Judgment Search Results Home > Cases Phrase: motor transport workers act 1961 chapter i preliminary Court: mumbai Page 11 of about 330 results (0.326 seconds)

M/S. Haldyn Glass Limited and Another Vs. Maharashtra General Kamgar U ...

Court : Mumbai

..... such circumstances, the supreme court directed payment of 50% of back wages. 72. a division bench of this court in the case of taranjitsinghi. bagga vs. maharashtra state road transport corporation, amravati (2008 (3) mh.l.j. 743), did not accept the employer's submission that back wages ought to be denied in their entirety, where the workmen ..... the test of preponderance of probabilities. besides, mr. ganguli is right there can be no hard and fast rules in this regard. 71. in the case of hindustan motors ltd. v. tapan (supra), the supreme court noticed that there was no pleadings or evidence as to whether the workmen therein was employed elsewhere in the interregnum between ..... forthcoming and relates to an illegal strike, the further probe is this was the strike unjustified if yes, was the accused worker an active participant therein if yes, what role did he play and of what acts was he author then alone the stage is set for a just punishment. these exercises, as an assembly line process are .....

Swayam Realtors and Traders Llp Vs. the Appellate Authority Industrial ...

Court : Mumbai

..... s remarks were misunderstood by the privy council in durayappah v. fernando [1967] 2 ac 337). to the same effect is this statement by lord irvine lc. (boddingtonvs. british transport police [1999] 2 ac 143 at 158, rejecting the distinction made in bugg v. director of public prosecutions [1993] qb 473). no distinction is to be drawn between a ..... certain obligations upon the state of maharashtra in terms of clause 11.1.d thereof, relevant of which read thus: d. government of maharashtra: (a) upon payments of workers dues by srtl, gom to agree to grant permission for closure of mumbai units and facilitate development of land by the de-merged company (srtl) in accordance with dcr 58 ..... valid. the court may hold that the act or order is invalid, but may refuse relief to the applicant because of his lack of standing, (as in gregory v. camden lbc [1966] 1 wlr 899; below p. 585)because he does not deserve a discretionary remedy, (as in lovelock v. minister of transport (1980) 40 p and cr 336 ( .....

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

Court : Mumbai

Reported in : (1981)83BOMLR75; 1981MhLJ93

..... an order of the state transport authority. a learned single judge of that high court allowed the said petition and quashed the impugned order and in exercise of his power under article 227 of the ..... , that if the petition was under article 226 then an appeal under clause 10 of the letters patent would be competent.in barham dutt v. peoples' co-operative transport society ltd. new delhi, at pp. 26, 29, an application under articles 226 and 227 of the constitution was filed in the punjab high court: for quashing ..... the legislative expression and the constitution of india itself have treated the government of india acts, and in particular the government of india act, 1935, as constitution acts. in in re the central province and berar sales of motor spirit and lubricants taxation act, 1938 (central provinces and berar act no. xvi of 1938) [1939] f.c.r. 18, sir maurice gwyer .....

Boehringer Knoll Ltd. Vs. Employees' State Insurance Corporation

Court : Mumbai

Reported in : (1977)79BOMLR207; 1977MhLJ389

..... , apply with all force to a cas9 of the and with which we are dealing. dealing with the factories act, where the question was whether the time-keepers were workers within the meaning of section 2(i) of the factories act, the supreme court in central rly. v. vishwanath : (1970)illj351sc observed as follows (p 381):.it is ..... disputed categories, whether they work in the factory or elsewhere were 'employees' within the meaning of section 2(9)(i) of the act. the categories of workers in respect of whom the dispute arose in that case were those connected with engineering, stores, outdoor work, meter, consumers, and allocation departments and administration. it ..... employed in a textile mill could be 'employees' within the meaning of the act, if the maintenance of a garden would be conducive with the health of the manual workers and would also enhance their efficiency and health. the question whether the benefit of the act would be restricted to the persons working inside a factory or even outside .....

Mina Srinivasan Krishnan and Another Vs. Arun Bhaskar Adarkar

Court : Mumbai

..... legislation in tune with the changed circumstances now, had been engaging the attention of the government. government had, therefore, initially appointed the rent act enquiry committee generally to study and examine and to make recommendations to government with respect to unified legislation if considered desirable and feasible or ..... both houses of parliament. 4. the model rent control legislation formulated by the central government envisages primarily,- (a) limiting the jurisdiction of the rent control act to large cities; (b) exemption for 15 years to new constructions and substantially renovated houses; (c) exemption of residential and nonresidential premises carrying more ..... contradictory or conflicting judicial opinions and views. it decided to make a unifying statute and while making such a statute, consolidating the existing acts and making them into one and single enactment the legislature further intended that there should be forums conferred with jurisdiction and specially to deal .....

Sunanda Bhimrao Chaware and Others Vs. the High Court of Judicature at ...

Court : Mumbai

..... supreme court in chintaman rao vs. state of madhya pradesh, (air 1958 sc 388(1) dealt with the provisions of section 2(1) of the factories act which defines a worker as a person employed, directly or through any agency, whether for wages or not, in any manufacturing process, or in any other kind of work incidental ..... been undertaken by the rule making authority results in subordinate legislation which is manifestly arbitrary, the court would not exercise the power of judicial review. 41. in sharma transport represented by d.p.sharma vs. government of a.p., (2002) 2 scc 188)the supreme court held as follows: the tests of arbitrary action applicable to ..... . the issue was whether sattedars who had an agreement with the management that they should receive tobacco and supply it rolled in bidis for consideration would be workers. the supreme court noted that such persons were independent contractors, who performed their part of the contract by making bidis and delivering them at the factory and .....

Polycon Paper Limited Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : (2002)104BOMLR210; (2002)176CTR(Bom)205

..... constitution of india involves a question about interpretation and applicability of definition of 'apparent consideration' given under section 269ua(b) of the income-tax act, 1961 ('act' for short) for the purposes of paying the amount to the vendor, when the order for purchase of a property, under chapter xx-c ..... apparent consideration'.269-ua. definitions.- in this chapter, unless the context otherwise requires,-(a) 'agreement for transfer' means an agreement, whether registered under the registration act, 1908 (16 of 1908), or not, for the transfer of any immovable property;(b) 'apparent consideration',-(1) in relation to any immovable property in ..... annum.... ... ...rival contentionsby petitioner:12. the learned counsel appearing for the petitioner submitted that under the provisions of chapter xx-c of the said act, the appropriate authority and the central government, on making compulsory transfer of immovable property, are liable to pay apparent consideration in relation to the said .....

Real Team Systems Pvt. Ltd. Vs. the State of Maharashtra (Through Its ...

Court : Mumbai Aurangabad

..... that is the one which is invoked by the petitioner. even when implementing and enforcing such policy the corporation deals in public property and, therefore, must act fairly, reasonably and in a non-arbitrary and nondiscriminatory manner. even in the matter of considering individual applications, the mandate of article 14 of the ..... the writ petition be dismissed. 21. for properly appreciating the rival contentions reference is required to be made to the maharashtra industrial development act, 1961. it is an act to make a special provision for securing the orderly establishment in industrial areas and industrial estates of industries in the state of maharashtra and ..... industries, government of maharashtra. 6. it is the case of the petitioner that, it is a company registered under the provisions of the indian companies act, 1946. it is a leading service provider to global investment community for various information. it is in the business of tracking information pertaining globally listed .....

Vinod Hinigorani Vs. The Securities and Exchange Board of India and An ...

Court : Mumbai

..... has reiterated the parameters for exercise of such discretion as follows :- 19. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy, convenience and ..... bank at mira road. learned senior counsel shri khambatta therefore claims that this situation necessitated the recovery officer to exercise the powers conferred under the sebi act and issue notices as stipulated under rule 73. learned senior counsel shri khambatta has submitted that the petitioner was given fair hearing as well as sufficient ..... nor paid the penalty aggregating to rs.1,10,00,000/- despite various reminders, hence the respondent board initiated prosecution proceeding under section 20 of sebi act before the magistrate court at bandra and sessions court at mumbai. 10. it is the case of the respondent that in exercise of powers conferred under .....

M/s. Jagati Publications Ltd. Vs. President, Income tax Appellate Trib ...

Court : Mumbai

..... which had added a new dimension regarding applicability of principles of natural justice. secondly, the decision of g. nageswara rao arose from facts of a road transport corporation established under a statute implementing a scheme of nationalization by trying to take over the routes plied by the private bus operators. in fact this decision ..... for the case at hand i.e. the nature of the power exercised by the president to constitute a special bench. the apex court, after considering the provisions of the act and the regulations, proceeded to hold as under: " . . . . . . . . . . . . as we have already noted above special benches can be constituted by the ..... and senior vice president. the appellate tribunal exercises and discharges powers through benches constituted by the president of the appellate tribunal as per section 255 of the act. section 255 reads as under: "255. (1) the powers and functions of the appellate tribunal may be exercised and discharged by benches constituted by the .....