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Shankarrao Maruti Nagane Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1970)72BOMLR77

..... of sub-section (i) of section 42, clauses (ai), (i), (ii) and (iii) of sub-section (2) of section 46 and section 98 of the bombay industrial relations act, 1946 (bom xi of 1947) and of chapter va of the industrial disputes act 1947 (xiv of 1947) shall not apply and the said relief undertaking shall be exempt from the aforesaid provisions of the bombay industrial relations act and from the provisions of chapter va of the industrial disputes act.by order and in the name of the governor of maharashtra.6. ..... by the relevant notifications issued by the government under section 4 of the relief undertakings act, the government directed that during the period for which these mills were to be run as a relief undertaking the provisions of chapter va of the industrial disputes act, 1947 and of sub-section (1) of section 42, clauses (ai), (i), (u) and (in) of sub-section (2) of section 46 and section 98 of the bombay industrial relations act, 1946 shall not apply in relation to the said mills ..... while this agreement was subsisting, the government issued a notification on september 23, 1965, purporting to do so under sections 3 and 4 of the relief undertakings act by which the provisions of sub-section (1) of section 42 and clauses (ai), (i), (ii) and (hi) of sub-section (2) and sub-sections (2), (3) and (5) of section 46 of the bombay industrial relations act so far as they related to change in the terms of the award or, as the case may be, the agreement applicable to the said relief .....

The Maharashtra Co-operative Housing Finance Society Ltd. Vs. V.S. Lon ...

Court : Mumbai

Reported in : (1984)86BOMLR321

..... ultimately the registrar of co-operative societies by his order dated april 5, 1982 held that the dispute relating to the dismissal of the respondent from the service of the petitioner-society was a dispute within the meaning, of section 91(1) of the maharashtra co-operative societies act, hereinafter referred to as 'the co-operative societies act', and directed that it should' be referred to the co-operative court no. ..... this was done because gujarat state co-operative land development bank was covered by the bombay industrial relations act, 1946 prevailing in the state of gujarat. ..... the first petitioner is the maharashtra co-operative housing finance society having its registered office in bombay and business in other parts of maharashtra. ..... here, as we have already mentioned earlier in this judgment, an employee of a co-operative bank who was otherwise covered by the bombay industrial relations act, had been removed from the service by the bank. ..... if, therefore, the forum under the co-operative societies act was not available to the employee in that case the proper remedy was to file an application in the labour court under the bombay industrial relations act.10. ..... the bank resisted the claim of the employee by contending that the bombay industrial relations' act was not applicable to it because the bank was governed by the gujarat co-operative societies act. ..... it was thus essentially an industrial dispute which on the facts in that case was covered by the bombay industrial relations act. .....

Maharashtra State Warehousing Corporation Ltd. Vs. Bhujang Krishnaji K ...

Court : Mumbai

Reported in : 1999(2)ALLMR171; (1999)101BOMLR83

..... however, it is stated that the industrial court upheld the objection raised by the present applicant that the application under the provisions of the bombay industrial relations act, 1946 is not maintainable, as the said court had no jurisdiction. ..... 2 of the written statement, wherein, it has been stated that the orders of suspension and reversion were passed on 17.7.1980 and 4.2.1981 and for reinstatement and quashing the said orders, the proceedings under the bombay industrial relations act, 1946 were initiated by the plaintiff/non-applicant. ..... thus where one party asserts that the place in dispute is a hindu temple while the other party asserts that it is a mosque and grave-yard and the question as to applicability of section 23 of the limitation act (1908) is involved which could be decided only after examining the evidence adduced by both parties, the same cannot be tried as preliminary issue.17. ..... it is required to be mentioned that legality and validity of initial orders of suspension and reversion, which were challenged by filing a proceeding under the bombay industrial relations act, as per the contentions raised in the written statement, seem to have not been adjudicated, as the said proceeding was not tenable. ..... the learned counsel, therefore, tried to persuade me and submit that even the issues of fact or mixed question of fact and law can be decided as preliminary issues in order to save the public time and money by shortly disposing of the matter on preliminary issues. .....

Mohammad Hifzur Rehman and Others Vs. Maharashtra State Handloom Corpo ...

Court : Mumbai Nagpur

..... of change was given as required by the section 42 of the bombay industrial relations act, 1946.? 16. ..... while issuing the retrenchment notices dated 31st may, 1995, as well as other notices issued between 31st march, 1995, to 31st may, 1995, did not comply with either of the two requirements of section 25-n, namely, giving three months notice to the workman in writing or paying them three months wages in lieu thereof and taking of prior permission from the appropriate government, the retrenchment of the respondent-workmen by ..... separate complaints were filed by all these employees under section 28 read with item i of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, which were allowed by the labour court, nagpur, by its separate judgments and orders, granting a declaration that the termination of all these complainants amounts to such unfair labour practice and ..... all these petitions pertains to the retrenchment of 30 employees working in the maharashtra state handlooms corporation on account of they being rendered surplus in the establishment ..... the overall upliftment of weavers in the state of maharashtra in the year 1970. ..... from the pleadings and the findings recorded by the courts below is as under : the employer-maharashtra state handlooms ltd. ..... maharashtra scooters ..... para 8; maharashtra state road transport ..... maharashtra ..... maharashtra ..... strength of more than 600 employees working all over the state of maharashtra. 7. .....

Meghraj and ors. Vs. Mst. Bayabai and ors.

Court : Supreme Court of India

Reported in : AIR1970SC161; 1969MhLJ776(SC); (1969)2SCC274; [1970]1SCR523

..... connection was placed upon the madhya pradesh money lenders act 13 of 1934. ..... unless the mortgagees were informed that the mortgagors had deposited the amount only towards the principal and not towards the interest, and the mortgagees agreed to withdraw the money from the court accepting the conditional deposit, the normal rule that the amounts deposited in court should first be applied towards satisfaction of the interest and costs and thereafter towards ..... this direction, counsel for the appellants contended that the high court by order dated march 31, 1947, restored for the period after november 10, 1946, the rate of interest as originally awarded by the court of first instance. ..... ultimately by the order passed by the high court of bombay the custodian of evacuee property was joined as a party ..... whether or not the custodian of evacuee property is entitled to the money or that the evacuees have a subsisting interest is a matter which cannot be decided ..... section 9 of that act provides :notwithstanding anything contained in any other enactment for the time being in force, no court original or appellate shall decree, in respect of any loan made before this act comes into force, on account of arrears of interest, a sum greater than the principal of such loan.the section prohibits the courts from awarding interest exceeding the principal ..... , relying upon the order modifying the rate of interest, that from november 11, 1946 the mortgagees were entitled only to interest at the rate of 3%. .....

Hindustan Hosiery Industries Vs. F.H. Lala and anr.

Court : Supreme Court of India

Reported in : AIR1974SC526; [1974(28)FLR213]; (1974)ILLJ340SC; (1974)4SCC316; [1974]3SCR302; 1974(1)SLJ258(SC)

..... there was a reference by the mill mazdoor sabha, bombay (briefly the sabha) under section 73a of the bombay industrial relations act, 1946, in pursuance of a notice of change dated 22nd august, 1968. ..... this appeal by special leave is directed against an award of the industrial court, maharashtra (hereinafter referred to for brevity as the tribunal) of 29th january, 1970. ..... dated 10th april, 1967, published in the maharashtra gazette of 11th may, 1967. ..... it is registered with the maharashtra state directorate of industries as a small scale industry. ..... the present wages of both the piece-rated and time-rated workers are excessively low and are much lower than those considered to be the absolute minimum payable by any employer to his workers in the bombay region. ..... 'industrial disputes act. ..... the industry with which we are concerned is however, not a scheduled industry in which the state government has fixed any minimum wage under the minimum wages act. .....

Roche Products (India) Pvt Ltd. and Others Vs. Drugs Controller Genera ...

Court : Delhi

..... bench held in the context of section 20 of bombay sales-tax act, 1946 that: "it would thus be seen that the appropriate authorities have been given power in express terms to examine the returns submitted by the dealers and to deal with the questions as to, whether the transactions entered into by the dealers are liable to be assessed under the relevant provisions of the act or not. ..... it is settled law that jurisdiction of the company law board under the companies act in relation to section 397 of the said act is a concurrent jurisdiction which may be exercised by civil courts where allegations pertaining to oppression and mismanagement partake the character of a civil ..... would rather say that the jurisdiction of the central government under sections 20 and 22 of the act and the jurisdiction of the civil court operate in two different ..... it is stated that rule 122 dc as amended (the drug rules) and section 37 of the act as amended provide for a remedy to any person aggrieved by an order of the ..... 2 to 4 by filing two appeals under order 43 read with section 151 cpc and section 10 of delhi high court act, 1966, being fao (os) 91/2014 and fao (os) 92/2014, which were listed before the division bench and disposed of on 14th february, 2015 by direction to hear the interim application and application filed by ..... viii) each of the defendants' drugs is a misbranded drug under section 17 of the drugs act since the labels for the products falsely and misleadingly describes it as 'trastuzumab for .....

Bhanushankar Jatashankar Bhatt, Adv. Vs. Kamal Tara Builders Pvt Ltd. ...

Court : Mumbai

Reported in : AIR1990Bom140; 1989(2)BomCR526

..... statement of objects and reasons reads as under:--'the bombay money lenders act, 1946 was amended by maharashtra act 76 of 1975 with a view to checking the evils of unauthorised money-lending and increasing indebtedness of the weaker sections of the community and to streamline the implementation of the act. ..... of objects and reasons to bombay money lenders act, 1946 reads as under :--'if a concerted attempt is to be made to improve the economic condition of the bulk of the rural population and the poorer sections of the population in towns and cities, it is necessary that adequate measures should be taken to protect these persons from exploitation by other sections of the community. ..... however, it cannot be forgotten that the bombay money lenders act, 1946 is enacted by the state legislature by virtue of the powers conferred upon it by the state list, entry 30 of the ..... therefore we hold that the impugnedprovisions of the bombay money lenders act are not ultra vires either for want of competence on the part of the state legislature, or ..... 2(9)(f) and (f1) of the bombay money lenders act read as under :'2(9)(f) -- an advance of any sum exceeding rupees three thousand made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881 other than a promissory ..... the impugned provisions of the bombay money lenders act deal with the bills of ..... the contentions raised by the defendant 2 related to the validity of the aforesaid provisions of the bombay money lenders act. .....

Bhaskarrao Jageshwarrao Buty and ors. Vs. Saru Jadhaorao Tumble and or ...

Court : Mumbai

Reported in : AIR1978Bom322; 1978MhLJ528

..... the plaintiff, petitioner before me is a money-lender having a valid licence issued to him under the bombay money lenders act, 1946. ..... but that does not mean that the bombay money-lenders act is not subject to other laws or any person dealing in money-lending or carrying on business of money-lending would not be governed by other laws dealing with money lending or dealing with other commodities which can become the subject-matter of loan. ..... however, i am quite clear that it does not mean, therefore, that if dealing in a certain kind of commodity is otherwise prohibited by any other law, order or rule having a force of law, then the circumstance that the bombay money-lenders act permits loan in kind cannot be put up as an argument against any such transaction. ..... it is true that the definition of the word 'loan' in the money-lenders act to be found in sub-section (9) of section 2, does include an advance at interest whether of money or in kind. ..... the defendant apart from denying the claim of the plaintiff, raised a contention that the claim was not enforceable by reason of the maharashtra scheduled foodgrains (stocks declaration and procurement and disposal, acquisition, transport and price control) order, 1966. ..... that neither of the parties knew at the time when it was entered into that this transaction was infringement for the maharashtra scheduled foodgrains order, 1966. .....

Kanbi Harji Hira Dubasia Vs. Kanbi Vasta Arian Limani

Court : Gujarat

Reported in : AIR1977Guj189; (1977)0GLR317

..... defendant, inter alia, contended in defence that the plaintiff was a money-lender governed by the bombay money-lenders act, 1946 and that he could not file the present suit without producing moneylenders ..... 5 and 34 of the bombay money-lenders act, 1946 that anyone who carries on money-lending business without obtaining licence under that act in an area to which the act applies carries on his business illegally or unlawfully and renders himself liable to conviction in a criminal court of ..... 5 which is the material section provides that 'no money-lender shall carry on the business of money lending except in the area for which he has been granted a licence and except in accordance with the terms and con-s dictions of such ..... alia provides that 'whoever fails to comply with or acts in contravention of any provision of the act shall, if no specific penalty has been provided for in the said act, be punishable' with the imprisonment specified in that section. ..... clear from the reference made to these sections that the grant of a licence to a moneylender either for the past period or for a future period is not -an automatic consequence which flows from the payment of licence 'fee or arrears of licence fee, as the case may be, but depends, inter alia, upon the clean and straightforward manner in which he has been carrying on ness; of money-lending. ..... in that decision to show whether the hyderabad act has a section corresponding to s. ..... strength of that section, we may refer to some other sections. .....