Court : Mumbai
Decided on : Sep-06-1989
Reported in : AIR1990Bom98; 1990(1)BomCR23; (1989)91BOMLR283
..... which the owner gets is far less than what would be available to a person whose property is acquired under, the provisions of the land acquisition act. section 37 of the doi act, 1962 prescribes a maximum to the quantum of compensation admissible to the person whose property has been acquired under s. 36. the outer limit ..... bombay engineering group and centre, kirkee'. counsel for the appellants submits that the acquisition was not in accordance with the provisions of s. 36 of the aforementioned act. this section to the extent relevant reads thus :--'(1) any immovable property which has been requisitioned under s. 29 may, in the manner hereinafter provided, be acquired in ..... right to use vested in the acquiring government. this would be to give an entirely artificial meaning not in consonance with the statute. sub-sec. (5) of s. 36 of the act shows that the general word 'works' is limited to something material in the sense of buildings, structures and such like improvements. merely fencing .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-06-1989
Reported in : 1990(1)BomCR359; (1989)ILLJ459Bom
..... allowance and ad hoc allowance. reference no. 43 of 198 under section 10(1)(d) of the act and at the instance of the sabha, included demands pertaining to house rent allowance, leave travel allowance, special allowance, social security allowance and ad hoc ..... no. 91 of 1984, at the instance of the union, which was also under section 10(2) of the act, included demands of house rent allowance and leave travel allowance; whereas reference no. 92 of 1984 under section 10(1)(d) of the act, again at the instance of the union, included demands for special allowance, social security ..... out of five references made to the industrial tribunal-three under section 10(2) and two under section 10(1)(d) of the industrial disputes act (hereinafter referred to as 'the act). reference no. 123 of 1977 and reference no. 215 of 1969 both under section 10(2) of the act at the instance of the union and sabha respectively, included .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-06-1989
Reported in : (1989)91BOMLR735
..... the second option and set aside the order of the additional sessions judge, and also of the judicial magistrate first class and direct the learned magistrate to act as per section 201(a) of the criminal procedure code.13. on behalf of the respondent no. 1 it was tried to be contended before me that the cognizance itself ..... be to set aside the order passed by the learned additional sessions judge, which is based on the provisions of section 197 and direct the learned magistrate to act as per section 201 of the criminal procedure code.12. section 201 provides that if a complaint is made to a magistrate, who is not competent to take cognizance of an ..... have been committed alongwith other offences, which are normally triable by the judicial magistrate first class, due to the tagging of the offence under section 161 of the prevention of corruption act, the jurisdiction would be of the special judge only in respect of all the offences and the learned judicial magistrate first class was barred, .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-31-1989
Reported in : 1990(1)BomCR274
..... present proceedings were set in motion. no sensible person will continue with the construction with any seriousness when the sword of cancellation of the permission under section 63 of the tenancy act was hanging on his head.in my opinion, there is no room for doubt that the entire proceeding stinks of mala fides of the ex-tahsildar ..... suffered on account of the fact that a respondent no. 1 managed to get the order of the asstt. collector under section 63 of the tenancy act cancelling the permission under section 63 of the tenancy act and without considering all the aspects of the matter, the tribunal has practically put the rubber-stamp upon the said illegal order ..... to respondent no. 1. he passed an order cancelling the previous order of permission to sell, but directed the tahsildar to pass an appropriate order under section 32-p of the act, while rejecting the respondent's prayer for allotment of the land to him.in the meantime, yamunabai had died. the present petitioners are her heirs.6 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Aug-30-1989
Reported in : (1989)31ITD359(Mum.)
..... force with effect from 17-2-1976 and the reserve bank of india asked the trustees to apply the govt. of maharashtra and obtained exemption under section 20 of the said act.the govt. of maharashtra rejected the application for exemption made by the trustees by an order dated 1-1,1-77. in the meantime, by ..... valuable piece of land belonging to the estate had remained undistributed and therefore the assessments in respect of the land could only be made under section 19a of the wealth-tax act and not under section 21. since the executors of the estate had not completed the distribution of the land, they were liable to be taxed. the wto ..... estate had not been completely distributed. it was not divided between the beneficiaries on the relevant valuation date and, therefore, the provisions of section 19a(5) of the wealth-tax act were clearly applicable. section 19a(5) specifically provided for separate assessment in respect of net wealth on each valuation date as is included in the property from .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-28-1989
Reported in : 1989(2)BomCR653; 1990(1)MhLj124
..... was intended to be saved by using the expression in its widest connotation, no other construction can be placed on the language of that section. viewed in this light having regard to the scheme of the act and the context in which amended provision of s. 36d occurs, it seems obvious to me that the court of session shall have ..... beyond the period of 15 days and to take cognizance. the matter, therefore, has invariably to go in respect of the offences committed on or after the amendment act came into force to the special court. under sub-section (2) of s. 36a, the special court is authorised to take cognizance of the offence other than those committed under this ..... procedure, in relation to an accused person in such case who has been forwarded to him under that section. under clause (d) a special court may, upon a perusal of police report of the facts constituting an offence under this act or upon a complaint made by an officer of the central government or a state government authorised in this .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-23-1989
Reported in : 1990(1)BomCR650; (1989)91BOMLR411; (1994)IIILLJ481Bom
..... dispute was raised immediately after the termination of services of shri sadavarte and the conciliation proceedings resulted in failure, reference was made under section 10(1) read with section 12(5) of the act for adjudication to the central government labour court at bombay as late as on 24.11.1975. after this dispute was referred for ..... no. 2-bank is not in dispute and the question whether the termination of services of shri sadavarte amounts to his retrenchment within the meaning of section 25-f of the act depends solely upon the interpretation of the rules about the conditions of service applicable to the employees of the respondent no. 2 - bank. there ..... bank for declining the relief of reinstatement to shri sadavarte. it may be seen that when there is non-compliance with the mandatory provisions of section 25-f of the act, the retrenchment is void ab initio and the employee concerned is entitled to reinstatement except in very exceptional circumstances as pointed out in the case .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-23-1989
Reported in : 1989(3)BomCR641; (1989)91BOMLR829
..... society. if a person is a member of a society and is wrong fully excluded, then he is a 'person aggrieved' within the meaning of section 144-t of the act. section 144-x empowers the state government to make rules to regulate various stages of elections, including preparation of list of voters. therefore, depending upon the ..... , 78 to 87 of the rules. in fact these rules could not have been made in exercise of powers conferred either under section 144-t or under section 144-x or section 165 of the act. the said rules are, therefore, beyond the rule making powers and ultra vires article 14 of the constitution of india.8. it ..... , and excluding the specified societies form its ambit, created hostile discrimination . thus, in substance it is contended by the learned counsel, that under section 144-t of the act neither an adequate machinery nor adequate procedure is prescribed for filing of election disputes or its adjudication. co-operative courts exercise unlimited pecuniary jurisdiction to deal .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-1989
Reported in : 1990(1)BomCR612; (1989)91BOMLR389
..... made in relation to such an establishment having factories in different states. we fell that the point relating to the jurisdiction of the controlling authority under section 3 of the act does not really arise.'the aforesaid observations confirming the earlier decision of the madras high court clearly supports the petitioner company's case. the petitioners ..... as is done by both the lower authorities. in support of this calculation the learned counsel also drew my attention to the recent amendment to section 4(2) of the gratuity act of 1972 wherein the legislature has clearly amended the said provisions. as per this amendment in order to arrive at the figure of daily wage ..... lost sight of the fact that for deciding the issue of appropriate government, one has to follow the definition under the section 2(a) of the said act and the definition of appropriate government under section 2(a) is in relation to establishment and the ownership or control of the company over the said establishment is of .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-18-1989
Reported in : AIR1990Bom123; 1990(1)BomCR1; (1989)91BOMLR361
..... the agreement by the court. ultimately it has been held that the suit has been rightly valued by him as prescribed under the provisions of section 6(iv)(j) of the said act.30. in the same decision the learned single judge also observed that the court-fees provision applicable to case must be fixed having regard to ..... in tara deyi v. sri thakur radha krishna maharaj : air1987sc2085 , wherein it is observed that in suit for declaration with consequential relief falling under section 7(iv)(c) of the court-fees act the plaintiff is free to make his own estimation of the reliefs sought in the plaint and such valuation both for the purpores of court-fee ..... of the suit heng filed only in this court. he further contended that the suit would squarely fall within the purview of the provisions of section 6(iv)(j) of the bombay court fees act. he also correspondingly sought to place reliance on certain recitals of the plaint and the correspondence. thus both the parties endeavoured to reply essentially .....
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