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Rashtriya Mill Mazdoor Sangh Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1988(1)BomCR188; 1987MhLJ955

..... therefore, article 21 is not available in a challenge to the said rule by a tort.in the context of policy of nationalisation of the life insurance business under the life insurance corporation act, 1956, this point arose in the case a.v. nachane v. union of india : (1982)illj110sc . majority judgment says :---''the ..... is nothing very special or original about overriding provisions contained in section 26 of the act. several legislation dealing with nationalisation such as life insurance corporation act general insurance business (nationalisation) act, the bombay relief undertaking act contain similar provisions. the act does have some peculiar features e.g. every old employee has no right of employment ..... of a proposal made by the government of the day which instead of proceeding under section 11(2) of the life insurance corporation act, choose to make an act of parliament protected by emergency provisions. i think that the prospects held out, the representations made, the conduct of the .....

Shakti Yezdani and Others Vs. Jayanand Jayant Salgaonkar and Others

Court : Mumbai

..... succession or inheritance in accordance with law. 21. in the case of sarbati devi, the apex court considered the effect of nomination under section 39 of the life insurance act, 1938. paragraph 3 of the said decision sets out the question which required consideration. in paragraph 5, the apex court analyzed section 39. in paragraph 8, ..... have taken on interpretation of section 10(2) of the employees' provident funds and misc. provisions act, 1952 and also by judgments of high court of delhi in the case of smt. om wativ. delhi transport corporation, 1988 labour and industrial cases 500 and also the recent judgment of the high court of gujarat ..... said decision, the apex court noted the difference between section 39 of the life insurance act, 1938 and section 6 of the government savings certificates act, 1959 and noted that section 6 starts with a non-obstante clause as distinguished from section 39 of the life insurance act. ultimately, in paragraph 13, the apex court observed that though the .....

M/s. Sonoma Management Partners Pvt. Ltd. and Another Vs. Bank of Maha ...

Court : Mumbai

..... 1201, 1202-04(para 3)] was a case where a person was in arrears of property tax, due under the bombay provincial municipal corporation act, 1949. consequently, the municipal corporation created a charge over the property of the defaulter. however, the property was sold in execution of a mortgage decree. when the municipal ..... by the transferor were not recoverable from him by proceeding against the property purchased in the auction. in the appeal before this court, the municipal corporation's main argument was that where the local law provided for the creation of a charge against a property for which municipal taxes were due, transferees ..... papers and proceedings in the writ petition along with the annexures thereto. we have also given our anxious consideration to the relevant provisions. the sarfaesi act is an act which enables regulation of securitisation and reconstruction of financial assets and enforcement of security interest or matters incidental thereto. the term 'debt' is defined in .....

JM Financial Asset Reconstruction Company Pvt. Ltd. Vs. State of Mahar ...

Court : Mumbai

..... except the obligations or liabilities incurred in favour of workmen of the said relief undertaking, the dues of the employees, state insurance corporation and any liabilities incurred under the employees provident fund and miscellaneous provisions act, 1952 (19 of 1952), the maharashtra land revenue code, 1966 (mah. xli of 1966), the maharashtra state tax on ..... security interest was created, could enforce their security without the intervention of the court and realise their dues. he submitted that the two acts, namely, the sarfaesi act and the bru act operate in totally different fields and are enacted to achieve totally different objects. according to mr jain, therefore, there was no question ..... circumstances of the present case. 33. firstly, we must note that the bru act is not enacted under any entry in the state list but under entry 23 of the concurrent list which deals with social security and social insurance; employment and unemployment. be that as it may, it would be appropriate to .....

Hubtown Limited Vs. IDBI Trusteeship Service Limited

Court : Mumbai

..... (defendant) and its individual promoters collectively own 90 per cent shareholding in vinca. nederlandse financierings maatschappiji voor ontwikkelingslanden n.v. ( fmo ) is a corporation constituted under the laws of netherlands. fmo holds 10 per cent shareholding in vinca. fmo also holds 3 compulsorily convertible debentures (ccds) issued by vinca ..... agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum; (xx) insurance and reinsurance; (xxi) contracts of agency relating to any of the above; and (xxii) such other commercial disputes as may be notified by the central ..... where such commercial court has been constituted. section 11 bar of jurisdiction of commercial courts and commercial divisions notwithstanding anything contained in this act, a commercial court or a commercial division shall not entertain or decide any suit, application or proceedings relating to any commercial dispute in .....

Sonali Bodraj Moon and Others Vs. The Chief Secretary and Others

Court : Mumbai

..... or of any local or other authority within the territory of india or under the control of the government of india or as the case may be of any corporation (or society) owned or controlled by the government, as respects : (i) remuneration, (including allowances) pension and other retirement benefits, (ii) tenure including confirmation ..... of the tribunal along constitutionally-sound principles. pursuant to an undertaking given to this court at the interim stage by the erstwhile attorney general, an amending act (act 19 of 1986) was enacted to bring about the changes prescribed in the aforesaid interim order. 9. when sampath kumar's case was finally heard ..... the maharashtra state public services (reservation for scheduled castes, scheduled tribes, denotified tribes (vimukta jatis) nomadic tribes, special backward category and other backward classes) act, 2001 were held to be not maintainable in view of the settled position in law in l.chandrakumar (supra). notably this order was passed after the .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... tax which a state can levy by virtue of the entries in list-ii. the decision of this court in state of kerala v. m/s. attesee [agro industrial corporation] (1989 suppl.(1) s.c.c. 73 : air 1989 scc 222) does bear out our understanding. at page 744, this court observed: "the 1957 ..... on the sales of any goods specified in column (2) of that schedule, then all that one has to find is whether there are any other provisions of the act, namely, mvat act and the conditions or exceptions, if any, set out against each of the goods specified in column (3) in so far as pan masala with or without tobacco. ..... been treated even by the union legislature. illustratively, until 2001, pan masala including pan masala containing tobacco, was classified under chapter 21 miscellaneous edible preparations of the central excise tariff act, 1985. note 3 of chapter 21 defined pan masala as a preparation containing betel-nuts, lime and kattha (catechu) and tobacco whether or not containing any other ingredient, such .....

J.V. Gokal Charity Trust and Others Vs. Contrex Pvt. Ltd. and Others

Court : Mumbai

..... rules. again, as in the case before dhanuka j, the dispute was about the trust that runs the lilavati hospital. the plaintiff was a permanent trustee-for-life of the 1st defendant trust, the lilavati kirtilal mehta medical trust. the originating summons sought an interpretation of the trust deed dated 5th july 1978 in regard to ..... the trust properties. the civil judge, senior division, decreed the suit. in appeal, the took a plea of a bar under section 50 of bombay public trusts act, 1950 ( bpt act ) as it was then known. the division bench said: now, in our opinion, it is unnecessary to go into all these questions, particularly the question ..... of various churches. the participating churches accepted this. the first district church of the brethren in india was registered as a religious society under the societies registration act, 1860. a second round table conference followed in 1951, again in new delhi, and this resulted in the constitution of a negotiation committee intended to continue .....

Suraj Vs. State of Maharashtra and Others

Court : Mumbai Aurangabad

..... with the question as to whether the election commission, in exercise of powers under section 29-a of the representation of the people act, 1951, acts administratively or quasi judicially, after taking stock of the decisions in (r. v. dublin corporation) 9, (1878) 2 ir. r. 371, (r. v. electricity commrs.) 10, (1924), 1 kb 1: 1923 all er ..... rep 150 (province of bombay v. khushaldas s. advani) 11, a.i.r. 1950 s.c. 222 held that the legal principles, laying down when an act of a statutory authority would be a ..... based solely or exclusively on the application of objective standards to ascertain facts but if it is founded on subjective satisfaction of the statutory authority, the duty to act judicially would be clearly excluded and the decision would be an administrative decision as opposed to quasi judicial decision. the basic test, therefore, for distinguishing between an .....

Sushil Jayant Nanodkar Vs. Dnyaneshwar Vithoba Raut and Others

Court : Mumbai Goa

..... refer to certain decisions, which were cited at the bar. 15. the hon'ble supreme court, in the case of general manager, kerala state road transport corporation, trivandrum vs. susamma thomas and another, air 1994 sc 1631, has laid down the broad principles, under which the court should determine the damages, which are ..... at the instance of the respondent no. 3. even otherwise, having regard to the limited defences available to the insurance company, particularly in the absence of any leave being granted under section 170 of the act (as the owner of the vehicle was a contesting party), the appellant cannot conceivably challenge the issue of negligence. ..... partial disablement. the learned counsel has submitted that the tribunal ought to have allowed compensation under the head of pain and suffering, loss of amenities of life and towards the costs of securing an attendant. the learned counsel submits that although, the appellant was sanctioned fully paid leave for the period of treatment, .....