Court : Mumbai
Decided on : Jun-12-2003
Reported in : 2003(4)BomCR489
..... duties of the petitioners vis a vis those of the said employees, the industrial court while dismissing the complaint filed under section 28 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, failed to address itself to the said issue and the complaint has been rejected solely on the ground that the ..... note of the said grievance of the petitioners in their complaint, the industrial court has proceeded only to decide the issue pertaining to the applicability of the act of 1946, without addressing itself to the issue as to whether the duties performed by the petitioners are identical to those of the other employees and whether the ..... were neither paid the salary as per the service conditions those are applicable to the employees of the kohinoor mills though the service conditions were governed under the act of 1946, nor they were paid the salary on par with the ntc scale even though they are entitled for the said scale otherwise applicable to the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-23-2003
Reported in : 2003(4)ALLMR496; 2004(1)BomCR120; [2005]124CompCas728(Bom); [2003]47SCL80(Bom)
..... and voting either in person or by proxies had agreed to the compromise or arrangement.29. the expression 'member' is defined in section 41 of the act. sub-section (1) of section 41 provides that the subscribers of the memorandum of a company shall be deemed to have agreed to become members of the company and ..... date, 1st december, 2001 : (a) the undertaking of the transferor shall stand transferred to and vested in the transferee in pursuance of the provisions of section 394 of the companies act, 1956; and (b) all the debts, liabilities, duties and obligations of the transferor shall stand transferred to the transferee;(ii) from the effective date ..... a result of the scheme of amalgamation, the undertaking of parke-davis (india) ltd., stands transferred and vested in pfizer ltd. pursuant to the provisions of section 394 of the companies act, 1956, as a going concern with effect from 1st december, 2001, the appointed date.the transferor & transferee :2. pfizer, the transferee, was incorporated .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-2003
Reported in : II(2004)ACC759; 2004ACJ896; 2004(2)BomCR781; 2003(4)MhLj742
..... if any passed ultimately against the appellant.10. this court is of the firm view that this amount deposited in view of first proviso to sub-section (1) of section 173 of the act or in accordance with the rule 12a of the rules can never be treated as an amount towards the satisfaction or even partial satisfaction of any decretal ..... to dispose of the same when the appeal will be entertained and decided on merits or otherwise.8. the word 'entertain' used in first proviso to sub-section (1) of section 173 of the act is the word around which the decision of the present application would depend. word 'entertain' is explained by the supreme court in its decision reported in : ..... shall lie against any award of a claims tribunal if the amount in dispute in the appeal is less than ten thousand rupees.' 4. from sub-section (1) of section 173 of the act it is clear that the first proviso thereof makes its imperative that the amount as contemplated in the said proviso should be paid with the appeal memo. .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-2003
Reported in : 2003(4)ALLMR855; 2004(1)BomCR191
..... of central bank of india ltd. v. p.s. rajagopalan and others, reported in : (1963)iillj89sc .8. the proceedings having been initiated under section 33-c(2) of the said act what is primarily to be seen is whether the claim made by the applicants/employees in the application is based upon the existing right or not. in ..... employees in the employment of the corporation, the decision of the industrial court in complaint (ulp) no. 560 of 1987 was binding upon the corporation. section 29 of the mrtu and pulp act clearly establishes the corporation to be the successor of the said hospital, and therefore the liability of the corporation cannot be disputed and hence, the labour ..... employee, who are the petitioners in writ petition no. 1716 of 2000 filed an application, bearing no. 1111 of 1997 before the labour court under section 33-c(2) of the said act. in the said proceedings the corporation was shown as the respondent no. 1 and the hospital as the respondent no. 2. the respondents in the said .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-09-2003
Reported in : 2003(4)BomCR598
..... and secondly, this map does not show that it is a certified map. what will be a certified map of a public document is defined in section 76 of the indian evidence act, 1872 and according to it,'every public officer having the custody of a public document, .............shall give that person on demand, a copy of it ..... notice and notice in the government gazette, had auctioned the forest produce in the suit land which was given on contract to the sub-contractor and who had acted under the contract and this was sufficient to hold that the plaintiffs were not in possession. he also contended that since the prayer for declaration of ownership was ..... the suit property. then the plaintiffs made enquiry and came to know that the original defendant no. 3 had advertised the sale of the forest produce and this act of the government and contractor was illegal and, therefore, the plaintiffs filed the suit for a declaration that they are exclusive owners in possession of the immovable property .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-29-2003
Reported in : AIR2003Bom318; 2003(3)ALLMR406; I(2004)BC43; 2003(6)BomCR82; 2003(4)MhLj44; [2004]50SCL97(Bom)
..... when they cannot maintain bank's self-determined minimum balance. the aforesaid prayers are sought in view that rbi is regulatory authority for the banks under section 35-a of the banking regulation act, 1949 and it has authority to decide interest rates and banking policy in the interest of public and depositors.2. mr. m.b. kotak ..... is the act to consolidate the law relating to banks and to provide nature of transactions that can be carried on by the banks in india. since the entire thrust of the petitioner's argument is based on sections 5(ca) which defines banking policy and section 35-a that deals with the power of rbi, we ..... and fiscal expertise. the experts who are qualified to address the issue relating to interest rate on bank deposits take into consideration the norms and parameters suggested in section 5(ca). on matters affecting policy and those requiring expertise, the court should show deference to interfere unless such policy is contrary to statutory provisions, arbitrary or .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-30-2003
Reported in : 2003(2)ALD(Cri)9; III(2003)BC613; 2003BomCR(Cri)1713
..... for enhancing punishments for the offenders and finally, it is said that the bill seeks to achieve the above object. 19. after section 142 of the principal act, section 143 has been inserted, which runs as under : 'section 143 : power of court to try cases summarily (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 ..... petition no. 534 of 2003 has filed a private criminal complaint (scc no. 100 of 1999) on 16.2.1999 for offence punishable under section 138 of the negotiable instruments act. the same is pending before the chief judicial magistrate, aurangabad and practically ripe for hearing. 8. the petitioner in criminal writ petition no. 535 ..... writ petition no. 43/2003 has filed a private criminal complaint (rcc no. 409 of 1989) on 1.9.1989 for offence punishable under section 138 of the negotiable instruments act. now this case is renumbered as scc no. 975 of 1996, which is pending before the chief judicial magistrate, aurangabad and practically ripe for .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-19-2003
Reported in : AIR2004Bom362; 2004(2)ALLMR369; IV(2004)BC181; (2006)3CompLJ253(Bom)
..... chooses for his endorsements, promotion, advertising or other affiliation. such type of restriction extending beyond the tenure of the contract is clearly hit by section 27 of the contract act and is prima facie void. how can percept bind zaheer khan after completion of the contract to not to accept any offer for his endorsements ..... have held that neither the test of reasonableness nor the principle that the restraint being partial or reasonable are applicable to a case governed by section 27 of the contract act, unless it falls within the exception. the law commission in its thirteenth report has recommended that the provision should be suitably amended to ..... the right to enter into an agreement with such third party.'4. the statutory provision pertaining to agreement in restraint of trade as contained in section 27 of the contract act reads thus:27. agreement in restraint of trade void.--every agreement by which anyone is restrained from exercising a lawful profession, trade or business .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-24-2003
Reported in : 2003(4)ALLMR817; 2004(1)BomCR529
..... guards, was that the supervisory power given to the government of maharashtra under the dominion of section 8 clause 4 of the act is for the purpose of enhancing the scheme and provisions of the act and cannot be used in derogation of the provisions of the act and the scheme. according to the learned counsel, requiring fulfilment of certain physical standard for ..... standard is itself void being ultra vires to the powers of section 8(4) of the act. this argument is only to be noted for being rejected. the scheme is the creation of the act. the act gives power to issue directions for enhancement, implementation etc. of the provisions of the act and the scheme then framed gives certain powers to the board ..... (4) to the board created by the scheme. there is no manner of doubt that provisions of section 8(4) of the act are wide enough to exercise certain powers. what has been done by the government resolution dated 9-5-2002 is directing the board to implement the physical standard mentioned .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-24-2003
Reported in : 2003(3)ALLMR25; 2003(5)BomCR58; 2004(1)MhLj856
..... affect the freedom of speech and expression of the petitioner under article 19(1)(a) of the constitution. they go beyond the parameters prescribed under sub-section (1) of section 5b of the cinematograph act, 1952. accordingly, we allow this petition and set aside the impugned order passed by the fcat and direct the respondents to issue 'u' certificate ..... directed that the slogans be deleted. the second deletion is from a speech of a dalit leader bhai sangare. this shri sangare is seen giving a speech after explosion of the atomic device by india. the speech records anguish of the speaker on the device being exploded on the day of buddha jayanti. the speaker says that ..... bomb or the comment on the hindu gods will disrupt public order. in his submission, this is not something which is permissible even under sub-section (1) of section 5-b of the act which lays down the principles for guidance in certifying the films.13. as far as the addition is concerned, mr. sebastian submitted that this was .....
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