Court : Madhya Pradesh
Reported in : (1968)ILLJ105MP
..... i and if the reduction has not been made in accordance with sub-section (1) of section 31, then the reduction would clearly be an ' illegal change' under section 34 of the act and the petitioners have the right to move the labour court to declare the change to be illegal, praying that the employer be directed to withdraw the change and restore the out in the wages. ..... consequently the petitioners who desired to have the out in their wages restored could move the labour court for that purpose only under section 31](3) of the act after approaonlng the employer with a request for tae change and if no agreement was reached in respect of the change within the prescribed parlor; and ..... employed as masons in the bhilai steel plant, bhilai, filed separate applications under section 61 of the madhya pradesh industrial relations act, 1960 (hereinafter referred to as the act), in the labour court, raipur, for restoration of the reduction effected by the management, namely, respondent 3, the general manager ..... in the petitioners' wages did not amount to an illegal change as defined by section 31 of the act, on this view, the in justrial court set aside the decision of the labour court and dismissed ..... then the question of the change in the form of reduction in wages being declared illegal by an application under section 61 of the act cannot; arise and the only remedy available to the petitioners is by an application to the labour court for restoration of the reduction in the wages after complying with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)162CTR(SC)406
..... the high court was right in coming to the conclusion that the parameters of section 147(a) of the income tax act were satisfied for the purposes of reopening the assessment for the assessment year 1970-71.3. ..... it was also justified in coming to the conclusion that income had accrued to the assessee under section 41(2) of the act in the assessment year 1970-71. ..... questions in the negative and in favour of the revenue :'(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that no income accrued to the assessee under section 41(2) of the income tax act, in the assessment year 1979-71 ? ..... circumstances of the case, the tribunal was justified in holding that the income tax officer was not justified in reopening the assessment for the assessment year 1970-71 under section 147(a) of the income tax act'2. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom1; (1951)53BOMLR717; ILR1952Bom134
..... from theof detention was a new detention, and he has got a right to make a representation against that detention to government if not to the advisory committee and he must be given a new opportunity to make it, but so far as the amending act is concerned, all that it contemplates is that in the case of every order which has been continued, the case should be referred to the advisory committee, as the case of the petitioner has been referred. ..... its amendment, if the advisory committee is of the view that there was no longer any cause for detaining him in custody, he must be released; but whether under the old act or under the new act once the advisory committee was of the view that there was sufficient cause for the detention of the detenu at the time when it made its report the legislature theught that what was the ..... be a valid detention order, and the contention on behalf of the state being that there was originally a valid order for detention in force against the applicant at the time of the coming into operation of the amending act; and that order was continued by section 12 of the amending act, the question resolves itself into the question of the validity of the order under which the applicant was being detained just before the amending ..... [1] this is an application under article 226 of the constitution of india by a person, who was originally detained under an order dated 1-4-1948 under the bombay public security measures act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR85
..... but for the enactment of that section i take it that the ordinary rule that any one may set the criminal law in motion would still have applied; but a prosecution for an offence under this act, even if started by one of the officers named in section 83 or with his permission, would still have been a prosecution not in an official capacity but in a private capacity. ..... to my mind there is no cogent reason for not giving to the section the literal meaning of the words used, which is that, when a prosecution for an offence under the act does come to the knowledge of a registering officer in his official capacity, then he or some one with his permission may start a prosecution. ..... then comes section 83 which provides that :(i) a prosecution for any offence under this act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the inspector-general, the branch inspector-general of sindh, the registrar or the sub-registrar, in whose territories, district or sub ..... 81 imposes a penalty on a registering officer and every person employed in his office for the purpose of the act commits certain offences, and section 82 deals with offences committed before a registering officer. ..... learned judge takes the view ithat the prosecution under section 82 of the indian registration act is incompetent without the sanction of the registration authority under section 83 of the act, and for that reason he invites us to quash the committal order. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom252; (1957)59BOMLR616
..... petitions were filed in this court under article 226 of the constitution challenging the provision of sub-section (2) of section 6 of the bombay tenancy and agricultural lands act, 1948, as being ultra vires the legislature and also challenging a notification issued by government under that sub-section. ..... jahagirdar that section 32 of the bombay tenancy and agricultural lands act, 1948, which merely suspended the ownership of the landlords and did not vest it immediately in the tenants, was not protected ..... under section 10-a of the bombay tenancy and agricultural lands act, 1948, the duty to pay land revenue and irrigation cess and also the local fund cess is imposed upon the tenant: thereby the primary liability to pay the assessment is ..... allah rakhia 74 ia12: air 1947 pc 72, their lordships ofthe privy council to consider the question aboutthe competence of a provincial legislature underthe government of india act, 1935, to enact legislation to create and determine the powers ofcourts in respect of land and to give relief tomortgagors by causing the mortgagees to makerestitution of mortgaged lands on terms ..... it is enforceable only where the tenant has failed to pay the rent for any revenue year or has done any act which is destructive or permanently injurious to the land or has sub-divided or sub-let the land or has tailed to cultivate personally or has used the ..... the scheme of part ii of chapter in of the bombay tenancy and agricultural lands act, 1948, as amended by act 13 of 1956. .....
Tag this Judgment!Court : Mumbai
Reported in : (1969)71BOMLR12; 1969MhLJ249
..... landlord to ask for possession of his land back in case he needs it for his personal cultivation was also recognised by the tenancy acts throughout (see section 7 of the act of 1939; section 34 of the act of 1948; section 31 of the act 1'948 after its amendments in 1956 and 1961) and though not referred to in section 14 clearly constitutes partially an exception to the ..... or held in abeyance this point does not really arise for consideration, but it was argued before the division bench in khanditbhai's case that 'the reference to section 31 in the new act should be regarded as a reference to the corresponding section 34 as it stood before the amendment in 1956' but that contention was not accepted, the division bench observing that though there was ..... are to be found in section 7 of the 1939 act and in sections 34, 37 and 39 of the act of 1948 before its amendment and in sections 31, 37 and 39 ..... now section 14 of the tenancy act, 1948 (corresponding to section 5(2) of the tenancy act of 1939) also stated in sweeping terms 'notwithstanding any law, agreement or usage, or the decree or order of a court, ..... of the act but the division bench pointed out that that section was not applicable because it 'has application only to rights acquired before the commencement of the act in 1948 and to legal proceedings instituted before that date, there is no corresponding saving provision in the amending- act of 1956.'20 ..... of the re-enacted sections 34, 37 and 39 when the act lxvti of 1948 was passed. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom287; 2001(3)ALLMR703; 2001(4)BomCR460; (2001)2BOMLR992; 2001(3)MhLj605
..... benefits on them than were in fact conferred by the earlier enactments which were repealed, (and this would be clear if regard be had to the wider definition of the expression 'tenant' adopted in section 5(11) of the act) and therefore, the legislature thought it advisable that in regard to pending suits and original proceedings also (of course of the description or categories specified therein) in which the decrees and orders were not passed the provisions ..... out that chandrasingh manibhai's case : [1951]2scr221 (supra) was also a case dealing with an appeal (arising out of a decree passed on a date prior to the cominginto force of the 1947 act in a suit filed under the transfer of property act) which was pending at the relevant date and the question was whether on the principle that the appeal was in the nature of a rehearing of the suit the same should be decided in accordance ..... a good law in so far as mohanlal chunilal kothari's case is concerned, it arises oui 'i the provisions of bombay tenancy and agricultural lands act, 1948 and the observations made thereunder in respect of retrospectively of section 88(1) (d) of the said act cannot be applied to the controversy which centres round different provisions. ..... vide notification dated 30th august, 1948, the applicability of said part of bombay rent act was withdrawn in respect of village ..... , it may also be noted that the provisions of part ii of the bombay rent act were first made applicable to the village gokhivare on 13.2.1948. .....
Tag this Judgment!Court : Mumbai
Reported in : (1989)91BOMLR165; [1989(59)FLR530]; (1994)IIILLJ447Bom; 1989MhLJ445
..... expiry of the period of limitation, the right of suit comes to an end, therefore, if a particular right of action had become barred under an earlier limitation act, the right is not revived by a later limitation act even if it provides a larger period of limitation than that provided by the earlier act',in the present case, therefore, the proviso which was introduced in section 79(3) by an amendment brought into operation in 1979 cannot save an application which was time-barred ..... result is that before an application can be made to the labour court challenging an order passed by an employer acting or purporting to act under the standing orders, the employee or a representative union has to approach the employer with a request for ..... court further held that the proviso to section 79 sub-section (3) of the said act was introduced by way of an amendment much after the petitioner filed his application before the ..... decide (a) disputes regarding (i) the propriety or legality of an order passed by an employer acting or purporting to act under the standing orders; (ii) xxx xxx xxx (iii) any change made by an employer or desired by an employee in respect of an industrial matter specified in schedule iii [except item (5) thereof] and matters ..... taken by him in pursuing his remedy under the maharashtra co-operative societies act should be excluded and his application for condonation of delay should be ..... considered a case arising under the malaysian public authorities protection ordinance, 1948. .....
Tag this Judgment!Court : Mumbai
Reported in : [1999(82)FLR772]; (1999)IILLJ792Bom
..... previous judgment in ramakrishan rao case (supra), and the following observations of the apex court may be quoted: 'the period of infancy mentioned in section 16(1)(b) of the employees' provident funds act, 1952 should be calculated from the first day of the establishment of the factory and not from the moment of time when the figure of employment of 20 or more workmen is first reached. ..... the central government orthe state government governing suchbenefits; or (c) to any other establishment set up under any central, provincial or state act and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that act governing such benefits; or (d) to any other establishment newly set up, until the expiry of a period of three years from the ..... as we have already pointed out, this expression had occurred throughout in the provisions and the significant change which was made by the amendment act in section 16(1)(d) is the expression 'newly set up', which has to be given its due meaning by harmonising the same with the words, 'has been set up,' ..... convicted under paras 76(c) and 76(e) of the employees' provident fund scheme, 1952 read with section 14 of the employees' provident funds act, 1952, for having failed to submit returns, statements and other documents required by the scheme in respect of three quarters, namely ..... ananda bhavan which was started on september 15, 1948, but was sold by him in april, 1962 .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ2751; II(2002)DMC8; ILR2002KAR1989; 2002(3)KarLJ438
..... be read as 'during' or 'for' and that cannot be done because words cannot be construed contrary to their meaning as the word 'within' would, mean 'on or before', 'not beyond' and, therefore, it was held that the act would mean that on or before the expiration of the iddat period, the husband is bound to make and pay maintenance to the wife and if he fails to do so then the wife is entitled to recover it by filing an application ..... a divorced muslim woman who has not remarried and who is not able to maintain herself after the iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such divorced woman including ..... the learned counsel for the petitioner does not bother me much in the light of the provisions of sections 7 and 8 of the family courts act, 1984, section 7 defines jurisdiction of the family court and the explanation clarifies the nature of suits and proceedings which the family court exercises its ..... is questioned on the ground that the lower court has erred in not applying the provisions of section 5 of the act under which both the parties by consent may opt and are governed by the provisions of sections 125 to 128 of ..... the petition to enforce the maintenance order granted prior to the coming into force of the act is perfectly maintainable as her rights are crystallized and she gets vested right to recover maintenance from .....
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