Court : Mumbai
Reported in : 2001ACJ1295; 2001(3)ALLMR370; 2002(1)BomCR223; [2001(90)FLR1100]; (2001)IILLJ1022Bom
..... employee for damages in tort. necessary inference in the situation is that the commissioner is empowered to exercise powers conferred on him under section 23 of the workmen's compensation act, acts as a tribunal and is not a court.27. for the purposes of controversy in question, the observations of the apex court in harinagar sugar mills v. shyam sunder, ..... alternate optional remedy for certain classes of persons in certain special circumstances and for certain happenings.there are two requirements, which need to be satisfied by the commissioner to act under this act:(1) the party must forego its right under the common law of the land, (2) the facts giving jurisdiction to the commissioner must also exist side by ..... d.d. sinha, j.1. the division bench of this court vide order dated september 28, 2000 passed in letters patent appeals nos. 66/1993, 3/1996 and 11/2000 made a reference to the larger bench in view of conflicting judgments of the earlier division benches of this court in the case .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR95
..... application is held to be maintainable, then there is no dispute of facts because the occupation of the respondent-landlords was unauthorised occupation, not permissible under the act and therefore the tenants were entitled to get the possession.14. i am not inclined to accept the contention of shri limaye that section 29 also applies to ..... application could have been filed by the petitioners under section 29. under these circumstances under sub-clause (c) of section 89 there being no provision under the act under which he could have proceeded the only remedy was to file an application under section 84. in view of this shri gole points out that the petition ..... finding was recorded that petitioner no. 2 was not the tenant and a deemed purchaser of the suit lands.6. thereafter an application under section 84 of the act was filed by the present petitioner on 1st october 1973 for summary eviction of the respondent landlords. this application was filed before the assistant collector, junnar sub .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR173; 2003(4)BomCR683; (2003)IIILLJ780Bom; 2003(3)MhLj916
..... . the third judgment relied upon by mr. godhamgaonkar was in the case of cochin shipping co. v. e.s.i. corporation reported in : (1993)iillj795sc . the appellant in that matter was carrying on the business of clearing and forwarding at the port of cochin. the question was whether the establishment ..... v. a rajappa reported in : (1978)illj349sc . the apex court while dealing with the definition of 'industry' as occurring in the industrial disputes act, held that where there is systematic activity organised by co-operation between employer and employees for production and/or distribution of goods and services calculated to ..... road motor transport establishment; (v) cinemasincluding preview theatres and (vi) newspaper establishment as defined insection 2(d) of the working journalists (conditions of service) andmiscellaneous provisions act, 1955(45of 1955).- same as above - by orderand in the name of the governor of maharashtra. sd/-(v. srhiivasan)secretary to government6. now, as seen earlier .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)1BOMLR235; [2001(88)FLR692]; (2001)ILLJ1423Bom; 2001(2)MhLj169
..... the contributions of the employee, the employer as well as the interest which has been credited. provident fund is the foundation of an important measure of social security provided to employees of those establishments to whom the act applies. the monies which have been deducted from their wages as well as the amounts which the employer is required ..... .a. it has been observed that major transactions have been routed through hmp engineers (p.) ltd. and the prices offered by them have not been revised since 1993 in spite of regular increase in price of the same products sold to others. this has resulted in substantial decrease in the revenues of the company. considering the ..... sold to independent purchasers, was found to be between 40 to 50 percent. the prices at which products were sold to hmp had not been reviewed since 1993 though there were regular increases in the prices of the same products sold to other parties. the investigative report noted that hmp was making large payments on behalf .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR447; (2001)1BOMLR112; [2001(91)FLR108]; (2000)IIILLJ25Bom; 2001(1)MhLj708
..... contended that the workmen would have right to withhold their labour as a weapon to bargain and this has been regulated by the industrial disputes act, 1947. the act defines what the strike is and the circumstances in which it becomes illegal and the consequences of going on illegal strike. it is therefore a ..... also some other criteria. the defendants who represent alarge number of workmen employed by the plaintiffs were also invited. the long term settlement dated 1st june, 1993 was terminated on 31st may, 1998 and charter of demands was received from various unions including defendants. some meetings have taken place including three meetings between ..... law right to strike is restricted and indeed, prohibited during the continuation of the aforesaid notification. similarly, sections 22 and 23 of the industrial disputes act lay down certain circumstances under which strike may be prohibited. section 22 is confined to public utility services the prohibition contained in section 23 is confined .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR506; (2005)107BOMLR108
..... by the respondent by giving threats and coercion. therefore, those admissions, as explained and since were given under threats and undue influence, could not have been the foundation for order of eviction. the advocate mr. presswala, on behalf of the respondent, in the 'notice itself accepted the paying guest as sub-tenants. this ..... arising out of a common judgment and order passed by the additional chief judge of small causes court (for short 'appellate court') at bombay dated 28th september, 1993, whereby, both the appeals filed by the common petitioners/heirs of the original petitioner - paying quest - in both these writ petitions have been dismissed and ..... the said action of the advocate mr. presswala. the deceased respondent-owner thereafter., engaged another advocate mr. desai as the earlier advocate mr. presswala had not acted as per the instructions and authority of the respondent-owner.5. some time in june, 1974, the respondent-owner, therefore, filed an ejectment application in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR317; 2004(5)BomCR263; (2004)190CTR(Bom)306; [2004]268ITR102(Bom); 2004(4)MhLj58
..... and thereafter the taking over of possession and payment of consideration would not be completed transaction within the meaning of exception carved out in c.b. gautam : [1993]199itr530(sc) does not merit any acceptance. it is so because the supreme court judgment does not make the exception inapplicable merely because the transaction was completed during ..... .we may clarify that, as far as completed transactions are concerned, namely, where after the order for compulsory purchase under section 269ud of the income-tax act was made and possession has been taken over, compensation was paid to the owner of the property and accepted without protest, we see no reason to upset ..... passed on september 23, 1987, by the appropriate authority. inter alia, the petitioners have challenged the constitutional validity of chapter xx-c of the income-tax act and alternatively it is prayed that chapter xx-c may not be made applicable to the subject sale agreement. the petitioners have also prayed that the first .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom385; 2005(4)ALLMR875; 2005(6)BomCR55; 2006(2)CTLJ105(Bom); 2005(4)MhLj629
..... upon which, the respondent sought to contend that this document is nothing, but a contract of indemnity. the recital in the preamble in question itself cannot be the foundation to interpret the document in question as a document of indemnity. in the facts and circumstances of the case, all essential characteristics of a contract of guarantee are ..... are the guarantors-the surety and the supplier is m/s. pentagon -the principal debtor. as we have noted and as contemplated under section 124 of the contract act, such bank guarantee should have three basic ingredients i.e. creditor, guarantor and principal debtor. on a bare reading of this document, it is nothing but a ..... exhibit-46, is supported by the evidence of dw1 who is the witness of the respondent-bank. this witness has supported the written agreement which was signed and acted upon by the concerned parties, without any objection at the relevant time and treated the same as bank guarantee. 24. another witness of the respondents dw2 shri bal .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341
..... a result of a mutual promise. thus, license as defined in section 52 of the indian easement act can be a unilateral grant and unsupported by any consideration. the supreme court in state of punjab v. brig. sukhjit singh : [1993]3scr944 has observed that, 'payment of license fee is not an essential attribute for subsistence of license ..... dwarkadas mehra : air2001bom470 and the second in letters patent appeal no. 129 of 1993, bhagirathi lingawade and ors. v. laxmi silk mills, decided on 3-9-1993. the provisions of section 41(1) of the presidency small cause courts act, 1882 (for short, 'pscc act') and section 5(4a) of the bombay rents, hotel and lodging house rates ..... (control) act, 1947 (for short, 'the rent act') crop up for consideration in these petitions. in view of .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR841; (2007)210CTR(Bom)317
..... the incorporation of voltas power equipments limited between it and respondent no. 5, details of which are as follows:(i). by the first agreement dated 30th september 1993, it was agreed that respondent no. 5 will transfer to voltas transformers ltd. the transformer undertaking as a going concern together with all its employees and ..... respondent no. 5 was carrying on amongst other activities the business of manufacturing the electric transformers at its factory situated at nagar road, pune. sometimes in march 1993 voltas transformers ltd. (the petitioner referred by its earlier name) was incorporated as a wholly owned subsidiary of respondent no. 5 with the main object of taking ..... specific relief act, 1963.14. it is material to note that this judgment in the case of hari krishna kanoi (supra) was rendered on 11th september 1992 i.e. two months prior to the judgment rendered by the apex court in c.b. gautams case (supra) decided on 17th november 1992 and reported in : [1993]199itr530(sc) .....
Tag this Judgment!