Court : Mumbai
Decided on : Dec-06-2006
Reported in : 2007(2)BomCR102
..... requisite details from colgate palmolive and for fixation and revision of scales.the industrial tribunal which adjudicates upon a wage reference under section 10 of the industrial disputes act, 1947 has to perform the task of adjudication and it does not require an elaborate line of reasoning to establish that the ..... i) social security allowance; (ii) educationallowance; (iii) conveyance allowance; (iv) house rent allowance;(v) leave travel allowance; (vi) self development allowance; (vii)acting allowance; and (viii) performance bonus. the management in the present case, while seeking a disposal of the references in terms of the settlement dated 20th february 2003 sought ..... operatives who perform manual work and clerical staff: under the bombay shops and establishments act, 1948, which applies to commercialestablishments, the annual leave provisions are provided for in section 32 (21 days per annum) while ` 79 of the factories act, 1948, leave provided is of one day for every 20days of work ( .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-06-2006
Reported in : 2007(3)ALLMR228
..... per the general court martial and confirmed by the general officer commanding-in-chief are as under:(a) such an offence as is mentioned in clause (f) of section 52 of the army act with intent to defraud. in that he, at bhutan, km 161 pt road - mt bridge 607/281, (60 rcc) on or about 08 march 1994, with ..... or favours etc. we, therefore, uphold the findings of the court martial and as confirmed by the general officer commanding-in-chief that the charge under section 57(a) of the army act was duly proved against the petitioner.6. the proceedings of gcm cannot be equated with the proceedings of the domestic tribunal. the law of evidence is not ..... in gcm. this is one more reason to hold that the gcm proceedings were vitiated.12. we, therefore, hold that the first charge regarding offence under section 52(f) of the army act as levelled against the petitioner has not been proved by the prosecution before the general court martial and, therefore, the conviction of the petitioner for the said .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-05-2006
Reported in : 2007(2)ALLMR652; 2007(4)BomCR226
..... and directing respondent no. 3 to pay the dues to the respondent no. 1, petitioner herein preferred to challenge these notices before esi court under section 75 of the employees' state insurance act, 1948. the case was registered as esi case no. 28 of 2004 shivraj bhojnalaya v. esi.on 19th november, 2004, as the designated esi ..... said account in accordance with the above cited notice, failing which the amount will be recovered from you treating you as if principal defaulter under sections 45-g and 45-h of esi act, 1948.[quoted from page 83 of the paperbook of contempt petition].11. the respondent no. 3 replied show-cause-notice dated 15th december, 2004 ..... petitioner, the respondent no. 2 issued two orders both dated 4th october, 2004 one pertained to hotel shivraj and another to shivraj bhojnalaya under section 45-h of the employees' state insurance act, 1948. copies of these orders are at pages 20 and 24 of the contempt petition paper-book respectively. the sum as dues requisitioned .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-05-2006
Reported in : AIR2007Bom80; 2007(1)ALLMR832; 2007(1)BomCR23
..... case it is clear that article 66 would apply because no determination in this case is necessary and that is well settled now. determination by notice under section 106 of the transfer of property act is no longer necessary.23. it is well settled that time begins to run from the date of the knowledge. see in this connection the decision of ..... of this case; there is no scope of the application of article 113 of the limitation act in any view of the matter. sections 12 and 13 of the bombay rent act co-exist and must be harmonised to effect the purpose and intent of the legislature for the purpose of eviction of the tenant. in ..... hold that forfeiture has been incurred by the appellant in view of the breach of the conditions mentioned in section 13 of the bombay rent act and on lifting of the embargo against eviction of tenant in terms of the section 12 of the said act. that being so, either of the two, article 6 or article 67 would be applicable to the facts .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-01-2006
Reported in : 2006(209)ELT347(Bom)
..... it is withdrawn.4. the submission of the learned counsel appearing for the applicant is that the learned acmm failed to appreciate that offence under section 135(1)(ii) of the customs act, 1962 is available offence. therefore, there is no warrant for declining to grant bail in an offence which is bailable. reliance was placed before ..... dharmadhikari, j.1. this is an application for bail in an offence allegedly committed by the applicant under section 135 of the customs act, 1962. the applicant was arrested on 24-11-2006 by the 2nd respondent under section 104 of customs act. the allegation is that the applicant is concerned with the fraudulent import of the goods i.e. ..... that apart, according to shri lambay, it is contended by the revenue all throughout that offences under customs act and more particularly section 135(1)(ii) thereof cannot be held to be bailable. he submits that the scheme of act is such that it would not be proper to hold that the offence alleged is bailable. he submits .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-01-2006
Reported in : 2007(3)ALLMR579; 2007(1)BomCR931
..... questions regarding disputed facts. however, it is necessary to find out as to whether the petitioners have been disqualified in accordance with the provisions of sub-section (h) of section 14 of the act. there cannot be duality of opinion about the proposition that the disqualification is rather a harsh action. the duly elected members are thereby deprived of making ..... as indicated in each demand notice from the date of service of notice and the period of three months further as envisaged in sub-clause (h) of section 14(1) of the act. if he/she would demonstrate that the payment was made within the aforesaid period then the disqualification cannot be held as legal and proper. second important ..... to show that the demand notices are not in accordance with the format of form no. 1. this contention is not tenable. the expression used in section 14(h) of the act is clear. it does not speak of any warrant of demand. it reveals that the payment is to be made within three months from the date on .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-2006
Reported in : 2007(2)ALLMR53; 2007(3)BomCR972
..... sought regularisation, the question whether he had been selected after appropriate process would have been germane.22. therefore, clause (oo) of section 2 of the industrial disputes act, the termination of services of the petitioner would amount to retrenchment. the claim of the learned counsel for the respondent that the ..... (1986)illj127sc . he submitted that the termination of services of the petitioner thus amounted to retrenchment and since the conditions prescribed in section 25f of the industrial disputes act had not been fulfilled, retrenchment could not have been effected, entitling his client to reinstatement.18. the learned counsel for the respondent ..... the respondent municipal council preferred a revision. the petitioner too preferred a revision, since a finding that there was no breach of section 25g of the industrial disputes act was against him. the industrial court allowed the respondent's revision and dismissed the petitioner's revision. therefore, the petitioner has .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-2006
Reported in : 2007(1)ALLMR776; 2007(3)BomCR433
..... could not have been invoked by the petitioner to provide him with a cause of action. the respondent further submitted that sub-section (2) of section 137 of the bombay prohibition act provided for a statutory appeal against the impugned orders to the government. since such appeal had not been preferred within the prescribed time ..... petition cannot be barred by applying the principle of delay and laches.13. the learned assistant government pleader next submitted that sub-section (2) of section 137 of the bombay prohibition act would have enabled the petitioner to prefer an appeal before the state government against the impugned communicated dated 4-5-2002 or ..... in the case of gulabsing anantramsingh thakur v. collector, amravati and ors. reported in : 1996(1)mhlj549 , which considered the provisions of section 137 of the bombay prohibition act. in that case, a liquor licence was cancelled by the collector without giving a notice. the petitioner sought to invoke writ jurisdiction without .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-2006
Reported in : 2007(3)MhLj231
..... that the reasons are not sufficient or relevant.65. the public prosecutor should normally be credited with fairness in exercise of his power under section 321, when there is no attack against him of having acted in an improper manner. he had before him the state government's communication of the policy taken by it. he had before him ..... is fettered only by a consent from the court on a consideration of the material before it. what is necessary to satisfy the section is to see that the public prosecutor has acted in good faith and the exercise of discretion by him is proper.18. the law, therefore, is that though the government may have ordered, directed ..... complainant respondent no. 1, the other respondents-accused were charge-sheeted for the offence punishable under sections 436, 143, 147, 148, 149, 448, 295, 336, 504, 506 of indian penal code and under section 37(1)(3), 135 of the bombay police act arising out of crime no. 65/1997 of police station dhamgaon being sessions trial no. 37/1998 .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-2006
Reported in : 2007(1)ALLMR836; 2007(4)BomCR387; 2007(4)MhLj185
..... to enforcement of a decree, the inherent powers under order 39, civil procedure code, are not liable to be exercised. injunction prayed for is clearly barred due to section 41(b) of the specific relief act.(b) dalpat kumar and anr. v. pralhad singh and ors. : air1993sc276 .this court finds that this judgment does have a bearing on the facts ..... advocate mr. pillai is as follows:(a) though a relief and decree sought is for specific relief, present prayer for temporary injunction is hit by section 41(b) of the specific relief act, 1963.(b) on the face of existence of adjudication of recovery by debts recovery tribunal and the order thereon, prima facie, plaintiffs have no case ..... no. 9-bank, urging that any challenge to debts recovery tribunal's order/decree or execution thereof by way of a suit is not maintainable. section 41(b) of the specific relief act, 1963 bars such relief, as well that alternate remedy of damages is available to the plaintiffs etc.the trust as well opposed it, apparently .....
Tag this Judgment!