Court : Mumbai
Reported in : AIR1965Bom120; (1964)66BOMLR767; 1965MhLJ124
..... posts and telegraphs department, claims a writ of mandamus against the respondent (postmaster general, bombay circle) directing him to enforce the provisions of the motor transport workers act, 1961 (hereinafter referred to as 'the act') to the posts and telegraphs motor service, bombay. the only purpose of the petition is that the respondent should not prescribe more than 8 hours' duty on any day and 48 ..... , it is not possible to hold that the department is a private carrier in respect of its motor service. it is, under the circumstances, not possible to make a finding that the respondent is running 'motor transport undertaking' within the meaning of section 2(g) of the motor transport workers act, 1961.(14) in this connection, mr. sorabji has also referred to section 42(3) (a) of .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR317; [1992(65)FLR691]
..... with any manufacturing process in a factory. the claim opposed on the ground that the first respondent's corporation was 'a motor transport undertaking' covered by the provisions of the motor transport workers act, 1961 and that the petitioner was 'a motor transport worker' as defined in the said act; that the permissible spread over of duties of driver as decided was 11 hours, and, for working 11 hours, there ..... labour court recorded evidence of the parties and accepted the contention of the first respondent that his was 'a motor transport undertaking' within the meaning of the motor transport workers act, 1961; that the petitioner was 'a motor transport worker' within the meaning of the said act, and further that his spread over of duties as a driver being 11 hours per day, he was not entitled to any overtime .....
Tag this Judgment!Court : Mumbai
Reported in : 2008[11]STR453; [2008]14STT328
..... between the parties has been quashed and set aside.2. the appellants' case is as under:3. the respondent is a transport contractor/ travelling agent/ service provider, governed by the provisions of motor transport workers act, 1961. 4. on 17/06/1993, the respondent entered into a written contract with the appellant as 'handling contractor' ..... for handling its iron and steel materials at their kalamboli stockyards, navi mumbai. 5. during the pendency of the said contract, section 65 of the finance act, 1994 was substituted ..... :(18a) 'goods carriage' has the meaning assigned to it in clause (14) of section 2 of the motor vehicles act 1988 (59 of 1988). (18b) 'goods transport operator' means any commercial concern engaged in the transportation of goods by does not include a courier agency;(iii) in clause (48), after sub-clause (m), .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR123; (1989)91BOMLR900; (1990)IILLJ280Bom
..... 2(4). 'establishment' means -(i) a factory : (ii) a tramway or motor omnibus service or a motor transport undertaking to which the motor transport workers act, 1961, applies; and (iii) any establishment within the meaning of the bombay shops and establishments act, 1948 (bom. lxxix of 1948), which employs, or on any working employed, ..... five or more persons : provided that, any such establishment shall continue to be an establishment for the purposes of this act ..... and (ii), no. (i) being the 'factory' as defined under section 2(m) of the factories act, 1948 and which definition, in addition to the number of workers actually employed and working, envisages and stipulates the effecting of manufacturing process though it is not necessary to reproduce the .....
Tag this Judgment!Court : Mumbai
Reported in : [1996(74)FLR2486]; (1998)IIILLJ748Bom
..... ) (private), ltd. and another dated 22nd august 1967 (civil appeal no. 487 of 1966). the apex court was dealing with motor transport workers act, 1961. it was not concerned with engagement of contract labour and there ..... of the apex court and one by the division bench of this court. 13. section 2(1) of the act defines 'worker' as follows :- '(1) 'worker' means a person (employed, directly or by or through any agency (including a contractor) with or without the knowledge ..... worker' contained in the factories act. question arose whether term worker includes independent contractors employees. sattedars employed to manufacture bidis and their coolies were held to be not workers. however, now the amended definition of 'worker' makes the whole difference as pointed above. 29. then reliance is place on the judgment of the apex court reported in ghatge & patil concerns employees' union v. ghatge & patil (transports .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ARBLR510(Bom); 2006(5)BomCR155
..... order needs to be executed. in the absence of any specific limitation provided thereunder, necessary implication is that the general law of limitation provided in the limitation act (act 2 of 1963) stands excluded. the division bench, therefore, has rightly held that no limitation has been prescribed and it can be executed at any time ..... of the supreme court case 'uttam n. mahale' is concerned, it is submitted that that judgment deals with an application for execution under mamalatdars court act. that act does not contemplates any application being filed for execution and therefore, the observations of the supreme court in that case have to be read in the ..... of setting-up and construction of plants for production of synthetic fibers, polymers and ascorbic acid. the respondent is a public limited company incorporated under the companies act. the respondent in the year 1994 entered into negotiations with a company called 'enco engineering chur ag of sagenstrasse 97, 7001 chur, switzerland. on 30 .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... have to do. these may include obligations like issuing of shares to the shareholders of the transferor-company or taking over the transferor-company as a going concern including workers, their liabilities, contracts, obligations, movables and so on. for this reason also, a situation of amalgamation does not appear to be intended to be covered by chapter ..... the other in the light of various factual, technical and other aspects that may be brought to its notice by various bodies of laymen, experts and public workers and strike a just balance between these two conflicting objectives. the court's role is restricted to examine whether the government has taken into account all relevant aspects ..... as a transfer of ownership in exchange for a price, the 'price' being defined in section 2(10) of the sale of goods act as any consideration paid for sale of the goods. in cit v. motors and general stores (p.) ltd. : [1967]66itr692(sc) , it was pointed out by the supreme court that the presence of money .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)
..... difference between the two cases of acquisition as referred to by the petitioner can be distinguished:75.1 in the case of acquisition of shares of ge capital transportation finance ltd. (formerly known as 'srf finance ltd.') (target company) by ge capital (mauritius) investments company ltd. (the acquirer). the open offer ..... 2 (b)definition of acquirer:'acquirer: means any person who acquires or agrees to acquire sharesin a company either by himself or with any person acting in concert with theacquirer:.regulation 2 (b)'acquirer: means any person who, directly or indirectly acquires oragrees to acquire shares or voting rights in the ..... transaction in securities by regulating the business of dealing therein by prohibiting options and by providing for certain other matters connected therewith'. the securities contract act, therefore, is to regulate the business of securities marketed on recognised stock exchanges in india. the listing agreement in schedule thereof provides for the securities .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... would there fore be more drastic in several respects. in this connection, he relied upon the decision of the supreme court in charat barrel and drum . v. new suwarna transport co. ltd. : [1957]1scr98 and western india match co. v. industrial tribunal (1962) 1 lab lj 629 (sc) and th2ereafter the decision in the case of ..... change for the better in the financial position of the employer company, may nevertheless justify a demand for a revision upwards of the amounts payable to the workers thereunder. the principle of res judicata has therefore been held to be inapplicable in such cases not because a previous decision is not binding on the parties, ..... between public premises and other than public premises was valid. in so doing the judgment, refers to the statement of objects and reasons as indicating that the act was passed, inter alia, to provide a speedier machinery for eviction of unauthorised occupants form public properties as against lengthy proceedings under the ordinary law of eviction .....
Tag this Judgment!Court : Mumbai
Reported in : [1980]121ITR920(Bom)
..... in the statement of the case as follows : 1. repairs to buildings (actual). 2. gratuity paid (actual). 3. provident fund account (actual). 4. insurance-workers. 5. sanitation and dispensary. 6. travelling and motor car expenses. 7. postage, telegram, stationery and printing. 8. miscellaneous expenses. 9. directors' fees. 10. audit fees. 11. school expenses. 12. dairy ..... the general manager's commission on the ground that all this expenditure had been incurred on the controlling operations in the organisation for the cultivation of land, raising, transporting and marketing of the crops, etc., and had, therefore, been incurred for the purposes of the agricultural farm. further, in respect of the managers' salary, ..... and five questions referred to this court by the maharashtra sales tax tribunal under sub-s. (1) of s. 39 of the maharashtra agrl. i.t. act, 1961 (maharashtra act no. xli of 1962), at the instance of the commr. of agrl. i.t. these five questions are as follows : '(1) whether, on the .....
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