Court : Mumbai
Reported in : [2005(107)FLR454]
..... -hrd to the president - indian pilots guild on the subject of protected workmen records as follows:this is to convey the management's approval for according the status of 'protected workmen' under section 33(4) of the industrial disputes act, 1947 read with rule 61 of the industrial disputes (central) rules, 1957 to the below mentioned office bearers of indian pilots guild (ipg) as desired by you for the period upto january 3, 2004.s.no. name post ..... of the whole or part of any pecuniary loss caused to the company if the employee is found in a disciplinary proceeding or judicial proceeding to have been guilty of offences/ misconduct as mentioned in sub-section (6) of section 4 of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment or on contract after retirement however, the provisions of section 7(3) and 7(3-a) of payment of ..... as the first question is concerned, the answer thereto depends on as to whether the services of the petitioners were governed under the air india employees service regulations which apply to the executives or whether they were workmen under the industrial disputes act, 1947. ..... standing orders) applicable to you, of which ipg is a party, employee workman can be your defence, hence engaging the service of a legal counsel does not arise.the proceedings fixed on 16lh may, 2003 shall be held as scheduled.sd/-convenor8 .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR473; (2003)105BOMLR767
..... under the scheme of amalgamation, all the assets and liabilities of the first transferor company as well as second transferor company are to vest in the petitioner company. ..... a scheme of arrangement (for short 'the scheme') was proposed by the first transferor company as well as second transferor company proposing their amalgamation and their merger into the petitioner company. ..... the whole of the share capital of the first transferor company as well as second transferor company is held by the petitioner company which is the transferee company and no shares are to be issued to the shareholders of the first and second transferor companies whose shares are to stand cancelled on amalgamation. ..... approved subject to the approval of the scheme by this court.in view of this, scheme is approved and the petition is allowed in terms of prayer clauses (a) to (d).the petitioner company shall pay rs. 2,500/- as costs to the regional director.parties to act on a copy of this order duly authenticated by the company registrar ..... 221 of 2002, the high court of gujarat at ahmedabad has sanctioned the scheme of amalgamation of the first transferor company with the petitioner,3. ..... saurashtra paints limited (hereinafter referred to as 'first transferor company) and gnp (madras) limited (hereinafter referred to as 'second transferee company'). ..... by the first affidavit, the petitioner has proved the service of notice on the central government through the regional director, western region on 11th february, 2003. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]267ITR78(Bom)
..... that the term 'refund' and the expression 'any amount' in section 240 refer to the amount paid by the assessee in excess of the chargeable amount of tax or interest or penalty under the said act and which, either in entirety or part thereof, becomes refundable by the revenue department to such assessee, but the same does not include any amount payable by the department in the form of interest on ..... advocates for the parties and perusal of the records, the following points arise for consideration :(i) whether the provisions of law comprised under section 240 read with section 244(1) of the said act entitle the assessee to claim interest on interest in case of failure on the part of the revenue department to pay to the assessee the refund amount within the period of three months ..... 31-3-1975, in pursuance of any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceeding under this act to be in excess of the amount which such assessee is liable to pay as tax or penalty, as the case may be, under this act, the central government shall pay to such assessee simple interest at the rate specified in sub-section (1) on the amount so found to be in excess ..... firstly, it is sought to be contended that the provisions of law contained in section 240 read with section 244(1) of the said act clearly provide for interest on interest when the revenue fails to refund the amount due to an assessee within the period of three months from the date of .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR49
..... pronouncements, we are not inclined to refer to the decided case-laws which are voluminous in this regard and it is for the said reasons, we are of the considered opinion that even the first incident fails to come within the ambit of 'public order' of the rest of the activities committed by the detenu along with his associates and particularly the incidents happened in the second case registered in c.r. no. ..... placing reliance on the above prejudicial activities, placed by the sponsoring authority, the first respondent the detaining authority had gone through each and every aspect of the same meticulously and arrived at the subjective satisfaction that the prejudicial activities of the detenu ..... of police, the first respondent by virtue of section 3(1) of the maharashtra prevention of dangerous activities of slumlords, bootleggers drug-offenders act, 1981 as amended in 1996 as well as section 8 of the said act and to quash ..... segment of the society in a particular area, then it would undoubtedly, come under the definition of 'public order' and that in order to prevent such prejudicial activities by virtue of sub-section 1(3) of the act, it would be proper to clamp the order of detention against such a person. ..... order on the detenu by the first respondent, does not become vitiated and thus has become valid in law, and that failure of one ground may not affect the very availability of other grounds as found in the grounds of detention by virtue of section 5(a) of the mpda act, 1981.13. .....
Tag this Judgment!Court : Mumbai
Reported in : (2009)IILLJ458Bom
..... examining several judgments including that of apex court, division bench concluded that the appellate authority under the said act cannot entertain the appeal beyond 120 days from the date of receipt of the order. ..... supra) held that the time taken for complying with return ordered by appellate authority under payment of gratuity act-1972, cannot be included for calculating limitation (of 120 days) for filing appeal. ..... (supra) was whether the appellate authority under the payment of gratuity act, 1972 can entertain the appeal beyond 120 days from the date of receipt of the ..... the order dated october 5, 2006 the controlling authority under the payment of gratuity act, 1972 passed an order thereby directing the petitioner company to pay respondent no. ..... the petitioner deposited the amount for the first time with appellate authority on march 12, 2007 and therefore, it is to be presumed that the petitioner filed an appeal on march 12, 2007 which is beyond the period of 120 ..... (supra), the appeal under section 7(7) of the gratuity act was filed within the extended period of 60 days along with the application for condonation ..... firstly, that the appeal being filed on december 13, 2006, the same is well within the period of limitation as contemplated under section 7(7) of the payment of gratuity act, ..... controlling authority under payment of wages act, (supra) held that non compliance of condition with regard to production of certificate and deposit does not result in dismissal of appeal and appeal is .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR865
..... considered together, and having regard to the provisions of section 2(2) and sub-section (9)(f) of the bml act, it will have to be said that the suit filed by him was for recovery of loan advanced in the course of money lending transaction. ..... gangapurwala that isolated transactions cannot fall within the ambit of the bombay money lenders act, 1946, unless it is shown that the person deals in series of transactions of advancing loans, as a part of his business. ..... the learned single judge held that in view of section 80 of the negotiable instruments act, the interest could be charged whether it was agreed or not between the parties. ..... before i proceed to consider relevant legal provisions of the bombay money lenders act, it is worthy to be noted that several documents were placed on record by the respondent/defendant in support of his contention that the plaintiff/appellant was dealing in money lending business ..... as a matter of fact, it was necessary for the first appellate court to consider the import of such documents, which are placed on record ..... whether the first appellate court committed patent error while interpreting the provisions of section 2(9)(f) of the bombay money lenders act, 1946?2. ..... the first appellate court relied upon provisions of the bombay money lenders act, 1946 as well as view taken by this court in dharamdas motibhai wani v. ..... with the result, it falls within the mischief of the provisions of bombay money lenders act, 1946 and hence section 10 thereof is attracted.11. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(57)ELT593(AP)
..... 23 of the first schedule to the central excises and salt act, 1944 and manufactured in a mini-cement plant, from so much of the duty of excise leviable thereon under the said act at the rate specified in the said first schedule as is in excess of the amount calculated ..... it is further urged on behalf of the petitioners that since the petitioners believed the representations made by the government of india in the press-note dated 4-1-1979 that they would be granted exemptions to the extent of 50% in the payment of excise duty for a period of five years from the date of going into commercial production, the government of india should be ..... gujarat : [1966]1scr505 the supreme court has held that the rules framed under section 26(5) of bombay agricultural produce markets act (22 of 1939) does not prescribe that rules require validity only from the date on which they were placed before houses ..... in the same judgment the supreme court has cited with approval the passage in motilal 'p' sugar mills' case : [1979]118itr326(sc) which is in the following terms : 'there can be no promissory estoppel against the legislature in the exercise of its legislative functions nor can the government of public authority be debarred by promissory estoppel ..... was issued by the central government in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944 and in supersession of the notification of the government of india in the ministry of finance (department of revenue) no. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1983)LC1900DTri(Mum.)bai
..... thakor has explained that it was for the first time with effect from 1-3-1975 that item 68 covering all goods not elsewhere specified, was included in the first schedule to the central excise act. m/s. ..... pattekar for the department explained that after levy of duty under item 68 by the finance bill of 1975, the appellants were required to give a declaration of the excisable goods which they had done and the inspector of central excise had made the remarks on the delaration which were very ..... order was wrong as the appellants' claim for refund was under the general law of limitation and not under rule 11 of the central excise rules.however, the appellants filed in the first appeal to the appellate collector of central excise on 28-8-1978 and the appellate collector rejected their appeal on 24-11-1979 on the grounds that the original claim for refund of the appellant was barred under rule 11. ..... 68.soon after the insertion of item 68 in the central excise tariff by the finance bill of february, 1975, the appellants were asked to give the declaration of excisable goods in their factory and they had given the declaration in their letter dated 5-3-1975 inter alia showing therein the ..... he has submitted that the charging section was section 3 of the act and it had to be read with rule 2(v) which defined "duty" as duty payable under section 3, and rule 7 of the central excise rules ..... this purpose, i reproduce below item 68 as inserted in the central excise tariff by the finance bill of 1975 : "68. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1987)(11)ECC8
..... dated 29-11-1980 : in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944, the central government hereby directs that each of the notifications of the government of india in the ministry of finance (department of revenue) specified in column (2) of the table hereto annexed shall be amended in the manner specified in the corresponding entry in column (3) of the said table. ..... at the hearing of the appeals there was no dispute between the parties about basic customs classification under heading 39.01/06 of the first schedule to customs tariff act, 1975 in respect of imported hdpe. ..... had held that hdpe is exempt from excise duty under notification dated 4-12-1979 and it is not permissible to levy countervailing duty thereon under section 3 of the customs tariff act, 1975. ..... appeals, raising common issue and disposed of by this common order, is whether imported high density polythelene moulding powder (hereinafter called hdpe") is eligible to concession in respect of additional duty under exemption notification 302/79-ce, dated 1-2-1979 as amended by notification 184/80-ce, dated 29-11-1980.2. ..... decision was concerned with the very same notification 302/79-ce, dated 4-12-1979 and hope. ..... 302/79-ce, dated 4-12-1979 : in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944, the central government hereby exempts artificial or synthetic resins and plastic materials specified in column (2) of the table below, falling .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(42)ELT509TriDel
..... turkey or yugoslavia or the republic of korea or tunisia or the arab republic of egypt or chile or mexico or uruguay or peru or paraguay or bangladesh or romania, are exempt from so much of that portion of the standard rate of duty of customs specified in the said first schedule with respect to the aforesaid goods read with any other notification (for the time being in force) issued with respect of such goods under sub-section (1) of section 25, of the ..... . he cited the case of aggarwal tyres v.commissioner of sales tax : 1979 (43) stc 425 (mp) in support of his plea that the word 'other form' covered even rolls ..... . we observe that the exemption has been given in respect of the specified items falling under 'specified tariff heading' in the first schedule to the customs tariff ..... ., dated the 27th january, 1979 and notfn. no ..... . first schedule to cession the customs tariff--------------------------------------------------------------------------------(1) (2) (3) (4)-------------------------------------------------------------------------------- (i) polyvinyl chloride: 39.01/06 50 per cent of the (a) liquid standard rate of duty (b) powder and grains 6 .....
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