Court : Mumbai
Reported in : 2009(111)BomLR2507
..... or indirectly, the power or ability to direct or cause the direction of the management and policies of such other person, whether through the ownership of voting securities, by contract or otherwise (but excluding a lender which has such power or ability to direct or cause the direction of the management and policies of such ..... indirectly, the power of ability to direct or cause the direction of the management and policies of such other person, whether through the ownership of voting securities, by contract or otherwise (but excluding a lender which has such power or ability to direct or cause the direction of the management and policies of such ..... , in fact, a law was enacted establishing a regulator (petroleum and natural gas regulatory board act, 2006). however, the provision in the act which deals with distribution of gas has not yet been notified and has therefore not come into force. the government approval contemplated in clause (xii) was therefore only referred to price approval under .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR848; (2008)110BOMLR2692
..... v. babulal agarwal reported in : (2004)2scc712 . the paragraph 10 thereof reads thus:.there must be demise of the property in praesenti. but an agreement for securing another agreement or deed in future would not be such an agreement or document which may require registration. clause 8 of the agreement did not create any right in ..... has been marked as plot no. 2a.11th may, 1993 : the revised sanctioned development plan prepared under maharashtra regional and town planning act, 1960 (hereinafter referred to as 'the mrtp act') came into force in which the said 7 large track of land including the suit property was reserved for 'best bus depot, scrap yard and housing.various ..... acquisition was for the purpose of staff housing of best workers. the suit property forms part thereof. as stated herein above, in the development plan brought into force in accordance with the mrtp act 1960, the same property came to be reserved for best bus depot, scrap yard and housing. however it is pertinent to note .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR1; 2007(1)BomCR540; (2007)109BOMLR60; 2007(1)MhLj597
..... establishing a tribunal was to provide expeditious justice to the employees of educational institutions governed by the act so as to ensure security and stability of service. the statement of objects and reasons cannot override the express provisions of a law enacted by the competent legislature. the ..... section 9 and section 12 are prefaced by nonobstante provisions which give overriding effect 'notwithstanding anything contained in any law or contract for the time being in force'. under section 12, the decision of the tribunal on an appeal entertained and disposed of by it, is to be final and binding on the ..... of employees. disputes between managements and their employees were instituted before the regular courts. the legislature considered it appropriate to enact legislation to give statutory force to the executive orders which had hitherto held the field and to confer a rule making power to govern the conditions of service. the object of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom109; [1960]38ITR241(Bom)
..... for construing section 25(3) as exempting the income, profits and gains of a discontinued business, without excluding from such income, profits and gains interest on securities where the securities are themselves stock-in-trade of the business. this is the only way i am able to read section 25(3) after giving the words of the ..... assessment. the result of this change was that, if a business was in existence and earning income, profits and gains in the year 1921 when the act of 1918 was in force, the owner of the business would pay income-tax twice over on his income, profits and gains of the business in 1921. it was accordingly necessary ..... of business, profession or vocation', but any other income of the business, profession or vocation which is taxable under another head, such as property or interest on securities. the same appears to be the position under section 44 which deals with the liability in case of a discontinued firm or association, which provides that upon discontinuance or .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... duty of the corporation to carry on life insurance business, whether in or outside india, and the corporation shall so exercise its powers under the this act as to secure that life insurance business is developed to the best advantage of the community. (2) without prejudice to the generality of the provisions contained in sub- ..... to 16 stating that these companies were controlled by respondent no. 17. as necessary particulars were not furnished by respondents nos. 4 to 16 or their stock-border and attorneys (respondents nos. 20 and 21) or their distinguished banker, respondent no. 3, and as these purchase appeared to be in contravention of the ..... to be reviewed, modified or clarify. the mere fact that any sub-clarification ore review would benefit the individual whose case necessitated the administrative authority to force its attention by itself, cannot be sufficient to conclude that the clarification. itself was intended to benefit that individual. that case may have only occasioned the .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR359; (1989)ILLJ459Bom
..... allowance; whereas reference no. 92 of 1984 under section 10(1)(d) of the act, again at the instance of the union, included demands for special allowance, social security allowance and ad hoc allowance. reference no. 43 of 198 under section 10(1)(d) of the act and at the instance of the sabha, included demands pertaining to house rent allowance, ..... off from upsetting a wage structure that has satisfactorily worked for a long time. the sweat of the labour is never reflected in any balance sheet, although the latent force behind every successful industry is this sweat. with their present wage structure, the labour just exist. no one should try to deny them even this bare source of existence ..... we have pointed out earlier that the award would effect in all 500 workmen and those who would be affected immediately would be 115. as against the total work force of 2.500 employees, the company seeks the introduction of the new system of payment of dearness allowance for this small section of its work .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2668
..... of this court holding that such plea is barred after coming into force 1988 act is, therefore, misconceived. moreover, here appellants sought reference on 26.5.1987 and in : (1995)124ctr(sc)311 r. rajagopal v. padmini, hon'ble ..... partition in inventory proceedings they have become absolute owners. it is, therefore, obvious that there was and there is no effort by the appellants after 1988 act came into force to obtain any benefit out of said benami transaction. the conclusion in this respect reached by the trial court, as also by the learned single judge ..... proceedings which concluded in 1960. he states that rauji satroji rane died in 1968 and the provisions of the benami transactions (prohibition) act, 1988 (referred to as 1988 act hereafter) came into force 20 years thereafter. the appellants were owners after 1960 and right from the date of purchasing it in auction their predecessor-in-title .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom244; 1971LabIC1080; 1971MhLJ413
..... 2) of section 37. it is possible to argue that there was hardly any time for the state government to issue such a notification. the present act came into force on 1st april, 1968. it was published in the official gazette on 1st december. 1966 but the maharashtra state government extended its application to this state ..... entertainment upon such conditions to be inserted in every licence as he, with the sanction of the state government from time to time shall order, for securing the good behaviour of the keepers of the said houses or places of public resort or entertainment and the prevention of drunkenness and disorder among the persons ..... types but excludes only contracts relating to agricultural land. entry 22 deals with trade unions, as also with industrial and labour disputes. entry 23 deals with social [security and social insurance, and employment and unemployment. besides these three, entry 24 deals with welfare of labour 'including conditions of work, employer's liability and maternity .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom290; (1970)72BOMLR436; 1970CriLJ1062; ILR1970Bom1074; 1970MhLJ93
..... as follows; hindi -- kesari or khisari sanskrit - triputi bengali, malyalam, tamil tod oriya -khesari telgu - lamka gujarati and marathi -- lath.' rule 44-a was brought into force in the state of maharashtra by the state government notification no. pfa.1060/d dated 15th november, 1961, published in the gazette dated 23rd november, 1961. the notification brings ..... the legislature, in order to protect the health of the community by preventing the adulteration of food, deliberately bypassed the possible hardship in a few border-line cases. we do not think therefore that this argument of hardship can prevail against the clear provisions of law,46. thus, upon a consideration ..... in para 8:'the acceptance of this argument would lead to the starvation of many industrial establishments or force them, to manufacture raw materials,'that was one of the reasons why he held that 'the prevention of food adulteration act deals with food and it will be open to the accused to plead that the article involved .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... effect from november 1956 the high court of bombay had jurisdiction to exercise its powers in relation to kutch district. by the enactment of bombay reorganisation act, 1960 which came into force from may 1, 1960, there was a bifurcation of bigger bilingual state and kutch district became part of the new state of gujarat. for the ..... once a foreign ship is arrested within the local limits of the jurisdiction of the high court, and the owner of the ship has entered appearance and furnished security to the satisfaction of the high court for the release of the ship, the proceedings continue as a personal action. 89. admiralty jurisdiction is an essential aspect ..... suit, as an action against the owner, and any decree obtained by the plaintiff is executable against any property of the owner available within jurisdiction, including the security furnished by him for release of the vessel.'19. the apex court in m.v. elisabeth was of course not directly concerned with the territorial limits of .....
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