Court : Mumbai
Reported in : (1999)101BOMLR479
..... (c) whether the trial court was justified in decreeing the suit of the respondents by invoking the provisions of section 6 of the specific relief act after coming to a finding that the respondents had failed to establish that he was a lessee of the suit plot.2. ..... prior to the grant of lease by a document of sale dated 3rd march, 1987 the appellant had sold to the respondent a crusher installed in the suit plot and hypothecated to the karnataka bank and dena bank and the respondent had cleared the loan dues as well as paid all other dues except the amount of rs. ..... 10,000/- outstanding with the karnataka bank. ..... . considering the provisions of sections 17 and 49 of the registration act 1908, the deed was required to be registered ..... . 1989 (2) 118, has held that the rent act is not applicable to the premises which are not buildings and in respect of those premises the provisions of the portuguese decree no ..... . 43525 prescribes for regulating the relationship between landlord and tenant and the rights are not governed by the provisions of transfer of property act .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR28; 1999(4)BomCR45
..... we also did not come across the notification about ahh-468 seed under section 5 of the seeds act and in that event the seed could not be marketed or sold at the relevant time. ..... we, therefore, do not wish to read any non-compliance of provisions of section 13 of consumer protection act, when there is massive failure of crop, it pinpoints the defective seed and not improper cultivation. ..... here we find that the grievance committee is constituted under the rules and act and we believe that the report of that committee is on a higher evidentiary pedestal. ..... we cannot lose sight of the fact that consumer protection act is for the benefit of the consumers and it has been laid down by the courts that the said act shall be read down in order to serve the main purpose of the welfare of the ..... the state of karnataka, department of agriculture & others, upheld the report of the committee about the defective cotton ..... national commission in the case of malaprabha neerwari balakedarara (irrigation consumer) co-op. ..... under section 104 of the evidence act, when the fact is within the special knowledge of the party, which in this case is the producer, that party itself should discharge the onus and that can be done only by opposite party sending ..... seeds and the distributors have taken shelter under section 13 of the consumer protection act. ..... the district forum rightly held that the riots may not have been left with seeds after transplantation and according to the provisions of section 13(1)(c) of c.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR183; (2000)IIILLJ869Bom
..... them as daily rated workers for years together; and the problems before the university, we think that it would be better that the state government should exercise its power under section 10 or section 10-a of the industrial disputes act by making a reference for drawing up a scheme for regularisation of services of these workers. ..... view and reposing our trust in the relevant instrumentalities of the state that may be connected with the implementation of the scheme to act with a sense of fairness, anxiety to meet the demands of the human requirements and also anxious to fulfil the constitutional obligations of ..... of maharashtra, from time to time, revised the wages by adopting the procedure prescribed under the minimum wages act and whenever there is increase in the minimum wages, the daily rated workers are being paid as per ..... respondents are being directed that if there is any case of retrenchment of daily rated workers covered under the provisions of the industrial disputes act, then the retrenchment be carried out as per the prescribed procedure under the industrial disputes act with respect to individual worker for effecting the retrenchment and for paying the compensation on retrenchment.73. ..... university depend on the rainfall and irrigation facility provided. ..... state of karnataka, reported in : (1990)iillj318sc must be given due recognition by the authorities in this matter:'we can well realise the anxiety of the petitioners who have waited too long to share the equal benefits .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)ALLMR810; 2003(3)BomCR22; 2003(2)MhLj437
..... thus the two judgments relied upon by the apex court to arrive at the conclusion arrived at in executive engineer, state of karnataka (supra), nowhere have laid down the tests to hold as to why irrigation department is to be excluded from the definition of industry. ..... it further provides that where a workman is not in continuous service within the meaning of clause (1) of section 25-b for a period of one year or six months, he shall be deemed to be in continuous service under an employer for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to calculation is to be made, ..... ) the apex court had considered the tests laid down in various earlier judgments of the apex court itself culminating in the judgment in bangalore water supply (supra) and thereafter had arrived at a conclusion that the irrigation department falls within the definition of industry within the meaning of section 20 of the i. d. ..... the petitioner has impugned the award dated 5th march, 1993 passed by the presiding officer, labour court, kolhapur in the reference made for adjudication under sections 10(1) and 12(5) of the industrial disputes act, 1947 (for short 'i.d. ..... it follows section 25-f of the industrial disputes act, 1947 will have no application. ..... thereafter, he approached the labour court under section 10 of the industrial disputes act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR637; [2006(3)JCR181]; 2006(6)MhLj123
..... binding judicial pronouncement between the parties cannot be made ineffective with the aid of any legislative power by enacting a provision which in substance overrules such judgment, particularly in a case like this where the validation act, 1992 has been enacted with the sole intent to nullify the judgment and orders passed by this court including the order dated 30th september, 1991 passed in the company's writ petition. ..... bhagwat, the supreme court declared section 11(2) of the karnataka state civil services (regulation of promotion, pay and pension) act, 1973 unconstitutional, illegal and void as it was held by the supreme court that the said provisions seem to do away the judgments, decrees and orders of the court which became final against the state ..... in the light of the situation obtaining therein, the supreme court reached the conclusion that the ordinance namely karnataka cauvery basin irrigation protection ordinance, 1991 nullifies the decision of the tribunal dated 25th june, 1991 and it impinges upon the judicial power of the state and is, therefore, ultra vires the ..... the ordinance is also against the basis tenets of the rules of law inasmuch as the state of karnataka by issuing the ordinance has sought to take law in its own hand and to be above the law, such an act is an invitation to lawlessness and anarchy, inasmuch as the ordinance is a manifestation of a desire on the part of the state to be a judge in its own cause and to defy the decisions of the judicial .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR267; 2007(1)BomCR205; 2006(5)MhLj838
..... . it can be seen that vide government resolution dated 19th september, 1962, recruitment rules have been framed for karkuns working in the irrigation and power department, three types of karkuns have been classified vide the said rules, namely daftar karkuns, sectional karkuns and mustering karkuns ..... . metropolitan (cited supra) has observed as under:to begin with the objection to the maintainability of the suit under section 9, of the civil procedure code was probably not raised in 1954 and 1959 and if raised was not pressed ..... pratamsingh narsinh parmar (cited supra) has held that before coming to a conclusion that the provisions of industrial disputes act are applicable to the disputes between a workman and the establishment where he works, it is necessary that there has to be positive assertion regarding nature of duty discharged by the complainant as well as the job of the establishment where he had ..... . parmar (cited supra) that in order to entertain a dispute between an employer and an employee under the industrial disputes act, it is a necessary condition that there has to be an assertion by the complainant by placing necessary facts, that his employer is an industry ..... he further submitted that in view of the judgment of the constitution bench of the apex court in the case of secretary, state of karnataka v. .....
Tag this Judgment!Court : Mumbai
Reported in : [2007(116)FLR76]
..... there can be no doubt about the principle of law that under section 11-a of the industrial disputes act, 1947, the industrial court or the labour court as the case may be, is vested with a wholesome discretion to determine as to whether the findings which have been arrived at in the course of a disciplinary enquiry are sustainable and on the ..... despite this, the labour court held that since in the case before the karnataka high court, remaining absent from service for five years was condoned, the same relief could be granted in the present case ..... on perusing the award part-ii of the labour court, i find that the labour court was impressed by the judgment of the karnataka high court which he has wrongly termed 'the parent high court'. ..... but like ail discretion which is tested in a body which is conferred with judicial power, the discretion under section 11-a has to be exercised judiciously having regard to the facts and circumstances of each case. ..... however, the labour court was of the view that the punishment of dismissal was too harsh in view of the judgment of the karnataka high court reported in 1996 (1) clr 188. ..... while granting relief to the workman in the facts and circumstances of that case, the karnataka high court has observed thus-4. ..... the judgment of the karnataka high court, which has been relied on by the labour court, has viewed unauthorised absence seriously although that was a case in respect of a person who was employed as a watchman/peon in the court of the munsiff at kadur .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ819
..... the said certificate was produced along with the application under section 92-a of the said act of 1939 filed by the claimants. ..... placing the reliance on decisions of punjab as well as karnataka high courts he submitted that the appellants and respondent no. ..... by preferring this appeal the appellants have taken exception to the judgment and award dated 22.8.91, passed by the learned member of the motor accidents claims tribunal at pune in a claim petition under section 110-a of the motor vehicles act, 1939 (hereinafter referred to as 'the said act of 1939'). ..... he submitted that as per rule 310 of the bombay motor vehicles rules, 1959, rules 1 to 15 of order 32 of the code of civil procedure, 1908 were applicable to the proceedings of a claim petition filed under section 110-a of the said act of 1939. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR555; 2009(1)MhLj299
..... the consideration in terms of price received for land under banafide transaction on the date of notification issued under section 4 of the act or a few days before or after the issue of notification under section 4 of the act generally shows the market value of the acquired land and the market value of the acquired land has to be assessed in terms of those transactions ..... for delayed payment of such amount appropriate interest at the prevailing bank rate may be awarded.thus, it is clear that where the possession is taken prior to the issuance of section 4 notification, it has been held to be just and equitable that the collector should determine and pay the rent or damages for use of the property to the land owner. ..... we do not propose to interfere with the judgment and award passed by the district judge in relation to the payment of sum by way of interest for a period of about one month prior to the issuance of notification under section 4(1), as in our opinion, the said amount would represent the rent and/or damages, which the claimants would be entitled to. 6. ..... in a case where the landowner is dispossessed prior to the issuance of preliminary notification under section 4(1) of the act the government merely takes possession of the land but the title thereof continues to vest with the ..... this land covered by exhibit 32 is a bagayat land as the said land had irrigation facilities from the well as well as canal. ..... , are cultivated by irrigation, such lands have been treated as bagayat lands .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR24; 2009(4)MhLj620
..... meghe, learned counsel for the employee, contended that even if he was not entitled to benefit under section 25f of the act, provisions of section 25g require that the principle of last come first go has to be followed at the time of retrenchment of ..... pendency of this petition, the employee had made an application under section 17b of $ the act for direction that he should be paid full back wages pending this ..... here, in the present case, we are concerned with the first point; whether irrigation department is an industry or not?it may be noted that in des raj ..... in view of this, he is not entitled to protection and benefits under section 25f of the act, which provides that no workman or employee, who has been in continuous service for not less that one year, shall not be retrenched, unless one month's notice or wages in lieu of the notice ..... noted that same view was taken by division bench of karnataka high court in tungabhadra board v. ..... judgment of the supreme court in executive engineer (state of karnataka) v. k. ..... of this court came to the conclusion that executive engineer (state of karnataka) v. k. ..... , learned single judge of this court had an opportunity to consider whether the judgment rendered by the supreme court in executive engineer (state of karnataka) v. k. ..... not brought to the notice or was not considered by their lordships in executive engineer (state of karnataka) v. k. ..... contention, placed reliance upon judgment of the supreme court on executive engineer (state of karnataka) v. k. .....
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