section (1) thereof provides that, when a ccl is produced before the board, after holding inquiry, it may pass order in relation to such ccl as it deems fit under section 17 and 18 of the act ..... judgments of the high courts of bombay [maharashtra state road development corpn. ..... insofar as the submission of the learned counsel for the respondent that if section 34(5) is considered as directory, the entire purpose of the amendments would be rendered otiose is concerned, in my view, there is no merit in this submission made by the page ..... , section 17 of the industrial page 51 of 77 disputes act, .....
Tag this Judgment!Court : Karnataka
..... . when the settlement with regard to a dispute between the parties is not arrived at under section 18 of the 2006 act, necessarily, the micro and small enterprises facilitation council shall take up the dispute for arbitration under section 18(3) of the 2006 act or it may refer to institution or centre to provide alternate dispute resolution services and provisions of the arbitration and conciliation act, 1996 are made applicable as if there was an agreement between the 29 parties under sub-section (1) of section 7 of the 1996 ..... per contra, the learned counsel representing the 1st respondent would vehemently refute the submissions to contend that once facilitation falls before the council, the dispute will have 1 2019 scc online sc689 to be resolved only by way of ..... therefore, to address the concerns of the entire small and medium enterprises sector, the related bill was introduced in parliament providing for a single legal framework.30 ..... in maharashtra state electricity distribution company limited (supra), delton electricals (supra) it was a matter where an award was challenged under section 34 of the arbitration act, 1996 and facilitation council had come to a conclusion that limitation act was not applicable to the provisions under the msme act ..... the 1st respondent is a small scale industry registered with the karnataka small scale industry and is engaged in the business of executing electrical ..... (emphasis supplied) i am in respectful agreement with the view taken by the bombay high court .....
Tag this Judgment!Court : Karnataka
..... . when the settlement with regard to a dispute between the parties is not arrived at under section 18 of the 2006 act, necessarily, the micro and small enterprises facilitation council shall take up the dispute for arbitration under section 18(3) of the 2006 act or it may refer to institution or centre to provide alternate dispute resolution services and provisions of the arbitration and conciliation act, 1996 are made applicable as if there was an agreement between the 29 parties under sub-section (1) of section 7 of the 1996 ..... per contra, the learned counsel representing the 1st respondent would vehemently refute the submissions to contend that once facilitation falls before the council, the dispute will have 1 2019 scc online sc689 to be resolved only by way of ..... therefore, to address the concerns of the entire small and medium enterprises sector, the related bill was introduced in parliament providing for a single legal framework.30 ..... in maharashtra state electricity distribution company limited (supra), delton electricals (supra) it was a matter where an award was challenged under section 34 of the arbitration act, 1996 and facilitation council had come to a conclusion that limitation act was not applicable to the provisions under the msme act ..... the 1st respondent is a small scale industry registered with the karnataka small scale industry and is engaged in the business of executing electrical ..... (emphasis supplied) i am in respectful agreement with the view taken by the bombay high court .....
Tag this Judgment!Court : Supreme Court of India
..... 2 (a) appropriate government means, (i) in relation to any industrial disputes concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dis- pute concerning a dock labour board established under section 5-a of the dock workers (reg- ulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation of india limited formed and registered under the companies act, 1956]. ..... ) 10 scc707 muthu karuppan, commissioner of police, chennai 15 v parithi ilamvazhuthi, (2011) 5 scc496 k d sharma v steel authority of india limited, (2008) 12 scc481 tularam manikrao hadge v sudarshan paper converting works, nagpur, 2020 scc online bom 965; bombay mothers and children s society v general labour union (red flag), 1991 scc online bom 88; deepali gundu surwase v kranti junior adhyapak mahavidyalaya (d.ed. ..... having carefully considered the facts and circumstances and submissions of the parties, the court finds that the impugned judgment as also the judgment passed by the learned single judge cannot be sustained. ..... interface between law and economics is much more relevant in today's time when the country has ushered into the era of economic liberalisation, which is also termed as globalisation of economy. ..... state of maharashtra [(2011) 1 scc694: (2011) 1 scc (cri) 514]. . .....
Tag this Judgment!Court : Supreme Court of India
..... it was urged, on behalf of the maharashtra state that the amendment to section 26 of maharashtra value added tax act, 2002 (hereafter as mvat act ) requiring a pre-deposit is not inconsistent with the amendment. ..... telangana had argued that although with effect from 1st july 2017, due to the enactment of the cgst act, its state legislature could not per se enact a new law on a subject matter contained within the original entry 54 of the state list, nevertheless, the approval of the ordinance which amended the existing state - law on 02.07.2017 had the effect of relating back to the original date when in fact it was validly amended. ..... this court is of the view that the submissions of the telangana state are not substantial. ..... it is submitted that section 84 a is neither arbitrary nor unreasonable but aims at equity and restitution by allowing the tax authorities to collect the tax from those dealers who have passed on the burden of tax on the ultimate consumer but not paid it into the government treasury thus avoiding unjust enrichment of money as held by a special larger constitution bench in mafatlal industries ltd. v. ..... in the batch of appeals arising from the judgment of the bombay high court, the parties were aggrieved by the fact that the maharashtra vat amendment act, which was initially made on 15.04.2017, was read down by a division bench judgment, of the bombay high court. .....
Tag this Judgment!Court : Supreme Court of India
..... be levied under clause (a) on the turnover in respect of "declared goods", at the point of sale to the consumer at the maximum rate for the time being specified in section 15 of the central sales tax act, 1956, or where the state government, by notification, declares any other single point or a lesser rate, at such other point or at such lesser rate; under clause (b) on the turnover in respect of such goods, other than the goods ..... triveni sheet glass limited and others, (1990) 76 stc308(full bench)=1989 scc online mp346whereunder the issue relating to entry of glass sheets had come up for consideration namely whether glass sheets falls within the ambit of the expression goods made of glass and glassware ..... in support of his submissions, he has relied upon the following judgments: (i) atul glass industries (pvt. ..... state of maharashtra (1965) 16 stc452(bombay) and cst vs bombay glasshouse (1986) 63 stc350 ..... tribunal has noticed that a dealer of glass sheet, is not required to exhibit all kinds of sheet glass including coloured one when a customer demands plain glass sheet. ..... this test acquires significance particularly when the statue does not contain any definition and by its functional character a product is so identified ..... is they who are concerned with it, and it is the sense in which they understand it that constitutes the definitive index of the legislative intention when the statute was enacted. ..... when a consumer buys an article, he buys it because it performs a specific function for .....
Tag this Judgment!Court : Supreme Court of India
..... same time, rule 8 of the judges of the family courts (recruitment and service conditions) maharashtra rules, 1990 also provides that the judge shall draw pay and allowances at par with the judges (principal judge, additional principal judge and judge respectively) of the city civil court, bombay and at other places pay and allowances as admissible to the district judge.79. ..... while the commission suggested that the arrears of pay be given during the calendar year 2020, this court after considering the submissions of the union and the state that the payment of arrears at one go may not be possible and by order dated 27.07.2022 directed that the payments be made in three ..... and state of 33 section 7 and 7a of the industrial tribunals act, 1947 respectively. ..... 44.6 the new mean pay percentage vis-a-vis the accepted salary of high court judge in relation to each cadre and grade as per p.182 of the report 44.7 the annual increment shall be @3% accepted cumulative, meaning thereby that the increment @3% has to be calculated on the previous years basic pay instead of fixed ..... the first view, which was taken by the high courts of madhya pradesh, gujarat and allahabad, is that when the increment becomes due the next day after retirement, the employee ought not to be denied the benefit of the increment for the ..... is no valid reason to depart from the principle applied by jpc that the pay of judicial officers should be higher when compared to all india service officers of the corresponding rank. .....
Tag this Judgment!Court : Supreme Court of India
..... g202 it was the submission of the respondents that the impugned circular cannot affect the rights of the auction purchasers who purchased sick/ closed industrial units under section 29 of the state financial corporation act 1951 as the ..... of electricity from the licensee; (ii) two conditions need to be fulfilled to get over the embargo on the recovery of a sum due from any consumer, after a period of two years from the date when such sum became first due, namely (a) such sum has been shown continuously as recoverable as arrears of charges for electricity supplied, and (b) the licensee shall not cut off the supply of the electricity ..... 10 maharashtra electricity supply code 2005 11 gujarat conditions of supply 12 gujarat electricity supply code 9 part c14 in assam, the assam electricity regulatory commission13 framed the assam electricity regulatory commission (electricity supply code and related matters) regulations, 2004.14 clause 3.6 dealing with the requisition of electricity supply requires a person occupying a new premises to ensure that all the outstanding electricity dues ..... . the respondent-purchaser took out a judges order94 in a civil suit before the bombay high court, seeking a clarification that it was not liable for past dues and liabilities of any kind in respect of ..... judge bench of this court was called upon to determine whether the industrial employment (standing orders) act, 1946 is a special legislation and overrides the 1948 act in regard to the age of superannuation .....
Tag this Judgment!Court : Supreme Court of India
..... which has nothing to do with such past offences, should not be penalised for the actions of the erstwhile management of the corporate debtor, unless they themselves were involved in the commission of the offence, or were related parties, promoters or other persons in management and control of the corporate debtor at the time of or any time following the commission of the offence, and could acquire the corporate debtor, notwithstanding the prohibition under ..... of maharashtra and others 41 reported in 2016 scc online bom 2611, the question that arose before the bombay high court was whether the expression suit or other proceedings mentioned in section 446(1) of the companies act, 1956 would include criminal proceedings under section 138 ni act ..... the adjudicating authority, after admission of the application under section 7 or section 9 or section 10, shall, by an order (a) declare a moratorium for the purposes referred to in section 14; (b) cause a public announcement of the initiation of corporate insolvency resolution process and call for the submission of claims under section 15; and (c) appoint an interim resolution professional in the manner as laid down in section 16. ..... . once a report has been submitted, the registrar has to take action in terms of the report and in such circumstances when the proceedings for recovery are pending against the members and the society has taken loan from the banks for its member, the actual money has to go to the ..... . in jik industries limited and .....
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