Court : Mumbai
Reported in : 2002(4)BomCR692; [2002(95)FLR245]; (2002)IIILLJ587Bom; 2002(3)MhLj534
..... analogous to res judicata do apply to industrial adjudication. it has been so held in the case of burn & co., calcutta v. their employees reported in : (1957)illj226sc and the case of bharat barrel & drum . v. bharat barrel employees union reported in : (1987)illj492sc . however, the question is whether on the facts ..... a commercial establishment under section 2(8) of the bombay shops and establishment act, will not be covered by the definition of industrial establishment contained in section 25-l of the act and hence, the provisions of chapter v-b of the act are not applicable to the park. it is further submitted, therefore, that non ..... and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on'. section 2(k) of the factories act, 1948 defines 'manufacturing process' as follows:'(k) 'manufacturing process' means any process for - (i) making, altering, repairing, ornamenting, finishing, packing,oiling, washing, cleaning .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)MhLj734
..... such reference from the civil court, the competent authority shall deal with and decide such issues in accordance with the provisions of this act and shall communicate its decision to the civil court and such court shall thereupon dispose of the suit in accordance with the procedure ..... his official capacity as a guardian under the guardians and wards act, 1890;(d) to an estate or land taken under management by the state government under chapter iv or section 65 except as provided in the said chapter iv or section 65, as the case may be, and in ..... was not applicable to the suit land as it was within municipal limits (on 1-4-1957)?(3) do defendants prove that deceased kisan shripat was protected tenant and become tenant-purchaser of the suit land since 1-4 ..... -1957? (5) do plaintiffs prove that the tenancy rights of the defendants are legally terminated by notice dated 26-6 .....
Tag this Judgment!Court : Mumbai
Reported in : [1987]61CompCas548(Bom)
..... was a factual cause of damage. a reference can be made in support of this aspect on 'factual causation' in dugdale and santon's 'professional negligence', chapter 28, paragraph 28.01. a reference can be usefully made in this connection to the short passage from the speech of lord reid in the case of mcwilliams ..... of skill which is usual in the profession and calling. justice mcnair in his address to the jury reported in bolam v. friern hospital management committee [1957] 2 all er 118, referred to the statement of law contained in a scottish case dealing with negligence of a medical practitioner with approval and the statement ..... ,42,522----------------------------------------------------------------------5. on february 19, 1975, the accounts were reported by defendant no. 1 to the plaintiffs as required under section 227 of the companies act and the said accounts were approved by the shareholders at the annual general meeting held on february 20, 1975. prior to this date, on december 9, 1974 .....
Tag this Judgment!Court : Mumbai
Reported in : [1979(39)FLR89]
..... case of manning the lower judiciary. it is presumably to secure the independence of the judiciary from the executive, the constitution introduced a group of articles in chapter vi of part vi of the constitution as mentioned hereinabove.8. article 233 of the constitution of india provides for appointments of the district judges which are to ..... respondents nos. 2 and 3 should be upheld. it is not necessary for me to express any opinion whether the officers appointed under the income tax act, sales tax act and the land revenue code are performing the judicial functions and can be labelled as courts. mr. gursahani finally submitted that the industrial tribunals are known as ..... to form a quorum. the state government has framed rules under the powers conferred under section 38 and rule 16 of the industrial disputes (bombay) rules, 1957 requires the labour court to serve a notice upon the opposite party before settling a dispute between the employer and the employee, rule 17 of the rules confers .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR403; 2004(4)MhLj842
..... 1) notwithstanding anything contained in sections 14 and 30 but subject to sections 31a to 31d (both inclusive), a [landlord (not being a landlord within the meaning of chapter iii-a) may], after giving notice and making an application for possession as provided in sub-section (2), terminate the tenancy of any land (except a permanent ..... anant joshi (supra). in that case, the landlord after giving notice to his tenant before december 31, 1956 under section 31 of the act, terminating tenancy for personal cultivation, subsequently before march, 1957, made an application to mamlatdar for obtaining possession of the land on the ground of personal cultivation. while the said application was pending before ..... the same time, be sent to the mamlatdar. an application for possession under section 29 shall be made to the mamlatdar on before the 31st day of march 1957.(3) where a landlord is a minor, or a widow, or a person subject to mental or physical disability then such notice may be given [and an .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... matters indicated in that section and in particular, the procedure to be followed by a claims tribunal in holding an inquiry under the said chapter xxvi and in terms of section 176(c) of the act, the powers vested in a civil court which may be exercised by a claims tribunal.22. in exercise of its power vested in ..... the division bench. in this connection, learned counsel placed reliance on a decision of this court in the case of garikapatti veeraya v. n subbiah choudhury reported in 1957 scr 488 and submitted that the appeal is vested right and it cannot be taken away. alternative submission was if clause 15 does not apply, appeal lies under ..... by a subsequent enactment if so provided expressly or by necessary intendment and not otherwise.18. the supreme court in the case of garikapati veeraya v. n subbiah choudhry : [1957]1scr488 , spelt out the five propositions as precepts to right of appeal. the formulated propositions read as under:(i) that the legal pursuit of a remedy, suit, appeal .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR232; 2009(4)MhLj929
..... (2 of 1974);(c) every suit or proceeding of the nature referred to in the explanation to sub-section (1) of section 7 and every proceeding under chapter ix of the code of criminal procedure, 1973 (2 of 1974),:(i) which is pending immediately before the establishment of such family court before any district court ..... intendment. the reliance on behalf of the petitioners on the judgement of the supreme court in the case of garikapati veeraya v. n. subbiah choudhry : [1957]1scr488 is well founded. after referring to a long line of judgements of various courts the supreme court summarized its conclusions as under:23. from the decisions ..... a multi state cooperative society. respondent nos. 2 and 3 are the assistant registrar cooperative societies and the divisional joint registrar cooperative societies respectively under the mcs act. respondent no. 4, mrs. seema ramesh gharage is the principal debtor who had availed of facilities from the petitioner. original respondent no. 5 and respondent nos .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR387; (1993)IILLJ568Bom
..... due to increase in the cost of living. 68. the fourth central pay commission specifically considered the effect of inflation on the quantum of pension. chapter 2 of the report is devoted to a discussion on this subject. the commission pointed out that a regular scheme of providing dearness relief to pensioners ..... description of 'workman', according to the learned counsel. the judgment of the supreme court in dharangadhara chemical works ltd. v. state of saurashtra & ors. : (1957)illj477sc was pressed into service as supporting this view. it is doubtless true that in dharangadhra's case (supra) the supreme court pointed our that no person could ..... the terms of the reference. it is not possible to accept the contention that 'pensioners' are not 'workmen' within the meaning of section 2(s) of the act. for reasons sufficiently elaborated earlier in the judgment, the contention must fail. notwithstanding the fortuitous use of three different expressions, 'workers', 'pensioners' and 'employees', .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR209; (1996)98BOMLR159
..... is divided into three parts i.e. survey no. 345-a, 345-b and 345-c was a forest land. mutation entry effected on 3-5-1957 and certified on 17-5-1957 (annexure '01' before the tribunal), clearly mentions that on the basis of the government notifications dated 11th january, 1947 and 20th april, 1948, land ..... this court. it was agreed that with regard to its land, the petitioner was permitted to raise the dispute under section 6 of the maharashtra forests (acquisition) act, before the competent authority and also the question of vesting in the state government, the land purchased by the maharashtra land development corporation under the conveyance deed dated ..... at the conclusion that the aforesaid land was a private forest within the definition given in clause (f) of section 2 of the maharashtra private forests (acquisition) act, 1975 read with clause 2 of the maharashtra private forests (acquisition) (amendment) ordinance, 1975 and that the land was jungle land as referred to in the mortgage .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798
..... down that, when there is no recognised union- who shall represent the dispute. such provisions are not available in the industrial disputes act. for the first time, such provisions have been provided for in the said act (mrtu & pulp act). therefore, chapter-iii in respect of the recognition of the union is only applicable to the unions which are working in an industry governed ..... has violated item-9. but we would like to point out that the said industrial orders act 1946 is not applicable to the corporation, since there is an exemption granted under section 13b of the industrial employment (standing orders) act, 1946, by notification dated 8th may 1957. in the result we find that the complainants and employees represented by the union has failed .....
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