Court : Mumbai
Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)
..... the union list would be subject to regulation by the states. this is impermissible. a law on public order must truly and essentially address itself to the preservation and maintenance of public order. that is not what the state law does in the present case. the essential nature of the state law in the present ..... law relating to public order. in state of rajasthan v. g. chawla : 1959crilj660 , the supreme court dealt with the ajmer (sound amplifiers control) act, 1953. the act was successfully impugned before the judicial commissioner of ajmer who held that it was in excess of the powers conferred on the state legislature under section 21 of ..... persons mentioned therein shall forthwith vest in the competent authority appointed by the government, pending further order from the designated court.'4. section 5 of the act provides for the appointment of a competent authority, not below the rank of deputy collector to exercise control over monies and properties of a financial establishment attached .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(111)BomLR261; [2009]151CompCas358(Bom); [2009]89SCL169(Bom)
..... transaction.36. apart from this, the submission of the learned counsel for the respondent that the directors are vicariously liable for the offences committed by the companies act cannot be accepted. as observed by the supreme court in maksud saiyed v. state of gujarat : (2008)5scc668 , the indian penal code does not contain ..... is a continuing offence of the same type which was initially committed in changing the complexion of user. in order to constitute a continuing offence the acts complained of must at every moment of continuance reflect all the ingredients necessary for constituting the offence. as we have seen conversion or transitional phenomenon of ..... continuing offences. the learned counsel then urges that the provisions of section 73 are akin to the provisions of the employees provident fund and miscellaneous provisions act which is social welfare legislation as construed by the apex court. the learned counsel buttresses his arguments by relying on the judgments in the case of .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(1)BomCR588
..... extended to goa in the year 1965, is not a source of title. it only justifies a legal presumption that if such right exists the same is to be preserved or continued. as such this presumption is only conducive to the acquisition of title by prescription. however a holder of a registered instrument has to expressly plead prescriptive title ..... , however, it is not less true in the event of disturbance of possession by third party and not the owner, the plaintiff can maintain possessory suit under the act. if the rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the statute of limitation ..... by the appellant as it stands today since injunction was not available any more because the appellant had lost possession. hence the benefit of section 34 of the special relief act was not attracted. reliance was placed in this regard in the case of ram saran and another v. smt. ganga devi, : air1972sc2685 . this was a case under .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3489
..... which alone interference either could or could not be made. courts of law have a duty and obligation in order to maintain purity of standards and preserve full faith and credit as well as to inspire confidence in alternate dispute redressal method of arbitration to interfere, when on the face of the award ..... the arbitration clause itself permits the chairman of appellant authority to appoint any other officer as mentioned therein if the chairman is unwilling or not available for acting as an arbitrator. language of clause 40 itself permits reference of dispute to any other officer if office of chairman is abolished or his designation is ..... bom. 417 jayantilal jamnadas v. chhaganlal nathoobhai was one of its members. inspite of this express recommendation, learned senior advocates states that the position in 1963 limitation act remains same and has not been improved. he, therefore, argues that legislative mandate is clear and must be honoured.7. in jayantilal jamnadas v. chhaganlal nathoobhai ( .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798
..... statutory bodies and governmental organisations, although there is no sanctioned post. under the garb of exercise of powers under section 11a of the industrial disputes act, the labour and industrial tribunals cannot grant the relief of reinstatement amounting to regularisation and appointment to the non-existing post which otherwise not permitted ..... supreme court considered the question-: 'whether the petitioners can be said to have been 'retrenched' within the meaning of section 25f of the industrial disputes act, 1947?'. while answering this question, the hon'ble supreme court observed that:'every department of the government cannot be treated as 'industry'. when the ..... committed and/or indulged in any unfair labour practice. according to the corporation, the corporation is constituted under the provisions of the road transport corporation act, 1982 and is controlled by the government of maharashtra. the policies of the corporation are independently framed by the board of directors of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR260; 2002(1)MhLj288
..... removal of inedible portions, the slicing and thereafter canning it on adding sugar to preserve it. he further relied upon the decision of the supreme court in delhi cold storage p. ltd. v. commissioner of income-tax : [1991]191itr656(sc) , ..... not come under the ambit of 'meat'. the process admittedly carried out by the petitioner on meat will definitely come under 'manufacture' as defined under the act. as we pointed out earlier entirely different goods were sold by the petitioner and, therefore, they are not goods that are included in the second schedule. ..... of the original pineapple fruit for the purpose of manufacture and the case does not fall within section 5a(1)(a) of the kerala general sales tax act, 1963. although a degree of processing is involved in preparing pineapple slices from the original fruit, the commodity continues to possess its original identity, notwithstanding the .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR665; (1992)94BOMLR30
..... in 1982 lab & ind 89, the allahabad high court was required to consider a case where the plaintiffs were appointed as rakshaks under the railway protection force act, 1957 by an assistant security officer. the court said that it would be immaterial for the application of article 311 of the constitution whether the power to appoint ..... assistant security officer has the power to appoint senior rakshaks and rakshaks. 8. the petitioners have however drawn our attention to section 6 of the railway protection force act, 1957. section 6 states as follows: '6. appointment of members of the force:--- the appointment of members of the force shall rest with the chief security officers ..... force rules, 1959. the latter have been framed by the central government in exercise of powers conferred on it by section 21 of the railway protection force act 1957. as per the rules, every person who is recruited as a rakshak is required to undergo an initial programme of training. on his successfully completing the .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR187
..... of taking cognizance would render illegal and without jurisdiction. in such contingencies can the complainant be blamed who has approached the court quite within limitation prescribed under the act but no cognizance could be taken for the valid and good reasons on the part of the magistrate and should the complainant suffer for no fault on his ..... with the proprietors of pragati enterprises are totally false and in fact this complainant had nothing to do with the pragati enterprises save and except that he was acting as commission agent for them. in spite of this knowledge to both the complainants they had falsely involved this complainant in these two complaints on the false accusations ..... the period of limitation, is that a bar is created in taking cognizance of an offence wherein the complaint is barred by limitation.21. the limitation act prescribes the limitation for taking action in the court of law and if the action is taken after the expiry of the period prescribed under the limitation .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR191
..... the angles of the fulfilment of the customs act, 1960. if, having regard to all these factors the regulation requires that a shipchandler ought to bring 'no objection' from ship's agent, who are otherwise ..... and indian vessels which touch the port or harbour, it must be held that port administration can make all reasonable regulations to carry out the purposes of the act. shipchandling is a business which involves supply of food items to the vessels which are berthed at the port. this requirement also involves security including certain measures from ..... such a power cannot be exercised by any of the officers of the state government and what is more by virtue of the provisions of the major port trusts act, 1963, such power has been expressly given and vested in the port administration, namely the board of trustees. it is therefore difficult to envisage how the .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(1)BomCR126; (1992)94BOMLR488; (1993)IIILLJ146Bom
..... , energy and labour departments, mantralaya, bombay, in exercise of the powers conferred under section 88 read with section 91-a of the employees' state insurance act. by this notification, the state government exempted all the manual workers engaged in connection with the loading, unloading, stocking, carrying, weighing, measuring, filling, ..... benefits of the workers.9. the objects and reasons to enact 'the maharashtra mathadi, hamal and other manual workers (regulation of employment and welfare) act, 1969, are that the persons engaged in occupations like mathadis, hamals, fishermen, salt pan workers, casual labour, particularly employed in docks, khoka workers ..... , stitching, sorting, cleaning or such other work including the work preparatory or incidental thereunder in the employment specified in the schedule under the mathadi act. this notification fully applies to a man under consideration and, therefore, these exemptions extend to the appellant in so far as baburao more is concerned .....
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