Court : Mumbai
Decided on : Mar-18-1998
Reported in : (1999)ILLJ719Bom
..... rebello, j. 1. leave to amend. amendment to be carried out during the course of the day: the petitioners in both the petitions have raised the following two questions : (1) whether in a complaint filed under item 9 of schedule iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 for breach of agreement, etc ..... , they point out, has not been concluded by any judgment of this court including the judgment referred to by the respondents. 7. on the contrary in the case of indian hume pipe co. ltd. v. m.a. deshpande, member industrial court and anr. (1984-i-llj-46), learned single judge of this court in para 8 observed ..... 17. the reliefs sought for by the petitioners inter alia were staying the order of the industrial court and declaration that the lock-out is illegal. by the amendment the petitioner has sought the following prayer: '(cc) pending the hearing and final disposal of the writ petition, this hon'ble court be pleased to direct the respondent .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1998
Reported in : 1998(4)ALLMR115; 1999(5)BomCR124; 1999BomCR(Cri)124; 1999CriLJ4361
..... set aside. the petitioners are sought to be prosecuted in the aforesaid cases for an alleged offence under section 138 of the negotiable instruments act (for short 'the act'), as amended. all the petitioners are accused in the learned metropolitan magistrate's 20th court, mazgaon, mumbai. the petitioner nos. 2 to 5 in ..... chhotalal mody, respondent no. 2 herein, alleging that he is the creditor of the petitioners. petitioner no. 6 is a partnership firm registered under the indian partnership act, 1932 having its office and place of business at amrut, hansoti road, carna lane, ghatkopar (west), mumbai- 400 086. petitioner no. 6 is ..... supreme court judgment in modi cements (supra). after considering the earlier judgment of the supreme court given in electronics trade and technology development corporation ltd., secunderabad v. indian technologists and engineers (electronics) (p). ltd. & another, : 1996crilj1692 , a larger bench of the supreme court has held that the observations made therein, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-17-1998
Reported in : 1998(3)ALLMR729; 1998(4)BomCR710; (1998)2BOMLR5; [2000]101CompCas343(Bom)
..... the sale of the goregaon properly and to defeat the decree which has been passed against it. it is further submitted that there is deliberate misstatement in the amended scheme about the value of the claim of mssidc. it is further submitted that the petitioners have deliberately included their family members and secured creditors by styling ..... . pursuant to the orders dated 15-2-1994 and 16-2-1994 the petitioner company proposed to hold the meeting of the unsecured creditors of the company at the indian merchants chamber, churchgate, bombay on 19th february 1994 at 2,00 p.m. this was, however, postponed to 16th april. 1994. a notice to this effect ..... no. 145 of 1993 was filed by mr. arunkumar poddar in the aforesaid company application no. 303 of 1992 seeking stay under section 391(6) of the companies act of continuation of suits, winding up petitions and other proceedings. these proceedings are said to be pending .4. the various other proceedings filed against bedrock include summary suit .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1998
Reported in : 1998(3)BomCR837; 1999(1)MhLj462
..... as well as by any further statutory changes those may be brought about in such law. now if we peruse the preamble of the new act, it is seen that it reads thus:'an act to consolidate and amend the law relating to domestic arbitration ..... and for matters connected therewith or incidental thereto.'the statement of objects and reasons as given in the ..... arbitration in india is at present substantially contained in three enactments, namely the arbitration act, 1940. .....'.in other words, the new act has come into force as a result of consolidation and amendment of all the laws relating to arbitration - domestic as well as international, which include the old act. being so, considering the clause 25 in the agreement which provides that '..... or any .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-1998
Reported in : 1998CriLJ4496
..... the other amendments effected by criminal law (amendment) act, 1983 were to sections 174 and 176 of the said criminal procedure code and the insertion of section 198-a in the cr. p. c. the necessary amendment in the first schedule to the code of criminal procedure, inserting section 498-a, was also made. as far as the indian evidence act, 1872 ..... the hapless woman concerned, constitute only a small fraction of the cases involving such cruelty. it is, therefore, proposed to amend the indian penal code, the code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by their in ..... provisions of section 306, l.p.c. which was already on the statute book. it was, therefore, proposed' o suitably amend the indian penal code, code of criminal procedure, 1973 and the indian evidence act, 1872 to effectively deal with not only the cases of dowry deaths, but also the cases of cruelty to married women .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-1998
Reported in : II(1998)DMC569
..... the correctness of the judgment of punjab and haryana high court acquitting the husband of the offence punishable under section 306 of ipc. in para 24 of the judgment, the apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under :'...the degradation of society due to the pernicious system of dowry and the unconscionable demands made ..... persons. it is then contended that there is no vagueness or obscurity in the definition of the word 'cruelty' contained in section 498a of ipc, lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, there is a rational nexus between the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-1998
Reported in : 1998(2)ALLMR596; 1998(3)BomCR458; 1998(3)MhLj438
..... state to make a law relating to the carrying on of such occupation, trade or business as mentioned in clause (6) of that article as amended by the constitution (first amendment) act, 1951. if, therefore, the licence fee cannot be justified on the basis of any valid law, no question of its reasonableness can arise. an ..... and others v. union of india and others : [1984]1scr657 , the petitioners were coal merchants who had challenged the virus of section 27-a of the indian railways act, 1890 and the circular issued thereunder on 1st april, 1972 regarding preferential traffic schedule providing for priority for movement of different goods including coal. the petitioners coal ..... . commissioner to insist on the production of a certificate of residence for 15 years. it is, therefore, contended that the corporation and its officers are acting arbitrarily in insisting upon the production of the certificate of residence of 15 years as a condition of eligibility for grant of licence for hawking and hence .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-18-1998
Reported in : 1999(5)BomCR519; 1999BomCR(Cri)519; (1999)3BOMLR394; 1999CriLJ4449; 1999(2)MhLj650
..... of protocols for test or analysis. now we are concerned with the case subsequent to the amendment. in the above case, the supreme court has observed that the analyst's report is not required to state the protocols and only to give the result of ..... v. the state of madras, reported in : 1966crilj803 . before the apex court, the case was prior to the amendment in rule 46 of the drugs and cosmetics rules, 1945. now there has been a substantial amendment to the aforesaid rule with effect from 21st july, 1962, whereby the explanation has been added explaining the meaning of supply ..... next issue for consideration is that whether the government analyst's report is reliable and can be acted upon, in the sense whether the government analyst had analysed the said sample properly in accordance with the prescribed procedure as per the indian pharmacopoeia vol. i and ii. the methodology to be adopted for the analysis of various drugs .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-17-1998
Reported in : 1999(2)BomCR588
..... to be re-opened under the proviso to section 3 of the delhi rent control (amendment) act, 1976, (b) any person to whom a licence, as defined by section 52 of the indian easements act, 1882, has been granted. in other words, under the delhi rent control act, the term 'tenant' also includes any person continuing in possession after the termination of ..... eviction proceedings against the appellants.5. shri. n.k. sawaikar, learned advocate for the respondent, on the other hand, submitted that section 2(p) of the said act was amended only in the year 1978, and was brought into force w.e.f. 18-5-1978 and it is not of retrospective nature. undisputedly, contractual tenancy came to an ..... the termination of his tenancy, but shall not include any person against whom any order or decree for eviction has been made.'the said definition was amended by act no. 7 of 1978 and the amended section reads thus:-'2(p) 'tenant' means any person by whom or on whose account or behalf the rent of any building is, or .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-13-1998
Reported in : 1998(3)ALLMR710; 1998(3)BomCR352; (1999)IILLJ506Bom
..... had an occasion to deal with the powers of the lower courts to entertain the applications filed under section official of the m.r.t.u. & p.u.l.p. act, 1971 and the division bench observed, inter alia, as under :--'the learned member of the tribunal, without notice to the otherside, passedan ex parte interim order which in our ..... labour court, aurangabad on or about 27-1-1998 alongwith an application for interim relief under section 30(2) of the m.r.t.u. & p.u.l.p. act, 1971. the learned judge of the labour court, without issuing any notice to the other side, allowed the application by his order dated. 28-1-1998 and issued notice ..... court to frame rules under section 33 ofthe m.r.t.u. & p.u.l.p. act, 1971 laying down the procedure for exercising the powersunder section official of the said act, both by the labour courts as well as industrialcourts and accordingly, the rules were amended by the industrial court sometimes in1992. accordingly rule 75 in the labour courts (practice & procedure) .....
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