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Mrs. Dolly Mukherjee Vs. the Trustees of the Indian Museum and anr.

Court : Kolkata

Reported in : (1989)1CALLT170(HC)

..... appearing for the respondents has submitted that the recruitment rules of the indian museum is a statutory rule made by the central government under section 15a(2)(a) of the indian museum act 1910 ..... and it is contended that regard being had such qualifications and regarding being had the fact that she has been treated even by the respondents as the senior most officer in the archaeology section of indian museum the respondents should be commanded by this court by issuing a writ of mandamus that the case of the petitioner be considered first for promotion to the post of keeper (archaeology) failing which the ..... such liberal interpretation when admittedly the posts of deputy keeper (archaeology), deputy keeper (numismatic and epigraphy) and deputy keeper, (pre-history) even though in the archaeology section of the indian museum are separate posts and unless and until the recruitment rules are amended including the above two posts of deputy keeper along with the deputy keeper (archaeology) as the feeder posts of ..... therefore, prays for a writ of mandamus commanding the respondents to act and proceed in accordance with law, to cancel, rescind and/or withdraw the impugned advertisement published in the statesman, dated 23-5-1986 annexure 'c and forbear the respondents from filling up the post of keeper-{archeology) by way of direct recruitment and for commending the respondents to fill up the post of keeper (archaeology) indian museum by way of promotion and by considering the case of the .....

Bimalacharan Batabyal Vs. Trustees for the Indian Museum

Court : Kolkata

Reported in : AIR1930Cal404

..... 120-10-350 in accordance with rule 231, of this fundamental rules.and then he proceeded to quote from section 13, museum act of 1910, which provides as follows:all officers and servants appointed under this act shall be deemed to be public servants within the meaning of the indian penal code; and so far as regards their salaries, allowance and pensions and their leave of absence from duty, they shall be subject to the rules ..... put quite shortly, the plaintiff took up the position that he was entitled, by virtue of the provisions of section 13, museum act of 1910, to all the rights and privileges of a public servant and that he was in a position either identical with, or at any rate analogous to, the position of an ordinary civil servant, and the plaintiff accordingly contended that under the ..... the reasons i have given, i hold that, in this case, so far as the duration of the plaintiff's employment was concerned, that was entirely a matter of contract, express or implied, as between him and the trustees of the indian museum, and, neither by virtue of section 13 of the act of 1910 nor section 96-b of the act of 1919, was the plaintiff entitled to take up the attitude that, in no circumstances, could his employment with the defendants be terminated.14. ..... in other words, i think there is nothing in s.13, museum act of 1910 which confers upon the plaintiff any rights with regard to the duration of service in any way whatever. .....

Pace Power Systems Private Limited vs.bharti Infratel Limited

Court : Delhi

..... is in abeyance, i had proposed that since the cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 4 of 6 questions of applicability of sections 16 & 19 of the msme act would arise for adjudication only when after the arbitral award is rendered on the claims and counter-claims of pace and bharti on the one hand and lineage and bharti on the other hand, ..... transpired: (i) that micro and small enterprises facilitation council ( hereinafter referred to as council ) constituted under the msme act cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 2 of 6 has already reported failure of conciliation within the meaning of section 18(2) of msme act and has already referred the disputes between lineage and bharti to the arbitration centre annexed to the high court of ..... neither party will raise objection to the jurisdiction of the arbitrator to decide the said aspect, or on the ground of lacking jurisdiction in view of the msme act; (d) that the arbitrator will decide claims as well and counter-claims in both sets of disputes; cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 5 ..... this court under the aegies of the delhi international arbitration centre and the arbitration proceedings be held at delhi and be governed by the timelines as provided in the arbitration act; (b) that it will be open to pace and lineage to contend before the arbitrator, that msme act is applicable to it and it will similarly be open to bharti to, before the arbitrator, oppose the same and also contend that if msme .....

Bharti Infratel Limited vs.lineage Power Private Limited

Court : Delhi

..... is in abeyance, i had proposed that since the cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 4 of 6 questions of applicability of sections 16 & 19 of the msme act would arise for adjudication only when after the arbitral award is rendered on the claims and counter-claims of pace and bharti on the one hand and lineage and bharti on the other hand, ..... transpired: (i) that micro and small enterprises facilitation council ( hereinafter referred to as council ) constituted under the msme act cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 2 of 6 has already reported failure of conciliation within the meaning of section 18(2) of msme act and has already referred the disputes between lineage and bharti to the arbitration centre annexed to the high court of ..... neither party will raise objection to the jurisdiction of the arbitrator to decide the said aspect, or on the ground of lacking jurisdiction in view of the msme act; (d) that the arbitrator will decide claims as well and counter-claims in both sets of disputes; cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 5 ..... this court under the aegies of the delhi international arbitration centre and the arbitration proceedings be held at delhi and be governed by the timelines as provided in the arbitration act; (b) that it will be open to pace and lineage to contend before the arbitrator, that msme act is applicable to it and it will similarly be open to bharti to, before the arbitrator, oppose the same and also contend that if msme .....

Lineage Power Private Limited vs.bharti Infratel Limited

Court : Delhi

..... is in abeyance, i had proposed that since the cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 4 of 6 questions of applicability of sections 16 & 19 of the msme act would arise for adjudication only when after the arbitral award is rendered on the claims and counter-claims of pace and bharti on the one hand and lineage and bharti on the other hand, ..... transpired: (i) that micro and small enterprises facilitation council ( hereinafter referred to as council ) constituted under the msme act cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 2 of 6 has already reported failure of conciliation within the meaning of section 18(2) of msme act and has already referred the disputes between lineage and bharti to the arbitration centre annexed to the high court of ..... neither party will raise objection to the jurisdiction of the arbitrator to decide the said aspect, or on the ground of lacking jurisdiction in view of the msme act; (d) that the arbitrator will decide claims as well and counter-claims in both sets of disputes; cs(comm) nos.792/2017, 920/2018 & 1158/2018 page 5 ..... this court under the aegies of the delhi international arbitration centre and the arbitration proceedings be held at delhi and be governed by the timelines as provided in the arbitration act; (b) that it will be open to pace and lineage to contend before the arbitrator, that msme act is applicable to it and it will similarly be open to bharti to, before the arbitrator, oppose the same and also contend that if msme .....

M/s Chamundeswari Electricity Supply Corporation Ltd Vs. M/s Raj Sheka ...

Court : Karnataka

..... parag p tripathi, senior counsel appearing on behalf of the appellant sought to urge that the view of the facilitation council to the effect that the provisions of the limitation act, 1963 have no application, which has been affirmed by the division bench in the impugned judgment, suffers from a perversity, and hence a petition under article 226 of the constitution ought to have been entertained ..... in any event, the ground raised by plaintiff for opposing the proceedings before the arbitral tribunal to be constituted under section 18 of the msme act, those are matters which can be raised before the arbitral tribunal, as held by the hon'ble supreme court in secure industries limited (supra) ..... (5) notwithstanding anything contained in any other law for the time being in force, the micro and small enterprises facilitation council or the centre providing alternative dispute resolution services shall have jurisdiction to act as an arbitrator or mediator under this section in a dispute between the supplier located within its jurisdiction and a buyer located anywhere in india. ..... parties, the council shall either itself take up the dispute for arbitration or refer it to any institution or centre providing alternative dispute resolution services for such arbitration and the provisions of the arbitration and conciliation act, 1996 (26 of 1996), shall, then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 7 of that .....

M/s Chamundeshwari Electricity Vs. M/s Rajshekar And Associates

Court : Karnataka

..... parag p tripathi, senior counsel appearing on behalf of the appellant sought to urge that the view of the facilitation council to the effect that the provisions of the limitation act, 1963 have no application, which has been affirmed by the division bench in the impugned judgment, suffers from a perversity, and hence a petition under article 226 of the constitution ought to have been entertained ..... in any event, the ground raised by plaintiff for opposing the proceedings before the arbitral tribunal to be constituted under section 18 of the msme act, those are matters which can be raised before the arbitral tribunal, as held by the hon'ble supreme court in secure industries limited (supra) ..... (5) notwithstanding anything contained in any other law for the time being in force, the micro and small enterprises facilitation council or the centre providing alternative dispute resolution services shall have jurisdiction to act as an arbitrator or mediator under this section in a dispute between the supplier located within its jurisdiction and a buyer located anywhere in india. ..... parties, the council shall either itself take up the dispute for arbitration or refer it to any institution or centre providing alternative dispute resolution services for such arbitration and the provisions of the arbitration and conciliation act, 1996 (26 of 1996), shall, then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 7 of that .....

M/s Vaishno Enterprises Vs. Hamilton Medical Ag

Court : Supreme Court of India

..... in a case where the buyer is located outside india but has availed the services in india and/or done the 14 business in india with the indian supplier and the contract was executed in india the msme act would be applicable or not and/or another larger issue that in case the supplier is subsequently registered as msme the council would still have jurisdiction are kept open to be considered in an appropriate case bearing in mind ..... even the respondent was conducting its business in india through its registered service centres at 7 new delhi, mumbai, kolkata, bangalore and it had appointed a power of attorney holder/special agent who is based in delhi, to act on his behalf, and therefore the cause of action can be said to have arisen in india and no part of cause of action has arisen in switzerland, the council is vested with the jurisdiction to entertain the ..... 4.2 it is further submitted by learned counsel appearing on behalf of the appellant that even otherwise considering the objects and purpose of the act as the msme act being a beneficial legislation enacted for facilitating promotion, development for enhancement of the competitiveness of micro, small and medium enterprises and for resolving the incidental and ancillary matters related thereto ..... the contract was entered into the appellant was not msme and therefore the parties would not be governed by the msme act and the parties shall be governed by the laws of india applicable and/or prevailing at the time of execution of the .....

Mich. C. and F. Assn. Vs. Agric. M. and B. Bd.

Court : US Supreme Court

..... processors, [ footnote 8 ] sued macma in state court seeking a declaratory judgment that those provisions of the michigan act requiring service fees and mandatory adherence to an association-negotiated contract are preempted by the afpa. ..... asparagus growers to sell the asparagus crop for a certain year, appellant asparagus growers and association of asparagus processors sued macma in state court seeking a declaratory judgment that the provisions of the michigan act requiring service fees and mandatory adherence to an association-negotiated contract are preempted by the afpa. ..... 461 appeal from the supreme court of michigan syllabus the federal agricultural fair practices act of 1967 (afpa) was enacted to enable individual farmers and other producers of agricultural commodities to join together voluntarily in cooperative associations in order to protect their marketing and bargaining position as against large ..... it would appear, therefore, that despite the fact that the michigan act and the afpa share the goal of augmenting the producer's bargaining power, the michigan act nonetheless conflicts with the afpa by establishing "accredited" associations that wield the power to coerce producers to sell their products according to terms established by the association and to force producers to pay a ..... appellants contend that the service fee and mandatory representation provisions of the michigan act frustrate the purpose and objective of the afpa by imposing on unwilling producers an exclusive .....

Indian Oil Corporation Ltd vs.fepl Engineering (P) Ltd & Anr

Court : Delhi

..... fact, we had made it clear to the learned counsel for the appellant, during the course of arguments, that the questions relating to the jurisdiction of the msme council to act as an arbitrator and other similar issues will not be examined by us, as the learned single judge has not considered any of those aspects and has decided the objection petition only on the ground ..... arbitration clause, jurisdiction to decide the in all matters touching or affecting any arbitration, or arising out of or in relation to or under or in accordance with the arbitration and conciliation act, 1996 or otherwise under or with reference to the contract shall vest exclusively in the court(s) of competent civil jurisdiction at [where the contract(s)/purchase order shall be signed on behalf of iocl]. ..... the present appeal under section 13(1) of the commercial courts, commercial division and commercial appellate division of the high courts act, 2015 (hereinafter 'commercial courts act') read with section 37 of the arbitration and conciliation act, 1996 (hereinafter 'the arbitration act') impugns the judgment dated 5th april 2019 passed by the learned single judge in omp (comm) no.140/2019.2. ..... petition would not oust the jurisdiction of the court to deal with petition under section 34 of fao (os) (comm) 92/2019 page 20 of 21 the amendment act and accordingly, the contention of the respondent that the filing of the aforesaid writ petition bars the appellant to approach this court is rejected.25. .....