Court : Mumbai
Reported in : 2009ACJ2402; 2008(6)MhLj324
..... extended the liability of the company to an amount of rs. 1,50,000/-. it was brought to my notice that the amendment about extending the limited liability to rs. 1,50,000/- was brought by the motor vehicles (amendment act, 1982) which received the assent of the president on 31-9-1982 and was published in the gazette of india on 1 ..... pal india shipping agency had entered into an insurance agreement with oriental fire and general insurance company in respect of their motor car bearing no. bmh 4027. on 17th october, 1967, an ..... buttress his contention, learned advocate appearing for opponent nos. 1 and 2 placed strong reliance on an unreported division bench judgment of this court in the case of pal india shipping agency v. ramkaran pherai pasi and anr. delivered on 23rd october 1974 in appeal no. 616 of 1974. the facts of that case were that a firm by name .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom147; (1951)53BOMLR556; ILR1952Bom344
..... 16 the legislature advisedly restricted the jurisdiction of the court to matters which fell within the purview of the govt. of india act of 1915. therefore, what is really emphasised is the failure of the legislature to amend clause 15 & to bring it into line with the progress that legislation had made.6. now this contention overlooks the ..... for the registration of a trade mark for illuminating oils & greases & the trade mark consisted of a label with four panels & the last of these panels consisted of a ship. the application was opposed by the prices' patent candle co., ltd., & they were the proprietors of a registered trade mark in the same class of goods & their ..... allow registration on the ground that as the goods of the prices' patent candle co., ltd., had come to be associated with the name of a ship, the fact of a ship appearing in the trade mark of huxley was sufficient to disentitle huxley to registration as it was likely to deceive or cause confusion. we find the principle .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)3BOMLR485; [2001(90)FLR220]; 2002(2)MhLj219
..... maharashtra recognition of trade unions and prevention of unfair labour practices act, schedule i of the act amends the industrial disputes act, 1947 so that there are no contradictions between the two acts. similar consequential amendments have also been made in the industrial disputes act to give effect to the provisions of the maharashtra recognition of ..... government company and its shares are held by the president of india. it is engaged in the business of construction of warships, submarines and ship repairs. it employs about 10,000 employees.2. the respondent workman has filed a complaint of unfair labour practice under item 9 of schedule iv ..... government is the appropriate government for the industrial disputes of the petitioners industry the maharashtra recognition of trade unions and prevention of unfair labour practices act would be attracted. in the absence of the notification appointing the state government as the appropriate government for the industries for which the central .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR829; 2003LC898(Bombay); 2003(158)ELT274(Bom); 2004(1)MhLj497
..... to vested right is not only prospective.'37. in the case of hitendra vishnu thakur (supra), the apex court laid down the ambit and scope of an amending act and its retrospective operation as follows: (scc p. 633, para 26)'(i) a statute which affects substantive rights is presumed to be prospective in operation unless ..... , undisputedly, the petitioners rebate claims filed on 28th december, 1999 were filed well within one year from the relevant date i.e. from the date of shipping bills.12. in the submission of the petitioners, had they put in their application for rebate claims in relation to the exports effected on 20th may, 1999 ..... petition is concerned with two shipments of goods which were exported in 1999 and in respect whereof the petitioners claimed rebate. the petitioners exported galvanized corrugated sheets under shipping bills dated 20th may, 1999 and 10th june, 1999 and filed refund claim along with supporting documents to substantiate their claim that subject goods were, in .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]136STC152(Bom)
..... or utility of goods was not included in the definition of 'manufacture', it became necessary for the legislature to amend the definition of 'manufacture', by maharashtra act 29 of 1994. under the said amendment act, the state was required to issue a notification in the official gazette, specifically stating therein that a particular process which ..... december 8, 2000 has declared that the fertiliser mixture involves alteration in the nature, character and utility of goods as contemplated under the amended section 2(17) of the bst act and, therefore, fertiliser mixer will be a manufacturing process with effect from december 8, 2000. under the circumstances, when the state in ..... issued a notification on december 8, 2000 specifically stating therein that the process of fertiliser mixture shall be a manufacturing process under the amended section 2(17) of the bst act with effect from december 8, 2000. when a process which involves alteration in the nature, character or utility of the goods is .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR504; 1999(4)BomCR566
..... in future that l.p.g. would not be unloaded unless automatic shut off arrangement is provided in the pipeline of the ship.53. on 17th april 1998, the writ petition was amended to impugn the order dated 7th october, 1997 issued by respondent no. 6 dish.54. after hearing the learned counsel for ..... with this matrix of judicial review we shall consider the contending issues presented to us.62. a) contravention of statutory provisions (a) factories act, 1948.the factories act, 1948 is an act intended for the regulation of the conditions of labour in factories, particularly with regard to their health, welfare and amenities. in order to ensure ..... 13 requires the preparation of on-site emergency plans by the occupier. schedule 5 to the rules appoints the chief inspector of factories appointed under the factories act (now dish) as the authority for implementation of directions and procedures in the rules in respect of industrial installations and isolated storages dealing with hazardous chemicals .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR497; 2008(3)BomCR257; (2008)110BOMLR1065; 2008(5)MhLj420
..... him is the reason for 80 feet wide road coming into existence. the judgment therefore has no application in the present facts.16. : air2000bom34 (snp shipping services pvt ltd. v. world tanker carrier corporation), is the ruling of this court pressed into service by the appellants to contend that a party ..... majority during pendency of this second appeal. learned senior advocate had sought leave to carry out necessary amendment in this respect. advocate shri b.n. mohta, has no objection. leave to amend is accordingly granted. necessary amendment be carried out immediately.4. senior advocate shri pendharkar, has contended that there was no legal right ..... court commissioner (exh.45), demonstrated that the plaintiff had committed encroachment on plot no. 20. he states that provisions of section 41 of the specific relief act, are not correctly construed by the lower appellate court. according to him, the plaintiff did not approach the court with clean hands, suppressed material particulars, .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR77; 2003(6)BomCR594; 2004(1)MhLj71
..... 16, 2001. in exercise of the powers under the amendment act, illegal actions were taken against the traders dealing in the trade of jaggery, such as, sealing godowns, seizing vehicles and goods, and, thus, interfering with lawful activities of merchants ..... according to the petitioner, the bombay prohibition act, 1949 (hereinafter referred to as 'the act') came to be amended by the bombay prohibition (amendment) act, 2000 (act no. xxxv of 2000) (hereinafter referred to as 'the amendment act'). the amendment act was brought into force with effect from november ..... by notification in the official gazette, declare not to be molasses,for the purpose of this act.'10. clause (28) was amended by the amendment act, and for the first time, jaggery, which is a totally different and distinct commodity considered .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR143; 2004(5)BomCR837; 2004(1)MhLj444
..... the declaration of results of the election of such members, or where such election is held before the date of commencement of the maharashtra co-operative societies (second amendment) act, 1986, and such number of members have been elected but the committee has, for whatever reason, not been so far constituted, forward their names together with ..... called 'specified societies' and the elections of the said society are held under the provisions of the said rules.15. section 73-b of the said act, was introduced by amending act 27/1969. original section 73-b reads thus :--'on the committee of such society or class of societies as the state government may, by general or ..... in the case of b. k. garad v. nasik merchants co-operative bank limited (cited supra) considered the position which existed prior to amendment of section 73 of the said act. according to the learned counsel, in view of the amendment to section 73, by section 2 of maharashtra act 37 of 1986, by which sub-section (3) was inserted .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(162)ELT25(Bom); 2003(2)MhLj84
..... reasons recorded hereinafter.20. in order to appreciate the contention raised in this behalf, it is necessary to notice the scheme of the customs act. the customs act is an act to consolidate and amend the law relating to customs. in order to appreciate the contention raised in this petition, it is necessary to notice a basis premise that ..... r.) notification no. 3 dated the 8th january 1957 and united nations (privileges and immunities) act, 1947, respectively;4. the effect of the above amendment was that the order for re-export other than as ship's stores, required an import licence. the amendment order came in to force on the date of its publication in the official gazette which petitioner ..... to 23-2-1988, clause 1 l(i)(d) of the import control order permitted import of 'any goods' without licence to re-export as ship stores or otherwise to any country outside india except nepal, tibet, bhutan and after amendment i.e. with effect from 23-2-1988, clause 11(1)(d) permitted import of goods as .....
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