Court : Mumbai
Decided on : Feb-27-2003
Reported in : [2004(101)FLR410]; (2004)IILLJ369Bom; 2004(1)MhLj776
..... legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the factories act, 1948 (63 of 1948), the person so named; and ii) in relation to any other establishment, the person who, or the authority which, ..... shri saste opposed the prayer and justified the order of learned judicial magistrate taking the cognizance of the complaints and issuing the process against the applicants.5. section 2(17) of the esi act provides'principal employer' means - (i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or ..... the person so named; ii) in any other establishment, any person responsible for the supervision and control of the establishment; 6. so far as the act is concerned, the definition given in section 2(e) provides :'employer' means - 1) in relation to an establishment which is a factory, the owner or the occupier of the factory, including .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-27-2003
Reported in : 2003(3)ALLMR250; 2003(6)BomCR771; (2004)ILLJ1110Bom
..... at as anintentional attempt not to take cognizance of thejudgments either of the high court or of the supremecourt. in the opinion of this court, this is one of theserious acts of judicial indiscipline. if the learnedpresiding officer would have tried to differentiate thejudgments in a crouches manner, and language, then therewould not have been scope for this court to make ..... set aside, it is binding on all the judicial and quasijudicial subordinate to the high court. they have noliberty, whatsoever, either to neglect it, if brought tothe notice, or to act against the same, that too even inslightest manner. any deviation therein it would notonly amount to insubordination, but in a given case couldeven amount to contempt of court, which have .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-26-2003
Reported in : 2003(3)ALLMR201; 2003(5)BomCR790; 2003(4)MhLj50
..... decision of the apex court in qudrat ullah v. municipal board, barielly, reported in : [1974]2scr530 , and to contend that provisions of the old rent act, be it section 15a or any other provision, it only provides for a procedural disability to the landlord and it does not create any substantive right as such in favour of ..... , the operation of this principle is subject to any saving which may be made, expressly or by implication, by the repealing enactment. further, referring to section 3 of the repealed act, which provided that 'no suit shall, without the permission of the district magistrate, be filed in any civil court against a tenant for his eviction from ..... petitioners cannot claim to be the tenant or deemed tenant in relation to the suit premises and further that with the repeal of the old rent act the provisions of section 15a thereof also stands repealed and therefore the status or character of the petitioners is resorted to that of the licensees. as the petitioners licence was .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-26-2003
Reported in : 2003(3)ALLMR192; 2003(4)BomCR118; [2005]123CompCas520(Bom); (2003)IIILLJ348Bom; 2003(2)MhLj547; [2003]46SCL153(Bom)
..... mills in paragraph 12 it was held thus:'12. the indisputable fact that the appellant-company is a government company as envisaged in section 617 attracting section 619 of the companies act, that more than 97% of the share capital has been contributed by the state government and the financial institutions controlled and belonging ..... on behalf of respondent company, it transpires that after 1.6.1995 the respondent company has even ceased to be deemed government company under section 619b of companies act because of substantial change in the constitution and composition of its shareholders. the status of the respondent company, therefore, today is no better ..... by government orders. even otherwise, it is submitted that after 1.6.1965, the respondent company has ceased to be deemed government company ever section 619b of companies act as composition and constitution of the shareholders of the company have undergone substantial change. it is, thus, submitted that the respondent company is not .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-25-2003
Reported in : 2003(3)BomCR496; 2003(3)MhLj627
..... the one position which, however, remains is that the chancellor has on 8th july, 2002 approved ordinance 1 of 2002 that was submitted by muhs under section 51 of the act. ordinance no.1 of 2002 as approved contains a provision, as already noted earlier, incorporating ordinance 1 as proposed by the nigavekar committee. in the circumstances ..... in so far as ordinances are concerned, the power to make, amend or repeal ordinances is visited in the management council by sections 50 and 51 of the act. clause (vi) of section 50 empowers the management council to frame ordinances in regard to the conduct of examinations and other tests and as regards the manner in ..... internal assessment examination separately'.5. on 17th december, 2000, the vice chancellor issued another direction (direction 22 of 2001) in exercise of powers conferred by section 16(8) of the act which was an amendment to ordinance no. 4 of 1999 in respect of grace marks. by the amendment direction. it was provided that 'the examinee .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-25-2003
Reported in : 2003(6)BomCR830
..... no. 363 of 1988, was only respect of two flats. the issues were framed in respect of two flats. the matter was referred to court under section 21 of the arbitration act, 1940. amendment if any could not have been allowed by the arbitrator. the amendment if any had to be made before the civil court where the suit ..... was allowed by order dated 13th august, 1999. the respondent herein sought reference of the subject-matter of both the suits. the said petition was under section 21 of the arbitration act, 1940 which provides that where all the parties in any suit agree that any matter in difference between them in the suit, shall be referred to arbitration ..... was represented and cause of action survives, is devoid of merit as it must also be shown that anand was the legal representative, as provided under section 211 of the indian succession act. this was not the case and consequently satinder pal could not have represented the estate of deceased and hence, the suit filed by chopra abates in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Feb-24-2003
Reported in : (2004)84TTJ(Mum.)186
..... ld. cit(a) was crucial for deciding the issue. it is submitted that first appellate authority has inherent power to examine such relevant evidence under sub-section (4)(5) of section 250 of it act. reliance is placed on hon'ble bombay high court decision in the case of smt.prabhadevi s. shah v. cit - 231 itr 1. it is ..... of employees in the year in which the liability is actually discharged. we may, however, add that clause (va) has been inserted in sub-section (1) of section 36 by the finance act, 1987. the effect of the amendment is that no deduction will be allowed in the assessment of the employer unless such contribution is paid to the ..... pf. it is argued that in respect of employer's contributions, so long as the payments have been made during the previous year, deduction will be available under section 438 of the it act. reliance is placed upon the following itat decisions: i. dcit v. udaipur distillary co. ltd. (jodhpur bench) 119 taxmann 206 regarding the contributions to the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2003
Reported in : 2004(2)MhLj392
..... withdrawal of the nomination paper could be done only by a candidate contesting the election or his proposer and/or seconded by approaching the returning officer.'32. section 37 of the said act which deals with the withdrawal of the candidates reads as follows :'37. withdrawal of candidature. -- (1) any candidate may withdraw his candidature by ..... by respondent no. 1, three contentions are raised which are as under :1. that the election petition does not comply with the provisions of section 81 of the said act. as the election petition is barred by limitation the same is liable to be dismissed.2. neither any material facts nor any material particulars have been ..... own showing the election petition ought to have been filed within the period of 45 days from the said date as contemplated by the provisions of section 81 of the said act. it was submitted that the petitioner had applied for certified copies and from the certified copies, the petitioner knew that the returning officer has declared .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2003
Reported in : AIR2003Bom404; 2003(3)ALLMR683; 2003(5)BomCR782
..... right to occupy the premises and consequently the tenancy rights to the benefit of the landlord and the provisions of law in that regard have been incorporated in section 1709 of the said act. being so, a complete scheme in relation to the right of the landlord and the tenant pertaining to demolition of the old premises, and construction of ..... possession in the newly built building in place of the old tenement pursuant to the delivery thereof in terms of the provisions of law contained in section 13(1)(hh) of the said act, it is apparent that though certain time limits are prescribed for different stages in the process of delivery of possession of the old premises, the ..... right to approach the court below to seek recovery of possession of the new premises in terms of the consent decree dated 9-6-1998.6. section 13(1)(hh) of the said act provides that when the premises consist of not more than two floors and are reasonably and bona fide required by the landlord for the immediate purpose .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2003
Reported in : 2003(3)ALLMR235; 2003(5)BomCR361
..... possession is not available to him. the apex court observed that such a plea is inconsistent with the plea for retaining possession by operation of section 53a of transfer of property act, 1882. having come into possession under the agreement, he must disclaim his right thereunder and plead and prove assertion of his independent hostile ..... plot, though the document was styled as a sale deed. the amount mentioned towards consideration of the suit plot is rs. 100/-. according to section 17 of the indian registration act, for a transaction of any immovable property worth rs. 100/- or upwards, registration is must. admittedly, the document exhibit 74 is not a ..... month of november, 1979. this defendant also lodged report against plaintiffs on the basis of which plaintiff no. 1 was prosecuted for the offence punishable under section 448 of the indian penal code. he also denied plaintiffs' contention of adverse possession. it is denied that this defendant took forcible possession on or about 26 .....
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