Court : Mumbai
Reported in : 2007(1)BomCR219; 2006(44)MhLj350
..... t. the tribunal remanded the matter for fresh consideration. the s.l.d.t. on fresh consideration of the matter passed its order under section 21 on 27-10-1978 declaring 87.75 acres of land as the surplus land. again being aggrieved by the said order, the matter was carried in appeal before m.r.t. and by ..... or maintained on such land for the supply or storage of water for the purpose of agriculture. further, as per clause (e) of section 2(16) of the ceiling act, if there are drainage works, embankments, etc. appurtenant to such land, or constructed or maintained thereon for the purpose of agriculture, it would be the 'land' within the ..... of the appellants while ascertaining the total area available as the surplus land for the purpose of declaration under section 21 of the maharashtra agricultural lands (ceiling on holdings) act, 1961 and considered the land occupied by natural tank as forming part of the land available at the disposal of the appellants.3. few facts relevant for the decision .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3489
..... the filing of award at the instance of respondent and extends application of article 119(a) to that application also. the award was dated 28/2/1978 and its notice was served on parties. respondent moved arbitrator on 4/2/1984 i.e. near about 6 years with necessary stamp papers and prayer ..... the arbitration clause itself permits the chairman of appellant authority to appoint any other officer as mentioned therein if the chairman is unwilling or not available for acting as an arbitrator. language of clause 40 itself permits reference of dispute to any other officer if office of chairman is abolished or his designation is changed ..... bom. 417 jayantilal jamnadas v. chhaganlal nathoobhai was one of its members. inspite of this express recommendation, learned senior advocates states that the position in 1963 limitation act remains same and has not been improved. he, therefore, argues that legislative mandate is clear and must be honoured.7. in jayantilal jamnadas v. chhaganlal nathoobhai (supra .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR512; [1996]87CompCas361(Bom)
..... collusion unravels everything.' 19. the above statement was, as a matter of principle and disregarding the earlier authorities, endorsed by megaw l.j. in baber v. kenwood . [1978] 1 lloyd's rep. 175 (ca) on which also reliance has been placed by mr. chagla. it is line with the passage cited by sir david cairns in baber ..... like suits between private parties. the consideration of the interests of the company concerned and public interest relevant in compromise under sections 397 and 398 of the said act is not with which the court is concerned while considering whether the compromise between private parties in ordinary litigation should be recorded or not. mr. chagla has also ..... reliance has also been placed on the case of cosmosteels p. ltd. v. jairam das gupta [1978] 48 comp cas 312, wherein the supreme court has held that even if a petition under sections 397 and 398 of the said act is being disposed of on a compromise between the parties, the court before sanctioning the compromise, would .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj596
..... the witness box and, therefore, adverse interference has to be drawn against the petitioner. the learned counsel relied upon the following judgments in support of his case : i) : (1978)iillj397sc , hussainbhai v. alath factory thozhilali union; ii) 1982 (ii) llj 123, vilas gangaram v. s.d. rane; (iii) 1996(1) mh.l.j. 556 ..... laws applicable to the workmen and to deprive the workmen of the advantages of the permanency in service. the respondent no. 1 alleged that the security guards employed through respondent no. 2 performed their duties under the supervision and control of the petitioner through a jr. engineer and the respondent no. 2 never ..... court reported krantikari suraksha rakshak sanghatana. the division bench held that the industrial court exercising power under the said act of 1971 has no jurisdiction to abolish the contract labour system and treat the security guards employed through the contractor as direct employees of the principal employer.22. the legal position which emerges is .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)BomCR264; 2003(1)MhLj161
..... advocate general for the respondents referred to another judgment of the apex court in murthy match works and ors. v. the asstt. collector of central excise and anr., : 1978(2)elt429(sc) . in this case, in fact the apex court in paragraph 16 has observed as under :--'one facet of the equal protection clause, upheld by the ..... article 14 of the constitution. it is no answer to such a charge to say that the rateable value could be determined properly by the municipal authorities acting under the act and the rules thereunder when they do not resort to any of the well-known methods of valuation and cannot justify their arbitrary method.' finally the ..... therefore, sought the expeditious grant of conversion certificate/sanad pursuant to their application dated 26th september 1988.4. on 28th november 1988 the goa land revenue code (amendment) act, 1988 was brought into force whereby section 32(6) of the land revenue code, 1968 was amended. the said section 32(6) as unamended reads as under :--'32 .....
Tag this Judgment!Court : Mumbai
Reported in : [2004(102)FLR742]; 2004(4)MhLj583
..... remit the case to the labour court to make an appropriate award in the light of the findings of this court'. the learned counsel for petitioners also relied upon 1978 lic 1667, m/s hindustan tin works p. ltd., v. the employees of m/s hindustan tin works p. ltd., and ors.the apex court held ..... relief in a case where retrenchment was found to be invalid for non-compliance with section 25f of the industrial disputes act is reinstatement, except in exceptional cases involving extraordinary circumstance which render it impossible or inequitable to direct such reinstatement.'12. the learned counsel for the respondent has ..... during the course of conciliation proceedings. the invalidity of the retrenchment was not cured by subsequent payment of the amounts due under section 25f of the industrial disputes act, nor did such receipt disentitle the workman to claim reinstatement if the retrenchment was found to be invalid when it was effected; and2. that the normal .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... ltd. v. aster [1949] 2 all er 155 (ca) which were further elucidated by the supreme court in para. 11 of union of india v. sankalhand himatlal seth, : [1978]1scr423 as follows (page 2337) : 'the normal rule of interpretation of a statute is that the words used by the legislature are generally,a safe guide to its intention. lord ..... direct conflict with the judgment by a bench of seven judges in bangalore water supply and sewerage board v. a. rajappa case on the concept of 'industry' reported in : (1978)illj349sc . the supreme court had held . : 'it is needless to add that it is not permissible for us, or for that matter any bench of lesser strength, to ..... from a common source of funds. that ought to lead one to the inference as in the kedia family case cit v. east coast commercial co. ltd. : [1967]63itr449(sc) , that the persons concerned were acting in concert and were covered under the mischief which was sought to be suppressed under the regulations. mr. nariman pointed out that from .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1979Bom222; (1979)81BOMLR504; 1979MhLJ267
..... no. 2. but instead of requesting the collector to hold the elections under chapter xi-a of the maharashtra co-operative societies act, he passed the impugned order dated the 25th of august 1978, by this order he replaces the committee of peti-tioner no. 1 by an administrator who is a government officer and lays down ..... the legality of the impugned order. the petitioners are the members of an appointed committee by the registrar. ii the registrar were of the view even in august 1978 that the administration of the society must still continue underthe appointed management, undoubtedly, he could have just terminated this committee and appointed another in its place. a ..... affairs well and improved the affairs of the society, though he has not admitted in terms, the contents of his impugned order dated the 25th of august 1978 themselves disclose that the registrar has now formed an opinion that the continuance of an appointed management is no longer necessary in the society, but the elected .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR110
..... any such law.'the learned counsel for the defendant mr. muchala argued that this sub-section applies only to those matrimonial disputes which are filed under special acts like, hindu marriage act, indian divorce act, parsi marriage act. in my view, on the bare reading of the above provision, it is not possible to accept the argument urged on behalf of the defendant. ..... : [1975]1scr550 shanti kumar v. h. ins. co., new york, it has been pointed out that in exceptional case even amendment barred by limitation may be allowed.39. in : [1978]2scr614 m/s. ganesh trading company v. moji ram, it has been pointed out that if there is no change in the cause of action or no change in the ..... wife, but she was the second wife of the husband. the defendant and the earlier wife were married in the year 1974. the first wife expired in the year 1978 and then the defendant married the first plaintiff herein as a second wife. then after she left the house, in a few months he married the third wife named rashida .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom358
..... to refund the tax. in view of this attitude of the state government, several citizens of bombay, who were affected by the provisions of this act, gradually began filing petitions after petitions. however, on july 13, 1978, a press-note was issued by the state government which contained a clarification of the attitude of the government. in this press-note, the government ..... of maharashtra clarified that in the event of the high court and/or the supreme court ultimately declaring the maharashtra tax on residential premises act, 1974, to be ultra vires the .....
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