Array ( [0] => ..... the liquidation proceedings but in spite of lapse of period of 7 years, the registrar of co-operative societies has failed to act in accordance with the provisions of section 109.5. on the other hand, it is the case of respondent no. 4, that is the bank which came to be appointed as ..... the show cause notice the chairman of the said society filed its objections but respondent no. 3 by its order dated 28th april, 1994 passed under section 102(2) of the said act, confirmed the interim order dated 24th march, 1994 and appointed respondent no. 4 as liquidator of the society.3. it is the case of the ..... society, and it is deemed that the liquidation proceedings have been terminated.4. therefore, according to the petitioner the liquidation proceedings by virtue of section 109 of the maharashtra co-operative societies act is deemed to have been terminated on 27th april, 2001 and the asst. registrar was bound to pass the order of termination and thereby closing ..... [1] => ..... it was not possible for him to defend himself effectively before the tribunal in the proceeding relating to the permission prayed for by the management under section 33(3) of the act and therefore, the permission granted by the tribunal was vitiated. the workman relied on the judgment in state of maharashtra v. chandrabhan tale : ( ..... held that the non-payment of subsistence allowance vitiated the disciplinary proceedings. fakirbhai's case involved a protected workman as defined in sub-section (3) of section 33 of the industrial disputes act, 1947 against whom a finding of misconduct was arrived at in a disciplinary proceeding. the workman was in receipt of his salary and ..... of reasoning. fakirbhai 's case arose out of an application for approval to the dismissal of a workman, found guilty of misconduct, under section 33(3) of the industrial disputes act, 1947. the submission before the supreme court was, as a matter of fact that the denial of subsistence allowance during the pendency of the ..... [2] => ..... language.4. a perusal of the impugned award indicates that the labour court has erred in granting relief to the workman. the exercise of the powers under section 11-a by the labour court are restricted to the re-appraisal of the evidence and commuting the punishment if it is shockingly disproportionate. the workman in ..... by the enquiry officer, dismissed the workman.3. being aggrieved by his dismissal from service, the workman approached the machinery available to him under the industrial disputes act and secured a reference for adjudication of his dispute regarding reinstatement with continuity of service and full back wages. by award part i dated 28.9.1995, ..... and vulgar words were used by the workman during this altercation with the security supervisor. these words have been reproduced in the charge-sheet and the exact acts of the workman have also been reproduced. an enquiry was instituted against the workman since his reply was not found satisfactory. the enquiry officer held that the ..... [3] => ..... shown as the importer and prima facie, he had hardly economic strength to import any such vehicle as he himself stated in his statement under section 108 of the customs act which is otherwise admissible in evidence. that apart, all the documents submitted by the said rehman shaikh were having the stamp of the respondent ..... of rehman shaikh, the above-referred sanjay surshetwar, sanjay chhabria, yusuf poonawalla, the operation manager and the chief executive officer of cfs recorded under section 108 of the said act, freight manifest and bill of lading showing sanjay chhabria as the consignee and various panchanamas at the time of arrest and recovery of the vehicle. ..... of 2006. union of india and the commissioner of customs (general) are the respondents to this appeal. both these appeals are filed under section 130 of the customs act, 1962 ('the said act' for short) against an order dated 4th april 2006 passed by the customs excise and service tax appellate tribunal, mumbai ('cestat' for short ..... [4] => ..... appellate authority has co-extensive power to reappreciate the evidence or the nature of punishment.44. the court/tribunal in its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at its own independent findings on the evidence. the court/tribunal may interfere where the authority held ..... , power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. adequacy of evidence or reliability of evidence cannot be permitted to be canvassed ..... members of the governing body.6. the petitioner, during the course of employment, came to be served with charge-sheet dated 1-6-1999 for having committed acts constituting misconduct. the charge-sheet contained the following charges:(a) that, the petitioner claimed an amount of rs. 4116/- for journey from nagpur to kolhapur and ..... [5] => ..... training institute, computer training institute or a recreational training institute, to any persons from the whole of the service tax leviable thereon under sub-section (2) of section 66 of the said act. reading of the above notification clearly leads to the conclusion that the exemption provided is in respect of services relating to commercial training or ..... it is seen that the agreements between the appellant and their franchisees satisfy all the four requisites of the definition of 'franchise' as provided under section 65(47) of the act, and the appellant is liable to pay service tax on the said services.7. the appellants have also claimed the benefit of notification no.9 ..... under his brand name or trade name, in the same manner in which he himself was conducting the business. the definitions of franchisor under section 65(48) of the act, means "any person who enters into franchise with an franchisee and includes any associate of franchisor or a person designated by franchisor to enter ..... [6] => ..... services (pension) rules, 1972. despite such an option having been exercised by the employees, they filed applications under section 4 of the payment of gratuity act claiming gratuity. the controlling authority under the payment of gratuity act, allowed the applications. the appeals preferred by the cantonment board pune have been dismissed. hence the present writ petition ..... in 2004 (1) clr 495, the supreme court has held that a teacher is not an employee under section 2(e) of the payment of gratuity act and hence the gratuity is not payable to a teacher under that act.6. the petitioner is, therefore, bound to pay the gratuity to all the other respondents, except respondent ..... and, therefore, the gratuity will be payable to the employees under the act. the qualifying test under section 1(3)(b) of the payment of gratuity act being satisfied, it was held that the employees are entitled to gratuity payable under this act.3. in the case of municipal corporation of delhi v. dharam prakash sharma ..... [7] => ..... and representations were sent to the respondent by the petitioner thereafter upto february, 1993 for being allotted a separate code number. no enquiry under section 7-a of the act was conducted by the respondent.4. despite all the efforts made by the petitioner to have its establishment covered voluntarily and then to obtain a ..... sub-account with the state bank of india.5. the regional provident fund commissioner's office, however, thereafter issued a notice to the petitioner under section 14-b of the act levying damages for the alleged defaults in remitting the contributions from april, 1986 to june, 1994. the regional provident fund commissioner has, in exercise ..... and allot the petitioner a sub-code number. the petitioner was not told the basis of such clubbing nor was any enquiry held under section 7-a of the act prior to the clubbing of these establishments. the provident fund authorities have clubbed the establishments together without any material on record indicating the nexus ..... [8] => ..... no demand. as such, the demand was made on 6.10.1998 which can be said to be a demand notice as contemplated under clause (b) of section 138 of the act and admittedly from that date complaints have not been filed within limitation after arising of cause of action. hence learned magistrate has rightly acquitted accused in all 3 cases ..... these facts, the trial court held that there was a demand of amount of 3 dishonoured cheques and said demand was as per proviso to clause (b) to section 138 of the act. all 3 complaints were held not filed within the stipulated period and complaint was held to be barred by limitation and accused came to be acquitted. complainant by ..... it was dishonoured and intimation dated 5.10.1998 was given to the complainant. demand of that amount was made but it was not satisfied, so alleging offence under section 138 of the act, second complaint came to be filed.in s.t.c. case no. 1000/99 complainant alleged offence on account of dishonour of cheque dated 1.10.1998 for ..... [9] => ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Mumbai - Year 2006 - Page 8 - Judgments | SooperKanoon Skip to content


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Nov 29 2006 (HC)

Krishnanath A. Prabhu Desai Vs. State of Goa and ors.

Court : Mumbai

Decided on : Nov-29-2006

Reported in : 2007(1)ALLMR162; 2007(4)BomCR385; (2007)4BOMLR385; 2007(6)MhLj106

..... the liquidation proceedings but in spite of lapse of period of 7 years, the registrar of co-operative societies has failed to act in accordance with the provisions of section 109.5. on the other hand, it is the case of respondent no. 4, that is the bank which came to be appointed as ..... the show cause notice the chairman of the said society filed its objections but respondent no. 3 by its order dated 28th april, 1994 passed under section 102(2) of the said act, confirmed the interim order dated 24th march, 1994 and appointed respondent no. 4 as liquidator of the society.3. it is the case of the ..... society, and it is deemed that the liquidation proceedings have been terminated.4. therefore, according to the petitioner the liquidation proceedings by virtue of section 109 of the maharashtra co-operative societies act is deemed to have been terminated on 27th april, 2001 and the asst. registrar was bound to pass the order of termination and thereby closing .....

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Nov 29 2006 (HC)

Vatsala Premchand Sarmal Vs. Raghunath Damodar Krachale and anr.

Court : Mumbai

Decided on : Nov-29-2006

Reported in : 2007(4)BomCR375; 2007(1)MhLj705

..... it was not possible for him to defend himself effectively before the tribunal in the proceeding relating to the permission prayed for by the management under section 33(3) of the act and therefore, the permission granted by the tribunal was vitiated. the workman relied on the judgment in state of maharashtra v. chandrabhan tale : ( ..... held that the non-payment of subsistence allowance vitiated the disciplinary proceedings. fakirbhai's case involved a protected workman as defined in sub-section (3) of section 33 of the industrial disputes act, 1947 against whom a finding of misconduct was arrived at in a disciplinary proceeding. the workman was in receipt of his salary and ..... of reasoning. fakirbhai 's case arose out of an application for approval to the dismissal of a workman, found guilty of misconduct, under section 33(3) of the industrial disputes act, 1947. the submission before the supreme court was, as a matter of fact that the denial of subsistence allowance during the pendency of the .....

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Nov 29 2006 (HC)

Golden Chemicals Ltd. Vs. Mohamad Azam Dil Mohamad Malik and anr.

Court : Mumbai

Decided on : Nov-29-2006

Reported in : [2007(113)FLR377]

..... language.4. a perusal of the impugned award indicates that the labour court has erred in granting relief to the workman. the exercise of the powers under section 11-a by the labour court are restricted to the re-appraisal of the evidence and commuting the punishment if it is shockingly disproportionate. the workman in ..... by the enquiry officer, dismissed the workman.3. being aggrieved by his dismissal from service, the workman approached the machinery available to him under the industrial disputes act and secured a reference for adjudication of his dispute regarding reinstatement with continuity of service and full back wages. by award part i dated 28.9.1995, ..... and vulgar words were used by the workman during this altercation with the security supervisor. these words have been reproduced in the charge-sheet and the exact acts of the workman have also been reproduced. an enquiry was instituted against the workman since his reply was not found satisfactory. the enquiry officer held that the .....

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Nov 29 2006 (HC)

Commissioner of Customs (General) Vs. Worldwide Cargo Movers

Court : Mumbai

Decided on : Nov-29-2006

Reported in : 2007(1)BomCR789

..... shown as the importer and prima facie, he had hardly economic strength to import any such vehicle as he himself stated in his statement under section 108 of the customs act which is otherwise admissible in evidence. that apart, all the documents submitted by the said rehman shaikh were having the stamp of the respondent ..... of rehman shaikh, the above-referred sanjay surshetwar, sanjay chhabria, yusuf poonawalla, the operation manager and the chief executive officer of cfs recorded under section 108 of the said act, freight manifest and bill of lading showing sanjay chhabria as the consignee and various panchanamas at the time of arrest and recovery of the vehicle. ..... of 2006. union of india and the commissioner of customs (general) are the respondents to this appeal. both these appeals are filed under section 130 of the customs act, 1962 ('the said act' for short) against an order dated 4th april 2006 passed by the customs excise and service tax appellate tribunal, mumbai ('cestat' for short .....

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Nov 29 2006 (HC)

Ashok Udaram Pathrabe Vs. Maharashtra Remote Sensing Application Centr ...

Court : Mumbai

Decided on : Nov-29-2006

Reported in : 2007(1)ALLMR717; 2007(1)MhLj519

..... appellate authority has co-extensive power to reappreciate the evidence or the nature of punishment.44. the court/tribunal in its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at its own independent findings on the evidence. the court/tribunal may interfere where the authority held ..... , power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. adequacy of evidence or reliability of evidence cannot be permitted to be canvassed ..... members of the governing body.6. the petitioner, during the course of employment, came to be served with charge-sheet dated 1-6-1999 for having committed acts constituting misconduct. the charge-sheet contained the following charges:(a) that, the petitioner claimed an amount of rs. 4116/- for journey from nagpur to kolhapur and .....

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Nov 29 2006 (TRI)

Jetking Information Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Nov-29-2006

Reported in : (2007)8STJ476CESTAT(Mum.)bai

..... training institute, computer training institute or a recreational training institute, to any persons from the whole of the service tax leviable thereon under sub-section (2) of section 66 of the said act. reading of the above notification clearly leads to the conclusion that the exemption provided is in respect of services relating to commercial training or ..... it is seen that the agreements between the appellant and their franchisees satisfy all the four requisites of the definition of 'franchise' as provided under section 65(47) of the act, and the appellant is liable to pay service tax on the said services.7. the appellants have also claimed the benefit of notification no.9 ..... under his brand name or trade name, in the same manner in which he himself was conducting the business. the definitions of franchisor under section 65(48) of the act, means "any person who enters into franchise with an franchisee and includes any associate of franchisor or a person designated by franchisor to enter .....

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Nov 28 2006 (HC)

Pune Cantonment Board Vs. Regional Labour Commissioner and ors.

Court : Mumbai

Decided on : Nov-28-2006

Reported in : 2007(3)ALLMR166; [2007(114)FLR989]; (2007)IILLJ609Bom; 2007(1)MhLj458

..... services (pension) rules, 1972. despite such an option having been exercised by the employees, they filed applications under section 4 of the payment of gratuity act claiming gratuity. the controlling authority under the payment of gratuity act, allowed the applications. the appeals preferred by the cantonment board pune have been dismissed. hence the present writ petition ..... in 2004 (1) clr 495, the supreme court has held that a teacher is not an employee under section 2(e) of the payment of gratuity act and hence the gratuity is not payable to a teacher under that act.6. the petitioner is, therefore, bound to pay the gratuity to all the other respondents, except respondent ..... and, therefore, the gratuity will be payable to the employees under the act. the qualifying test under section 1(3)(b) of the payment of gratuity act being satisfied, it was held that the employees are entitled to gratuity payable under this act.3. in the case of municipal corporation of delhi v. dharam prakash sharma .....

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Nov 28 2006 (HC)

Poona Shims Pvt. Ltd. Vs. B.P. Ramaiah, Regional Provident Fund Commis ...

Court : Mumbai

Decided on : Nov-28-2006

Reported in : 2007(3)BomCR981; [2007(112)FLR1196]; (2007)IILLJ620Bom; 2007(1)MhLj463

..... and representations were sent to the respondent by the petitioner thereafter upto february, 1993 for being allotted a separate code number. no enquiry under section 7-a of the act was conducted by the respondent.4. despite all the efforts made by the petitioner to have its establishment covered voluntarily and then to obtain a ..... sub-account with the state bank of india.5. the regional provident fund commissioner's office, however, thereafter issued a notice to the petitioner under section 14-b of the act levying damages for the alleged defaults in remitting the contributions from april, 1986 to june, 1994. the regional provident fund commissioner has, in exercise ..... and allot the petitioner a sub-code number. the petitioner was not told the basis of such clubbing nor was any enquiry held under section 7-a of the act prior to the clubbing of these establishments. the provident fund authorities have clubbed the establishments together without any material on record indicating the nexus .....

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Nov 28 2006 (HC)

Kapila Dairy Pvt. Ltd. Vs. Rajendra Balasaheb Kulkarni and ors.

Court : Mumbai

Decided on : Nov-28-2006

Reported in : IV(2007)BC214

..... no demand. as such, the demand was made on 6.10.1998 which can be said to be a demand notice as contemplated under clause (b) of section 138 of the act and admittedly from that date complaints have not been filed within limitation after arising of cause of action. hence learned magistrate has rightly acquitted accused in all 3 cases ..... these facts, the trial court held that there was a demand of amount of 3 dishonoured cheques and said demand was as per proviso to clause (b) to section 138 of the act. all 3 complaints were held not filed within the stipulated period and complaint was held to be barred by limitation and accused came to be acquitted. complainant by ..... it was dishonoured and intimation dated 5.10.1998 was given to the complainant. demand of that amount was made but it was not satisfied, so alleging offence under section 138 of the act, second complaint came to be filed.in s.t.c. case no. 1000/99 complainant alleged offence on account of dishonour of cheque dated 1.10.1998 for .....

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Nov 28 2006 (HC)

Maratha Samaj Seva Mandal and anr. Vs. Mrs. Rajani Rajan Dixit and ors ...

Court : Mumbai

Decided on : Nov-28-2006

Reported in : 2007(3)BomCR198; 2007(1)MhLj544

R.M.S. Khandeparkar, J.1. Heard. The petitioners challenge judgment and order dated 6th October, 1993 passed by the School Tribunal in Appeal No. 61 of 1992 whereby the respondent No. 1 has been declared as Full Time Teacher in respect of Chhatrapati Shivaji Night Junior College of Arts and Commerce, Solapur.2. While challenging the impugned order the learned advocate for the petitioners has drawn my attention to clause 54.3 of the Secondary Schools Code and relying upon an unreported decision of the Division Bench of this Court in the matter of Maratha Samaj Seva Mandal, Solapur and Anr. v. Madhukar Sadashiv Vyawahare and Ors. in Writ Petition No. 467 of 1993 delivered on 24th March, 2006, submitted that in case of Night Junior Colleges, the classes are required to be conducted only for two and a half hours duration and therefore the teachers appointed in such colleges are not entitled for declaration as Full Time Teachers or on regular pay scale meant for full time teachers, and, the...

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