Court : Mumbai
Reported in : 2002(3)BomCR554; 2002(2)MhLj820
..... india if the making of the award was induced or affected by fraud or corruption. (3) if an application ............................................ the other party to give suitable security.' it is clear that the party, against whom the award is sought to be enforced can resist the enforcement of the award on one or more of ..... the expression 'proper law' refers to the substantive principles of the domestic law of the chosen system. the supreme court, in its judgment in the case of national thermal power corporation referred to above, has observed thus :'24. the validity, effect and interpretation of the arbitration agreement are governed by its proper law. such ..... under the arbitration agreement which will include validity of the award made by the arbitrators. in the case of national thermal power corporation referred to above, the supreme court after considering the provision of the arbitration act, 1940, held that, though the award was made at london, it had to be filed in indian court .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)IIILLJ1517Bom
..... : (1995)iillj238bom . the matter arose out of prosecution for contravention of the provisions of clause 14 of the private security guards (regulation of employment and welfare) scheme, 1981 read with section 3(3) of the maharashtra private security guards (regulation of employment and welfare) act, 1981. the complaint stated that industrial credit and investment corporation of india ltd. was involved in commercial activities and it ..... that the security guards have been employed by the petitioners for providing safety to their employees and the services are incidental to the business activity carried out by the petitioners and the petitioners being a commercial establishment are covered under the provisions of the act.10. mr. gonsalves then referred to the decision of a division bench of this court in national organic chemical .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR164; 2008(6)BomCR789; (2008)110BOMLR2621; 2009(2)MhLj56
..... it was held that a change in service conditions brought about by the 1959 mysore rules was valid. laying down the efficiency and other qualifications for securing the best services like the prescribing of a qualifying test for being eligible for promotion would certainly not be violative of the guarantee of equal opportunity ..... vehicles are put to use for several purposes, legal or illegal, moral or immoral. whenever, said acts are detected, it is difficult day by day to trace out the persons involved in the same. that poses security risks as well. in such circumstances, the witnesses testify before the inquiry officer that the petitioner directed ..... . thereafter, the applications are placed before the petitioner, the registering authority. the authority is the petitioner. he has to satisfy himself about compliance with the act and rules. none can dispute the fact that the registration of motor vehicles is a responsible function. specialized staff is deputed for this purpose. the petitioner .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... of the mills, so that the workers continue to have their livelihood.230. mr. ganguli also emphasised that the national textile corporation was acting contrary to the objectives of 1995 nationalisation act.231. the learned counsel pointed out that none of the mill owners are providing accommodation of 225 sq.feet to ..... such laws generally provide for the preparation of schemes that might be made in respect of the land with the general object of controlling its development, securing proper sanitary conditions, amenities and conveniences such as public parks, play-grounds, hospital areas etc. preserving existing buildings or other objects of architectural, historic ..... -made and the natural environment. therefore, there is a constitutional imperative on the state government and the municipalities, not injure to ensure and safe-guard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment.'(emphasis .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... chairman of the repair board shri ahir, without whose blessings many of the decisions would not have been possible. he is an m.l.a. belonging to nationality congress party. in their letter of 20th september, 2001, shreepati builders record how the initial meeting to consider the redevelopment was held at the instance of sachinbhau ..... no. 17 therein. accordingly, mhada and repair board have taken further steps. they have got the plans approved, invited tenders and the contractor was asked to give security deposit for carrying out the work. it is at that stage that when the modalities of the reconstruction were virtually finalised that mhada and repair board have suddenly ..... acquire be initiated. addition of chapter viii-a providing acquisition in a third situation87. it is thereafter that chapter viii-a was added in the mhad act by maharashtra act no. 21 of 1986 to provide for acquisition of cessed property for co-operative societies of occupiers. it is in this chapter that a third mode of .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3268; (2009)226CTR(Bom)221; 2009(242)ELT168(Bom); [2009]18STJ345; 2009[15]STR657; [2009]22STT130; (2009)25VST473(Bom)
..... , real estate agents, construction services, mandapwalas etc. performance based services are services provided by service providers like stockbrokers, practising chartered accountants, practising cost accountants, security agencies, tour operators, event managers, travel agents etc..20. on the basis of the above discussion, it is clear that service tax is vat which in ..... be impractical for the dozens of bottlers located all over the country catering to their respective market to advertise the brand name/produce at a national level. thus to ensure uniformity and high quality advertisement, the advertisement is always done from one centralized location to cover the entire country and to ..... clause declares that they shall include. but the word 'include' is susceptible of another construction, which may become imperative, if the context of the act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions defined.it .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom
..... primarily intended to create industrial harmony and ensure production and working of industrial units to aid and help the national economy. the scheme of section 25-o proceeds on this premise and is an attempt to secure a balance between the interest and rights of an employer on the one hand and the workmen on the ..... an order but entire proceedings before the labour court or the tribunal shall stand quashed merely upon a reference to national tribunal. such legislative command is conspicuously absent under section 25-o(5) of the act.27. another point of view which would support the view that the first order passed by the appropriate government ..... regarding closure, retrenchment and other matters relating to industrial activities they are expected to be resolved, adjudicated and performed in the manner specified in the act. the act is intended not only to make provision for investigation and settlement of industrial disputes but also to serve industrial peace so that it may result in .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR171; (1997)ILLJ933Bom; 1997(1)MhLj201
..... within the definition of industrial dispute under section 2(k) of the i.d. act being a dispute between the employer and the employees. in that case, the dispute would not be for abolition of the contract labour, but for securing the appropriate service conditions from the principal employer on the footing that the workmen concerned ..... employer and employee or master and servant relationship. in that behalf, several judgments have been cited to which we will make a reference. 27. in shivnandan v. punjab national bank : (1955)illj688sc , the apex court has observed in para 10 as under :- at p 693 'the distinction between a servant and an independent contractor has ..... have no connection with hasmukh rathod and hasmukh rathod started coming to the company after filing of the complaint. the witness has also stated that prakash shetye, security officer of cipla ltd., took the interview of the workmen in the personnel department and it is prakash shetye who appointed the workmen after the interview. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj596
..... this court reported krantikari suraksha rakshak sanghatana. the division bench held that the industrial court exercising power under the said act of 1971 has no jurisdiction to abolish the contract labour system and treat the security guards employed through the contractor as direct employees of the principal employer.22. the legal position which emerges is that ..... of labour laws applicable to the workmen and to deprive the workmen of the advantages of the permanency in service. the respondent no. 1 alleged that the security guards employed through respondent no. 2 performed their duties under the supervision and control of the petitioner through a jr. engineer and the respondent no. 2 never ..... 1 and anr., (hereinafter referred to as the case of vividh kamgar sabha); (v) 2001 (3) clr 349, steel authority of india ltd. and ors., v. national union water front workers and ors. etc, (hereinafter referred to as the case of steel authority of india) and (vi) 2003 (3) clr 949, sarva sharmik sangh v .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR601; 2007(2)BomCR147
..... in dispute that the present petitioners were working in empress mills retail sales division since when it was managed by respondent no. 1 and after its nationalization, came under present respondent no. 2. it appears that there were differences in service conditions of employees working in sales division and working on production ..... up. hon apex court has also observed that too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means designed for the furtherance of justice be used to frustrate it. ..... section 50a to 'recognised agent' of the party and refusing to allow him to act as 'pleader' or an 'advocate' as contemplated by the provisions of the advocates act. for the purpose of this case reference to aswin shambhuprasad patel v. national rayon corporation ltd. : air1955bom262 would be profitable. construing the provisions of order iii .....
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