Array
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    [0] =>  .....  the relevant paragraph of the apex court judgment reported in : [1999]236itr380(sc) (supra). paragraphs 6, 7, 8, 9 and 10 are reproduced below :para 6 : section 6 of the h.m.g. act reads as follows :6. the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's .....  of that mother had no right to bequeath the minor's property to defendant no. 1 anjanabai. the trial court also held that in view of section 8 of the hindu minority and guardianship act, the minor's property could not be sold without the previous permission of the court and, therefore, in the absence of permission being obtained from the .....  the conclusion that the gift deed dated 2.9.69 executed by the mother of ramesh sushilabai in favour of defendant no. 1 was void, as section 6 of the hindu minority and guardianship act specifically lays down that in respect of a minors the father is the natural guardian first during his lifetime and, thereafter, the mother would become the ..... 
    [1] =>  ..... quit, suchtermination cannot be said to be at theinstance of the employer to fall within thefirst part of the definition of retrenchmentin section 2(s) of the state act.'10. in these circumstances there is greatsubstance in the merits of the case of thepetitioner-company. the petitioner company is rightin ..... company. therespondent-workman therefore raised an industrialdispute demanding reinstatement with full backwagesand continuity of service. the state governmentreferred the industrial dispute under section 10(1)read with section 12(5) of the industrial disputesact, 1947 to the labour court for adjudication.both the parties completed their pleadings.according to the  ..... no force or coercionexercised on him. shri singh further submitted thatit was not the case of dismissal wherein section11(a) of the industrial disputes act would come intooperation to enable the labour court to have heldthat the resignation was a forced resignation andtherefore, grant of reinstatement without backwageswas the ..... 
    [2] =>  ..... the land of the buildings which have collapsed the persons who were occupying those buildings are entitled to be accommodated. the next provision of the act which is relevant is sub-section (3) of section 91 of the act. which reads as under:-- 91(3) where the whole building collapses or is rendered uninhabitable, or the board is of the opinion that ..... repair the building. but before the board could take steps to repair the building, the building collapsed. from the perusal of clauses (d) and (e) of section 76 of the act, it is clear that it is one of the duties of the board to acquire the land or dilapidated building for reconstruction of new building for the purpose  .....  to move the state government to acquire the property by putting up the proposal for reconstruction of the building thereon in compliance with its obligations under sections 91 and . 92 of the act. it may be pointed out there that the court by its judgment has held that if the owners do not come forward for construction of the ..... 
    [3] =>  ..... been held that the tribunal has the power and jurisdiction to grant interim reliefs, including in the nature of injunctions in view of section 10(4) of the act. section 33a of the act was intended to confer an additional and distinct benefit by permitting the workmen to make a complaint without requiring a reference in respect .....  respondent contended that the permission of the industrial tribunal should have been taken before the order of dismissal was passed. in the meantime, section 33 and section 33a of the act were amended with effect from 10th march, 1957. the amendment provided that where an employer intended to take action in regard to any matter ..... is an issue which the industrial tribunal will decide while considering the petitioners application for interim reliefs. there is nothing in the language of section 10(4) of the act that places such a limitation on the industrial tribunal while considering an application for interim relief. nor is there anything in the aforesaid judgments  ..... 
    [4] =>  ..... been completely wound up, provided, however, that such an injunction cannot be sought against a partner who has got the goodwill of the firm vide section 53. section 55 of the partnership act reproduced earlier, in fact, provides that in settling the accounts of a firm after dissolution, the goodwill shall, subject to the contract between the ..... in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this act.'clause (q) of section 2 defines 'registered proprietor' as follows:-'(q) 'registered proprietor', in relation to a trade mark, means the persons for the time being entered  .....  carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the indian contract act, 1872 such agreement shall be valid if the restrictions are reasonable.'it is, therefore, clear from the above provisions, it is clear that  ..... 
    [5] =>  ..... the petitioner, the petitioner appeared before the competent authority. the competent authority on 8.4.1985 confirmed the draft statement and final statement was issued under section 9 of the act. this order of 8.4.1985 was carried in appeal by the petitioner before the appellate authority unsuccessfully and the appellate authority on 9.8.1991  ..... un build able land is required to be kept as open space and has to be treated as land appurtenant. the petitioner filed a statement under section 6(1) of the act of 1976 in respect of the said land. a joint inspection was carried out by the authority concerned and as per the computation by the competent .....  the second contention, even the learned counsel for the respondents did not dispute that the application made by the petitioner for exemption under section 21 and in the alternative under section 20 of the act of 1976 deserves to be considered despite the fact that final statement has been notified. as there is no controversy on this aspect, ..... 
    [6] =>  .....  force that where the legislature intended to provide representation on sub-committees it did so expressly. he invited our attention to section 5a and the section 30 of the bombay provincial municipal corporation act, 1949. section 5a provides that in the seats to be filled in by election in the corporation, there shall be seats reserved for persons .....  the plural 'committees' here as it was in conjunction with the word 'societies' in plural and not the word 'society' in the singular.8. section 2(7) of the act defines 'committee' as under:-'committee' means the committee of management or board of directors or other directing body, by whatever name called, in which the ..... court involves the same question. our decision on the main question will therefore also govern the outcome of the proceedings before the industrial court.3. section 73bb of the act reads as under:-'73-bb reservation of seats for employees on committees of certain societies.-(1) on the committee of such society or class of  ..... 
    [7] =>  .....  possessed by the petitioner have been mentioned in the petition.9. the petitioner stated that the term molasses was defined in clause (28) of section 2 of the act. clause (28) of section 2, as it originally stood, reads as under:-'molasses means the heavy, dark coloured viscous liquid produced in the final stage of the manufacture .....  of mumbai municipal corporation, and the laboratory opined that the samples conform to the standard of black jaggery (molasses) as defined in clause (28) of section 2 of the act.32. it was also stated that contempt petition was dismissed by the learned single judge of this court. review petition was also rejected. according to the  ..... of jaggery seized, places of registration of offences and the courts where complaints were filed. it was stated that the offences were registered under sections 65(f) and 70 of the act. according to the deponent, therefore, release of seized goods would be covered by the relevant provisions of the code of criminal procedure and the ..... 
    [8] =>  ..... (99) s.t.c. 222, ruled that the indian railways, represented by the controller of stores, is a dealer within the meaning of section 2(11) read with section 2(5-a) of the bst act liable to pay sales tax on the sales of unserviceable materials, scrap-iron etc. effected by it by public auction. the railway accepted this ..... second appeal no. 632 of 1994 before the tribunal. it was argued before the tribunal that in view of explanation to the term 'dealer' under section 2(11) of the bst act the liability of the applicant is restricted only to the sales of scrap of discarded materials and that it is not legally liable to pay tax on .....  being satisfied with the aforesaid judgment of the tribunal chose to prefer reference application raising three questions for being referred to this court for decision under section 61(1) of the bst act. those questions are reproduced hereinbelow for immediate reference:(a) whether on the facts and in the circumstances of case and on true and correct interpretation of ..... 
    [9] =>  .....  consumed by the consumer having been well explained and settled by the decision of the division bench and even the exception referred to in sub-section (6) of section 26 of the said act being specified to the cases where there is a dispute regarding the correctness or functioning of the meter, once the record reveals that the bill ..... a grievance has to be made to the electrical inspector after issuing 7 days' notice in advance as is required under the provisions of sub-section (6) of section 26 of the said act and if the inspector holds that the meter was defective or there was mistake in ascertaining the units of electricity consumed by the consumer on  ..... the amount which was due pursuant to such calculation which was demanded under the bill dated 16th january, 1998, there was no case for dispute under section 26 of the said act, and for the same reason, restrictions imposed upon the respondents to claim consumption for six months prior to the date of the complaint regarding mal-functioning ..... 
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