Court : Mumbai
Decided on : Jan-23-2003
Reported in : 2003BomCR(Cri)851; 2003(2)MhLj851
..... established on the basis of ca report which must state that the liquor in which he is dealing is illicit liquor. the definition of bootlegger is given in section 2(b) of the said act. as per the said definition 'bootlegger' means a person, who distils, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug ..... there. the stators and liquor were seized under panchanama and crime was registered against the detenue for offence under section 37(1) read with section 135 of the bombay police act and under section 66(1)(b) of the bombay prohibition act at chatushringi police station vide c.r. no. 3072 of 2002. the detenu came to be arrested on ..... was seized by the police under the panchanama. crime was registered under c.r. no. 6150/01 at chatushringi police station for offence under section 66(1)(b) of the bombay prohibition act. the detinue was arrested on 7/8/2001 and thereafter released on bail. in the said cr criminal case no. 707 of 2001 is .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-10-2003
Reported in : 2003(2)ALLMR569; 2003(4)BomCR102; 2003(3)MhLj273
..... termed as 'in default'. this shows the negligent attitude of the petitioners. even otherwise, in the opinion of this court, a dispute under section 91 of the maharashtra co-operative societies act, 1960, also could be said to be an alternate remedy available to the petitioners, and approaching this court at the last stage when the ..... where the state government is satisfied that, having regard to the objects of the society or class of societies (other than the societies specified by or under section 73g), or composition of membership thereof, or proper management and the interest of the members, it is necessary in the public interest to hold elections to any ..... personally and that they are holding proper receipts in proof thereof. however, the appeal which was filed under section 152(a) of the maharashtra co-operative societies act, 1960 (hereinafter, for the sake of brevity as the 'act'), was dismissed and the tenor of the order dated december 24, 2002, indicates that the same were dismissed .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-28-2003
Reported in : 2003(4)ALLMR117; 2003(3)ARBLR345(Bom); I(2004)BC443; 2003(5)BomCR844; 2003(4)MhLj810; [2003]46SCL678(Bom)
..... ltd.'s case (supra). that was the case where the court was considering the question whether the well-established principles of law incorporated in section 9 of the carrier act are applicable in a proceedings before the consumer disputes redressal agency, particularly the national commission. the court noted from the conspectus of views taken ..... regard to the judicial interpretation of the word 'suit', it is difficult to accede to the submission of the appellants that the word 'suit' in section 22(1) of the act means anything other than some form of curial process.26. apart from the semantic difference between the words 'suit' and 'proceeding' there is the ..... disclose these facts to the parties. if he fails to disclose these facts, then his award would be liable to be successfully challenged.3. section 12 of arbitration & conciliation act, 1996 provides that when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-25-2003
Reported in : 2004(1)BomCR201; 2003(4)MhLj619
..... to disclosethe existence of the employer-employee relationship between the parties so as togive jurisdiction to the industrial court to entertain the complaint under section 28 of the said act.8. in the case of the saraspur mills co. ltd. v. ramanlal chimanlal andors. (supra), the apex court while dealing ..... which can reveal that the canteen, wherein the petitioners were employed,formed 'ordinarily part of the undertaking' of the respondent no. 1. section 46of the factories act, 1948 provides that the state government may make rulesrequiring that any specified factory wherein more than 250 workers are ordinarilyemployed, a canteen or canteens ..... as part of theundertaking and, therefore, the petitioners are the employees of the respondentno. 1 considering the definition of the said expression under section 3(14) of thebir act. in spite of the fact that all the relevant statements disclosingjurisdictional facts in the complaint itself, the industrial court has illegallydismissed the complaint .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-07-2003
Reported in : (2004)ILLJ588Bom
..... and workers who are availing themselves of the subsidised transport facilities being, provided by the management. the management has also served notice under section 9-a of the i. d. act, is not maintainable.'the purported reasons stated hereinabove are no reasons but the conclusions of the desk i officer of the respondent no. ..... they further expected that as a bonafide industrial dispute existed between the parties, the-appropriate government would refer the same for adjudication under section 10(1) of the i.d. act. it further appears that when the conciliation officer abruptly closed the conciliation proceedings, the petitioner union and the workmen felt aggrieved by the ..... and issued a notice dated may 23, 2002 to the petitioner and the respondent no. 1 informing them that the conciliation proceedings under section 12 of the industrial disputes act would he held in his office on may 24, 2002. pursuant to the commencement of the conciliation proceedings the strike appears to have been .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-25-2003
Reported in : 2003(4)ALLMR657; 2004(1)BomCR744
R.M.S. Khandeparkar, J.1. Heard the learned Advocates for the parties. Perused the records.2. The petitioner challenges the judgment and order dated 16-8-2000, passed by the Industrial Court, Mumbai in Appeal (IC) No. 169 of 1994 whereby the Industrial Court has set aside the quantum of punishment and has directed reinstatement of the respondent No. 2 in the services of the petitioner, however, directing the payment of wages from the date of his joining pursuant to the order of the Industrial Court. It is not in dispute that pursuant to the said order passed by the Industrial Court and consequent to failure on the part of the petitioner to secure stay of the said order, the respondent No. 2 has already been reinstated in the services and he continues to be in service of the petitioner.3. Few facts relevant for the decision are that the respondent No. 2 herein was charge-sheeted under the Standing Order Nos. 20(i) and 20(r) in relation to an incident which had occurred on 27-8-1990 in a...
Tag this Judgment!Court : Mumbai
Decided on : Jun-12-2003
Reported in : 2003(3)ALLMR828; 2004(1)BomCR451; (2003)IIILLJ268Bom; 2003(4)MhLj752
..... 5, 9 and 10 and particularly items 5 and 9. the complaint was, therefore, maintainable. in our considered opinion, as the case is not covered by sub-section (1) of section 21 of the act, the complaint filed by the workers was maintainable. the first contention, therefore, has no force and is rejected.13. the second preliminary objection was that though the ..... indulging in unfair labour practice. a court has to consider such complaint and to pass an appropriate order.19. there is yet another provision, which is material. section 29 of the act declares the parties who are bound by an order of the court. it inter alia states that in the case of an employer who is a party to the ..... and keeping in view the underlying object, the court held that a person who had ceased to be in service could yet be a 'workman' as defined in section 2(s) of the act.31. speaking for the court, chagla, c.j. observed:'now, the definition of 'workman' does not indicate that the workman must be employed at a particular .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-2003
Reported in : [2004(101)FLR88]; (2004)IILLJ519Bom
..... shall take steps by suitable legislation or in other ways to have participation of the workers in the management of the undertaking, establishments or other organisations. section 73-bb of the act reads as follows:'73-bb: reservation of seats for employees on committees of certain societies.(1) on the committee of such society or class of ..... in supervisory and managerial capacity and their basic wages exceed rs. 1,000/- p.m. therefore, they are not the employees within the meaning of section 3(13) of bir act and as such they are not entitled to represent the employees on the board of directors. the application for interim relief was rejected by the industrial court ..... nominated petitioner nos. 2 and 3 as employee directors on the board of directors of the respondent no. 4 bank in accordance with the provisions of section 73-bb of the act and communicated their names to the election officer as well as the bank. the bank, however, refused to accept the nomination made by the petitioner .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-16-2003
Reported in : I(2004)ACC539; 2003(4)ALLMR302; 2004(2)BomCR462
..... set out in sub-section (2) of section 149 of the act. in this appeal, by the insurance company, the substantial grounds are :(a) that the subject accident did not involve the jeep (trax) and it was in fact ..... . shri upadhye, the learned counsel appearing for the insurance company, submitted that the multiplier ought to have been between 8 to 11 as per the schedule provided under section 163-a of the act.however, in view of the decision of the apex court in the case of national insurance company ltd. (supra), this ground of challenge is not available to the ..... , reported in a.i.r. 2002 s.c.w. 3899, a three judge bench of the apex court has laid down the parameters governing an appeal filed under section 173 of the act at the instance of the insurance company and it has been, inter alia, held that the said appeal could be filed only on any or more of the grounds .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-18-2003
Reported in : 2003(4)ALLMR675; 2003(6)BomCR310
..... civil procedure, 1908. in the instant matter, the proceedings are initiated on the basis of the application moved by the present respondent-husband under section 13(1)(b) of the hindu marriage act, 1955, and, therefore, according to shri mundra, the matter has to be as far as possible dealt with in accordance with the procedure ..... will have to be read in consonance with the provisions of the family courts act and also hindu marriage act. shri bhide, learned advocate, contended that sub-section (3) of section 10, of the family courts act, 1984, states that : nothing in sub-section (1) or sub-section (2) shall prevent a family court from laying down its own procedure with ..... 3. it is also pertinent to observe that in the proceedings, initiated by the respondent-husband, under section 13(1) of the hindu marriage act, 1955, an application was moved by the petitioner-wife under section 24 of the act for maintenance which was allowed on 8th april, 2002. since the amount of maintenance could not be .....
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