Court : Mumbai
Decided on : Jul-30-1997
Reported in : 1998(1)BomCR427
..... 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 ..... of the present case before me and the facts of the authorities cited before me are distinct and hence. i most humbly submit that the said authority cannot be made applicable in the instant case. in this connection, reliance can also be placed on the supreme court authority on tata memorial hospital and dr. sharma, in which it is held that ..... an appropriate government in relation to the said industry under section 2(a)(i) of i.d. act. the industrial court, therefore, completely misdirected itself on the question of appropriate government and failed to apply its. mind to the principles laid down by the apex court in the air india statutory corporation and the application of the said principles to the facts of the .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-30-1997
Reported in : 1997(4)ALLMR285
..... 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 ..... of the present case before me and the facts of the authorities cited before me are distinct and hence, i most humbly submit that the said authority cannot be made applicable in the instant case. in this connection, reliance can also be placed on the supreme court authority on tata memorial hospital v. dr. sharma, in which it is held that ..... an appropriate government in relation to the said industry under section 2(a)(i) of i.d. act. the industrial court, therefore, completely misdirected itself on the question of appropriate government and failed to apply its mind to the principles laid down by the apex court in the air india statutory corporation and the application of the said principles to the facts of the .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-06-1997
Reported in : 1998(1)ALLMR312; 1997(3)BomCR438
..... dangerous to the public interests. it should be inseparably locked up with the action contemplated like the equivalent of a 'spark in a powder keg'.12. in life insurance corporation of india v. prof. manubhai d. shah, : [1992]3scr595 . ahmadi, j., as his lordship then was observed :-'freedom of speech and expression ..... )(a). it was observed that our constitution recognises the need to place reasonable restrictions on grounds specified by art. 19(2) and section 5-b of the act on the exercise of the right of speech and expression. it is for this reason that the need for prior restraint is recognised ..... not only their recommendations but also the reasons therefor in cases where there is difference of opinion amongst the members of the committee. section 5-a of the act provides that if after examining a film or having it examined in the prescribed manner, the board considers that the film is suitable ..... petitioner's fundamental right under articles 21 and 25 of the constitution and declaring the screening or televising of 'tamas' as violative of section 5-b of the cinematograph act, 1952. one javed ahmed siddique also filed a writ petition in this court praying for similar reliefs. the learned single judge of ..... the question; 'how far can these restrictions go and how are these to be imposed'. the court examined the provisions of section 5-b(2) of the act. after examining the relevant provisions and large number of authorities the chief justice noted that the task of the censor was extremely .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-1997
Reported in : AIR1997Bom406; 1997(4)ALLMR223; 1997(3)BomCR354; (1997)2BOMLR504
..... vision or eye-sight which is bound to interfere with their normal working as drivers.' 26. the decision of the apex court cited by mr. grover in neera mathur v. life insurance corporation of india, reported in : (1992)illj322sc , in our view, is not very relevant to the matter in issue before us. 27. in jai shankar prasad v. state of bihar, ..... shelter and all those rights and aspects of life which would go to make a man's life complete and worth living, would form part of the right to life. enjoyment of life and its attainment social, cultural and intellectual without which life cannot be meaningful, would embrace the protection and preservation of life guaranteed by art. 21. in life insurance corporation case, : air1995sc1811 a bench of two ..... her job if reasonable accommodation will not eliminate that risk.the act would not require a school board to place a teacher with active,contagious tuberculosis in a classroom with elementary school children.the application of this standard requires,in most cases,an individualized inquiry and appropriate findings of fact,so that 'section 504 (may)achieve its goal of protecting handicapped individuals from ..... on that ground so as to deny him the employment. we must also record that there is no dispute before us that the respondent-corporation is a 'state' within the meaning of art. 12 of the constitution. 43. we are not much impressed by the submission of dr. chandrachud that the entitlement of an employer to scrutinise the fitness of an .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jan-19-1997
Reported in : (1997)61ITD453(Mum.)
..... a particular limit. therefore, this particular case has no relevance to the present issue that is before us. likewise the case of bombay high court in life insurance corporation of india's case (supra) has no application to the facts of the case before us because in that case too it was appropriation of the profits that was involved. the madras high court in ..... -operative supply & marketing society ltd. [1981] 127 itr 467 and submitted that here also the co-operative societies act provided for contribution of a portion of the profits to the education fund and the court ruled that such contribution was nothing but application of income. mr. modi submitted that the contribution that is to be made to the social security organisation being ..... vapura sahakara sakkare karkhane ltd. [1988] 174 itr 475 considered the contributions made by a co-operative society to an education fund under the provisions of karnataka co-operative societies act and had concluded that such contribution was diversion by overriding title. a similar view was taken by the madhya pradesh high court in keshkal co-operative marketing society ltd. v ..... salary income as a prior charge by overriding title and it is only the net salary after such deduction that should be treated as gross salary within the meaning of section 16 of the i.t. act. we accordingly direct the assessing officer to assess the salary income on the basis of our directions as above. .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-30-1997
Reported in : (1999)IIILLJ1517Bom
..... of the case were squarely covered by the recent decision of the apex court in parimal chandra raha and ors. v. life insurance corporation of india and ors. : (1995)iillj339sc in which it was held :-'where, as under the provisions of the factories act, it is statutorily obligatory on the employer to provide and maintain canteen for the use of his employees, the canteen ..... , therefore, the workers employed in such canteen are the employees of the management'as it was not disputed in the aforesaid case that the corporation was under a statutory obligation, in view of section 46 of the factories act, to provide and maintain a canteen for the benefit of workers, the apex court held that the decision in the aforesaid case of parimal ..... government policy declared from time to time, to give jobs to the unemployed. this is apart from the mandate of the directive principles contained in articles 38, 39, 41, 42, 43 and 47 of our constitution. we, therefore, recommend that :- (a) all undertakings which are employing the contract labour system in any process, operation or work which satisfied the factors mentioned ..... chandra raha is squarely applicable.13. mr. gonsalves also relied upon the observations of the supreme court in para 75 of the judgment in gujarat electricity .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-1997
Reported in : 1998(2)ALLMR298; 1998(2)BomCR264
..... society does not have a statutory character like the oil and natural gas commission, or the life insurance corporation or industrial finance corporation. it is a society incorporated in accordance with the provisions of the societies registration act. the fact that the prime minister is the president or that the government appoints nominees to ..... 8. in our judgment, the decision of the full bench of this court and decisions of the hon'ble supreme court referred to above are applicable to the facts of the present case. the respondent no. 4 is the autonomous body governed by its own rules and regulations. even-though, ..... occasion by this court, governmental control is very pervasive and in fact touches all aspects of social existence. in the absence of a fair application of the tests to be made, there is possibility of turning every non-governmental society into an agency or instrumentality of the state. that ..... shamrao vithal co-op. bank case (cited supra) has held that the societies registered under the provisions of the maharashtra co-operative societies registration act, 1860 are not state and are not amenable to the writ jurisdiction of this court. the hon'ble supreme court in sabhajit tewary case ( ..... nor it is amenable to the writ jurisdiction of this court.5. the respondent no. 4 is a society registered under the societies registration act, 1860. leading captains of the man-made textile industry found the need for founding a research organisation and mooted the proposal for a co- .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-21-1997
Reported in : (1998)ILLJ961Bom
..... as defined under sec. 2(p) of the industrial disputes act and unless these resolutions satisfy these tests for a valid and binding settlement, they could not alter, modify or change the settled conditions of service of employees. the learned counsel for the employee has also relied upon the judgment of the supreme court in the case of the life insurance corporation of india v ..... . d. j. bahadur & ors. 1981 i llj 1. however, a perusal of the said judgment would indicate that it is not applicable to the facts of the present case inasmuch as the issues involved in the present reference are not ..... . shri khan then contended that the impugned resolutions regarding period of suspension pending enquiry have adversely affected the service conditions, which is in breach of the clause 81 of the 1956 settlement as referred to hereinabove and such a change was not permitted under that settlement inasmuch as the impugned provision does not provide for an opportunity of being heard to ..... as well as to ensure that no party does anything prejudicial to the rights and privileges of the s.t. corporation or its employees. 8. we need not refer to the 1958 settlement for the present purpose. in 1961 settlement clauses 42, 43 and 45, which relevant for the present purpose need to be reproduced and they are as under : '42 and .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-02-1997
Reported in : 1998(1)BomCR670
..... final decision of the matter.4. during the pendency of the complaint, the complainant union moved an application dated 9th june, 1995 and therein contended that subsequent to the filing of the complaint, the apex court in the case of parimal chandra raha & others v. life insurance corporation of india and others, reported in (1995) 2 c.l.r. 194 and in the case ..... of the commencement of the factory. in other words, a person who is an occupier when for the first time the provisions of the act become applicable has to furnish requirement as set out in sub-section (1) of section 7. in other words, what it indicates is that once that information is conveyed, there is no requirement that every time the management changes ..... the record as it stands.9. the first contention which was raised on behalf of the petitioner is that there is no notification as contemplated under section 46 of the factories act. section 46(1) of the factories act reads as under :---'the stale government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily ..... counsel appearing on behalf of the petitioner has made two fold submissions which are :---(1) that there was no notification issued by the state government as required under section 46 of the factories act, 1948 and consequently the petitioners in law were not bound to maintain the statutory canteen and consequently as the members of the petitioner union were not employees of .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-09-1997
Reported in : 1997(4)BomCR165; [1998]229ITR510(Bom)
..... petitioner is an association of class i officers in employment of respondent no. 1-corporation. by a notification dated july 18, 1996, rules were framed known as the life insurance corporation of india class i officers (revision of terms and conditions of service) (amendment) rules, 1996, to further amend the life insurance corporation of india class i officers (revision of terms and conditions of service) rules, 1985 ..... division bench of the delhi high court, relying on another division bench judgment, held as under (page 438) : 'in our opinion, on a correct reading of section 17 of the act, it is clear that any money given by an employer to an employee by virtue of that relationship must be regarded as salary. this court, therefore, rightly, in instalment ..... . the question whether car allowance could not be treated as part of salary for the purpose of calculating the excess amount of perquisites to be disallowed under section 40a(5) of the income-tax act came up for consideration before the division bench of the delhi high court in the case of cit v. shriram refrigeration industries ltd. : [1992]197itr431(delhi) . the ..... decided in this petition is whether conveyance allowance paid to the members of the petitioners association is exempted from payment of tax under section 10(14) of the income-tax act, 1961. 2. section 10(14) of the income-tax act, 1961, reads as under : '(14)(i) any such special allowance or benefit, not being in the nature of a perquisite within the .....
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