Court : Mumbai
Reported in : 2007(5)BomCR498; (2008)ILLJ1067Bom
..... other hand, it is -13- a special law governing a limited class of people for limited kind of disputes stated under that law. chapter vii deals with miscellaneous provisions. section 11 of the act deals with the procedure and power of conciliation officers, boards, courts and tribunals. sub-section (3) of section 11 states that every board ..... out a procedure for closing down an undertaking. the procedure is applicable when an employer intends to close down an undertaking of an industrial establishment to which chapter va is applicable. the mandate is upon the employer, who intends to close down an undertaking, to apply in the prescribed manner for prior permission at ..... on the representative of the workmen in the prescribed manner.16. a reference can usefully be made to rule 76c of the industrial disputes (central) rules, 1957 and form qa annexed to these rules, which makes the intention of the legislature apparent. the application seeking prior permission for closure is to be made before .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR64; 1999(1)BomCR239
..... the 2nd plaintiff sold chairs to its dealers, such sale also does not have the effect on the 1st plaintiffs copyrights and cannot invalidate their copyrights.13. section 49 of the designs act reads thus :--'49. effect of disclosure on copyright. this disclosure of a design by the proprietor to any other person, in such circumstances as would make it ..... in suit no. 3278 of 1994. mr. kadam also referred to a passage from the book of copinger and skone james on copy right, 13th edition, in the chapter 'passing of', sub-title 'get up'.7. the first thing the plaintiffs are required to show is that the design of the defendants chair is the same and ..... : air1967bom147 ; damomal kausomal raisinghani v. union of india : air1967bom355 ; mohan lal v. mirza abdul gaffar : (1996)1scc639 ; r.i. chudzikowski v. a. sowak (trading as premier productions), 1957 r.p.c. page (111); tobu enterprises pvt. ltd. v. megha enterprises and another 1983, p.t.c 359 alert india v. naveen plastics 1997 p.t.c. (17) 151997 .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR24
..... part of the definition. the true impact of this inclusive part of the definition cannot be realised without bearing in mind the provisions of chapter v of the forest act, 1927. it may be stated that the indian forest act, 1927 deals with different types of forest, such as, (i) reserved forests, (ii) village forests, (iii) protected forests and ..... village dahisar was originally owned by ex-khot of the area by name haji ali kasam agboatwala, who expired in the year 1945. administration suit no. 3415 of 1957 was filed in the high court of judicature at bombay and the court receiver, high court of bombay was appointed for 'administration and management of the estate belonging ..... it was thereafter sub-divided into three parts being survey nos. 345-a, 345-b and 345-c. mutation entry was effected on 3rd may, 1957 and certified on 17th may, 1957 which clearly mentioned that on the basis of the government notifications dated 11th january, 1947 and 20th april, 1948, land bearing survey no. 345 was .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... securities market, by such measures as it thinks fit, one of the measures being 'regulate substantial acquisition of shares and take-over of the companies'. chapter via of the act provides for penalties and adjudication. section 15h provides for non-disclosure of acquisition of shares and takeovers. under the aforesaid section, if any person who is ..... other than the acquirer making a public announcement may, within two weeks of such announcement, make a competitive bid for acquisition. (2) the provisions of this chapter shall mutatis mutandis apply to the competitive bid made under sub-regulation (1): provided that the period of offer in the public announcement shall not in any ..... court may refuse relief under section 155 and relegate the parties to a suit. but the point as to the invalidity of the notice, dated 20-1-1957 could well be decided summarily and the courts below rightly decided to give relief in the exercise of the discretionary jurisdiction under section 155. having found that .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... no. 3 is a lessee under a statutory lease exercising governmental or public functions. 3. it is because respondent no. 3 performs governmental functions that chapter va of the said act applies to it and it can just like government use summary procedure to evict unauthorized occupants on the area leased to it without following the rigor of ..... tenants for commercial use of some of the space available in the projected 'garage building.' the public was invited to bid for these leases.' he noted that in 1957 a private lease for 20 years was made with eagle coffee shoppe for use as a restaurant, dinning room, banquet hall, cocktail lounge and bar. then, in ..... respondent no. 3 is a lessee under a statutory lease exercising governmental or public functions. it is because respondent no. 3 performs governmental functions that chapter va of the said act applies to it and it can just like government use a summary procedure to evict unauthorized occupants on the area leased to it without following the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR717; 2007(1)BomCR417
..... learned counsel for the respondents, by placing reliance upon the observations of the supreme court in the matter of shri sohan lal v. union of india : [1957]1scr738 , and more particularly paragraph 7 thereof, which lays down that, although normally, a writ of mandamus does not issue to or an order in ..... of such a committee should be submitted to the joint charity commissioner, aurangabad, if inculpatory, for the purpose of action under section 41d of the bpt act, against mr. rangnath jadhav, whereupon, the joint charity commissioner, aurangabad, should take suo-motu action under the said provisions. the committee should complete the ..... of bank accounts, withholding government aid, if any, taking over management of the school, appointment of administrator, initiation of appropriate proceedings under bombay public trusts act,1950 against the trustees, derecognition of the college or school, and determination of payment of compensation to the victims by the perpetrators etc, as also action .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)
..... in december 1956, a resolution was passed to convert the company into a public limited company in order to obtain advances from industrial finance corporation. in december 1957, the controller of capital issues sanctioned the issue of shares of the face value of rs.39 lakhs and debentures of the face value of rs.64 lakhs ..... make out the case of oppression, the court had power to do substantial justice between the parties and appropriate directions could be given under section 402 of the act. inasmuch as the relations between the parties are strained, the directions for valuation and purchase of shares of each other could have been sustained independently. however, what ..... english law would not be of assistance for the construction of section 397 of the indian companies act since we have not adopted any such modification in india. in fact, if we see the discussion under the caption 'unfair prejudice' in chapter 66 of palmer's company law (24th edition), the learned author has noted that there .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(201)ELT529(Bom)
..... words 'relating to recovery of possession' as employed by section 41(1).16 mr. rana thereafter contend that the settlement commission as provided under chapter xiv-a of the said act would have limited jurisdiction, in the sense only in case of short levy on account of misclassification or otherwise, the commission would have jurisdiction ..... of his submission, mr. harishankar has referred to and relied upon the judgment of the supreme court in the case of lilavati bai v. state of mysore. : [1957]1scr721 and another judgment in the case of western india plywood v. p. ashokan : air1997sc3883 . the judgment in the lilavati bai (supra) has been followed by ..... the most wilful case of misclassification.42. one cannot minimise the scope of jurisdiction of the settlement commission without any express provisions found in the said chapter, whereas on the contrary, the provisions as indicated herein above clearly show that the settlement commission has a very wide jurisdiction to entertain all kinds of .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR486
..... 41 which uses the words 'tenant of the applicant' cannot be red in isolation but has to be read as a part of the scheme of chapter vii of the p. s. c. c. act. the scheme is to provide a speedy summary remedy for possession of certain kinds of immovable property and make the decisions on the questions decided by the ..... of a suit in any court; but created an exception whereunder 'a suit in which relief is claimed on the basis of title' could be filed.6. the bombay rent act (act lvii of 1947) which granted certain rights to tenants came into force on 19th august, 1948. the tenants were granted statutory right against eviction as long as they performed the ..... claim is based on section 5(11)(c) of the bombay rents, hotel and loding house rates control act, 1947, hereinafter referred to as 'the bombay rent act'. according to him, he was residing with the deceased tenant tukaram achrekar as his heir from 1957 to 2nd august, 1966 when the latter died. the trial judge, by his judgment dated 31-1-1981 .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)5CTR(Bom)485; [1976]37STC608(Bom)
..... that the two terms are used in different senses. the provisions pertaining to the incidence and levy of tax under the said act are contained in chapter iii, whereas the provisions to penalty are mostly contained in chapter v which deals with the topics of returns, assessment, payment, recovery, composition and refund of tax. these two terms have ..... statement of the case and refer it to the high court.' certain other relevant provisions of the said act may also be conveniently noticed at this stage. clause (18) of section 2 of the said act as it read prior to 7-4-1957 defined the word 'tax' thus : 'tax means the sales tax, general sales tax, purchase ..... tax or outside goods purchase tax payable under this act.' from 7-4-1957 the said clause read thus : ''tax' means sales tax, general sales tax or purchase tax payable under this act.' the opening part of section 2 makes it clear that this definition is applicable unless there is anything .....
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