Court : Mumbai
Decided on : Aug-07-1989
Reported in : (1989)91BOMLR922; [1990(60)FLR318]; (1990)IILLJ430Bom
..... not be a person falling under any of the four clauses, i.e. (i) to (iv) mentioned in the definition of 'workman' in section 2(s) of the act. the class of teachers was regarded as not falling within the definition of 'workman' because imparting of education which was the main function of teachers cannot ..... or clerical, but some in one category, other in other category. thus, nature of his duties are within the four categories mentioned in section 2(s) of the industrial disputes act.'8. the learned single judge after quoting extensively from the evidence of the two witnesses examined was inclined to make the following observations :'now, ..... act. with regard to the category of district engineers, it was observed that their duties consisted of assessing suitability of sites for depots from the point of view of the technical and engineering aspects, suggesting lay-outs for construction of depots or service stations, etc. and he also gave certificate as required by the inspector of explosives .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-21-1989
Reported in : (1990)92BOMLR114
..... all secondary schools; and rule 6 in particular contemplated standards v to vii and standards viii to xi as different standards of the secondary school. section 2(u) of the new act which defines 'school' also refers to the two divisions of the secondary schools as middle secondary and higher secondary schools and not as middle school ..... by the respondent society.19. in our judgement, the school run by the respondent society falls within the ambit of 'existing school' as defined in section 2(1) of the new act. our reasons for this conclusion are that under the old rules which, as the preamble shows, were applicable to secondary schools, colleges and other educational ..... to cases where the intention is to open a new school. shri kakodkar, in this context, invited our attention to the definition of 'school' in section 2(u) of the new act to show that under the definition of 'school', a school could be a pre-primary school, primary school, middle secondary school, secondary school and so .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-1989
Reported in : 1991(2)BomCR690; 1991(1)MhLj463
..... to accept the offer and execute the sale-deed for which a period of three month's from the date of the offer is given in sub-section (2) of section 43 of the tenancy act. if the landlord refuses or fails to accept the offer, the tenant can move the tribunal for fixation of the purchase price which has to be ..... manner; to narrate; to recite; to aver, allege, or declare; to settle'.6. the question, however, to be considered is in the context of the scheme of section 43 of the tenancy act, what meaning should be attributed to the said expression. it is well-settled, according - to the canons of construction, that any word or - expression used in the statute ..... the petitioner tenant has preferred the instant writ petition in this court.3. the only question which arises for consideration in the instant writ petition is whether section 43 of the tenancy act requires an offer of purchase to be made in writing by the tenant to the landlord. in order to consider the said question, a brief reference to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Dec-14-1989
Reported in : (1990)32ITD645(Mum.)
..... in cit v. oricon (p.) ltd. [1989] 176 itr 407 in claim of investment allowance upheld in the case of the assessee engaged in construction activity, as the relevant finance act referred to manufacture or production of an article or a thing not excepted in the eleventh schedule in the assessee's own case where the court had held that the ..... claim of investment allowance. this is because the provisions governing the grant of investment allowance as contained in section 32a of the i.t. act cannot be regarded as in pari materia with the definition of industrial company as available in the annual finance act. investment allowance is available to an assessee in regard to the cost of assets used in an industrial ..... 1. this is a departmental appeal against the order of the cit(a) granting investment allowance under section 32a of the i.t. act to the assessee. it is contended on behalf of the department that the findings of the cit(a) are not correct. it is an admitted fact that the assessee is .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-1989
Reported in : 1990(2)BomCR38; (1990)92BOMLR160
..... have to be gone into by the trial court. all that i mean to state here is that the invoking of sub-clause (ii) of clause (e) of section 2 of the slums act was quite an error. what is contemplated by said clause (ii) is the status of the person in possession which was an admitted or proven status. it is ..... for final hearing mr. shah, the learned advocate appearing for the petitioners, stated that there existed some binding judgment which had thrown light upon the interpretation of section 2(e)(v) of the said act. several adjournments have been taken for production of the said judgment. but no such judgment has been produced till this date. the result is that this court ..... the tribunal has been set out by the learned judge in his judgment. the order runs as follows :-order'ad interim stay of further proceedings under sections 5, 9 and 11 to 15 of the act is granted. issue show cause notice returnable on 19-6-1984 to the respondent as to why stay may not be made absolute and as to .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1989
Reported in : 1990(3)BomCR644; 1991CriLJ410
..... imposing a substantive sentence, his client should be better dealt with under the provisions of probation of offenders act and particularly under section 3 of the said act. section 3 of the said act permits the court to make available the benefit of this section to a person who is convicted of the offence and the punishment wherefor dose not exceed two years. ..... may be an idiot, she may be under the spell of anaesthesia, she may be sleeping, she may be unable to appreciate the significance of the act, nevertheless, the offender is punishable under the section.'6a. sarkar, j. dissented with the majority decision, but the dissent was on other point with which we are not concerned in the present case ..... to or in the presence of a woman is clearly suggestive of sex according to the common notions of mankind that act must fall within the mischief of this section.'bachawat, j. in paragraph 16 observed :'i think that the essence of a woman's modesty is her sex. the modesty of an adult female is writ .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-1989
Reported in : 1990(1)BomCR160
..... the commissioner can be examined, not as the commissioner, but as an ordinary witness and the report then can be used as a piece of corroborating evidence under section 157 of the evidence act. i may also maintain that in that case, the matter had come to the high court after the commissioner was examined and his evidence was taken. the high ..... .a.a. of india & another air 1988 cj 532. in that case small causes court had refused to issue a commission in a suit under section 13(1)(g) of the bombay rent act. the learned judge in that context observed that since the court has always to consider the question of relative hardship, the fact of user or non-user ..... suit being r.a.e. suit no. 1462/4833 of 1984 for his own bona fide reasonable occupation under section 13(1)(g) of the bombay rents, hotel and lodging house rates control act, 1947. (hereinafter referred to as 'the bombay rent act'). during the pendency of the said suit, the original defendant died on september 30, 1985. later on december .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-07-1989
Reported in : AIR1990Bom170
..... without obtaining the permission of the reserve bank of india and/or the central government in view of the provisions of the foreign exchange regulation act, 1973.12. under section 13(d) of the code of civil procedure a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same ..... shall not be conclusive where it sustains a claim founded on a breach of any law in force in india.31. under section 26 sub-section (6) of the foreign exchange regulation act, 1973 except with the general or special permission of the central government or the reserve bank, no person resident in india shall ..... enforce the foreign judgment.36. in the case of m/s dhanrajamalgobindram, v. shamji kalidas and co. : [1961]3scr1029 the supremecourt had considered section 21 of theforeign exchange regulation act, 1947. thecourt said that the responsibility of obtainingpermission of the reserve bank before enforcing a judgment, decree or order of aforeign court is transferred .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1989
Reported in : 1990(1)BomCR433
..... has been caused to him by the omission.22. the learned assistant government pleader urged that the prosecution could fall back upon the presumption under section 54 of the narcotics act. but that is the presumption from possession of illicit articles and before the presumption can be raised, it is necessary to establish that the ..... the provisions of the code of criminal procedure unless there is an inconsistency between the provisions of the code of criminal procedure and the narcotics act. it is noteworthy that section 42 does not cover all the contingencies but deals with the situation where the authorised officer has reason to believe from personal knowledge or ..... it was pointed out that the investigating agencies cannot and ought not to show complete disregard of such provisions as are contained in sub-sections (1) and (2) of section 15 of the act. the legislature in its wisdom provided special safeguards owing to the nature of the premises which have to be searched involving inroads on .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1989
Reported in : AIR1990Bom355
..... and delegation is in favour of the high authority, such a delegation cannot be said to be uncontrolled or unguided. the legislative policy of section 53(1)(vii) of the act is absolutely clear. it is to prevent the speread of aids in public interest. the authority to take decision in the matter of isolation ..... person to a hospital under four circumstances mentioned in sub-sections (i) to (iv).3. the act was made when goa was a union territory along with daman and diu. state of goa, soon after its formation amended the act by the goa public health (amendment) act, 1987), which was published in the official gazette on 17 ..... of the constitution of india.2. the act aims at advancing the public health. section 2(15) defines the term 'infectious disease' as meaning an infactiousdisease as defined in section 47 and includes notified diseases as defined in section 57. chapter vii relates to prevention, notification and treatment of diseases. section 47 enumerates the list of infectious diseases .....
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