Court : Supreme Court of India
..... before the code of civil procedure (amendment) act, 1976, section 141 of the code of civil procedure, 1908 ..... 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 in articles 226 and 227 itself. ..... 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. ..... 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. ..... dahanu division; group development officer, talsari; gram panchayat vadavli-bhavane and talathi saja, vadavli requesting them to display the public notice on their office notice boards and to provide a publicity report regarding the public advertisement of the immovable and movable properties of the respondent no.1 proposed to be auctioned on 03.12.2008. ..... thereafter, the appellant put up a huge industrial unit for the purpose of manufacturing oxygen .....
Tag this Judgment!Court : Karnataka
..... the proceeding was completed before the commencement of the proceedings under section 22(1) of the sick industrial companies (special provisions) act, 1985, it can continue, may not apply to the facts of this case since the proceedings before the trial court is ..... , there is a change in the management and control of the corporate debtor, to a person, who is not a promoter, or in the management and control of the corporate debtor, or a related party of the corporate debtor, or the person who acquires control or management of the corporate debtor, has neither abetted nor conspired in the commission of the offence, then, the prosecution, if it ..... section 171 of indian companies act, 1913, predecessor of section 446(1) of the companies act, 1956, held that; section 171 of indian companies act, 1913, was intended to safeguard the company's assets against wasteful and expensive litigation with regard to the matters which are capable of determination more expeditiously and more cheaply in the winding up and that the provision is not meant to override section 145 of the criminal procedure ..... circle i (8), bombay, (1972) 1 scc438: air1972sc878 the supreme court, while considering the provisions of section 446 of the companies act, vis-a-vis, the provisions of section 147 of the income tax act pertaining to initiation of reassessment proceedings against a company under liquidation, held that, obtaining of leave from liquidating court under section 446 of the companies act is not a ..... maharashtra .....
Tag this Judgment!Court : Supreme Court of India
..... - (1) on production of the child before the board, the report containing the social background of the child, circumstances of apprehending the child and offence alleged 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 ..... the aforesaid judgment has been followed by recent judgments of the high courts of bombay [maharashtra state road development corpn. ..... (1) after the receipt of preliminary assessment from the board under section 15, the children s court may decide 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 ..... workmen, air1968sc224, section 17 of the industrial page 51 of 77 disputes act, 1947 came up for consideration. .....
Tag this Judgment!Court : Supreme Court of India
..... analysis39 before adverting to the rival submissions canvassed on either side, we would like to briefly discuss the proceedings in respect of the defendant company before the board for industrial and financial reconstruction ( bifr ) in terms of section 15 of the 1985 act. i. ..... 1951, with the initial exception of the scheduled industry relating to ships and other vessels drawn by power, which may however be brought within the ambit of the legislation in due course: civil appeal nos. ..... corromandal pharmaceuticals and others reported in (1997) 10 scc649 this court, while answering the issue in the negative, distinguished the facts before it from the decisions in gram panchayat (supra) and maharashtra tubes (supra) and held thus: 13. ..... shree vallabh glass works limited and others reported in (1990) 2 scc440 in the said case, while deciding an appeal against the decision of the bombay high court quashing recovery proceedings towards property taxes and other amounts due under the provisions of the bombay village panchayat act, 1959 against the respondent company therein, which had been declared to be a sick company under the act, the bench held: civil appeal nos. ..... it has been the experience that the existing institutional arrangements and procedures for revival and rehabilitation of potentially viable sick industrial companies are both inadequate and time-consuming. .....
Tag this Judgment!Court : Karnataka
..... , the ground raised by plaintiff for opposing the proceedings before the arbitral tribunal to be constituted under section 18 of the msme act, those are matters which can be raised before the arbitral tribunal, as held by the hon'ble supreme court in secure industries limited (supra). ..... with the words notwithstanding anything contained in any other law for the time being in force , 2 2019 scc online bom.340 14 and therefore, for disputes contemplated under section 18 of the msme act, if the jurisdiction of the facilitation council had been validly invoked, the facilitation council had exclusive jurisdiction to first enter upon conciliation and if conciliation fails, to refer the parties to arbitration.34. thus ..... 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 ..... 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 ..... section (2) deals with the procedure to be followed on receipt of a reference under sub- ..... deals with establishment of a national board for micro, small and medium ..... i am in respectful agreement with the view taken by the bombay high court ..... the high court of bombay holds as follows: ..... high court of bombay in shah & .....
Tag this Judgment!Court : Karnataka
..... , the ground raised by plaintiff for opposing the proceedings before the arbitral tribunal to be constituted under section 18 of the msme act, those are matters which can be raised before the arbitral tribunal, as held by the hon'ble supreme court in secure industries limited (supra). ..... with the words notwithstanding anything contained in any other law for the time being in force , 2 2019 scc online bom.340 14 and therefore, for disputes contemplated under section 18 of the msme act, if the jurisdiction of the facilitation council had been validly invoked, the facilitation council had exclusive jurisdiction to first enter upon conciliation and if conciliation fails, to refer the parties to arbitration.34. thus ..... 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 ..... 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 ..... section (2) deals with the procedure to be followed on receipt of a reference under sub- ..... deals with establishment of a national board for micro, small and medium ..... i am in respectful agreement with the view taken by the bombay high court ..... the high court of bombay holds as follows: ..... high court of bombay in shah & .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... under section 2(s), id act and ..... before ..... the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 ..... act in relation to an industrial ..... bombay mothers and children s society v general labour union (red flag), 1991 scc ..... section 25-f of the act ..... section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3-a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under section 5-a and section 5-b, respectively, of the em- ployees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the life insur- ance corporation of india established under section 3 of the life insurance corporation act ..... before the labour court do not require strict compliance of rules of evidence, code of civil procedure, 1908 and code of criminal procedure ..... maharashtra .....
Tag this Judgment!Court : Supreme Court of India
..... section 20 authorized the president to, by order, make provisions, including modification and adoption of any provision of the constitution as amended by the amendment act in case of any defect, including defect in relation to transition from the provisions of the state as they stood immediately before the commencement of the amendment act, for a period of three years.22. ..... 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. ..... in the special category carved out is proviso to article 368, not only the special procedure to be resorted to but also super added to it is the requirement of amendment having to secure the ratification and the proviso of one half of the state legislature by the resolutions. ..... 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. ..... however, it has been held by this court, in kerala state electricity board v. .....
Tag this Judgment!Court : Supreme Court of India
..... since the tenant did not voluntarily relinquish his possession in response to the notice, the landlord initiated proceedings1 for 1 tenancy case no.2/1977 3 resumption of tenanted lands before the court of tenancy awal karkun, rahuri (hereinafter referred to as original authority ) under section 29 read with section 43a(1)(b) of the bombay tenancy and agricultural lands act, 19482. ..... undertaking (other than a co-operative society) which in the opinion of the state government bona fide carried on any industrial or commercial operations and which is approved by the state government; (b) leases of land granted to any bodies or persons other than those mentioned in clause (a) for the cultivation of sugarcane or the growing of fruits or flowers or for the breeding of ..... the preamble in the code suggests that the object of the enactment was to unify and amend the law relating to land and land revenue in the 21 state of maharashtra. ..... (6) xxx (7) xxx section 43a - some of the provisions not to apply to leases of land obtained by industrial or commercial undertakings, certain co-operative societies or for cultivations of sugar- cane or fruits or flowers 18 (1) the provisions of sections 4b, 8, 9, 9a, 9b, 9c, 10, 10a, 14, 16, 17, 17a, 17b, 18, 27, 31 to 31d (both inclusive), 32 to 32r, (both inclusive) [33a, 33b, 33c]. .....
Tag this Judgment!Court : Supreme Court of India
..... (3) where the state government has declared any point or rate at which the tax payable by a dealer under the act be levied under clause (b), clause (c), clause (c-1), clause (d) or clause (e) of sub-section (1) as existed immediately before the 13 commencement of the uttar pradesh trade tax (second amendment) act, 2000 and such declaration in force on such commencement, such rate or point of tax shall continue to be in force after such commencement, until modified or rescinded ..... 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 ..... state of maharashtra (1965) 16 stc452(bombay) and cst vs bombay glasshouse (1986) 63 stc350 ..... doing so, it quoted a passage from the order of the board wherein it was held by the board that glass sheet, is glass simplicitor. ..... 1968 scc online all 380: (1970) 25 stc1009 (xiii) jalal plastic industries and ors. ..... indo international industries vs commissioner of sales ..... was also the view expressed in geep flashlight industries ltd. v. ..... court in atul glass industries pvt. ..... the matter of geep flashlight industries ltd. vs. ..... ) 3 scc1278 (iii) geep flashlight industries ltd. ..... support of his submissions, he has relied upon the following judgments: (i) atul glass industries (pvt. ..... the same effect is the decision of this court in indo international industries v. .....
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