Court : Mumbai
..... accordingly, issued a registration certificate. the petitioner claims that they have all the licenses and authorizations and, equally, they are claiming accreditations from the international air transport association (iata). they are also claiming that they had a sub-registration under the bombay shops and establishments act, 1948. the predecessor and, equally, the ..... provision contemplates applications by different proprietors for registration of trade marks which are identical or nearly resemble each other in respect of the same goods or description of goods. the competition there contemplated is amongst proprietors whose marks are not on the register and is not limited to cases in which a ..... that compliance therewith would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods or services and would not substantially prejudice the rights of any person. (2) a proposal so to amend the register shall be brought to .....
Tag this Judgment!Court : Mumbai
..... size at the lowest level on a rational basis keeping in mind the size of population, the needs of social and economic development, availability of resources, the transport and communication facilities, convenience of administration and other relevant factors. ... what is further forgotten is that over the years, not only the population in the ..... it is common knowledge that the needs of the people change with the development in the economic, scientific and technological fields as also with the developments in transport and communication. with them, the concept of self-sufficiency and the means, mode and range of self-governance also change. what is more, the units of ..... provisions and which ensure purity and sanctity of the election process concluded, whether directly or directly, are inserted so as to uphold larger public interest and public good. it must be remembered that by part ixa the municipalities have been given a constitutional status. articles 243-p, 243-q and 243-r all ensure .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of section 61. 8. in this connection, we may take notice of the view expressed by a learned single judge of the madras high, court in south arcot cooperative motor transport society, ltd. (for ex-servicemen) v. syed batcha and others (2) where dealing with an industrial claim, the learned judge held: "therefore, in regard to an industrial claim, like the ..... transfer, (1) rules relating to departmental enquiry against employees for misconduct, (11) probationary period and confirmation, (12) working hours and overtime allowance, (13) age of retirement,, (14) security, (15) common good fund, (16) service conditions and (17) promotions. the second and the third issues both related to the question whether the transfers of some employees of two of the banks, the .....
Tag this Judgment!Court : Mumbai
..... as they will not fit in any other category. xii) even otherwise the case of umadevi-3 has been diluted by subsequent decision in the case of maharashtra state road transport corporation and anr. vs. casteribe rajya p.karmchari sanghatana (2009 iii clr 262)and hari nandan prasad and anr. vs. employer i/r of management of fci ad anr. (air ..... and declare that any direction issued by any industrial adjudicator/any court including high court, for absorption of contract labour following the judgment in air indias case (supra), shall hold good and that the same shall not be set aside, altered or modified on the basis of this judgment in cases where such a direction has been given effect to and .....
Tag this Judgment!Court : Mumbai
..... 2014, the petitioners submitted various details to the office of the respondent no.3 with documentary evidence of time and negotiation, and delivery of shipment for further transportation to india. it was placed on record that the consignments covered vide the subject two bills of entry, were cleared by the customs authorities after verification and ..... then by sub-section (4) of section 3 it is stated that no permit or licence shall be necessary for the import or export of any goods nor any goods shall be prohibited for import or export, except as may be required under the act of 1992, or rules or orders made thereunder. section 5 says ..... central government for the development and regulation of foreign trade, by, inter alia, making provisions for prohibiting, restricting or otherwise regulating the import or export of goods. section 5 of the act permits central government to formulate and notify foreign trade policy, and also to amend the same by issuing notifications in the official .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to the respondent to file a fresh complaint for challenging the order of dismissal dated 10.07.2010 and the time spent in litigation post dismissal be considered as a good ground for condonation of delay. 17. the petitioner/ corporation has no objection in the light of the law that the respondent cannot be rendered remedyless and can challenge the dismissal ..... of thirty days from today, time spent by the respondent/ employee before the industrial court from 20.09.2010 till the decision in this petition, shall be considered as a good ground for condonation of delay on an application which the respondent shall file along with the complaint. 20. in the light of the above, this writ petition is partly allowed .....
Tag this Judgment!Court : Mumbai
..... specifying standards under this act-- (a) take into account-- (i) prevalent practices and conditions in the country including agricultural practices and handling, storage and transport conditions; and (ii) international standards and practices, where international standards or practices exist or are in the process of being formulated, unless it is of opinion ..... exercising their executive power in matters of trade or business etc. including making of contracts, should be mindful of public interest, public purpose and public good. this is so, because every holder of public office by virtue of which he acts on behalf of the state, or its instrumentalities, is ultimately ..... accountable to the people in whom sovereignty vests. as such, all powers vested in the state are meant to be exercised for public good and in public interest. therefore, the question of unfettered discretion in an executive authority, just does not arise. the fetters on discretion are - a .....
Tag this Judgment!Court : Mumbai
..... that ground alone is concerned, learned counsel for the petitioner placed reliance on the judgment of the supreme court in the case of indian oil corporation limited vs. raja transport private limited, reported in (2009) 8 scc 520 and it is submitted that there can be a justifiable apprehension about the independence or impartiality of an employee arbitrator ..... entered into between the petitioner and the respondent no.2 was extended till 6th july 1995. during the period between 22nd august 1995 and 29th february 1996, the goods were delivered by the respondent no.2 to the petitioner in accordance with the said agreement. the period of 150 days for assertion of right by the respondent ..... totally disappeared. 26. it is submitted by the learned counsel that in this case, thetenure of the agreement came to an end on 5th july 1996. the goods were delivered by the respondent no.2 to the petitioner between 22nd august 1995 and 29th february 1996. the period of 150 days for assertion of right by the .....
Tag this Judgment!Court : Mumbai
..... action of the plaintiff itself having been filed after the period of limitation expired.25. mr. ramabhadran relied upon judgment in the case of eastern coalfields limited vs. sanjay transport agency and anr. (2009) 7 scc 345 to show that this court itself must grant the exclusion of time needed to be considered in the future suit. in that ..... the bpt premises in mumbai incurring demurrage. the plaintiff claims a lien for its charges for transportation.6. the bpt claims that the cause of action accrued when the goods arrived in the mumbai port.7. it is the case of the plaintiff that the goods which arrived at the port of mumbai were discharged in may, june and july, 1993 ..... to defendant no.2, but were not cleared by defendant no.2. after certain notices issued to the plaintiff as also defendant no.2 the bpt sold the goods as per due procedure and as per orders passed in certain prior litigations between the parties. the bpt appropriated the amounts recovered upon the sale and the plaintiff has .....
Tag this Judgment!Court : Mumbai
..... facts for the purpose of deciding these two petitions are as under:- 2. the claimant company is registered under the laws of england, united kingdom and carries on business of transporting cargo in containers. respondent is a company registered under the provisions of the indian companies act, 1956. the respondent was registered on 6th july, 2004 with an authorised share capital ..... , as we now see, was not the case that he had to meet. he never had a fair chance to meet that case. 24. accordingly, i find that there is good ground for applying the provision that recognition or enforcement of the award may be refused. mr flannery has emphasised that the provision says may , and submitted that this court has .....
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