Court : Mumbai
Decided on : Dec-13-1967
Reported in : AIR1970Bom380; (1968)70BOMLR415; ILR1968Bom753
..... he also categorically averred that he had no business of bidi making and is not an employer within the definition of minimum wages act. the presiding officer and the authority, which is civil judge (junior division) treated the question of jurisdiction of the authority as a preliminary issue. it is unfortunate that the issues were not ..... in paragraph 16 only to adjudication of complicated questions of facts and law. but during the arguments, in disposing of the preliminary issue, the learned judge considered that objection to jurisdiction was in the matter of adjudication in the nature of relationship between the claimants and tho persons who were alleged to be ..... or relationship claimed has been brought about through the agency of some other person, or in the circumstances alleged. such an inquiry when necessary will be included as a part of the inquiry into ancillary matter required to be decided to determine the basic question of relationship between the claimant and the person, from whom .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-1967
Reported in : [1968(17)FLR206]; (1969)ILLJ21Bom; 1968MhLJ476
..... also categorically averred that he had no business of bidi-making and is not an employer within the definition of the minimum wages act. the presiding officer and the authority, which is civil judge (junior division), treated the question of jurisdiction of the authority as a preliminary issue. it is unfortunate that the issues were not ..... in para. 16 only to adjudication of complicated questions of facts and law. but during the arguments, in disposing of the preliminary issue, the learned judge considered that objection to jurisdiction was in the matter of adjudication in the nature of relationship between the claimants and the persons who were alleged to be ..... or relationship claimed has been brought about through the agency of some other person, or in the circumstances alleged. such as inquiry when necessary will be included as a part of the inquiry into ancillary matter required to be decided to determine. that basic question of relationship between the claimant and the person from whom .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1967
Reported in : (1968)ILLJ197Bom
..... electricity board and also members of the association. respondent 1, the maharashtra state electricity board, is a statutory corporation constituted under the electricity (supply) act, 1948 (central act 54 of 1948). respondent 1 issued an advertisement in newspapers, inviting applications for the post of executive engineers (e and m) in the board. ..... like respondent 2 suffers on account of this order, but the public authorities who have a constitutional obligation to discharge in exercise of their functions cannot act to the detriment of constitutional right of other citizens. but in upholding the constitutional right no undue injury should be suffered by any other citizen. ..... order, dated 11 may, 1966, appointing respondent 2 s. s. ghisad, as an executive engineer, be quashed, and that respondent 2 be restrained from acting as executive engineer of respondent 1. petitioner 1 is an association of engineers employed by respondent 1, i.e., the maharashtra state electricity board. petitioners 2 .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-26-1967
Reported in : (1968)70BOMLR177; 1968MhLJ185
..... the non-compliance of the form or manner will be, then, the question as to whether the prescription is directory or mandatory has got to be judged by examining the whole scope and purpose of the enactment concerned... .judicial precedents in india have recognised the principle enunciated by the english authorities that where ..... a view to see whether there was substantial compliance with the terms thereof. the notices concerned were given by the board to certain licensees, under the electricity act. then a passage from crawford on statutory construction has been quoted to the following effect (p. 333) :if a statute enumerates the things upon which ..... chadwick & bros. : [1953]4scr1028 and emperor v. rayangouda lingangouda : air1944bom359 . it may not be necessary to contest that section 8 of the general clauses act is equally applicable in interpreting statutes as well as instruments and that a document like a licence given to an undertaking is an instrument. it will answer the description of .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-1967
Reported in : AIR1968Bom106; (1967)69BOMLR504
..... entitled to redeem the whole of the mortgage property, but only the property that it had purchased on payment of proportionate amount of the mortgage dues. the learned trial judge made a decree for redemption of the entire mortgage property. in the three survey numbers, by decree, dated september 26, 1962, by this appeal the bank challenges the ..... sale came to be confirmed. defendants 9 and 10 challenged the said order of confirmation in appeal no. 48 of 1960, which was eventually dismissed on september 6, 1968. the society then instituted the present suit for redemption.(3) in the plaint, the plaintiff-society alleged that it had purchased 4 acres and 3 gunthas of the land ..... to the continued existence of the mortgage if the right is extinguished either say by conveyance of the said right by the mortgagor to the mortgagee by a voluntary act or by decree of a court such as one of foreclosure or by a completed sale in execution then the right could no longer subsist. subsequent provisions must .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-31-1967
Reported in : AIR1968Bom283; (1967)69BOMLR758; ILR1967Bom1392
..... when a dispute between the management and the employees was raised, the question for consideration was whether the dispute fell within the provisions of the industrial disputes act, 1947. the learned judge held that it did. but in holding so, he made the following observations: 'i desire, however, to make one position clear. a chartered accountant ..... a disciplinary committee formed under s. 17 of the act, and a suitable inquiry has got to be made. in particular instances the case of the delinquent is required to be forwarded to the high court and the high ..... made to subject the members of the profession to a rigorous discipline. the two schedules to the act enumerate the various items of professional misconduct in relation to chartered accountants in practice. section 21 provides for inquiry being made into the misconduct of a chartered accountant on complaint. the complaint has to be referred to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-1967
Reported in : AIR1967Bom378; (1967)69BOMLR530; 1967CriLJ1376; 1967MhLJ394
..... but for the purpose only of explaining any matter referred to in his cross-examination.'section 540 reads thus:-'any court may, at any stage of any inquiry trial or other proceeding under this code, summon any person as a witness or examine any person in attendance, though not summoned as a witness, or ..... request of the police prosecutor, the learned magistrate granted the application for recalling the witness sitalprasad havildar. the accused therefore filed a revision application before the sessions judge, nagpur, challenging the said order.(4) it was contended on behalf of the accused that the aforesaid witness was examined-in-chief by the police prosecutor. ..... prosecution witnesses, issued processes for the attendance of the remaining witnesses given up by the prosecution. it was held that the magistrate was legally entitled to act as he did under section 540 of the code of criminal procedure. in that case the question whether those witnesses should be treated as witnesses for the .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-15-1967
Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766
..... from disputing that the particular temple was the subject of a public religious trust. it was held by their lordships that the decision of the district judge under the charitable and religious trusts act - a decision from which under section 12 there is no appeal - was a decision in a summary proceeding, that it was not made final ..... , for it is then alone, and not otherwise, that principles analogous to res judicata would apply. as i have stated above, the simple issue in the summary inquiry under chapter vii as it existed at the material time was whether the tenancy was determined or the licence was withdrawn and if the applicant established that bare fact, ..... which were on the statute book at the material time show that a proceeding under chapter vii is in the legislature itself contemplated that an nature of a summary inquiry and order under section 43 would be subject to a decree passed in a regular suit. the second paragraph of section 47 expressly provided that the decree in .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-12-1967
Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937
..... were different. we have carefully gone through these two sections, and also through other relevant sections of the central provinces and berar industrial disputes settlement act, 1947, but we cannot accept the submission of sri mor that the provisions are either inconsistent or 'in irreconcilable conflict.' it would be seen ..... assistant commissioner of labour overruled these objections and held that the application by the respondent under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, was maintainable. the correctness and legality of that order are the subject-matter of challenge in the petition. 4. sri mor, advocate for ..... respondent 1 did not accept that his work was unsatisfactory and filed his application under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, for reinstatement and backwages before the labour commissioner on 6 august, 1965. 3. the petitioner filed its preliminary objections to the maintainability of .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-13-1967
Reported in : AIR1968Bom304; (1967)69BOMLR710; (1968)IILLJ177Bom; 1967MhLJ1019
..... above principles in that case one m who held the substantive grade of first grade mamlatdar was officiating as district deputy collector. subsequently, as a result of departmental inquiry for misconduct, he was reverted to his original rank as mamlatdar. he filed a suit for a declaration that the order of reverter was void and also for ..... is terminated and gave the right to possession, and not before the sub-letting of the property.(13) we, therefore, are of the view that the learned district judge was right in holding that the plaintiff was not entitled to any relief except one granted by him. the appeal therefore, fails and is dismissed with costs.(14) appeal ..... for mental and bodily suffering and towards legal expenses towards prior suit. the state appealed to the district court. the district court applied art. 102 of the limitation act and awarded only such part of salary or allowance as fell within three years prior to the date of the suit. it rejected the claim of the plaintiff .....
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