Court : Mumbai
Reported in : 1986(9)ECC385; 1987(10)LC531(Bombay); 1985(22)ELT334(Bom)
..... of the heads under which they could be recovered and the period of limitation for the recovery. 'the task of writing legislation to protect the interests of the nation is committed to parliament and the legislatures of the states. we are referring to this aspect only to alert their attention to the present state of law.'41. ..... it was in this background that the high court had passed the following order :'we, therefore, direct that the registrar will take immediate steps to encash the security and to recover the amount so over-charged by the petitioners and pay the same to the state government which will keep it in a separate account. the ..... claim for refund of duty recovered from the manufacturer without authority of law. the counsel also drew my attention to the provisions of sugar (special excise duty) act, 1959. this act is intended for the imposition of special additional excise duty on certain types of sugar viz. 'khandasari sugar' and 'palmyra sugar'. section 3 provides for the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR1; 2007(1)BomCR540; (2007)109BOMLR60; 2007(1)MhLj597
..... govern the conditions of service. the object of establishing a tribunal was to provide expeditious justice to the employees of educational institutions governed by the act so as to ensure security and stability of service. the statement of objects and reasons cannot override the express provisions of a law enacted by the competent legislature. the ..... granted by the education officer.the same view was reiterated in a judgment of mr. justice v.c. daga in ramchandar ramadhar yadav v. hyderabad (sind) national collegiate board (writ petition 467 of 1994 decided on 23rd december 2005) where the learned judge held thus: 'so far as the impugned order of the ..... financial aid which it sanctions is used for the purposes for which it is meant.government is entitled to guard against misuse or diversion and take disciplinary and other measures against errant managements. however, neither the act, nor the rules mandate the approval of the education department as a condition precedent to a valid order .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)BomCR545; [2006]130CompCas227(Bom); [2005]65SCL293(Bom)
..... court shall have jurisdiction to entertain any suit or proceedings inrespect of any matter which the adjudicating officer appointed in this act or the securities appellate tribunal constituted under this act is empowered by/or under this act to determine and no injunction shall be granted by any court or other authority inrespect of any action taken or ..... have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officers appointed under this act or a securities appellate tribunal constituted under this act is empowered by or under this act to determine and no injunction shall be granted by any court or other authority inrespect of any action taken or ..... probably what the statute aims to achieve. the action for damages will not lie if the damages suffered by him is not of the type intended to be guarded against.37. thereafter earned counsel mr. dwarkadas has relied upon the judgment of scott v. frank f. scott (london) ltd and ors. reported in vol. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... dispute are situated. therefore, for the purposes of this petition chapter vi does not apply at all. the preamble of the act recites that it is expedient to make special provision for securing the orderly establishment in industrial areas and industrial estates of industries in the state of maharashtra, and to assist generally in the ..... may have been described as 'a loan' to the maharashtra industrial development corporation, this was only for the purpose of financial accounting and, therefore, only a national debit. precise nature or terms of the relationship between government and the corporation' as regards the transaction 'have not been finally determined' so far and there is ..... rs. 20 lakhs in the account books shown as a loan and paid to the special land acquisition officer was only for the purposes of accounting and national. we have already rejected that stand. then for the first time in the third affidavit which the commissioner filed a third stand was taken. the commissioner .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR772
..... there cannot be any dispute with the proposition that this is a beneficial legislation and has therefore to be interpreted liberally. section 3 of the workmen's compensation act speaks of liability of the employer to pay compensation to an employee who suffers injury or dies during the course of the employment. section reads thus3. employer ..... of heart attack. the non-applicant/appellant did not pay the compensation to the applicants/respondents, hence they filed an application for compensation under the workmen's compensation act. 4. the application was resisted by the non-applicant/appellant. it is admitted by the non-applicant/ appellant that ramlal died while he was removing the ..... given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or(iii) the willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workman.[(2) if a workman employed in any employment .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR35; (1990)92BOMLR533
..... in special civil application nos. 1366 to 1372 of 1957 decided on 4th august 1958. 'the objects of the legislature in enacting the rent act was, apart from giving security of tenure to the tenant, to peg down rents as they were prevailing on the first september 1940. the view that the legislature took was ..... constitution of india.2. mr. atul setalvad, the learned counsel for the petitioners, has submitted that the bombay rents, hotel and lodging houses rates control act, 1947, was enacted with the threefold object of protection of tenants against their unreasonable eviction and demands for extortionate rent and to safeguard the legitimate interests of ..... the inaugural speech of the chief minister of maharashtra delivered on 7th july, 1990 in the conference of national housing policy, western region. our attention has been drawn to the extract from the report of the national commission on urbanisation, august 1988, volume ii. paragraph 18.4.4; while recommending continuation of the existing .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)MhLj97
..... object of fair investigation while adhering to principles of criminal jurisprudence and without compromising powers of the investigating officer as prescribed under the code but fully securing the interest of a victim and a complainant. the larger benches of the supreme court while interpreting the provisions of section 154 accepted the concept of ..... the charges is ever burdened on the prosecution and the burden does not shift upon the accused under the criminal jurisprudence. in raghunath rai bareja v. punjab national bank : (2007)2scc230 , the supreme court stated that the departure from the literal rule should be done only in very rare cases and ordinarily there ..... particulars, proceeded to the spot of the offence, ascertained the relevant facts by going through the railway records and submitted a report of the said acts. the said acts constituted an investigation within the meaning of the definition of investigation under section 4(1) of the code of criminal procedure as explained by this .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)MhLj392
..... made by the parties and repoll was ordered in 60 constituencies. after the re-poll the votes were counted and it was found that the petitioner had secured more votes than 4th respondent. the 4th respondent wherein applied for recounting of the votes but the returning officer rejected the application. the petitioner had been duly ..... and circumstances of the case, the learned designated election judge fell in error in denying to the appellant the benefit of section 10 of the general clauses act and dismissing the election petition as barred by time. the order of the learned designated election judge cannot, under the circumstances, be sustained. the election petition ..... paper could be done only by a candidate contesting the election or his proposer and/or seconded by approaching the returning officer.'32. section 37 of the said act which deals with the withdrawal of the candidates reads as follows :'37. withdrawal of candidature. -- (1) any candidate may withdraw his candidature by a notice .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR34; 2004(2)ARBLR101(Bom); 2004(3)BomCR165; [2005]123CompCas11(Bom); (2005)3CompLJ258(Bom); [2004]51SCL476(Bom)
..... all other entities named therein, including other trading members. constituents and registered sub-brokers of the defaulter. bye-law (12) of chapter xii requires that all monies, securities and other assets due, payable or deliverable to the defaulter must be paid or delivered to the defaulters' committee within such time of the declaration of default as ..... claim for the recovery of a net amount of rs. 3,46,89,636.12 before an arbitral forum constituted under the bye-laws, rules and regulations of the national stock exchange of india ltd. ('nse')- the first respondent was a member of nse, while the appellant was his constituent. a member-client agreement dated 15th january ..... , therefore, was of the view that it would be appropriate to make an order under sub-section (4) of section 34 of the arbitration and conciliation act, 1996 ('the act') to direct the arbitral tribunal to resume the arbitral proceedings and to record a finding on this aspect of the matter.6. having said this, the learned .....
Tag this Judgment!Court : Mumbai
Reported in : II(1995)DMC326
..... sarkar v. maharajadhiraj sir bejoy chand mohatap bahadur, a.i.r. 1922 cal 4 the division bench of the high court of calcutta observed that the land acquisition act created a special jurisdiction and it provided a civil remedy and the claimant could not file a separate suit for recovery of possession and the only remedy available to him ..... available to laxmibai was to seek apportionment in respect of the compensation amount by making the necessary application under section 18 or under section 30 of the land acquisition act no.1 of 1894. the defendant no. 1 also raised certain other issues in the written statement which do not appear to be germane at this stage of ..... agricultural land bearing gut nos. 192 and 195 situate at village awankhed described in para 2(b) of the plaint were acquired by the government under the land acquisition act, 1894. the plaintiff claimed share in the amount of compensation received or to be received by baburao as a result of the acquisition of the said land which .....
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