Court : Mumbai Nagpur
..... (2003) 6 scc 220, the apex court observed,....the dispute between the parties was eminently a civil dispute and not a dispute underthe provisions of companies act. section 9 of the code of civil procedure confers jurisdiction upon all civil courts to determine all disputes of civil nature unless the same is barred under a ..... the defendant no1. society was dealing in business of sugarcane for various purposes and the transaction was touching the business of society and, therefore, section 164 of the act was applicable. the lower appellate court also considered the submissions advanced in this regard based upon facts pleaded in the plaint and the defence on ..... had no jurisdiction to entertain the suit in this case as it was instituted against the cooperative housing society without compliance of requirements contained in section 164 of the act of 1960. the suit was instituted without presuit statutory notice and no waiver was established before the civil court; the suit therefore was correctly .....
Tag this Judgment!Court : Mumbai Nagpur
..... fact that the appellants were claiming deemed confirmation/permanency which declaration the tribunal thought it could not give in an appeal filed under section 59 of the maharashtra universities act, 1944 and also on the interpretation of three government resolutions dated 22/12/1995, 22/05/1998 and 18/10/2001 which it ..... even net/set cleared lecturers were to get seniority over their net/set uncleared seniors. it is rather doubtful, whether this tribunal under section 59 of the maharashtra universities act, 1994 can condone anything and declare any appointee-employee as permanent or deemed confirmed employee, without such appointment in clear terms with in ..... university that statute 53 of the university is binding on the colleges which are recognized and affiliated to the university. in terms of section 81 of the maharashtra university act, 1994, the management has to comply with the provisions of the statutes and ordinances once they are granted recognition or affiliation, and therefore .....
Tag this Judgment!Court : Mumbai Nagpur
..... is concerned, the first appellate court held that the suit as filed was not within limitation. the first appellate court held that though the benefit of section 14 of the limitation act was available to the plaintiff, however the plaintiff could not get the benefit of the time spent by him in prosecuting the remedy before the labour ..... the plaintiff, is with due diligence, and bonafide. but the proceeding before the labour court cannot be said to be a civil proceeding as stated in section 14 of this limitation act. the time consumed in that court cannot be excluded."8. in the light of the substantial question of law framed the question, which arises for ..... consideration is whether the proceedings before the labour court can be said to be civil proceedings within the meaning of section 14 of the limitation act, 1963. on behalf of the appellant shri joharapurkar, learned counsel drew my attention to the judgment of the apex court reported in (2000) 5 .....
Tag this Judgment!Court : Mumbai Nagpur
..... has considered the provisions of model standing order and classification of workman as badli or substitute or casual workman. chapter 5a of the industrial disputes act and section 25j has been looked into, to conclude that the same will prevail notwithstanding in consistent with any other law including standing order. but then, if ..... relates to regularization in public employment and has no bearing on an award for reinstatement of a discharged workman passed by the labour court under section 11a of the act without any direction for regularization of his services. thus, again on facts interference in writ jurisdiction is found unwarranted. 25. hon. apex court ..... 17 of the impugned judgment. the daily wager is entitled to relief of reinstatement with continuity of back wages moment violation of provisions of section 25f of industrial disputes act is established. 5. he invites our attention to constitution bench judgment reported at 2005 (2) scc 673( centralboard of dawoodi bohri community and .....
Tag this Judgment!Court : Mumbai Nagpur
..... 07.1997. 10. the learned single judge has not looked into the contention of the present appellants that the appeal as filed before the tribunal under section 4[3] of the 1971 act was barred by limitation. the limitation of 30 days is provided vide amendment in the year 1986. the relevant amended portion reads no such appeal ..... in said enactment. therefore, a non existent reason has been assigned by the tribunal while allowing the appeal. 7. our attention is also drawn to section 4[3] of the 1971 act, particularly last sentence thereof added by way of an amendment, with contention that as the appeal has been filed after expiry of 30 days, the tribunal ..... government is found to be constitutionally obliged to provide necessary services to the residents of said area. 3. shri kalmegh, learned counsel states that as per section 4 (4)(3) of the 1971 act, appeal ought to have been filed within a period of 30 days, and there is no provision for condonation of delay. however, ignoring this position, .....
Tag this Judgment!Court : Mumbai Nagpur
..... reinstatement deserves to be accepted. perusal of its orders show that same are passed on an application for grant of interim relief moved under section 30 (2) of u.l.p. act. it is also clear that parties have not produced any evidence on merits to justify or to assail alleged termination. however in last ..... apparent that such an interpretation is not available because it then defeats the legislative intention in using both words like "means" and "includes" in section 3 (39) of the bra act. this interpretation introduces different concept for examining whether a person is or is not an employee in different establishments depending upon his service conditions in ..... it appropriate first to consider the question of basic pay. both learned counsel have taken recourse to definition of wages in section 3(39) to explain it. section 3 (13) of bombay industrial relations act, 1946 defines employee as under:"employee" means any person employed to do any skilled or unskilled work for hire or reward .....
Tag this Judgment!Court : Mumbai Nagpur
..... to the case of the petitioners. 21. admittedly, in the present case, the petitioners have not complied with the requirements of sub-section (2) of section 28 of the said act and the complaint to an appropriate authority with an intention to file the same has not been made. apart from this, there is another ..... the petitioners feels so, they can very well file a complaint to the appropriate authority in view of the provisions of section 190 read with section 200 of the criminal procedure code read with section 28 of the act. 29. insofar as the prayer clause (v) regarding direction to transfer the investigation to central bureau of investigation is concerned ..... centres etc., the authorities who are entitled to grant or refuse the registration, their functions, powers and duties, the offences and penalties. 18. section 28 of the said act provides that no court can take cognizance unless the complaint is made by the appropriate authority or any officer authorized in that behalf by the central .....
Tag this Judgment!Court : Mumbai Nagpur
..... firm or association determined in prescribed manner is also to be included in his net wealth. the procedure for determining value of assets is given in section 7(1) of the wealth-tax act. as per section 7(1), an asset is to be valued at the price, which it would fetch if sold in open market on the valuation date. this ..... includible in his net wealth even though firm was following cash system of accounting. the division bench of bombay high court has looked into the provisions of section 2(e) of the wealth-tax act, which defines assets ?. the judgment of the hon ble apex court reported at (1985) 152 itr 454 in commissioner of wealth tax vs. vysyaraju badreenarayana ..... and hence, the profits could not have been computed before said date. 8. as net wealth means the excess of assets over liabilities, he points out how section 7 of the wealth-tax act prescribes a procedure therefor. the rules have been framed for that purpose and the relevant rule is rule 2 of the wealth-tax rules, 1957. as per .....
Tag this Judgment!Court : Mumbai Nagpur
..... firm or association determined in prescribed manner is also to be included in his net wealth. the procedure for determining value of assets is given in section 7(1) of the wealth-tax act. as per section 7(1), an asset is to be valued at the price, which it would fetch if sold in open market on the valuation date. this ..... includible in his net wealth even though firm was following cash system of accounting. the division bench of bombay high court has looked into the provisions of section 2(e) of the wealth-tax act, which defines assets . the judgment of the hon ble apex court reported at (1985) 152 itr 454 in commissioner of wealth tax vs. vysyaraju badreenarayana ..... and hence, the profits could not have been computed before said date. 8. as net wealth means the excess of assets over liabilities, he points out how section 7 of the wealth-tax act prescribes a procedure therefor. the rules have been framed for that purpose and the relevant rule is rule 2 of the wealth-tax rules, 1957. as per .....
Tag this Judgment!Court : Mumbai Nagpur
..... a person without title, it is not open for lessee in a suit by his lessor against him to deny the lessor's title. (see, section 116 of the evidence act).11. the trial court as well as lower appellate court found existence of relationship of landlord and tenant between the plaintiff and defendant as rent paid ..... law relating to trust. furthermore, once defendant/tenant had tendered/paid rent to the plaintiff's wahiwatdar kishorbhai which was acknowledged, the tenant in view of section 116 of the evidence act is estopped from raising a plea that swami narayan mandir cannot bring a suit as landlord" of suit property." concurrent findings in this regard as to ..... the admission that the property belongs to the idol ?(iii). whether the land given for construction of pucca and permanent construction creates an irrevocable license under section 60 of the easement act, hence the notice of termination of the tenancy is not valid ?7. at the hearing of the appeal, due to change in legal position pursuant .....
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