Array
(
    [0] =>  ..... associate advocate general, that the apex court did accept that there was a provision for the agencies giving better service conditions to seek exemptions under section 23 of the said act. it is also clear from the apex court judgment that though the exemption was meant for the security guards, it was permissible for the  ..... employment and welfare and for establishment of a board and matters connected therewith.15. the learned judge thereafter referred to various sections of the act. it was noted that in view of section 1(4), the act applied only to security guards engaged through agents or agencies. after referring to the definitions of 'employer' and 'security guards ..... of whole time workmen. (iii). wherever there is no such prohibition of employment of contract labour, the contractor concerned has to obtain a licence under section 12 of the said act. he has to abide by the welfare and health measures which include canteens, rest rooms, drinking water, urinals, first aid facilities, etc. as  ..... 
    [1] =>  ..... following situation as rendered on the record of the trial court:(i) admittedly it is a case of non-scheduled injury and hence section 4(1)(c)(ii) of the workmen's compensation act.(ii) the claimant deposed himself to have suffered total loss of earning capacity because he was required to take help of crutches even ..... see the definition of qualified medical practitioner as given in the workmen's compensation act.this terms has been defined in section 2(i) which reads as follows:2(0qualified medical practitioner' means any person registered under any [central act, provincial act, or an act, or an act of the legislature of a [state]] providing for the maintenance of a  ..... admitted this appeal on 7-9-1998. it is seen that substantial question of law as required by section 30 of the workmen's compensation act has not been framed.it is seen that first proviso to sub-section (1) of section 30 reads as follows:30.provided that no appeal shall lie against any order unless a substantial question ..... 
    [2] =>  ..... would be useful to extract relevant portions of the judgment to find out as to what apex court has exactly held. after analysing the provision of section 138 of the negotiable instruments act and sections 177 and 179 of the code of criminal procedure, the court observed as under in paragraphs 14 to 16 of the judgment:14. the offence  ..... five different localities (by) one of the courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence under section 138 of the act. in other words, the complainant can choose any one of those courts having jurisdiction over any one of the local area within the territorial limits of which .....  be read in this background. the apex court must not be understood to have held that question of jurisdiction in a proceeding for offence punishable under section 138 of n. i. act is utterly irrelevant, or that there is absolutely no restriction on the choice of place of suing. these observations have to be read in the context ..... 
    [3] =>  ..... three submissions. the first contention is that the three transferor companies are registered outside india and no indian court has jurisdiction over them; sections in the indian companies act are silent about involvement of a foreign company; the second and third transferor companies have no authority to merge and as far as  ..... same envisages amalgamation and vesting of companies properties and assets, more so, with companies outside mauritius.6. he places reliance upon section 390 of the companies act and the definition of the term ''company' appearing therein.7. mr. tulzapurkar, learned senior counsel appearing for petitioner has invited my attention to .....  section 2(7) of the companies act which defines 'body corporate' or 'corporation' and reads thus:2(7). 'body corporate' or 'corporation' includes a company incorporated outside india  ..... 
    [4] =>  .....  that both the accused were found in joint possession of hashish found with them. both the accused also made extra-judicial confessions which were recorded under section 67 of the act. the evidence produced by the complainant was more than sufficient to bring home the charge against the accused. both the accused were rightly convicted by the .....  assistant collector of customs, as stated by him, and, therefore, there was no necessity of the said information having been written down as required under section 42(2) of the act, though the same appears to have been done as a routine procedure normally followed by the officer of the complainant. it is certainly not to be .....  the recovery of the stated quantity of hashish from the two accused. the learned special judge also came to the conclusion that the statements recorded under section 67 of the act, were voluntary and which came in aid to further establish the case against the accused and, by the examination of p.w.2/fatima noronha, warehouse ..... 
    [5] =>  .....  v. national rayon corporation ltd (supra) is considered & distinguished in : air2003bom15 -- s.r. kothari v. south mumbai consumer disputes redressal forum. while considering consumer protection act (68 of 1986), section 30 & expression 'to appear' in rule 4(7) and 8(7) of 2000 rules permitting appearance by opposite party or its authorised agent, it has been held that .....  in a case which was tried by a court subordinate to the high court. the question was answered in the affirmative and reliance was placed upon section 4, legal practitioners' act, which lays down that 'an advocate or vakil enrolled on any high court shall be entitled to practice in all courts subordinate to the court on ..... the position of a supreme court advocate who wants to avail himself of the right of practicing in any high court in india in terms of section 2, supreme court advocates act is he to exercise the right only as a supreme court advocate and in accordance with the rules which the supreme court itself had laid  ..... 
    [6] =>  .....  the opinion that the claim submitted to nse is therefore, not barred by limitation and is maintainable.sub-section (4) of section 2 of the arbitration act reads as under:2 (4) this part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as ..... in prosecuting the complaint made before the chairman, national stock exchange, is liable to be excluded. but still in view of the provisions of sub-section (3) of section 43 of the act the respondent no. 1 is entitled to an order from this court for extension of time to make reference because according to the learned counsel, .....  and that last payment was made on 23-9-2003. the learned counsel submits, by pointing out the provisions of sub-section (4) of section 2 of the arbitration act, that the provisions of the limitation act are not applicable to the arbitration held under the bye-laws of national stock exchange and therefore, the period of limitation would ..... 
    [7] =>  ..... period.(3) a divorced muslim woman who has not remarried and who is not able to maintain herself after the iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such divorced .....  1st questioni) whether the muslim husband's liability under section 3(a) of the muslim women act to make a reasonable and fair provision and pay maintenance is only restricted to the iddat period or whether it extends beyond the iddat period?answer ..... v. shehnaz karim shaikh reported in 2000(3) mh.l.j. 555 the full bench of this court has considered the provisions of the muslim women act along with the provisions of sections 125 and 128 of the criminal procedure code and answered issues in following terms:63. we will now summarise our answers to the questions, raised before us:the ..... 
    [8] =>  ..... the same do not automatically become applicable to the establishment concerned. steps have to be taken to amend the existing standing orders in accordance with section 10 of the act. until such steps are taken to amend the existing standing orders to bring them in conformity with the amended model standing orders, the amended .....  orders which are finally certified before 15.1.1959 i.e. before coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957 in accordance with section 2a. where the standing orders are subsequent to 15.1.1959, the model standing orders would apply automatically without any amendment to the certified standing .....  orders are less advantageous to the workmen than the certified standing orders referred to in the proviso to sub-section (1). 7. sub-section (2) was introduced by the industrial employment (standing orders) maharashtra amendment act, 1974 published in the gazette on 21.11.1974. this amendment was brought into force on 2.10. ..... 
    [9] =>  ..... ) can also be treated as an application as per new provision. whatever that may be, if the petitioner has right now, after deletion of sub-section (3) of section 166 of m.v. act, he may apply under chapter xii, but so far as his application under chapter x is concerned, that has to be treated as an existing application .....  application, this petition of the present petitioner, has therefore, to be allowed.7. the learned advocate for the petitioner also stated that since now sub-section (3) of section 166 of the m.v. act has been deleted, the petitioner gets rights to apply under chapter xii and, therefore, he should be given liberty to do so. he also contended  ..... at one hand, prescribed procedural law for fixing compensation after discharging burden of proof. on the other hand the application under chapter x i.e. under section 140 of the m.v. act did not require any proof to be given by the applicant because it was summery inquiry for fixing no fault liability being a part of social beneficial ..... 
)