Court : Mumbai
Decided on : Jun-16-1989
Reported in : 1991(1)BomCR429
..... regulations as well as the service regulations are both framed by the respondent no. 1 board in the exercise of its statutory power under section 79(c) of the electricity (supply) act, 1948.24. turning to the seniority regulations, their perusal do not show that there is any express provision therein which would how that ..... it has to be seen that the seniority regulations are independently framed by the respondent no. 1 board in exercise of its power under section 79(c) of the electricity (supply) act, 1948. however, in interpreting the seniority regulations and in understanding them, recourse will have to be taken to the recruitment regulations, which deal ..... regulations, which are statutory in nature as they are framed by the respondent no. 1 board in the exercise of its powers under section 79(c) of the electricity (supply) act, 1948. from regulation 3 onwards the general principles relating to seniority are given in the said seniority regulations. the basic criteria of seniority .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-19-1989
Reported in : 1989(2)BomCR367; (1989)91BOMLR219; [1989(59)FLR441]; (1990)ILLJ98Bom
..... . of india ltd. v. management staff association, : (1970)iillj590sc . here again, the discussion was with reference to the definition of 'workmen' under section 2(s) of the industrial disputes act and further the discussion was with reference to the different types of work of the supervisor and a person employed in a technical capacity. however, there is ..... naturally he would be excluded from the definition of 'employee'. since an employee alone could file an application under section 79 read with section 78 of the bir act, after giving a notice under section 42(4) of the said act, an application filed by a person other than an employee would have to be dismissed.5. in support of ..... the said application practically on the sole ground that the respondent was not an employee within the meaning of that term to be found in section 3(13) of the bir act. in particular, it was contended on behalf of the company that the respondent was a person employed in a supervisory or in a technical capacity .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-1989
Reported in : AIR1989Bom362; 1989(2)BomCR533; (1989)91BOMLR252
..... 3rd share has no interest in the remaining 2/3rd property. suppose in this case the partnership were dissolved and after making payments in accordance with section 48 of the partnership act , the leasehold interest is left as the residue of the assets of the firm, how will the tenancy be divided the answer is; ' ..... not have the same rights as the transferor. the transferee is by the statutory provisions merely entitled to receive the share of profits of the transferring partner (section 29(1) - partnership act , ) implying thereby that the transferring partner has a distinct and defined interest in the profits. but the firm may be dissolved, or as in ..... prohibition against such transfer or assignment is subject to two exceptions(i) the contract between the landlord and tenant may permit such assignment or transfer - section 15(1) - bombay rent act . (ii) the state government may be notification in the official gazette permit the transfer of interest in the premises held under such leases or .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-1989
Reported in : 1990ACJ523
..... could or could not claim compensation as a result of the death of the deceased tukaram anant kadave, it was pointed out by mr. hegde that section 110-a of the motor vehicles act provides that only legal representatives of the deceased or the injured persons have the right to claim the compensation. according to him, under ..... distributed amongst the persons for whose benefit the application is made are dealt with by section 110-a and section 110-b of the motor vehicles act and to that extent the provisions of the motor vehicles act do supersede the provisions of the fatal accidents act, 1855 in so far as motor vehicle accidents are concerned. these provisions are not ..... section 8 of the hindu succession act, legal representatives are the persons, who fall in the first category of the heirs, namely, wife, sons, daughters and mother. if there are heirs falling .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-21-1989
Reported in : 1989(2)BomCR619; (1989)91BOMLR629
..... in the election process itself.60. it was also argued by the learned advocate-general and other learned counsel that there is an alternative remedy available under section 16 of the said act by way of an election petition. in the present case, the remedy was of no avail, as the process of election was cancelled before the declaration ..... no. 1. a reference to the relevant rules is required to be made at this stage.42. in the provisions appearing in chapter ii of the said act, clause (g) of section 1 provides:-'every meeting shall be presided over by the mayor, if he is present at the time appointed for holding the same, and if the office of ..... no. 2-aurangabad municipal corporation. the declaration of the petitioner as mayor shall be deemed to be from the month of may 1989 for the purposes of section 19 of the bombay provincial municipal corporations act, 1949. no order as to costs.62. at this stage, shri s.a. deshmukh, learned advocate appearing for respondent no. 5 and some other .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-29-1989
Reported in : 1989(24)LC431(Bombay); 1989(43)ELT265(Bom)
..... explanation to the notification defined base yarn to mean yarn falling under sub-item ii(i)(a) of item 18 of the first schedule to the central excises and salt act, 1944. item 1811(i)(a) relates to man-made filament yarn, non-cellulosic, other than textured. it is not in dispute that the poy with which we are here concerned .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-30-1989
Reported in : [1989]180ITR609(Bom)
..... liability being subsequent, it could be satisfied only after the previous creditors were paid. this is directly in contravention of the provisions of sub-section (3) of section 178 of the income-tax act. both these findings are thus perverse.14. mr. shelat, the learned advocate for the respondent, urged before us that when the petitioner came ..... officer would be sufficient to provide for any tax which is then, or is likely thereafter to become payable by the company. sub-section (3) of section 178 of the income-tax act prohibits the liquidator from parting with any assets of the company or the property in his hands until he has been notified by the ..... patently erroneous.22. what was contended before us by mr. shelat is that the income-tax appellate tribunal having rejected the prayer for reference under section 256 of the income-tax act, the remedy was still available to the petitioner to approach the high court. that remedy not having been followed, we should not exercise the extraordinary .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jun-30-1989
Reported in : (1990)(45)ELT581Tri(Mum.)bai
..... bench 'b' of this tribunal at delhi have granted adjournment, on the ground that the matter is under consideration of the government for issue of a notification under section 11c of the central excise act.5. heard shri mondal, the learned sdr. he contended that there is no violation of principles of natural justice, because of the fact that enough opportunity was ..... direction for furnishing the bank guarantee for this amount instead of cash deposit is in view of their submission that the government, is considering waiver of recovery of duty under section 11c. on furnishing the bank guarantee as above, there shall be stay and recovery of the duty and penalty amounts from all the three applicants.the applicants are granted eight .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-03-1989
Reported in : [1991]70CompCas850(Bom)
..... , the contention of the petitioner is not different from what it was before the arbitrator as well as the revenue appellate tribunal and that contention is founded on section 176 of the contract act read with clauses 5 and 10 of the hypothecation agreement as at annexure 'a' to the writ petition. the contention in summary is thus : that the ..... operative societies, tumkur, who, by his order dated april 18, 1983 in dispute no. 37 of 82-83 upheld the contention of the bank in terms of section 176 of the contract act read with clause 5 and clause 10 of the agreement of hypothecation as at annexure 'a' to the petition that the bank had a right to seize the ..... of the loan advanced notwithstanding the fact that payment of dues to the co-operative society/ bank is a matter, recovery of which is provided for under section 70 of the co-operative societies act, by way of dispute in the specified manner, thereby excluding any other method available to a co-operative institution? 4. so far as the first .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-05-1989
Reported in : 1989(24)LC240(Bombay); 1989(43)ELT225(Bom)
..... against the interim order passed on 19th july 1988 in the respondents' writ petition. the learned single judge, upon a prima facie interpretation of section 11a(3)(ii)(b) of the central excises and salt act, entertained doubts as to whether the collector could have issued the show cause notice that is impugned in the petition. accordingly, he restrained further ..... respect to the delhi high court, we are of the view that an examination of the provision by this court is required. it will be seen that sub-section (1) of section 11a, which invests the officer with the power to issue a show cause notice, invests him with the power to do so within a stated time 'from the ..... has come and gone is, therefore, a sine qua non of the valid exercise of the power conferred by sub-section 1. the definition of 'relevant date' appropriate to the present case is contained in sub-section (3)(ii)(b) of section 11a. where, as here, excise duty has been provisionally assessed, it is the date of adjustment of duty .....
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