Court : Mumbai
..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned by a current budgetary grant, is ..... clear that the petitioners corporation has taken their usual decision, as they used to take since long to provide this exgratia payment to all the employees, including temporary, ad-hoc and covering period of leave, without pay, absence without leave, the period of suspension, if any and on the basis of actual days of workings, by taking note of their services, this itself shows as per the regular practice, they always take decision to grant this exgratia ..... to grant the same by entering into agreements after due negotiations on various aspects and lastly since 2004-2005 till 2010-2011 without entering into any kind of agreement. ..... from taking action under section 520b and 520c with which it is empowered under the amendment carried in 1972 in the act? ..... as the textile mill was public utility industry and as no notice had been given to the management, the apex court thereby upheld the lost of benefit of holidays ..... chapter v deals with the illegal strikes and .....
Tag this Judgment!Court : Mumbai
..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not sanctioned by a current budgetary grant, is ..... clear that the petitioners corporation has taken their usual decision, as they used to take since long to provide this exgratia payment to all the employees, including temporary, ad-hoc and covering period of leave, without pay, absence without leave, the period of suspension, if any and on the basis of actual days of workings, by taking note of their services, this itself shows as per the regular practice, they always take decision to grant this exgratia ..... to grant the same by entering into agreements after due negotiations on various aspects and lastly since 2004-2005 till 2010-2011 without entering into any kind of agreement. ..... from taking action under section 520b and 520c with which it is empowered under the amendment carried in 1972 in the act? ..... as the textile mill was public utility industry and as no notice had been given to the management, the apex court thereby upheld the lost of benefit of holidays ..... chapter v deals with the illegal strikes and .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... act, then, it may publish a notice in the official gazette, and in such other manner as maybe determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification, and after giving hearing to any such persons, submit the proposed modifications (with amendments ..... pointed out that some 15 textile mills are proposing to take up large communication from the moef to the government of maharashtra drawing attention to the eia notification of 7th july 2004, said this notification would also cover construction projects which were ..... and specified by the commissioner; andiii) as a part of package and measures recommended by bifr for revival/rehabilitation of potentially viable sick and/or closed mill.iv) the commissioner may allow utilisation of existing built up areas for the cotton textile or related trade, for diversified industry or commercial purposes;v) then, follows permission for utilising open lands and balance floor space index.n) thus lands of sick and/or closed cotton ..... central mumbai, jump start growth and development in general, and provide employment, and would aid in generation of higher property taxes, water taxes, electricity dues, income tax (as ..... and 57 in its behalf and also has referred to the definition of the expression 'existing land use map' in section 2(12) and chapter iv of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR1; 2008(2)BomCR497; (2008)110BOMLR805; 2008(4)MhLj125; 1996(72)FLR166
..... in any undertaking of seasonal nature or 240 days uninterrupted service in the aggregate in any other undertaking during a period of preceding twelve calendar months shall be made permanent in that ..... act speaks of is that such appointment does not amount to retrenchment for the purpose of payment of retrenchment compensation and the other consequences of retrenchment prescribed in chapter va of the industrial disputes act ..... in the waiting list for that category, and, should work be available, he ..... and a general provision the specific provision prevails over the general provision and the general provision applies only to such cases which are not ..... time and amended from ..... to relieve a temporary workman and engage another for the work ..... act, 1946, or of any orders or directions issued thereunder or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment ..... and regularizing or making permanent, those not duly appointed as per the constitutional scheme.it may be seen from the judgment that it is in fact not a bible for the concept of 'hire and ..... list according to clause 4d and given priority as required ..... fire', which some enterprising employers want their advocates to attempt to establish in judicial proceedings. 20. shri thakur, learned counsel for the workmen, submitted that inequility of bargaining power ..... and 4e of the model standing orders ..... and ..... and ..... and ..... ..... 2004 ii clr 952, and .....
Tag this Judgment!Court : Mumbai
..... 4385 meeting under chapter vii of the charter of the united nations requiring all the states to take measures to combat international terrorism, as also, resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the security council of the united nations requiring the states to take action against certain terrorists and terrorist organizations, to freeze the assets and other economic resources, to ..... the central excise act, 1944 confers on the officers of the department the power of arrest, search and seizure, investigation and prosecution of the offences ..... (as his lordship then was), held that amendment act 43 of 1993 was retrospective in operation and that clauses (b) and (bb) of subsection (4) of section 20 of tada apply to the cases which were pending investigation on the date when the amendment came into force. ..... 1994) 4 scc 602 : (air 1994 sc 2623 : 1994 air scw 3699), one of the questions which this court was examining was whether clause (bb) of section 20(4) of terrorist and disruptive activities (prevention) act, 1987 introduced by an amendment act governing section 167(2) of the cr. p.c. ..... if the subject of inquiries against ministers in state governments is not mentioned specifically either in any of the articles of the constitution or in the legislative lists it does not follow from it that legislation covering such inquiries is incompetent except by means of a constitutional amendment. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3186
..... view all the objections which were raised, the collector ahmednagar forwarded the entire record to the civil court under his covering letter dated 21.06.2006, with a request to carry out necessary amendments and corrections in the original decree, as it had become impossible to execute the decree due to various complications. ..... being aggrieved by the aforesaid two orders; one passed by the collector on 24.12.2007, rejecting the objections raised by appellants and the other passed by the civil court on 07.01.2008 rejecting the objections raised before it by the objectors to the executability of the decree in special ..... the high court exercises jurisdiction under article 226 and 227 of the constitution of india over the decisions of all the courts and tribunals, whether subordinate to it or not, similar is the width and depth of the power/jurisdiction of the learned single judge under article 226 and 227 of the constitution of india over the courts, tribunals or authorities passing orders under any enactments specified under rule 18 of chapter 17 of the bombay high court appellate side ..... that it was duty of the civil court to see that the collector had acted in accordance with the decree holders mandate. ..... 185 and in the ratnagiri district central cooperative ..... this court by its judgment and order dated 12.07.2004 directed the civil judge senior division, ahmednagar to transmit the special darkhast immediately to the collector, ahmednagar for execution in ..... national textile corporation .....
Tag this Judgment!Court : Mumbai
..... the parsi community would like to be exempted from such a provision so that a parsi can bequeath his property without any restrictions.the amending act of 1991, aside from bringing about the gender equality and eliminating the gender discrimination that prevailed for succession amongst parsis in chapter iii of the indian succession act, which dealt with special rules for parsi intestates, added the aforesaid proviso to section 118.67. ..... of lord justice atkin in sourendra s case (supra), that it is implied in the interest of the client, to give the fullest beneficial effect to the employment of his advocate, has led the supreme court to hold that after the amendment of the c.p.c counsel s role in a compromise decree would extend also to matters collateral to the suit.it would, therefore, be in vain to question the authority of bachoobai s attorneys who were her recognized legal agents, pursuant to her vakalatnama in the ..... -if any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold.the respondent, as the administrator of the property of the deceased, did purchase it from the holder of the life interest before the ultimate bequest could take effect. ..... charities are seen to be defrauded, the respondent could expect no cover from the court no matter that the u.s. ..... das, (2004) 1 cal lt 621 para 6). .....
Tag this Judgment!Court : Mumbai
..... any prior encumbrance, shall, in the absence of a contract to the contrary, be held by him in trust to be applied by him, first, in payment of all costs, charges and expenses properly incurred by him as incident to the sale or any attempted sale; and, secondly, in discharge of the mortgage-money and costs and other money, if any, due under the mortgage; and the residue of the money so received shall be paid to the person entitled to the mortgaged property, or authorised to give receipts for the proceeds ..... it is submitted that the provisions and position of tp act, 1882 continue to apply even after the enactment of sarfaesi act, including its amendment and specifically covering the concepts so provided in section 58, 65a, 67, 69 of the tp act. ..... collector of central excise, chandigarh, 1972 scc online p and h 154: air 1972 p and h 444 7) silicon valley auto component pvt. ..... right to appeal- (1) any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this chapter, [may make an application alongwith such fee, as may be prescribed,] to the debts recovery tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken: [provided ..... amended section 14 of the sarfaesi act basically act 30 of 2004 (s.7) (s.8) w.e.f. ..... shankara textile mills ltd. ..... shankara textile mills ltd. .....
Tag this Judgment!Court : Mumbai Goa
..... benches of this court and other high courts, to which a reference has been made, yet, finding that the legislations in the field have undergone a definite change with the airport authority of india act, 1994 being enacted and amended, which is a development subsequent to the decision in nandkumars case (supra), we are of the opinion that in the present facts and circumstances, we cannot strike ..... clearance (ec):- the following projects or activities shall require prior environmental clearances from the concerned authority, which shall hereinafter referred to be as the central government in the ministry of environment and forests for matters falling under category 'a' in the schedule and at state level the state environment impact assessment authority (seiaa) for matters falling under category 'b' in the said schedule, before any construction ..... the union extends to the acquisition of the property for the union because the acquisition of property is a subject matter covered by item 42 of list iii, i.e the concurrent list in the seventh schedule, upon which the parliament has power ..... to carry material goods for relief purpose, or for giving joyrides for hire or reward: provided that any person already permitted and operating scheduled air transport services to an aerodrome before the commencement of the aircraft (4th amendment) rules, 2004 may continue operation of such services till such person obtains the licence from the director-general by the date to be notified ..... chapter ..... floor .....
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