Court : Mumbai
Decided on : Mar-30-1949
Reported in : (1950)52BOMLR23
..... such an agreement being made between an employer and employee, and much less to make such agreement illegal and prohibited by the payment of wages act. section 23 of the payment of wages act also in our opinion does not support the argument of the appellant. it only prevents an employee from contracting away his rights which are given ..... the appellant thereupon filed a petition before the high court for the issue of writs of certiorari and prohibition and for an order, in effect, under section 45 of the specific relief act.2. before the high court various contentions were raised by the parties but they were not all argued before us. it appears that before the high ..... ). he contended that the claim to payment of all the three kinds of bonus could not be considered because it violated the provisions of sections 20 and 23 of the payment of wages act, and any attempt to order payment of such bonus would be illegal and therefore could not be within the jurisdiction of the tribunal appointed .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-30-1949
Reported in : (1949)51BOMLR894
..... have no hesitation in repelling it. the argument on this point is based on the definition of the term 'employer' given in clause (g)(i) of section 2 of the act, which runs thus :'employer' means-(i) in relation to an industry carried on by or under the authority of any department of a government in british india ..... enactments was the registration and formation of trade unions and not for the purpose of defining the relations between the employers and the employees. section 28(k) of the amending act xiv of 1947 was enacted to prevent employers from interfering with the formation of trade unions and against preventing workmen from joining or helping in ..... issued by coyajee j. against the industrial tribunal to which a dispute between the western india automobile association and its workers had been referred under section 10 of the industrial disputes act, xiv of 1947.2. though a number of points were raised before coyajee j. and before the division bench, the principal question raised by .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1949
Reported in : AIR1950Bom55
..... v. golap bhagat 40 cal. 721: 19 i.c. 273 . the learned judge states at p. 771 that 'the theory of relinquishment is foreshadowed in the dayabhaga, chap. xi, section 1, para. 59, where jimutavahana laid down that the persons who would be the next heirs on failure of prior claimants, succeed to the residue of the estate remaining after ..... by a limited owner. and krishnan j. further points out that surrenders are effected for the purpose of defeating alienees, and because of this till the surrenderer dies, her acts could not be questioned by the surrenderee, and that according to the learned judge seems to be a just and equitable rule. if that is so, why not impose ..... or, to put it in other words, the widow constitutes an impediment or obstruction between the last full owner and the next full owner, and she by a voluntary act of hers removes that impediment by surrendering the whole of the estate which has come to her from her husband. the next decision of the privy council is rangasami gounden .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-06-1949
Reported in : 1950CriLJ491
..... . we set aside the acquittal and hold the respondent guilty of contravening the provisions of da. 3 (1) and 6 (2) of the foodgrains control order, 1945, read with section 7, essential supplies act and sentence him to a fine of esection 100. in default of payment he shall undergo one month's aiigoroua imprisonment. ..... embraces transactions with which we are concerned in this oabe. it was not necessary for the respondent to come to malkapur or anyplace in the buldana district to do business__the act of purchase and sale could be carried on by an agent on his behalf. in such a case the agent aa also the principal would require separate licences. the ..... .w. 3 at malkapur and khamgaon. the respondent was prosecuted for contravention of els. 3 (1) and 6 (2), foodgrains control order, 1945, read with 8. 7, essential supplies act.3. the accused (respondent) in his examination did not dispute the transactions of purchase and sale alleged by the prosecution. he stated that he did not go to malkapur and .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-12-1949
Reported in : AIR1950Bom127; (1949)51BOMLR1020
..... the proceedings.2. such a question has not arisen for determination either in england or in india for the simple reason that both under section 4, english arbitration act, and under section 19, arbitration act of 1899, a step in the proceedings taken 'at any time after appearance' disqualifies the defendant from applying for stay, with the result ..... may say so with respect, these observations, so far as they go, are unexceptionable; but they do not obviously cover some acts which unquestionably are steps in the proceedings. for example, the section itself, when it refers to 'before filing a written statement or taking any other steps in the proceedings', clearly indicates that filing ..... that it prevented the defendant from applying for a stay of the suit. section 34, arbitration act of 1940, which takes the place of section 19 of the act of 1899, omits the words 'at any time after appearance' and the relevant words of the section now are:'any party to such legal proceedings may, at any time .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-14-1949
Reported in : AIR1950Bom33
..... collector justified in proceeding to apprehend and confine the defaulter in a civil jail. he emphasised this point by referring to the recent amendment of section 13 of the act by section 2 of bombay act xlix [49] of 1947, which makes it clear that even in respect of sale of property belonging to the defaulter, only so much ..... under decrees passed against them. it was urged that the provisions of the civil procedure code should consequently be deemed to have been incorporated in the bombay city land revenue act. section 58, civil procedure code, provides that the maximum period for which a debtor may be detained in a civil jail shall be six months. it was, therefore, contended ..... . the income-tax authorities, therefore, wrote to the collector of bombay and asked him to recover the amount in the manner provided in section 46, income-tax act. sub-section (2) of this section empowers the collector to recover the amount as if it was an arrear of land revenue, or as if a decree for that amount .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-14-1949
Reported in : (1949)51BOMLR589
..... collector justified in proceeding to apprehend and confine the defaulter in a civil jail. he emphasised this point by referring to the recent amendment of section 13 of the act by section 2 of bombay act xlix of 1947, which makes it clear that even in respect of sale of property belonging to the defaulter, only so much of it ..... under decrees passed against them. it was urged that the provisions of the civil procedure code should consequently be deemed to have been incorporated in the bombay city land revenue act. section 38 of the civil procedure code provides that the maximum period for which a debtor may be detained in a civil jail shall be-six months. it was, therefore, ..... the income-tax authorities, therefore, wrote to the collector of bombay and asked him to recover the amount in the manner provided in section 46 of the indian income-tax act. sub-section (2) of this section empowers the collector to recover the amount as if it was an arrear of land-revenue, or as if a decree for that .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-20-1949
Reported in : (1950)52BOMLR25
..... central government or the provincial government requisitions or acquires any moveable property, the owner thereof shall be paid such compensation as that government may determine:section 154 of the government of india act, as adapted by the india (provisional constitutional) order, 1947, runs as follows: property vested in his majesty for purposes of the government ..... structures erected by the central government, of the total value rs. 3,50,000, was taken into account and the annual value under section 127(b) of the municipal act was determined at rs. 93,370. the respondents objected to this assessment before the chief executive officer of the appellants. the deputy executive ..... of the land and of the buildings which were constructed thereon before april 1942. those premises have been assessed to consolidated rates under section 127(6) of the calcutta municipal act. an assessment at the general six yearly re-valuation was made in 1938-39. unless re-valued in the interval that would remain .....
Tag this Judgment!Court : Mumbai
Decided on : May-06-1949
Reported in : (1949)51BOMLR906
..... .45. several other questions were argued in the case, namely, whether a pledgor can enter into a contract to the contrary against the provisions of section 176 of the indian contract act and can waive notice, or whether a sale by a pledgee of pledged shares without notice to the pledgor is a mere irregularity and cannot affect ..... these shares had every right to put them to sale and that the failure on his part to give notice to the official assignee as required by section 176 of the indian contract act was a mere irregularity which did not affect the title of the purchaser. the company accepted his decision, but the official assignee appealed against it. ..... of the trial court on that point. on the question whether nissim had waived the notice of the sale, if any such notice was required by section 176 of the indian contract act, the learned trial judge considered it unnecessary to record any finding. during the hearing of the suit in the trial court, counsel for the plaintiff intimated .....
Tag this Judgment!Court : Mumbai
Decided on : May-06-1949
Reported in : (1949)51BOMLR979
..... consists of certain shares in a private limited company and a fractional interest in a partnership business. illustration (iii) under clause (c) of section 12 of the specific relief act clearly shows that when shares are limited in number and are not ordinarily available in the market, it is quite proper to grant a decree ..... been made parties. as the plaintiffs in this case prayed ultimately for specific performance of a part of the contract in the manner contemplated by section 15 of the specific relief act and expressed their readiness to pay the entire consideration for 350 shares, the appellants are not prejudiced in any way.20. the fourth and ..... to defendants nos. 3 and 4 and their five annas share in the managing agency business on payment of the full consideration money as contemplated by section 15 of the specific relief act. by his judgment delivered on august 14, 1944, mr. justice sen negatived the various contentions of the defendants and substantially accepting the plaintiffs' .....
Tag this Judgment!