Court : Mumbai Nagpur
..... complex, nagpur. 7. admittedly, the petitioner is neither manager nor having ultimate control over the affairs of said establishment. the establishment has been defined in section 2(8) of the act, 1948, which runs as under : ""establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theater, or other place of public ..... the present writ petition is not whether the petitioner could be employer within the meaning of section 58 of the act, 1948. the prime question in the present petition is whether the petitioner could have been prosecuted for the breaches committed by the establishment i.e ..... is received by the inspector or until he ceases to be a director or shareholder." 6. if we strictly go by the parameters given in section 58 of the act, 1948 for determination of employer, it is possible that the petitioner could fall under definition of "employer". however, the question for determination in .....
Tag this Judgment!Court : Mumbai Nagpur
..... different provision and has nothing to do with forfeiture of the property seized from a person accused of commission of offence against the 1972 act. insofar as section 39(1) (d) of the 1972 act is concerned, it provides that every vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has ..... extensively considered the statutory provisions and approved the view of the full bench of the high court that deletion of sub-section (2) and its replacement by sub-section (3a) in section 50 of the 1972 act had no effect on the powers of the court to release the seized vehicle during the pendency of trial under the ..... that the seized article was, as a matter of fact, used in the commission of offence. this court said: ..... any attempt to operationalise section 39(1)(d) of the act merely on the basis of seizure and accusations/allegations, levelled by the departmental authorities would bring it into conflict with the constitutional provisions and would render .....
Tag this Judgment!Court : Mumbai Nagpur
..... the case of new india assurance co. ltd. vs. asha rani and others reported in (2003) 2 scc 223, interpreting the proviso to section 95(1) of the 1939 act and section 147 of the 1988 act, their lordship observed that there is a provision for compulsory coverage against the death or bodily injury to any passenger of public service vehicle . it ..... , on the case put forward by the claimant, whether the deceased could be understood as a workman coming within the workmen's compensation act, 1923. therefore, on a plain reading of section 147 of the act, it appears to be clear that the insurance company is not liable to indemnify the insured in the case on hand . 14. ..... death of son of the owner of motor cycle while driving the vehicle. it was observed thus: by taking an 'act policy', the owner of a vehicle fulfills his statutory obligation as contained in section 147 of the act. the liability of the insurer is either statutory or contractual. if it is contractual its liability extends to the risk .....
Tag this Judgment!Court : Mumbai Nagpur
..... for the purposes of inheritance in respect of a property owned by a mohammedan female or male, like one which exists under the provisions of sections 8 and 15 of the hindu succession act, prescribing different modes of succession to the property of a hindu male and female. the property of a mohammedan female dying intestate will, therefore ..... that if gulam nabi, gulam haider. gulam mohammed and johrabee are to be treated as uterine brothers and sister, then the principle of son taking double portion under section 65 of residuaries, does not apply. the position is conceded that in such eventuality, johrabee will be entitled to a share equal to that of her uterine brothers ..... definition of uterine brothers and sister, they are the real sons and daughter of sharifanbee. according to him, they will fall in the category of residuaries under section 65, and both the courts below were right in holding that the principle of son taking double portion, is attracted. he submits that the real sons and .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: This appeal is directed against the judgment and award dated 24.11.1998 passed by Motor Accident Claims Tribunal, Yavatmal in M.A.C. No.38/92, whereby the tribunal awarded compensation in the sum of Rs.3,21,000/- inclusive of No Fault Liability claim on account of death of one Chandrashekhar Shete caused in motor vehicular accident occurred on 17.09.1991 involving motorcycle and a truck. 2. The deceased, with a pillion rider, was proceeding on his motorcycle from village Ladkhed to Yavatmal. The truck owned by respondent no.1 and driven by respondent no.2 while coming from opposite direction dashed against the motorcycle. This resulted in instantaneous death of Chandrashekhar. He left behind him a widow and two minor children aged five and one year respectively. The deceased was serving as Assistant Field Officer with Maharashtra State Seeds Corporation Ltd., Yavatmal and was drawing total emoluments of Rs.3230/-. The appellants claimed compensation of Rs.12,00,000/- on ...
Tag this Judgment!Court : Mumbai Nagpur
..... kerala .v. tara agencies (reported in 2007(6) scc 429), phrases manufacture, production, processing are construed in the light of provisions of section 35b of the income tax act. the respondent-assessee had claimed entitlement to weighted deduction being a small scale exporter and it was disallowed by income tax officer. the appellate ..... achieved thereby redundant, therefore, should be avoided. in this background, his contention when there is no gazette notification under clause (h) of section 2(ii) of payment of wages act as ampc is not other establishment as required by clause (f), provisions of model standing orders cannot be extended to its employees. 7. ..... attracted only when the model standing orders are found applicable and not otherwise. he submits that as interpretation of clause (f) in definition section 2(ii) of payment of wages act, 1936 in impugned judgment is unsustainable, said clause has no application. 5. after reading out relevant definition, the learned counsel has .....
Tag this Judgment!Court : Mumbai Nagpur
..... dated 6.4.1955? if yes. whether the courts below were right in casting the negative burden on the appellants? 3] whether section 23 of the hindu succession act imposes a restriction on a female heir to demand partition of a house property? if yes, whether the original plaintiff can enforce a partition in respect of ..... who is coming before the court with a case that the registered partition deed dated 6-4-1955 was not real, genuine but was nominal and not to be acted upon. he, therefore submits that once the partition deed is proved it is for the plaintiff to establish the case with which he has come before the court. ..... questions of law:- 1] whether both the courts below were justified in holding that the partition deed dated 6.4.1995 was nominal, not real and genuine, since not acted upon by the parties? 2] whether the burden of proving the existence of joint family was on the original plaintiff, especifically on the face of the registered partition deed .....
Tag this Judgment!Court : Mumbai Nagpur
..... in chargesheet is insufficient to proceed against a quasi judicial officer. 41. the contention that the department had remedies like sections 154, 246 and section 267 of the said act for the alleged default or acts or omission of commission by respondent no.1 is not very relevant at this stage. the internal mechanisms of audit ..... . in respect of other concern viz. girdhar handlooms house again there are similar narrations. there was also a survey operation under section 133a of the income tax act, 1961 (for short the said act ), was carried out on 6.3.1987. ultimately, it shows two stock registers impounded by respondent no.1 revealed total closing ..... jurisdictional error or perversity. 11. learned counsel points out that statutory provisions like section 154 which permits rectification of errors, section 246 about appeals and section 263 which even permit cognizance to be taken in suomotu revision existing in income tax act and it is not the case of the petitioners that same were even looked .....
Tag this Judgment!Court : Mumbai Nagpur
..... motor vehicles and bodies or tankers built or meant for mounting on chassis of motor vehicles. (emphasis supplied). the motor vehicle as defined under motor vehicles act, 1988 under section 2(28) reads thus:- motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from ..... motor lorries and chassis of motor vehicles and bodies or tankers built or meant for mounting on chassis of motor vehicles. conjoint reading of section 2(1)(i) and section 3(1) of the act makes it abundantly clear that the purchase value of motor vehicle means not of the value of only the chassis but of the entire ..... of seeking exemption on the ground that the chassis would be meaningless unless body is attached to it. by considering the provisions of section 3 of the andhra pradesh motor vehicles taxation act, the apex court also refers to the meaning of word use in the oxford dictionary and observed thus:- to make use of as .....
Tag this Judgment!Court : Mumbai Nagpur
..... the period specified in the certificate. 10. we have already noted that there is no challenge to the scheme or constitutional validity of any provisions of 1958 act in this petition. section 3[2] or [3] thereof contemplate motor vehicles not used on any ground or then not kept for use in the state. vehicles rendered incapable ..... motor vehicle not capable of being used is expressly dealt with in this provision. these provisions are squarely for the purpose of environment tax levied under section 3a of the 1958 act. contention that a motor vehicle which has become scrap or cannot be used or factually has not been used, cannot be treated as a motor vehicle ..... is not relevant. moreover, we have already noted that the motor vehicle rendered unfit on any count is also subjected to bombay motor vehicles tax act, 1958 and definition of motor vehicle in section 2(2b) therein needs to be understood in this backdrop. 14. in madhukar balkrishna badiye and others .vrs. state of maharashtra and others ( .....
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