Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... (2), the reserve bank may, having regard to - (i) the fact that any person or company (including its branch), referred to in sub-section (1), is carrying on any activity referred to in clause (a) of that sub-section at the commencement of this act or has established a branch, office or the place of business for the carrying on of such activity at such commencement, in either case, in pursuance of any permission or licence granted by the central government; and (ii) in the nature of the activity ..... 1 of the cpc lays down that all such persons may join in one suit as plaintiffs where any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative, if such person brought separate suit, any common question law fact would ..... although the 1882 act had been repealed and repealed and replaced by later acts, there was nothing in those subsequent acts which could reasonably be interpreted as taking away that elementary ..... - in terms of section 29(1)(b) of the foreign exchange regulation act, 1973, no person resident outside india whether an individual, firm or company (not being a banking company) incorporated outside india can acquire shares of any company carrying on trading, commercial or industrial activity in india without prior permission of ..... crores in 1983; that the profits before tax rose from rs. ..... crores and after payment of tax from rs. 3.15 to rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1973Bom323; (1973)75BOMLR290
..... it seems to me that though the question raised before me in this appeal was not raised in that decision under the bombay merged territories miscellaneous alienations abolition act, 1955, still the observations made by the learned judge definitely show that even after the abolition of the hazur sanadi inams, the learned judge was of the opinion that the lands belonging to the joint family continued to be the joint family lands and were liable to be ..... jahagirdar has argued that the provisions of the bombay merged territories miscellaneous alienations abolition act, 1955, being similar to the provisions of the act under our consideration, the observations made by the learned judge in the aforesaid case apply to the present case ..... in the instant case, before the watan was abolished, as i have already pointed out, there was a severance of status, with the result that on the date of the abolition of the watan, the land which was a joint family land before, was held by the brothers as tenants-in-common, and dagdu who was in actual possession was, therefore, holding it for and on behalf of himself ..... in view of the statutory provisions contained in sub-section (3) of section 5 of the act, the court itself would pass a decree subject to these provisions, in which case the court would be granting the relief of partition of such land by metes and bounds only subject to the previous sanction of the ..... court, therefore, is not helpless in the matter of granting relief to the plaintiff. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom300; (1974)76BOMLR347
..... the watan to which it appertained on payment of the occupancy price equal to twelve times of the amount of the full assessment of such land within five years from the date of the coming into force of this act and the holder shall be deemed to be an occupant within the meaning of the code in respect of such land and shall primarily be liable to pay land revenue to the state government in accordance with the provisions ..... to a division bench by a single judge of this court as it involves interpretation of some of the provisions of the bombay paragana and kulkarni watans (abolition) act, 1950 (bombay act, no. ..... it is also argued that since the claim is due and bona fide and since the relief of injunction is a discretionary relief, the court should not exercise the discretion in favour of the plaintiff as he may have alternative and adequate remedies to redress his grievance, it ..... resumption of land this liability under the code is made to a rise by the latter part of sub-section (3) of section 3 of the act, this is a case where the liability has been expressly indicated and the courts are not required to strain the language of the statute for imposing the tax or liability upon the citizen.19. ..... and obviously in the absence of clear provisions the court would always lean in favour of a citizen and not make him liable to pay any tax unless clearly imposed. ..... of his arguments to some of the observations in maxwell on the interpretation of statute regarding strict construction of taxing statutes. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... section 3 of the bombay merged territories and areas (jagirs abolition) act, 1953 (bombay act 39 of 1954) and thereafter the let petitioner continued to ..... with by an enactment should as far as possible be allocated to one or the other of the entries in the lists and the residuary entry 97 in list i should be resorted to as the last refuge; and (f) if entries either from different lists or from the same list overlap or appear to conflict with each other, every effort is to be made to reconcile and bring out harmony between them by ..... decisions of the supreme court where, the question of validity of restrictions on freedom assured under article 301 came up for consideration, the enactments concerned were fiscal enactments imposing taxes or fiscal burdens, but it cannot be disputed that restrictions or hindrances which impede trade and commerce may take diverse forms and even to such restrictions or hindrances the same ..... the state government for carrying out the purposes of the act while section 24 repeals some of the sections including sections 34a and 35 of the indian forest act, 1927 as it is made applicable to the state ..... case the provisions of the haryana minerals (vesting of rights) act, 1973 the object and effect of which enactment was to acquire proprietary rights to mineral deposits in 'land', was challenged as trenching upon the occupied field under the central act 67 of 1957, the provisions of the haryana act did not mention leasehold or licence rights but merely sought to .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR787; I(2005)BC384
..... done by virtue of the shipping development fund committee (abolition) act, 1986. ..... all these suits were originally filed by the government of india's shipping development fund committee, a body constituted under the unamended merchant shipping act, against the shipping company 'damodar bulk carriers limited and each one of the above suits is directed against the vessels damodar krishna, damodar tanabe, damodar kaveri, damodar tasaka and ..... 1 and 2 at the relevant time the shipping development fund committee constituted under the merchant shipping act enjoyed a monopolistic character and acquisition of the ships by the indian shipping companies was required to be made only through shipping development ..... basically filed on the basis of mortgage of the vessels which was created by the deeds of mortgage of the year 1976 and therefore as admittedly those deeds of mortgage are registered under the merchant shipping act this court will have the jurisdiction to entertain the suits in its admiralty jurisdiction. ..... give a fresh and an independent cause of action and these suits have been instituted on the basis of these supplementary agreements which are admittedly not registered under the provisions of the merchant shipping act and, therefore, this court will not have the jurisdiction to entertain the suit. ..... the plaintiffs are entitled to obtain any relief against the defendant nos. ..... the sum of us $ 842,320.22 with interest in the sum of us $ 16,327.41 and cost which taxed at pound 26,852.78? ..... 1973 .....
Tag this Judgment!Court : Mumbai
Reported in : [2000(84)FLR223]; (1999)IILLJ1370Bom
..... to make solid waste management practices effective and also suggested to the government of india to keep the solid waste management services outside the purview of the contract labour (regulation and abolition) act, 1970 so as to enable public private partnerships and private sector participation in selected areas of solid waste management for improving the quality of life in urban areas. ..... contractor should be a written document on stamp paper; the contractor should be a well established contractor having an independent establishment and should obtain a licence under the contract labour (regulation and abolition) act, 1970, if engaging 20 or more workmen by way of contract labour; should engage his own supervisory staff to carry out the work. ..... that is to say, in the event of the engagement of labour force through an intermediary which is otherwise in the ordinary course of events and involves continuity in the work, the legislature is candid enough to record its abolition since involvement of the contractor may have its social evil of labour exploitation and thus the contractor ought to go out of the scene bringing together the principal employer and the contract labourers rendering the ..... our responsibility in the discharge of our constitutional duty to see if they are entitled to any relief in law and grant them such relief here and now.legal contentions25. mr. ..... therefore, brought this petition for obtaining appropriate relief to the contract labour.18. ..... taken out for interim reliefs. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR350; 2009(111)BomLR473; 2009(2)MhLj220
..... the learned advocate then submits that the watan abolition act is not included in schedule iii of the bt&al; act and, therefore, section 32g would not be applicable to the present case. ..... the appointed date under the bombay inferior village watans abolition act (for short, 'watan abolition act'). ..... the watan was abolished and 22.1.1959 in view of the bombay inferior village watans abolition act, 1958 (for short, 'watan abolition act'). ..... the learned advocate points out that the land was watan land and was resumed by the government under the watan abolition act on the appointed date i.e. ..... in my view, there is no material on record to indicate that the tenancy had been terminated in view of the provisions of section 5 of the watan abolition act. ..... he points out that the application for possession filed under section 32(1b) of the bt&al; act was filed six months beyond the period of limitation and, therefore, ought not to have been allowed. ..... the learned advocate submits that under section 5 of the bombay hereditary offices act, 1874, watan land could not be alienated or leased by the watandar i.e. ..... therefore, in my opinion, the petitioner does not deserve any relief in the present petition.10. ..... an order was passed by the tehsildar on 30.7.1973 restoring the possession of the land to the tenant by withdrawing the same from the landlord and the purchaser.3. ..... he submits that the petitioner is not a bonafide purchaser and therefore, would not be entitled to any relief in the petition. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR574
..... the two issues were:(i) whether the concept of automatic absorption of contract labour in the establishment of the principal employer on issuance of the abolition notification, is implied in section 10 of the contract labour (regulations and abolition) act, 1970 (for short 'clra act'); and(ii) whether on a contractor engaging contract labour in connection with the work entrusted to him by a principal employer, the relationship ..... question whether central government or the state government, is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression 'appropriate government' as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; or the establishment ..... grievance of the corporation raised at the time of admission of the appeal that the learned single judge ought to have moulded the relief of absorption as per paragraphs 32, 34 and 35 in the decision of parimal chandra raha and the order in the case of ..... 1973)iillj130sc (supra), this court held that where there is a statutory liability on the company concerned to run a canteen in the factory, then even though the canteen was run by a co-operative society, the employees working in the canteen would be covered by the definition of the word 'employed' envisaged in section 3(13) of the bombay industrial relations act ..... 1973 .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)ILLJ371Bom
..... the contract labour in the establishment concerned subject to the conditions as may be specified by it for that purpose in the light of para hereunder:(6) if the contract is found to be genuine and prohibition notification under section 10(1) of the clra act in respect of the establishment concerned has been issued by the appropriate government, prohibiting employment of contract labour in any process operation or other work of any establishment and wherein such process, operation or other work of the establishment ..... conditions of the license which was granted by the government and submitted that clause (v)(a) and (b) clearly stipulated that the conditions of service of the workmen were to be in accordance with the provisions of the minimum wages act and that clause (b) also prescribes that where the workmen employed by the contractor performs the same kind of work which is performed by the workmen employed by the principal employer then, in that case, hours of ..... industrial court partly allowed the reference and directed the appropriate government to take necessary action under sections 10(1), (2)(a) to (d) of the contract labour (regulation and abolition) act, 1970] (hereinafter referred to as 'clra act') within a reasonable period. ..... he submitted that the union was pressing for the said relief which was granted by the tribunal and, in that event, it could not pursue the argument that the contract was sham and bogus at the same ..... of shops and establishments : (1973)iillj495sc . .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR597; 2002(1)BomCR197; (2001)4BOMLR691; [2002(93)FLR58]; (2001)IILLJ1398Bom
..... he submits that even if the relief that falls for consideration in the present application would overlap with the reliefs that could be granted in the complaint pending before the industrial court, even then there was no inhibition for the authority to proceed to decide the matter on merits, having regard to the power conferred by the contract labour (regulation and abolition) act. ..... on conjoint reading of the definition of workman with clauses (b) and (o) of rule 25(2)(iv) of the maharashtra contract labour (regulation & abolition) rules, 1971, the submission made on behalf of the petitioner union that duty is cast upon the authorities under this act (contract labour act) to ensure that wages specified in this behalf by the commissioner of labour are observed. ..... the preamble of this act reiterates the object of the enactment which mentions that : an act to regulate the employment of the contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. ..... act, 1971, unless the benefits in respect of any matter which are more favourable to the workmen so employed than those to which they would be entitled under the contract labour act, as such it would be the duty of the officer/authority empowered under the contract labour act to give effect to the provisions of this act, notwithstanding the possibility that the workman could avail of a similar relief under some other enactment including m.r.t.u. & p.u.l.p. .....
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