Court : Mumbai
Reported in : (1969)71BOMLR856
..... has in its appeal before the maharashtra revenue tribunal inter alia contended that the following lands are outside the purview of the land ceiling act and should have therefore been declared-(a) industrial area admeasuring 38s acres from block 'c' of village harigaon; and(b) certain lands admeasuring 801 acres from blocks 'a' , 'b' and 'c' of village ..... were not put to non-agricultural use, whereas in the letter of february 11, 1966, when the government wrote to the petitioner that the lands in question would not be notified under section 47(1)(k) of the act, it stated that clause 5(&) of the agreement dated may 10, 1965, was inserted on the assumption that non-agricultural assessment was levied on those lands and that on inquiry it ..... contract as required by the statute, the government may be bound by a representation made by it.in that case, after' referring to the municipal corporation of 'the city of bombay's case, bamsden's case and other cases decided by the privy council the supreme court of india and indian high courts, the judgment observed as under:under our jurisprudence the ..... , made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise or assurance cannot afterwards be allowed to revert to their previous legal relations as if no such promise or assurance had been made by him, but he must accept .....
Tag this Judgment!Court : Mumbai
Reported in : (1988)ILLJ281Bom
..... act related to and dealt with incorporation, regulation and winding-up of companies, whereas the industrial disputes act dealt with investigation and settlement of industrial disputes and the companies act was therefore a self-contained code not subject to the provisions of any other act or law, (h) the provisions of part vii of the companies act applied even to a government company as defined under the provisions of section 617 of the companies act, (i) once grounds as set out in section 433(a) to (c) of the companies act ..... concessional passes to the students as a social welfare measure.there after for the year ending 31st march 1983, the board of directors in its reports to the share-holders, over and above the grounds, given above, gave three further ..... maharashtra with the avowed object of relieving the congestion in the city of bombay and developing its suburbs and out-skirts, established a company by the name of city and industrial development corporation of maharashtra ..... aspect has already been considered and decided upon by the industrial court and the division bench of our high court; (c) that the losses for all these years were due to causes extraneous to business considerations; (d) that no material or facts had been placed before the court to show why the business could not be ..... section 445(3), which is merely a procedural ..... to realise an adequate sum necessary to pay whatever is due to its workmen by way of gratuity, retrenchment compensation and outstanding wages, if any. .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR668
..... it is further stated that it has been brought to the notice of the government that the concessions are being misused and there is mushroom growth of oil mills and, therefore, the government had to decide the procedure to be adopted in ensuring that only genuine oil mills are brought within the purview of the package scheme of 1979 and the interest of the existing oil millers should be adequately protected against the mushroom growth of ..... this letter is addressed to the industries commissioner, bombay and to the managing directors of the development corporations in the state of maharashtra including the marathwada development corporation, aurangabad. ..... the language of the scheme is very clear and it is stated that several benefits available and incentives are given under the said scheme and the petitioner, if he chooses to file both the exacts, that is, extract relating to dal mill as also the oil mill was justified in doing so, because there are certain exemption in addition to the sales tax to dal mill owners also. ..... the case of the privy council is an authority for the proposition that statutory duty must be preferred, as in that case, under section 51 of the income-tax act, 1918, the chief revenue authority was under a duty to state a case before the high court. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4321; 2010(1)MhLj818
..... relation to an industry to which the bombay act for the time being applies, means an employee as defined in clause (13) of section 3 of the bombay act, and in any other case, means a workman as defined in clause (s) of section 2 of the central act and a sales promotion employee as defined in clause (d) of section 2 of the sales promotion employees (conditions of service) act, 1976.as per section 2(s) of the industrial disputes act, 1947, 'workman' is defined to mean:any person (including an apprentice) employed in any industry ..... and privileges of permanent employees as provided in item 6 of schedule iv and the power of industrial and labour courts under section 30 of the act did not fall for adjudication or consideration before the constitution bench.however, the apex court has made it clear at the beginning of paragraph 27 ..... maharashtra civil services (general conditions of service rules, 1981; and(ii) the maharashtra civil services (pay) rules, 1981; and(iii) the maharashtra civil services (joining time, foreign services and payments during suspension, dismissal and removal) rules, 1981 and;(iv) the maharashtra civil services (leave) rules 1981; and(v) the maharashtra civil services (pension) rules, 1984; and(vi) the maharashtra ..... therefore, section 13b of the industrial employment (standing orders) act, 1946 is not ..... or employees with or without back wages on the payment of reasonable compensation), as may in the opinion of the court be necessary to effectuate policy of the ..... board .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)MhLj881
..... maharashtra housing and area development act, 1976 (mah xxvii of 1976) or(b) appoint any development authority declared under sub-section (3-a) of section 113, or(c) appoint the bombay metropolitan region development authority established under the bombay metropolitan region development authority act ..... act shall subject to the provisions of this section and section 41 apply mutatis mutandis to the special planning authority as they apply in relation to a development authority as if the notified area were a new town subject to the following modification namely -- (a) in section 113 : (i) in sub-section (6) after the words 'regional board' the words and figure 'with the modification that section shall not apply in relation to notified area' shall be added;(ii) to sub-section ..... following the procedure contemplated under section 115 as amended and incorporated in section 40(3)(d) of the mrtp act, 1966 is concerned, the provisions of the said section 115 ..... section any area where chapter vi of the maharashtra industrial development act, 1961 (hereinafter in this section referred to as the said act, applies shall be deemed to be the notified area' and the maharashtra development corporation established under section 3 of the said act shall be the special planning authority in respect of such notified area and shall be deemed to have been appointed as such under this section for the purposes of this act ..... of the land as prevailing many years before the extinction of interest without the benefit .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)BomCR838
..... activities at pune after lapse of 10 years from the closure of the unit at bombay and that retrenchment compensation had already been paid to the workmen and unclaimed wages were deposited with the maharashtra labour welfare board and therefore, there was not relationship of employer and employees as envisaged under section 3(5) of the said act. ..... my view, therefore, ratio of this judgment will not apply to the facts of the present case, particularly when it is an admitted position that the petitioner company, though, had closed its industrial unit in bombay, same company admittedly had started its manufacturing activities at different place at pune and legal entity which existed then at the time of closure continues to be in existence when the manufacturing activity was ..... is transferred, whether by agreement or by operation of law, from the employer in relation to or that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25-f, as if the workman had been retrenched:provided that nothing in this section shall apply to a workman in any case where there has been a change ..... it is not disputed, therefore, that relevant procedure has been followed by the petitioner in respect of closure of its undertakings in the year 1982 and said question has gained finality after slp, which was filed by .....
Tag this Judgment!Court : Karnataka
Reported in : [1994(68)FLR347]; ILR1993KAR3237; 1994(1)KarLJ174; (1995)ILLJ120Kant
..... the right to enforce, which, the writ is claimed; (iv) it does not interfere on the merits with the determination of the issues made by the authority invested with statutory power, particularly when they relate to matters calling for expertise, unless there are exceptional; circumstances calling for judicial intervention, such as, where the determination is mala fide or is prompted by extraneous considerations or is made in contravention of the ..... would submit that thought the conclusion of the respondent that the petitioner is a branch of amelnar unit in maharashtra is contrary to findings, the order that the petitioner is not entitled for infancy protection under section 16(1)(d) of the act is on the basis that the petitioner is the continuation of m/s margarine & refined oil co. ..... courts by the large, lay down the proposition of law that an individual or a company can own more than one industrial units, each of which can be independent, that clubbing of unit is not permissible it one can survive without the assistance ..... employ all the 168 workers at present working in the said factory whose names and other particulars are mentioned in schedule 4 annexed hereto on the wages specified therein with effect from the date on which the possession of the said factory is handed over to the purchaser. ..... several tests were referred to in the course of arguments before us, such as, geographical proximity, unity of ownership, management and control, unity of ..... headquarters at bombay, has started .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2045; (1986)88BOMLR260; 1986CriLJ1922; 1986(1)SCALE745; (1986)2SCC716; [1986]2SCR621
..... framed 21 charges in respect of six transactions relating to cement and one relating to industrial alcohol for offences under sections 161 and 165, ipc and section 5(2) read with section 5(l)(d) of the act. ..... : .when cognizance is taken on a private complaint or to be precise, otherwise than on a police report, the special judge has to try the case according to the procedure prescribed for trial of warrant cases instituted otherwise than on police report by a magistrate (sections 252 to 258 of 1898 crpc) section 252 requires that when accused is brought before a court, the court shall proceed to hear the complainant and take all such evidence as may be produced in support of the prosecution. ..... the igpp between the date of its formation and 31.3.81 had been able to secure a very small amount compared to the target and bulk of that small amount had come from the government of maharashtra; (iii) considering the pomp and publicity with which igpp had been brought into existence, the financial position appeared to be ridiculous for want of sufficient funds. ..... what is stated in the minutes of the meeting is as follows: the managing director reported to the board that over 600 employees working in grades i to v in the taj mahal and taj mahal intercontinental hotels, bombay, and who hail from the konkan region, had approached the managing director to contribute amounts to certain public charitable trusts recently established for the purpose of undertaking programmes of rural development in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1788; 1967MhLJ1(SC); [1966]3SCR885
..... as such, immediately before the commencement of the commissioners act, under the provisions of - (i) section 5 of the bombay land revenue code, 1879, or that section of the code in its application to the kutch area of the state of bombay, (ii) section 5 of the said code in its application to the saurashtra area of the state of bombay and read with the ..... maharashtra, the second the commissioner, bombay division, the third the special land acquisition officer and the fourth the maharashtra industrial development corporation, established by notification under the maharashtra industrial development act, ..... the central government may by notified order direct that the power to make orders under section 3 shall in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by - (a) such officer or authority subordinate to the central government, or (b) such state ..... judicial functions of courts under the civil procedure code and criminal procedure code to be conferred on the commissioners. ..... for 'board of revenue' in certain acts in force in areas which came to the re-organised state of bombay from ..... 4 of the essential supplies (temporary powers) act, 1946, left it to the central government to decide three things; (1) the matters which can be delegated to the officers or authorities ..... . 27 of the minimum wages act did not give any power to the appropriate government to delete any entry from the schedule; it merely gave power to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... - placed upon the governments of andhra pradesh, maharashtra, karnataka and tamil nadu by their respective legislatures - to wit, section 7 of andhra pradesh act 5 of 1983, section 4 of maharashtra act 6 of 1988, section 5 of karnataka act of 1984 and section 4 of tamil nadu act 57 of 1992. ..... of the right conferred by the said clause and, in articular, nothing in the said sub-clause shall affect the operation of any existing law in so as it relates to or prevents the state from making any law relating to:(i) the professional or technical qualifications necessary for c any profession or on any occupation, trade or business, or(ii) carrying on by the state, or by a corporation owned ..... article 226 of the constitution with that of the english courts to issue prerogative writs is to introduce the unnecessary procedural 'restrictions grown over the years in a comparatively small country like england with a unitary form of government into a ..... high court that in the absence of a specification by the state government, the position would be as it was before the 1978 amendment, that is, the board was to carry on its affairs and adjust the tariffs in such a manner as not to incur a loss and ..... state for trade and of the secretary of state for trade and industry to limit legislation in the field of takeovers and mergers and to ..... jain, a large number of students filled a write petition in the high court of bombay (aurangabad bench) claiming refund of the fee collected dm them in excess of the fee .....
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