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Raghunath Gopal Manjire and anr. Vs. the Competent Authority and ors.

Court : Supreme Court of India

Reported in : AIR1972SC252; (1977)4SCC578; [1978]2SCR193; 1977(9)LC810(SC)

..... although the said two appellants had purported to file the writ petition and the writ appeal in the high court on behalf of themselves and other industrial worker tenants of the board residing in tilak nagar, chembur, bombay, and they purported to follow up the matter by filing the special leave petition in a representative capacity, the appeal was, however, argued, as it appears, due to non-compliance of some stay ..... with this act and with any rules made under this act-(a) for the management and use of buildings constructed under any housing scheme; (b) the principles to be followed in allotment of tenements and premises; (c) the remuneration and conditions of service of the housing commissioner and other officers and servants of the board under section 13; (d) for regulating its procedure and the disposal of its business.the board was also empowered ..... out by the accountant general, maharashtra, bombay, that certain industrial workers who had crossed the income ..... before us and falls for our determination is whether the board was entitled to charge enhanced rent as per the terms of the regulations, the agreement and the undertaking on the ground that on the crossing of the wage limit mentioned in regulation* 7 the tenant became liable to pay enhanced rent as soon as he crossed the maximum wage ..... state the necessary facts in relation to the two appellants-shri ..... in the year 1946 the government of india drew up a scheme for construction of houses for industrial workers and to let them .....

Greater Bombay Co-op. Bank Ltd. Vs. United Yarn Tex. Pvt. Ltd. and ors ...

Court : Supreme Court of India

Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406

..... court of judicature at bombay in which the principal question of law that arose for consideration was:do the courts and authorities constituted under the maharashtra co-operative societies act, 1960 (the 1960 act) and the multi-state co-operative societies act, 2002 (the 2002 act) continue to have jurisdiction to entertain applications/ disputes submitted before them by the co- operative banks incorporated under the 1960 act and the 2002 act for an order ..... unite for mutual benefit in the production and distribution of wealth upon principles of equity, reason and common good....he then contended that on plain reading of definitions of 'bank' [section 2(d)]; 'banking company' [section 2(e)], 'debt' [section 2(g)] and 'financial institution' [section 2(h)] of the rdb act, it becomes clear that the act is concerned with debts of corporate banks and financial institutions which were constituted under list i, entry 43 and the concept of 'banking' under ..... section 18 bars the jurisdiction of a civil court in relation to the matters specified in section 17.chapter iv prescribes procedure, powers and jurisdiction of the tribunals and appellate tribunals and application of the provisions of the limitation act ..... therefore, with reference to industrial disputes between employers and workmen, the industrial disputes act is a special statute and the life insurance corporation act (31 of 1956) does ..... in those matters which were listed on the board on the day when the matters were heard ..... board .....

Shrirampur Municipal Council Vs. Shri V.K. Barde and ors.

Court : Mumbai Aurangabad

..... 6 of 1984 with prayer to quash relief granted in relation to demand 1,2 & 4.the reference was made by state of maharashtra under s.12(5) of the industrial disputes act,1947 ie ida hereafter. ..... petitioner before this court in both the matters is a local body constituted under the maharashtra municipal councils, nagar panchayats & industrial townships act, 1965 ( hereinafter referred to as 1965 act) while the trade union of its workmen are the respondents ..... both the matters were then placed before the division bench and on 13/9/2010, the division bench after noting the submission of respective counsel for parties ordered that as per chapter xvii rule 18 clause 9 of the bombay high court appellate side rules,1960 matters needed to be heard by the single judge of this court ..... . this discussion on demand 4 in reference proceedings has also got bearing on interim order passed by industrial court directing petitioner municipal council to pay wages at 1/26th of the monthly salary of a permanent workman to members of respondent union in wp 1017 of 1995 by following the principle of equal pay for equal ..... umadevi (3)1 cannot be held to have overridden the powers of the industrial and labour courts in passing appropriate order under section 30 of the mrtu and pulp act, once unfair labour practice on the part of the employer under item 6 of schedule iv is established ..... according to them, law does not envisage any procedure for recruitment to class iv or grade iv posts in municipal establishment .....

Jer Rutton Kavasmanek and anr. Vs. Gharda Chemicals Ltd. and ors.

Court : Mumbai

..... section 9 of the companies act is concerned, it contemplates that provisions of the act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of association or in any agreement executed by it or in any resolution passed by the company in general meeting or by its board of directors, whether the same be registered, executed or passed as the case may be, before or announcement of the act ..... become a public company and thereupon all the provisions of this section shall apply thereto; provided that even after the private company has so become a public company, its articles of association may include provisions relating to the matters specified in clause (iii) of sub-section (1) of section 3 and the number of its members may be, or ..... if the transfer of shares or debentures is in contravention of any of the provisions of the securities and exchange board of india act, 1992 (15 of 1992), or regulations made thereunder of the sick industrial companies (special provisions) act, 1985 (1 of 1986), or any other law for the time being in force, within two months from the ..... j) could be said to be a judgement in rem and or whether the civil procedure code and particularly order xxiii of the same applies to the present proceedings or not ..... , since the decision in the case of western maharashtra development corporation (supra) of the learned single judge ..... honb'le bombay high court, inter alia, directed the parties to file replies if any on or before 25th .....

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

Court : Kolkata

..... act neither receives wrath of article 13(2), nor does section 69-a become ultra vires of article 300-apara 58 at page 632it is next contended that the act and the related provisions provided different modes of compensation that the one provided in sub-section (4) of section 69-a of the code and that, therefore, it is discriminatory, violating article 14 and unfair procedure ..... , or to any provision of an existing law with respect to one of the matters enumerated in the concurrent list, the, subject to the provisions of clause (2), the law made by parliament, whether passed before or after the law made by the legislature of such state, or , as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the ..... as wbidc) after acquisition for facilitating of setting up of small car project by tata motors limited (hereinafter referred to as tml) and factories or industries ancillary thereto for socio-economic development and generation of employment and immediately after such transfer, the wbidc without charging any premium has granted a lease of 647 acres ..... , 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 ..... decision of munshi singh case (supra) and mp housing board case is still good law and has not been diluted ..... maharashtra reported .....

Digamber and ors. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

..... feeling aggrieved by the said award the appellants herein sought for reference to the reference court by filing claim petition under section 34 of the maharashtra industrial development act, 1961 for enhancement of compensation by re-determining the market value. ..... , the relevant extracted portion is reproduced below: judicial note can be taken of the fact that the industrial growth in and around bombay has started with rapid stride from the year 1965 onwards. ..... acquisition of the land is for commercial purpose should be the relevant criteria for determining the market value by both the land acquisition officer and reference court placing reliance upon the sale instances even in relation to small plots of land, though it is shown from the records that the acquired land on the date of notification is an agricultural land. ..... 20-21 which are the sale deeds of the plots covered in the same area that were prior to the notification that is before 14.06.1990 which sale instances were very well considered by the reference court for comparison and the finding of fact was recorded that the said instances are comparable to the acquired land to that of the ..... this appeal is directed against the judgment and order dated 05.10.2005 passed by the high court of judicature of bombay, bench at aurangabad passed in first appeal no.646 of 1998 whereby the high court set aside the judgment and award dated 02.05.1998 of the learned civil judge, senior division, nanded passed in land acquisition reference .....

Oswal Agro Mills Ltd. Vs. Hindustan Petroleum Corp. Ltd. and ors.

Court : Supreme Court of India

..... the petitioners, police department, ministry of petroleum, ministry of environment and intelligence bureau report referred by hpcl and also security control regulations issued by state of maharashtra, issued under section 37 (1aa) of the maharashtra regional and town planning act, 1996 and after hearing the parties concerned, pass the fresh order after considering the views expressed by us and in accordance with law within a period of ..... not out of place to mention at this stage that before independence when baroda state was in existence, its ruler sayajirao gaekwad, who was a great visionary, never permitted any industries within the city limits as, according to him, if the industrial activities are permitted near the residential area, it is bound ..... hpcl officers was situated on north-east side of the appellant s plot, residential quarters of maharashtra state electricity board were abutting the plot and a number of slum rehabilitation schemes were in place around the disputed ..... dated 12.4.2012 by which the division bench of the bombay high court allowed the writ petition filed by respondent ..... besides, the conversion from special industrial zone (i-3 zone) to local commercial zone (c-1) under regulation 57 (4) (c) of the dcr1991required a certain procedure to be followed which had not been followed, and ..... when the question relates to the town planning, those who are in the charge of town planning should see to it that after 50 or 60 years, the future generations may not curse those who .....

M/S. Vidarbha Winding Wires Ltd. and Others Vs. State of Maharashtra, ...

Court : Mumbai Nagpur

..... received by such unit, - (a) being a small scale industrial unit governed by the 1979 package scheme of incentives as calculated from the 1st of october, 1995 exceeds" the approved gross fixed capital investment of such unit at the time of grant of the eligibility certificate , or (b) not being an unit referred to in entry (a) above, exceeds at any time, whether before or after, the date of commencement of maharashtra tax laws (levy, amendment and validation) act, 1995, the monetary ceiling as provided in the ..... small scale units (ssi) have filed these writ petitions for quashing and setting aside the amendment made to section 41c of the bombay sales tax act, 1959 (hereinafter referred to as the act), on the ground that it is ultra-vires the articles 14 and 19(1)(g) of the constitution of india. ..... suffice it to say that the appellant has been denied power supply by the board in appropriate time, which has prevented the appellant from starting the commercial production by 31-12-1996. ..... the scheme seen in clause 5.10 of original scheme in relation to medium/large scale units has been extended to the small scale units like petitioners as per resolution dated 5.7.1982 after expiry of period of 6 months therefrom ie after 6 months notice in terms of clause 1.2 of the original scheme. ..... this procedure or control is definitely a new measure. .....

Shobha Dipak Behde Vs. Umakant Reva Fegade and Others

Court : Mumbai Aurangabad

..... not the requirement of any of the provisions either under the mlamd act or for that matter under the proviso to section 63 (2b) of the maharashtra municipal councils, nagar panchayats and industrial townships act that formation of aghadi shall be with reference to the same. ..... decision referred to hereinafter and the observations therein in paragraph 14 it being held that the proviso would override the mlamd act may be under the bombay provincial municipal corporation act, the amendment to municipal councils act being same and similar and as such these observations would equally hold field and apply to the present case. 48. mr ..... to consider that this court has held that provisions of rule 7 (2) are directory in nature and non compliance of section 7 cannot lead to automatic dismissal of the reference in order to emphasise that even if it is considered that there is some irregularity in procedure while deciding, it would not be necessary to send the same back for said purpose, for those are only as directory as has been held by the ..... the municipal councils act creates access for formation of an aghadi within a month from the date of notification of the election results, the provisions of the mlamd act would apply to members of such aghadi or front as if it is a pre-poll aghadi or front whereunder the members of such aghadi or front would be considered to be a member of such aghadi before the date of ..... paragraph 35, therein which is a case relating to a shiv sena candidate joining after .....

M/s. Hindustan Lever Ltd. Vs. Presiding Officer, Industrial Tribunal, ...

Court : Allahabad

..... under this act and have come into operation under this act in respect of any industrial establishment before the date of the coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957; (2) notwithstanding anything contained in the proviso to sub-section (1) model standing orders made in respect of additional matters included in the schedule after the coming into force of the act referred to in that proviso (being additional matters relating to ..... of the appropriate government in exercise of the rule making power under section 15(2)(b), the procedure for an amendment of the certified standing orders must be followed and it is only thereafter in the exercise of the powers conferred by section 10 (2) of the act that the certified standing orders can be duly modified in accordance with ..... " it was in the context of the provisions of section 2-a as applicable to the state of maharashtra that the bombay high court in its full bench decision preferred the view of this court in artificial limbs ..... of such suspension be paid a subsistence allowance at the following rates: a) an amount equal to 50% of the wages which he was drawing immediately before suspension for the first ninety days reckoned from the date of such suspension. ..... industrial employment (standing orders) act, 1946 in order to appreciate the issue which has been referred to the full bench, a reference would be necessary to the provisions of the industrial employment (standing orders) act, 1946 .....