Court : Mumbai Nagpur
..... continuity in service and also full backwages. the labour court has recorded the finding that there was violation of sections 25f and 25g of the industrial disputes act (in short "the i.d. act), the termination has been effected by way of punishment without holding an enquiry. 2. the facts of the case are as under: the respondent ..... the apex court in the case of s.m.nilajkarand others vrs. telecom district manager, karnataka, reported in 2003 ii clr 233. he has further relied upon the latest decision of the supreme court in the case of bhuvneshkumar dwivedi vrs. hindalco industries limited, reported in (2014) 11 scc 85. 8. even if the finding of the ..... be competent to give evidence so many years later if the labour court wishes to hold an enquiry into the matter. (i) an administrative order making reference of industrial dispute, which does not take into consideration the statutory requirements or travels outside, can be a subject-matter of judicial review by the high court under article 226 .....
Tag this Judgment!Court : Mumbai Nagpur
..... to take possession by starting digging operation on the suit plot. but the appellant obstructed him on the ground that the said sale-deed was nominal and not to be acted upon. he filed the suit for declaration that the said sale-deed be declared as 'simple mortgage' and the appellant be allowed to have a redemption thereof. interim injunction ..... o rambilas gilda...versus...smt. chhabubai w/o pukharajji gandhi, reported in 1982 (1) supreme court cases 4 that no bar under sections 91 and 92 of the indian evidence act would be obstructive. on facts and evidence, this court further held that the judgment of the appellate court was faulty.9. in the civil appeal no.4867/1999, the ..... . from the reading of the judgment of the apex court, it is clear to me that the question whether bar under sections 91 and 92 of the indian evidence act would be attracted and whether a party could lead oral evidence does not survive in view of the judgment of the supreme court in the case of smt. gangabai...versus .....
Tag this Judgment!Court : Mumbai Nagpur
..... for compliance therewith. the provision worded like such inquiry as it may consider necessary , by a subordinate legislating body is generally an enabling provision to facilitate subordinate legislating body to obtain relevant information from any source and it is not intended to vest any right in anybody. in paragraph 24, division ..... about illegalities on 26.03.2012 and those illegalities are continuous in nature. these assertions and explanation are apparently false and a petitioner claiming to act in public interest, with due vigilance and diligence could have taken steps immediately when he saw a huge building being constructed. there is no explanation ..... and ors. vs. basant nahata, reported at air 2005 sc 3401, whereby the hon'ble apex court quashed section like s. 22a of the registration act to show the approach to be adopted while understanding the land disposal rules and provisions prescribing additional conditions. to substantiate his submissions, shri mandlekar, learned counsel .....
Tag this Judgment!Court : Mumbai Nagpur
..... the writ petitions be dismissed. 50 mr.deshpande has relied upon the following decisions in support of his above contentions:- (1) (2006) 4 scc 1 - secretary, state of karnataka and others v/s umadevi and others. (2) 2012 all scr 8 - chief general manager, calcutta telephones district v/s surendra nath pandey and others. (3) (2002) ..... of this order. 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a common law for ..... the appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or appointment of .....
Tag this Judgment!Court : Mumbai Nagpur
..... the writ petitions be dismissed. 50 mr.deshpande has relied upon the following decisions in support of his above contentions:- (1) (2006) 4 scc 1 - secretary, state of karnataka and others v/s umadevi and others. (2) 2012 all scr 8 - chief general manager, calcutta telephones district v/s surendra nath pandey and others. (3) (2002) ..... of this order. 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a common law for ..... the appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or appointment of .....
Tag this Judgment!Court : Mumbai Nagpur
..... circulars issued by the board are binding on the department and relies upon the judgment of the hon'ble apex court in the case of cce, vadodara vs. dhiren chemical industries, reported at 2002 (139) elt 3 (sc). it took note of the fact that the circular dated 16.01.2004 supersedes all earlier circulars issued by the board. in view ..... made out and reliefs as claimed cannot be granted. 10. the questions of law sought to be raised by the appellant in this appeal under section 130 of the customs act, 1962, are as under : (i) whether the customs, excise and service tax appellate tribunal was right in relying upon the contents of board's circular no.4/2004-cus dated ..... b.p. dharmadhikari, j. 1. the appellant assessee has filed this appeal under section 130 of the customs act, 1962, assailing the order dated 12.05.2014 passed by respondent no. 1 the customs, excise and service tax appellate tribunal (cestat) and seeking conversion of shipping bill under deec .....
Tag this Judgment!Court : Mumbai Nagpur
..... 2004) 8 scc 621 while echoing that repugnancy must exist as a fact (para 12) decided that there was no repugnancy between the central industrial-development act, 1951 and the industrial regulation act. the said act does not contain the power to levy a fee. admittedly the central legislation does not levy a fee. (e) vijay sharma's case ..... (1990) 2 scc 562 affirms the principles of 'occupied field' operational incompatibility and irreconcilability to conclude that the karnataka carriage act and the motor vehicles act, 1988 ..... did not include raw material used in the industry or the distribution of the products of the industry. (c) in tulloch air 1964 sc 1284, a constitution bench, referred to tika ramji and held as follows :- we consider that this submission in relation to the act before us is without force besides being based .....
Tag this Judgment!Court : Mumbai Nagpur
..... , in which case benefit might not be denied on equitable ground; in cases where there has been a substantial failure on the part of the industrial unit to obtain such benefit owing to acts of omission and commission on its part, in our opinion, no such benefit can be given. law laid in hitechelectrothermics and hydropower ltd. v. ..... unit did not start till 31-12-1996. but the question for consideration is when the government has itself come forward alluring industrial units to set up their industries and when under the provisions of the electricity act, every consumer has the right to get the supply of power and in the case in hand, when power allocation has ..... of sales tax and ors. however this judgment considers the position of law prevailing prior to addition of s.41c to the state act. petitioners in this reported judgment had set up their industries in backward areas of state in order to take advantage of a package scheme of incentives. the division bench did not allow government to .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the case of s.nandkishore lahoti (supra) which deals with the question of sub-delegation under the provisions of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1966. 29. the division bench of this court in the case of mihir yadunath tatthe (cited supra) has considered the very issue which falls for consideration ..... justice into such legislative activity. moreover, a provision for 'such inquiry as it may consider necessary' by a subordinate legislating body is generally an enabling provision to facilitate the subordinate legislating body to obtain relevant information from any source and it is not intended to vest any right in anybody. (union of india and anr. ..... to note that the constitution bench of their lordships of supreme court in the case of k.t.plantation pvt. ltd. and another .vs. state of karnataka reported in air 2011 sc 3430 has approved the view taken in the case of pune municipal corporation (cited supra). it will be appropriate to refer to .....
Tag this Judgment!Court : Mumbai Nagpur
..... 4036 of 2003 dated 16.07.2004 (r.b. shriram durga prasad (huf) vs. tax recovery officer, range 7, nagpur and anr.) and judgment in the case of karnataka state industrial investment and development corporation ltd. vs. cavalet india ltd. and ors., reported at (2005) 4 scc 456; pravingada and anr. vs. central bank of india and ors., ..... is occupied by the provisions of 1993 act and second schedule ii of the income tax act, as such there is no scope for considering the guidelines laid down by the hon'ble apex court unless and until some lacunae or vacuum is pointed out in existing procedure. (2005) 4 scc 456 (karnataka state industrial investment and development corp. ltd. vs. ..... , he relies upon sections 19(22), 25, 29 and 28(x) of said act. 12. shri ghate, learned counsel appearing on behalf of respondent no. 3 begins by placing reliance upon the judgment of delhi high court in the case of m/s. unified agro industries (india) ltd. and ors. vs. debts recovery tribunal, new delhi and ors., .....
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