Court : Mumbai
Decided on : Aug-07-1989
Reported in : (1989)91BOMLR922; [1990(60)FLR318]; (1990)IILLJ430Bom
..... not be a person falling under any of the four clauses, i.e. (i) to (iv) mentioned in the definition of 'workman' in section 2(s) of the act. the class of teachers was regarded as not falling within the definition of 'workman' because imparting of education which was the main function of teachers cannot ..... or clerical, but some in one category, other in other category. thus, nature of his duties are within the four categories mentioned in section 2(s) of the industrial disputes act.'8. the learned single judge after quoting extensively from the evidence of the two witnesses examined was inclined to make the following observations :'now, ..... act. with regard to the category of district engineers, it was observed that their duties consisted of assessing suitability of sites for depots from the point of view of the technical and engineering aspects, suggesting lay-outs for construction of depots or service stations, etc. and he also gave certificate as required by the inspector of explosives .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-27-1989
Reported in : 1990(2)BomCR70
..... the defendants contended that they being halba koshtis by caste have been notified as a schedule tribe. as such, as laid down under sub-section (2) of section 2, the provisions of the act of 1956, have no application. the parties are governed by old hindu law as well customary law. they further contended that the plaintiff in ..... the meaning of clause 25 of article 366 so as to attract the exception as provided in sub-section (2) of section 2 of the act of 1956.11. the parliament as provided under clause 2 of article 342 passed the act of 1976. as per the preamble, it is enacted to provide inclusion or exclusion in the ..... specified in relation to them for the purposes of exception as provided under sub-section (2) of section 2 of the hindu succession act, 1956 (hereinafter referred to 'the act of 1956) ?b. the scheduled castes and scheduled tribes order (amendment) act of 1976 (hereinafter referred to the act of 1976) being a declaratory statute, operates retrospectively ?2. the plaintiff .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-15-1989
Reported in : 1989(1)BomCR625; 1989MhLJ538
..... .with very great respect, i see no reason to disagree with this view. the ingredients of a contractual tenancy and a deemed tenancy, contemplated by section 4 of the tenancy act, do vary at least to a significant extent. a deemed tenancy postulates absence of a contractual tenancy at the time when deemed tenancy is pleaded. ..... his contractual tenancy in the tenancy court, cannot turn around and contend that if not contractual tenancy, at least a deemed tenancy arising out of section 4 of the tenancy act should be held proved. this court has held that if this plea is accepted by the tenancy court, after having negatived the contender's plea ..... & bounds and, as will be presently pointed out, this position will prevail whether it is a contractual tenancy or a deemed tenancy within the meaning of section 4 of the tenancy act.8. three question that inexorably arise in the petition, therefore, are :-(a) whether a valid, recognisable and identifiable tenancy could spring into existence in respect .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-13-1989
Reported in : 1989(23)LC505(Bombay); 1989(43)ELT401(Bom)
..... ordinary course of business, he ordered that the prices charged by dawn mills to their dealers or distributors should bet taken as the wholesale cash price within the meaning of section 4. accordingly, the demands upon the petitioners were upheld.7. the petitioners preferred appeals which were disposed of the appellate commissioner of central excise on 30th january 1976. he ..... to have special financial interests in the petitioners' business transactions. the transactions were not at arm's length. though they appeared to be wholesale, they were not so under section 4. the prices charged by dawn mills to various wholesale dealers alone could be the basis for the purposes of assessment of the duty. the petitioners were required to show ..... 1. this writ petition concerns the application of section 4 of the central excises and salt act, 1944, as it stood prior to the amendment which came into force on 1st october, 1975.2. the petitioners are a subsidiary company of m/s. dawn mills co. ltd. .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-13-1989
Reported in : 1990(1)BomCR310; (1989)91BOMLR869
..... the plaint. i will like to refer to the definition of 'member' and 'associate joint member' as contemplated by the maharashtra co-operative societies act, 1960. the relevant provision is section 2, sub-section 19(a) and (b), which is as under :---'2. (19)(a) 'member' means a person joining in an application for the registration ..... :---'held, that on 19-5-1988 when section 4, of the benami transactions (prohibition) act, 1988 came into force, the appeal by special leave challenging the judgment of the high court was pending. the hearing of appeal under ..... before the supreme court as an appeal by special leave challenging the judgment of the high court. the question was whether in such a circumstance section 4 of the benami transactions act, 1988 can be made applicable to the transaction mentioned in the said litigation pending before the supreme court. the supreme court held as under .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-27-1989
Reported in : AIR1989Bom392; 1989(3)BomCR106; (1989)91BOMLR518; 1989MhLJ320
..... . 3, 1986 to amend the bye-laws. the petitioner society objected and thereupon the registrar by letter dt. july 23, 1986 threatened to take action under section 14 of the act , which enables the registrar to compel the spcoetu to amend the bye-laws. respondent 5, in the meanwhile, commenced construction work for raising a multi-storeyed building ..... no society shall be registered, the registration of which may be contrary to the policy directives which the state government may from time to time issue. section 12 of the act demands that the registrar shall classify all societies into one or other of the classes of societies and also into such sub-classes as may be ..... the registrar has issued a fiat compelling the petitioner's society to amend the by-laws without satisfying whether the necessary ingredients for exercise for powers under section 14 of the act are in existence. a reference in this connection to the decision of division bench dt july 2nd, 1981 in writ petition. no. 3555 of 1980 .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-1989
Reported in : 1990(1)BomCR612; (1989)91BOMLR389
..... made in relation to such an establishment having factories in different states. we fell that the point relating to the jurisdiction of the controlling authority under section 3 of the act does not really arise.'the aforesaid observations confirming the earlier decision of the madras high court clearly supports the petitioner company's case. the petitioners ..... as is done by both the lower authorities. in support of this calculation the learned counsel also drew my attention to the recent amendment to section 4(2) of the gratuity act of 1972 wherein the legislature has clearly amended the said provisions. as per this amendment in order to arrive at the figure of daily wage ..... lost sight of the fact that for deciding the issue of appropriate government, one has to follow the definition under the section 2(a) of the said act and the definition of appropriate government under section 2(a) is in relation to establishment and the ownership or control of the company over the said establishment is of .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-16-1989
Reported in : AIR1990Bom204; 1989(2)BomCR460; (1989)91BOMLR398; 1989MhLJ935
..... for a limit to a member's share holding stating that the limit of holding of shares by an individual member shall be according to the provisions of section 28 of the act and within this limit, every member shall be allotted share to the extent of one-tenth of the total cost of the flats allotted to him. every ..... levy of stamp duty on the certificate of enrolment of an advocate is a purely taxation measure or whether it is a part of the conditions prescribed by section 24 of the act which an advocate must satisfy before he becomes entitled to practise. if the requirement of the payment of such a duty is a condition precedent to the conferment ..... notwithstanding that the assets of the society consist wholly or on part of immovable property. when we read clause (ii) of the sub-section (2) of section 17 with clause (a) of section 42 of gujarat co-operative societies act, 1961 we find that the language, used in both is in pari material. it is clear therefore that the intention of the legislature .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-28-1989
Reported in : 1989(2)BomCR261; (1989)91BOMLR587
..... the context, object, legislative intent and the user of particular terminology. even in this context if it is attempted to apply to general clauses act the section would reduce itself almost to irrational meaning suggesting that no central government or any authority authorised by the central government shall make any order except with ..... negativing the contention raised by shri mehta in that behalf. the collector's authority is apparent while the non application of the provisions of section 2 of the said act is equally apparent. the reasons, therefore, need not be restated. the representation and the promise flows out of various events and documents commencing ..... limitations occurred and the rights of the parties are extinguished. the next plank of his argument relates to the provisions contained in section 2 of the forest (conservation) act which prescribes as:section 2 : 'notwithstanding anything contained in any other law for the time being in force in a state, no state government or .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-13-1989
Reported in : 1989(2)BomCR311; (1989)91BOMLR852; 1989MhLJ727
..... against the petitioner karkhanis also.in my judgment, the view taken by the appellate court is erroneous since the expression 'subject to the provisions of this act' occurring in section 14(2) does not manifestly have the import given to it by the learned judges of the appellate bench, for such construction would practically nullify the ..... gets full protection from eviction, as the decree passed against the tenant/licensor is not binding on him. the expression 'subject to the provisions of this act' in section 14(2), however, indicates that such protection is not absolute as it is always permissible for the landlord to seek the eviction of such tenant under ..... on the ground that bharucha has obtained other residential accommodation, dismissed it against the petitioner karkhanis holding that he has become a deemed tenant under section 15-a of the act. the appellate court however, while fully agreeing with the finding of the fact recorded by the trial court, took the view that whatever right, .....
Tag this Judgment!