Court : Mumbai
Reported in : 1995(2)BomCR344
..... per week with five days working week. there was no demand pending adjudication before the tribunal for increase in the working hours. section 10 of the act which delimits the jurisdiction of the industrial tribunal to adjudicate a reference provides, vide sub-section (4), that where the appropriate government has specified the ..... prejudice of the workmen concerned in the dispute, conditions of service applicable to the xxxx.' this provision was modified as already noticed above and the present act clearly contemplates that the tribunal may grant express permission to an employer to alter the conditions of service applicable to the workmen to their prejudice. under clause ..... was itself the subject matter of the pending reference. while in terms negativing this contention, the division bench observed : 'now, the scheme of the industrial disputes act, as observed by the supreme court in the cases of : (1959)iillj666sc , which we have just noticed, was to maintain status quo as regards the .....
Tag this Judgment!Court : Mumbai
Reported in : (1877)ILR2Bom19
..... nobody, i may here observe, has ever heard in england of such a right being, as property, subjected to probate or succession duty. jurisdiction being given by act viii of 1859, section 5, in actions not brought for land or other immoveable property, to the courts within whose jurisdiction defendants reside, there is not any necessity ..... of the state by which this right is claimed. it is upon this ground that is founded the acknowledged immunity of a neutral state from the exercise of acts of hostility by one belligerent power against another, within those limits. this claim has, however, been sometimes extended to exclude other nations from the innocent use ..... from getting into their nets, thus causing them considerable pecuniary loss. they, therefore, claim from the respondents rs. 3,000 as damages in respect of such their act, and also pray for a perpetual injunction to restrain the latter from repeating it.2. in their written statement the respondents (defendants below) urge that the court .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR498
..... 1907. payment was made under protest, and the present suit to determine liability was instituted.7. the case depends upon the proper construction to be put upon the act referred to. its preamble is not without importance:-whereas, in several districts of the madras presidency, large expenditure out of government funds has been, and is still ..... description of landholder not holding under ryotiouri settlement is by virtue of engagements with the government entitled to irrigation free of separate charge, no cess under this act shall be imposed for water supplied to the extent of this right and no more....10. the respondent's position is that of a zamindar not holding ..... committed to the transactions which they have accepted as binding parties for a period of between eighty and ninety years, during which (including forty years since tho act was passed) the zamindari of bobbili has been enjoyed without any question that the zamindar held under a tenure which gave him the benefit of the proviso .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... ordinary and natural meaning, i hold that it is inadmissible to seek to construe that clause in the light of various sections in an earlier act. moreover, act viii of 1859 was an act for simplifying the procedure of the courts of civil judicature not established by royal charter, and would in my judgment afford no proper guide for ..... of 1862 cannot, however, be lightly treated, but is entitled to due weight. it stands on a higher plane than a statement of objects and reasons of an act.11. the act of 1861 (24 & 25 vic. c. 104) conferred on the queen the right to establish by letters patent high courts at calcutta, madras and bombay which ..... perhaps the commonest way in which mercantile transactions in this city are financed. i can well understand the consternation with which banks and other financing corporations here who have acted on the law laid down in this presidency before india spinning & weaving co., ltd. v. climax industrial syndicate will regard a decision which compels them in order .....
Tag this Judgment!Court : Mumbai
Reported in : (1952)54BOMLR854
..... only by a substantive law but also by a law of procedure and that the procedure prescribed by the corresponding provisions in the west bengal special courts act and the saurashtra ordinance which introduced similar departures from the ordinary law of procedure constituted a discrimination against persons tried by the special judge according to ..... exercised over the appellants' case, could cease to continue on and after january 26, 1950. according to the appellants' contention, the special procedure prescribed by the impugned act became discriminatory and void after january 26, 1950, and, therefore, inapplicable to what remained of their trial. but, could this circumstance affect the competence of the special ..... valid in its entirety. he contends, on the authority of the decision of this court in keshavan madhava menon v. the state of bombay [1951]s.c.r. 228 that the constitution has no retroactive operation and that it does not affect the rights acquired or the liabilities incurred under laws .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR214; 2008(4)MhLj534
..... the submission of the learned government pleader because such an interpretation of sections 73(1a) linked with section 77a will be against the spirit of the act and counterproductive. if such an interpretation is accepted, a cooperative society although registered, will continue to be governed by the registrar and not by the ..... therefore, there was no question of challenging the said order earlier. the petitioner approached this court only after he learnt that respondent no 2 has not acted upon the said order and deviated from the same, after consultation with district deputy registrar. according to him, the date cannot be extended to accommodate more ..... advocate shri salunke; an illegality crept in, in the process of election.by referring to section 73(1a) and clauses(a) and (b) of the mcs act together, learned advocate shri salunke, hypothetically calculated that a provisional administrative/managing committee can occupy a maximum period of six years and three months i.e. first .....
Tag this Judgment!Court : Mumbai
Reported in : 5Ind.Cas.213
..... ., is clearly not contemplating cases of this kind. in such cases assuming that local authorities have not sufficient powers to compel obedience to their acts, where those acts are public acts of health, safety and convenience, the attorney-general supplements the defects of their authority by calling upon the courts to issue mandatory injunction to ..... almost equally open to either construction. i must, therefore, be guided, partly at least, by a consideration of the general policy underlying the whole act. this act is intended for the municipal government of the city of bombay. if we turn to section 64 there can be no mistaking the intention of the ..... the offending local authority, corporation or company; (b) or where powers conferred upon the local authority are inadequate for enforcing compliance with the provisions of their act, to supplement, those powers by his special remedies. and neither of those cases in the least resembles the present case.16. having thus briefly staled what .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(2)BomCR631; (1996)IILLJ1044Bom; 1996(1)MhLj787
..... merits of the challenge, it would be expedient to briefly refer to the scheme of the cine workers and cinema theatre workers (regulation of employment) act, 1981. this act was enacted by the parliament to provide for the regulation of the conditions of employment of certain cine workers and cinema theatre workers and matters connected ..... gsr 347. - in exercise of the powers conferred by sec. 5 read with sub-sec. (1) of sec. 7 of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), the central government hereby makes the following scheme further to amend the employees' provident funds scheme, 1952 namely : 1. this scheme may be ..... as arbitrary and discriminatory and violate of art. 14 of the constitution of india. this challenge is based on the ground that though the provident funds act applies to industrial establishments employing twenty or more persons, it has been made applicable to cinema theatres employing five or more persons. according to the petitioners, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom75; (1967)69BOMLR93; ILR1967Bom269; 1967MhLJ372
..... of licence.(45) this question was examined in some detail in one of the decisions of the nagpur high court reported in sheoshankar v. state, ilr (1951) nag 646 = (air 1951 nag 58 fb), to which attention has been drawn by the learned cousel for the petitioners. one of the judges constituting the full bench, hidayatullah, j., ..... is described merely as a proprietor of a dal flour mill.(3) the state of maharashtra in exercise of powers conferred by section 3 of the essential commodities act, 1955 (act 10 of 1955) read with the notification of the government of india in the ministry of food and agriculture (department of food) published under gsr 888, ..... as he then was, took the view that, strictly speaking, the application filed by sheoshankar for declaring some of the provisions of the prohibition act ultra vires should be .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)481; (2003)2BOMLR562; 2003(2)MhLj105
..... before the child welfare committee afterbeing rescued under the immoral traffic (prevention) act, 1956 or foundsoliciting in a public place. only the parents/guardian of such juvenileshould be permitted to make representations before the child welfarecommittee through themselves ..... guardian is found unfit to have the care and custody ofthe rescued juvenile, the procedure laid down under the juvenile justice(care and protection of children) act, 2000 should be followed for therehabilitation of the rescued child. (f) no advocate can appear before the child welfare committee onbehalf of a juvenile produced ..... that the ossification test indicated that the girls were minors. they were taken charge of from a brothel. they were clearly victims of circumstances, acting at the dictates of the brothel keeper. they were therefore children in conflict with law and ought to have been produced before the child welfare .....
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