Court : Mumbai
Decided on : Sep-19-2003
Reported in : (2004)IILLJ313Bom
..... parties on the issue of condonation of delay and held against the appellant refusing to condone the delay in filing of the application under section 77 read with section 75 of the act seeking to challenge the aforesaid 3 orders of the respondents.4. the learned judge has held that the appellant had miserably failed to give ..... the respondents had instituted criminal proceedings against the appellant before the judicial magistrate on april 2, 1999, april 3, 1999 and april 5, 1999 under section 85 of the act for non-compliance of the aforesaid 3 orders requiring him to pay the amounts of contributions thereunder and as the subject matter in respect of coverage ..... against the appellant refusing to condone the delay. the appellant's main ground for condonation of delay was the pendency of the criminal proceedings under section 85 of the act in respect of the same subject matter.7. there is no dispute that these three criminal proceedings were instituted by the respondent/corporation against the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-2003
Reported in : 2004(3)ALLMR177; 2004(1)BomCR759
..... were proved and after hearing the respondent, his services came to be terminated. the respondent thereupon filed an application to the labour court under sections 78 and 79 of the said act which was contested by the petitioner. during pendency of the said application before the labour court, the respondent came to be acquitted in criminal ..... driver since september, 1991. he was involved with an accident on 24th april, 1994 which caused the death of a pedestrain. he was prosecuted under section 279 read with section 304a of the indian penal code for the said accident and the death of a pedestrain. on 8th june, 1994, the respondent was charge-sheeted ..... called as 'the said act', and has directed reinstatement of respondent no. 1 with continuity in service however without payment of backwages.3. the impugned order is sought to be challenged on the ground that the appellate authorities, merely on the basis that the respondent was acquitted in criminal prosecution under section 304-a of the indian .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-15-2003
Reported in : 2003(3)BomCR781
..... summary manner, both the defendants are entitled to unconditional leave to defend the suit. the learned counsel appearing for the plaintiff relies on the provisions of section 19 of the indian contract act and following judgments:-i. judgment of the allahabad high court in the case of gaya prasad and others v. babu ram and another : air1928all387 ; ..... payment made by the drawer will not extend the period of limitation as against the acceptor.4. now, the relevant provisions are section 19, and sub-section (2) of section 20 of the limitation act. they read as under:-19. effect of payment on account of debt or of interest on legacy.-where payment on account of a ..... period of limitation gives a fresh period of limitation. perusal of the provisions of sub-section (2) of section 20 of the limitation act shows that the purpose of the provisions is to explain what is contained in section 19 and sub-section (2) of section 20 in terms lays down that if one of the several persons liable makes payment, .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-24-2003
Reported in : (2006)205CTR(Bom)28; [2006]284ITR463(Bom)
..... at the relevant time:1. whether the tribunal was right in holding that the entire head office expenditure of rs. 21.07 lakhs was allowable under section 37(1), as section 44c of the income-tax act was not applicable in the case of the assesseefacts:2. the assessee is a foreign bank. on july 23, 1984, the assessee filed its return of ..... person employed in, managing the affairs of, any office outside india; and(d) such other matters connected with executive and genet administration as may be prescribed.6. section 44c was inserted by the finance act no. 66 of 1976, with effect from june 1, 1976, because foreign companies operating through their branches in india used to inflate head office expenses in order .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-2003
Reported in : 2003(6)BomCR219
..... the amount assured. if the lic, for any reasons fails, or is incapable of making the stipulated payment the guarantee by the government of india under section 37 of the lic act can be enforced. it is further seen that the creation of the pension fund flows from the socio-economic obligation of the state and its instrumentalities under ..... insurance, in this case, we are satisfied that it is in substance a contract of insurance on the life of the assessee and therefore rebate under section 15(1) of the act is admissible on the premium payable as per the annexure a of the statement of the case during the minority of the assessee.'23. another point that ..... comparable to other kinds of investments because contracts of insurance entered into by the life insurance corporation are backed by the government guarantee which is provided by section 37 of the lic act, 1956. by providing that the investment is made in a manner which ensures the safety of the fund and the payment of an annuity the rules .....
Tag this Judgment!Court : Mumbai
Decided on : May-02-2003
Reported in : 2004(2)BomCR332; 2003(3)MhLj544
..... court the question is for consideration was regarding two comprehensive expressions 'additional accommodation' and 'personal use' which were found in sub-section (3) of section 11 of the kerala building (lease and rent control) act, 1965. the apex court while interpreting the said expression observed as follows in para 8 :para 8 : 'now, what is ..... by material consideration. the principle noscitur a sociis demands that words must take colour from words with which they are associated. reading of section 41 of the presidency small cause courts act, 1882 shows that it is equally applicable to proceeding between 'a licensor and a licencee' or 'a landlord and a tenant' ..... dwarkadas mehra, : air2001bom470 , wherein a division bench of this court had an occasion to consider the terms 'licencee' which is used in section 41 of the presidency small cause courts act, 1882 and the division bench had held that the word 'licencee' did not contemplate a gratuitous licencee, but on the contrary it included .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2003
Reported in : 2003(3)ALLMR488; 2004(1)ARBLR212(Bom); 2004(1)BomCR307
..... be so, can it be contended that the claim barred by limitation can be the subject matter of an award by the arbitral tribunal. under section 43 of the act, the limitation act, 1963 shall apply to arbitrations as it applies to proceedings in court. in other words, the claims which are barred by limitation before the courts ..... , or the terms of the contract results in violation of public policy is totally untenable. the contention that the arbitrator has awarded amounts contrary to section 55 of the contract act cannot be a matter of public policy.'13. a perusal of the judgment in hindustan petroleum corporation limited (supra), would show that those were the ..... the requirement of giving reasons. any other manner of reading the expression to give reasons would defeat the mandate of law as contained in section 31(3) of act of 1996. parliament, under the act of 1996, has mandated the tribunal to give reasons unless the parties themselves agree that no reasons can be given. therefore, every award .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-15-2003
Reported in : 2004(2)ALLMR115; 2004(2)BomCR111
..... should not have confined the compensation for termination of employment to a maximum of average pay for three months under the proviso to sub-section (1) of section 25-fff of the industrial disputes act. the contention is that the winding up of the bank was not due to unavoidable circumstances beyond the control of the directors, because ..... in council v. shriomani sugar mills limited, reported in a.i.r. 1946(33) f c 16, and after taking note of the provisions of section 171 of the companies act, 1913, wherein similar provision is to be found with the expression 'other legal proceedings' and which was the subject matter of interpretation in the said shriomani ..... the impugned order contending that the action on the part of the bank is in violation of the provisions of the industrial disputes act, 1947, hereinafter called as 'the i.d. act', and more particularly section 25-f, the liquidator of the said bank in writ petition no. 2046 of 2003 has challenged the impugned judgment and award .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-10-2003
Reported in : 2004(1)ALLMR384; 2004(2)BomCR47; (2006)5CompLJ271(Bom)
..... first offered to the existing members, in the manner provided in the articles. such clauses has a statutory recognition under clause (iii) of sub-section (1) of section 3 of the companies act, 1956. similar clause is also sometimes found in a conveyance whereby vendee or the purchaser of the property agrees to resell it to the ..... to consider whether the negative stipulation contained in paragraph no. 14 of the 1993 agreement being in restraint of trade was void under provisions of section 27 of the contract act. the supreme court noted that in england in earlier times, all contracts in restraint of trade, whether general or partial were void but the ..... learned counsel for the respondents contend that clause no. 31(b) of the promotion agreement dated 1st november, 2000 being in restraint of trade is void under section 27 of the contract act. they strongly rely upon the judgment of the supreme court in niranjan shankar golikari v. century spinning and mfg. co. ltd., reported in : (1967 .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-10-2003
Reported in : 2003(2)ALLMR64; 2003(3)BomCR858
..... again under taken the same exercise for the same purpose.9. moreover, the m.r.t. clearly stepped outside the well-established parameters of its jurisdiction under section 76 of the act by interfering with the concurrent findings of fact which were not vitiated by any error of law or perversity. indeed, the courts below have rightly followed the ..... the appellate court observed that the a.l.t. who had dropped the proceedings had wrongly presumed that the suit property is covered under the provisions of section 88-b of the act. section 88-b exempts lands which are property of the trust, including a public trust registered under the bombay public trusts ..... s.a. bobde, j.1. this petition is by tenants or agricultural land whose rights to purchase the land under section 32-g of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as the 'act') have been interfered with by the maharashtra revenue tribunal (for short the 'm.r.t.') by remanding the proceedings to the tahsildar .....
Tag this Judgment!