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Judgment Search Results Home > Cases Phrase: damodar valley corporation act 1948 part v miscellaneous Court: mumbai Page 1 of about 7 results (0.078 seconds)

Nov 08 1960 (HC)

Servants of India Society Vs. Charity Commissioner of Bombay

Court : Mumbai

Reported in : AIR1962Bom12; (1961)63BOMLR379; ILR1961Bom381

..... central acts to which my attention was invited are the co-operative societies act (ii of 1912), the red cross societies act (xv of 1920), the cantonments act (ii of 1924), the bar councils act (xxxviii of 1926), the medical councils act (xxvii of 1933), the damodar valley corporation act (xiv of 1947) and the employee's state insurance act (xxxiv of 1948). ..... the bombay co-operative societies act (vii of 1925) as well as the bombay non-trading corporations act (xxvi of 1959) also contain ..... amin, learned counsel appearing on behalf of the appellant-society, contends that all societies registered under the societies registration act would be corporations or, at any rate, quasi-corporations; and since the society's objects are not confined to this state, only parliament can pass legislation about it by virtue of entry 44, list i -union list, of the seventh schedule, ..... necessary to mention that what is challenged before me is not the vires of the act but that part of its which defines the expression 'public trust'. ..... application being miscellaneous application ..... judgment, societies registered under the societies registration act are neither corporations nor quasi-corporations but are unincorporated societies contemplated under the second part entry 32 of the state list. ..... amin further contends that the second part of entry 32 dealing with unincorporated societies or associations refers to wholly different legal bodies and the two entries cannot be ..... of the state list, is divided into two parts. .....

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Jul 04 1986 (HC)

Shaliabi Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1987Bom67; 1986(3)BomCR86; (1987)89BOMLR45

..... attention was invited by shri jaiswal, the learned assistant government pleader for the state, to the case of damodar valley corporation v. ..... damodar valley is an inter-state river-valley regulated by a statutory corporation exempt under act ..... that nothing in this section shall entitle the state government to call for the record of any enquiry or proceedings of a declaration or part thereof under s.21 in relation to any land unless an appeal against such declaration or part thereof has been filed within the period provided for it, the possession of such land has not been taken under sub-s.(4) of s. ..... last chapter viii dealing with miscellaneous matters contains the revisional jurisdiction ..... land shall, whit effect from the date on which the possession thereof is taken as aforesaid be deemed to be acquired by the state government for the purposes of the act and shall accordingly vest without further assurance and free from all encumbrances in the state government. ..... to 21 (both inclusive) for the purpose of satisfying itself as to legality and propriety of any enquiry or proceedings (or any part thereto) under those sections and may pass such order thereon as it deems fit after giving the party reasonable opportunity of being heard ..... kamble, : [1975]3scr885 which considered the point as to whether amendments made to the principal act after its inclusion in the 9th schedule could receive the protection of the said schedule on the ground that they were ancillary or incidental to the ..... of 1948. .....

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Jul 15 2015 (HC)

Employees State Insurance Corporation, Through its Deputy Regional Dir ...

Court : Mumbai Goa

..... by this appeal under section 82 of the employees state insurance corporation act, 1948 (the act of 1948, for short), the employees state insurance corporation (corporation, for short) is challenging the judgment and order dated 10/09/2007 passed by the employees' state insurance court (esi court) in esic case no.7 of 2005. ..... it appears that the respondent was in receipt of the letter dated 23/02/2004 from the corporation, directing them to comply with the provisions of the act of 1948 with effect from 02/07/1977. ..... and giving a reasonable opportunity of being heard; the regional provident fund commissioner usually takes into consideration the number of defaults, the period of delay, the frequency of default and the amounts involved; default on the part of the employer based on plea of power-cut, financial problems relating to other indebtedness or the delay in realization of amounts paid by the cheques or drafts, cannot be justifiable grounds for the employer to escape liability; there is no period of limitation ..... union of india (1998 (2) scc 242), this court dealt with the power to recover damage under sections 14-b of the employees' provident funds and miscellaneous provisions act, 1952 (in short the 'provident fund act'). ..... it is submitted that the legal position was ultimately settled by the decision of the hon'ble supreme court in the case of damodar mangalji and co. vs. .....

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Dec 03 1992 (HC)

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Reported in : 1993(2)BomCR329

..... repeated once again, to wit--'nonetheless special consideration may apply where the defendant is shown to have been guilty of fraudulent or unconscionable behaviour, especially where he has not been misled by the undue delay on the part of the plaintiff; for the ultimate question in all cases of undue delay is whether that delay has rendered the grant of particular specific relief unjust in all the circumstances, and in answering that question unconscionable ..... been put 'in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted'; and hence it is necessary to look both to 'the length of the delay and the nature of the acts done during the interval which might affect either party and causa balance of justice or injustice in taking the one course or the other, so far as relates to the remedy', and, it may be added, the extent to ..... . nonetheless special considerations may apply where the defendant is shown to have been guilty of fraudulent or unconscionable behaviour, especially where he has not been misled by the undue delay on the part of the plaintiff; for the ultimate question in all cases of undue delay is whether that delay has rendered the grant of particular specific relief unjust in all the circumstances, and in answering that ..... agricultural income-tax act, 1948, the supreme ..... . munchershaw on 28-6-1951 applied to the bombay municipal corporation (bmc) for permission to put up a structure on the ..... in miscellaneous .....

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Jan 29 2014 (HC)

Employees State Insurance Corporation, Through Its Regional Director V ...

Court : Mumbai Goa

..... by making such contentions and also by contending that stevedoring work is intermittent and seasonal work the respondent, establishment prayed for setting aside the orders, communications made by the corporation with regard to the coverage, with regard to the finding given on overtime and with regard to the contribution which the respondent was asked to pay. 10. ..... this court has seen the schemes of indian dock labourers act, 1934, dock workers (regulations of employment) act 1948, dock workers (safety, health and welfare) act, 1986 with scheme of 1961 and also the regulations of 1990 and rules like dock workers (regulations of employees) rules, 1962. 18. ..... in short, the facts leading to the institution of appeal can be stated as follows: on 29/06/1998, one inspector of insurance office of the appellant, corporation visited the office premises of present respondent situated at pereira chamber, vasco-da-gama and he inspected the record of the employees of the respondent. ..... the circles mapusa and calangute in taluka bardez;vi) newspaper establishments as defined in clause (d) of section 2 of the working journalists (conditions of service) and miscellaneous provisions act, 1955 (central act 45 of 1955).4. ..... this case was cited to support the decision of insurance court which is to the effect that the employees working in port need to be treated as different group and not part of the establishment created at vasco-da-gama. .....

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Apr 22 1977 (HC)

Shantilal Ambalal Mehta Vs. M.A. Rangaswamy

Court : Mumbai

Reported in : (1977)79BOMLR633; 1977MhLJ587

..... his radia's flotilla club near chowpatty, this court declined to interfere as it was found that there was an appeal provided under the provisions of section 217 of the bombay municipal corporation act and the decision of the appellate authority, namely, the chief judge of the small cause court was further liable to be challenged in an appeal to the high court under section 218d of the said ..... territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them,-(a) for the enforcement of any of the rights conferred by the provisions of part iii; or(b) for the redress of any injury of a substantial nature by reason of the contravention of any other provision of this constitution or any provision of any enactment or ordinance or any order, rule, regulation, bye ..... of article 226(3), in a case where an alternative adequate remedy is provided under the provisions of the; income-tax act, the writ jurisdiction cannot be invoked to challenge the notice of the kind challenged by the petitioner in miscellaneous petition no. ..... court on a notice being issued to them under the provisions of the employees' state insurance act, 1948, threatening that action would be taken against the petitioners under the provisions of the employees' state insurance act, 1948. ..... has been caused to a person by the supposed denial to him of a particular right.the test of prejudice was also applied by this court in damodar v. s.e. .....

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Apr 05 2006 (HC)

Ganesh Bank of Kurundwad Ltd. and ors. Vs. Union of India (Uoi) Throug ...

Court : Mumbai

Reported in : 2006(4)BomCR60; [2006]131CompCas614(Bom)

..... of rbi including the manner in which the approval of the governor of rbi was obtained on 9th january 2006 though he was abroad and the statement in para 4(v) in the affidavit dated 14th february 2006 of ms.sudha damodar, general manager of rbi to the following effect:-on 9th january 2006 the respondent no.1 considered the said application and taking into consideration the unconditional offer made by respondent no.4 took its decision to amalgamate the petitioner ..... the sanction accorded by the central government under sub-section (7), whether before or after the commencement of section 21 of the banking laws (miscellaneous provisions) act, 1963 (55 of 1963) shall be conclusive evidence that all that requirements of this section relating to reconstruction, or, as the case may be, amalgamation have been complied with and a copy of the sanctioned scheme certified in writing by an officer of ..... wednesbury corporation 1948 (1) ..... paid-up capital of the bank is so low, namely rs.1.82 crore, its gross npas are at higher level (8.04%), its networth had turned negative and the net loss is rs.5.97 crores, there was nothing wrong on the part of the rbi to expect an appropriate plan of capital augmentation. ..... -1) notwithstanding anything contained in the foregoing provisions of this part or in any other law or any agreement or other instrument, for the time being in force, where it appears to the reserve bank that there is good reason so to do, the reserve bank may apply to the central government .....

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