Court : Mumbai
Decided on : Dec-14-2006
Reported in : 2007(2)ALLMR664; 2007(4)BomCR217
..... that irrespective of the nature of the appointment letter issued by the management, the petitioner was deemed to have been appointed on probation in terms of section 5 of the m.e.p.s. act read with rule 10 of the m.e.p.s. rules and, therefore, the management could not have terminated the services of the petitioner without ..... , on completion of this probation period of two years, be deemed to have been confirmed.5. the word 'year' has not been defined in m.e.p.s. act. however, section 3(66) of the general clauses act, 1897 defines the term 'year' to mean a year reckoned according to the british calendar. the period of two years contemplated under sub ..... -section (2) of section 5 of the m.e.p.s. act would therefore, commence from the date of appointment of the employee in a permanent vacancy. considering the same, even assuming that the petitioner was appointed in .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-14-2006
Reported in : 2007(2)BomCR298; (2007)109BOMLR187
..... experience. promotion apart from experience is by a sailor obtaining the necessary qualification. holding of this qualification is a necessary prerequisite for the sailor appointed as acting pome to be confirmed to the post of pome. the fact that if the sailor fails to obtain necessary qualification within two years, he is directed ..... commodore, bureau of sailors with a view to reversion, to leading engineering mechanic for inefficiency. it is therefore clear that granting permission for being promoted as acting pome, does not result in waiving the requirement of obtaining the essential qualification. on the contrary, a reading of article 14a(iii)(c) would clearly indicate ..... informed accordingly.(c) in the event of failure to obtain the boiler-room watch keeping certificate or icr competency certificate within two years of being ranked acting petty officer engineering mechanic, the case shall be reported to the chief of the naval staff through the commodore bureau of sailors with a view to .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Dec-14-2006
Reported in : (2007)(115)ECC246
..... less to support, the allegations of clan destine removal on the other hand, there is over-whelming evidence on record including the statement of the cha recorded under section 108 of the said act and the records of kpt to show that the said goods covered by bill of entry no. 1804 dated 25.02.1997 have not yet been cleared by ..... goods covered by the said bill of entry no. 1804 dated 25.02.1997 were removed clandestine without assessment and without proper permission of the proper officer under the said act. in this connection the respondents submitted that while investigating the officers found 24 pallets weighing 85.862 mts of the said goods lying in docks of "a" warehouse, which are .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-2006
Reported in : 2007(4)ALLMR135; 2007(1)BomCR849; (2007)109BOMLR17
..... electoral roll.subsequent to the amendment of the petition an additional affidavit was filed on 6th september 2004. it is submitted that considering section 15 of the advocates act read with section 6(1)(g) of the said act, it is the state bar council that has to provide for election of its members.9. on behalf of the bar council ..... )(a) as the rule only reflects a measure of guidance in preparing the election roll, which is within the competence of the state bar council considering section 3(4) of the advocates act. that first issue question is, therefore, answered accordingly.as rule 6(h) is therefore beyond the rule making power of the state bar council and ..... every voter to cast a minimum of ten preference votes in order that the ballot paper be treated as valid. it has been averred that under section 3(2) of the advocates act, elections are to be held in accordance with the system of proportional representation by means of a single transferable vote from amongst advocates on the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-2006
Reported in : 2007[5]STR246
..... by his letter dated 29th november, 2006.4. the petitioner has a remedy of filing an appeal under section 35 of the central excise act, 1944 which it can file within 60 days and also apply for stay of the impugned order in original. section 35f provides that a party against whom such duty is levied can apply for an order not to .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-2006
Reported in : I(2008)BC457; 2007(2)BomCR429
..... 2. by this application, applicant-original complainant seeks leave to prefer appeal against acquittal.3. this applicant had filed complaint alleging offence under section 138 of negotiable instruments act. according to complainant the complainant carries on business. the accused from time-to-time from 2000 purchased goods on credit and for the ..... 17352. later on this cheque came to be dishonoured. hence demand notice was issued but claim not being satisfied, complaint alleging offence under section 138 of negotiable instruments act came to be filed.4. the complainant in support of his case examined himself and placed reliance on the cheque and notice. since beginning ..... some other business not run by this complainant. considering these facts, the trial court came to the conclusion that the presumption arising under section 139 of negotiable instruments act is rebutted and the complainant failed to prove the debt or legal liability and judgment of acquittal came to be recorded.5. on .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-2006
Reported in : 2007(3)ALLMR216; 2007(1)BomCR569
..... . for importing goods within the limits of the corporation they require to pay octroi to the corporation for which they are granted current account facility under section 142 of the maharashtra municipalities act, 1965 (hereinafter referred as 'act of 1965').4. the appellants import goods within the limits of corporation such as spares, components, casting and forging, paints etc. among other classifications. the ..... proceed to examine the questions raised in the present appeals.9. admittedly, the respondent-corporation, was constituted with effect from 5th october, 1982. though section 149 of the bombay provisional municipal corporation act, 1949, (for short 'the corporation act') empower the corporation to frame its rules, in the event it decides to levy octroi for the matters enumerated therein, it had not framed .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-2006
Reported in : 2007(4)MhLj290
..... cooper engineering ltd. case (supra) is not an authority for the proposition in every case coming before the labour court or industrial tribunal under section 10 or section 33 of the act complaining about the punitive termination of service following a domestic enquiry that the court or tribunal as a matter of law must first frame a preliminary ..... the employer to lead additional evidence. it is not a mere phrase that 'the facts of the case warrant', that is sufficient to exercise powers under section 11a of the act. the labour court or industrial tribunal exercising such power has necessarily to refer to the fact or facts which would warrant exercise of such power and ..... , it must make up its mind at the earliest stage and file the application for that purpose without any unreasonable delay. but in a reference under section 10 of the act, after the workman had been punished pursuant to a finding of guilt recorded against him in the domestic enquiry, no question of the management filing any .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-2006
Reported in : 2007(3)ALLMR171; 2007(1)BomCR915; (2007)109BOMLR107; 2007(1)MhLj545
..... the said instrument is eloquent enough and the intention of the testatrix is clearly discernible from the will when it is read as a whole, as provided under section 82 of the indian succession act.36. we may record here that mr. m.l. palan, the counsel for the appellant, did not dispute the legal position that the estate, that was to ..... attaining the age of 21 years vested in zenia on the opening of the will i.e. on the death of the testatrix. this is also clear from section 119 of the indian succession act, 1925. illustrationii) appended thereto that says ' a bequeaths to b 100 rupees, to be paid to him upon his attaining the age of 18 and on a ..... the sale proceeds thereof, two flats must be purchased, one in the joint name of lyla and zenia and the other in the name of anita.38. sections 187 and 188 of the indian succession act, read thus:187. when acceptance of benefit given by will constitutes election to take under will.-- acceptance of a benefit given by a will constitutes an .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-2006
Reported in : (2007)109BOMLR34
..... accused to use any part of his statement if duly proved, to contradict the prosecution witness of whose statement is recorded, in the manner provided under section 145 of the indian evidence act.section 173(5) requires that when report after completion of investigation is sent to the magistrate, all documents or relevant extracts thereof on which the prosecution proposes ..... proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of ..... any part of his statement which is duly proved to contradict such a witness in the manner provided under section 145 of the indian evidence act, 1872. it can further be seen that as per provisions of section 173(5)(b) and section 207(iii) of cr.p.c., a police officer is bound to forward to the magistrate, along .....
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