Court : Mumbai
Reported in : AIR1978Bom106; (1979)81BOMLR49
..... shah the learnedcounsel for the defendants,contends that the agreements betweenthe plaintiffs and the defendants are theagreements which come within the purview of the 1961 act and that the claimsof the plaintiffs in the suit are matterswhich have been agreed to be referred toarbitration by virtue of and under thearbitration clauses contained in the saidagreements. ..... with a view to nullifying the effect of the supreme court judgment and to bring the provisions of the said section 3 in accord with the objectives of the convention, the foreign awards (recognition and enforcement) amendment act, 1973, was enacted. ..... 1960 and provided further that it is in pursuance of an agreement in writing to which convention set forth in the schedule to the said 1961 act applies end is made in one of territories notified by the central government to be the territories to which the said convention applies. ..... a provides for the applicability of the rules of the international chamber of commerce and the provisions of the indian arbitration act with the rider that in case of conflicts the rules of international chamber of commerce should prevail. ex. ..... as to prayer (b), in view of section 35 of the arbitration act, relief in terms thereof granted. ..... such breaches entitle the plaintiffs to claim damages and other reliefs against the said defendants. ..... 72 of 1976 relief in terms of prayer (a) declined. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR307; 1987MhLJ782
..... that assuming that the decision in frank anthony's case is consistent with the earlier decisions of the supreme court, the provisions of the present act are different from those of the delhi school education act (18 of 1973) which fell for consideration in frank anthony's case.5. ..... in any case where the matter has already been decided by a court or tribunal of competent jurisdiction or is pending before such court or tribunal on the date of commencement of the maharashtra universities (second amendment) act, 1977, or where the order of dismissal, removal, otherwise termination of service or reduction in rank was passed by the management at any time before the 1st day of july, 1974. ..... exceeding his emoluments for six months, by way of compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereafter, as it may specify; or (f) to give such other relief to the employee and toobseerve such other conditions as it may specify having regard to the circumstances of the case. ..... the last attack is against the provisions of section 42-d(2) to (4) which give powers to the tribunal to give reliefs of various kind to the employee whose dismissal, removal, termination of service or reduction in rank is held to be wrongful, and also to give ..... the tribunal was presided over by a judicial officer not below the rank of the district judge, the act did not define the exact scope of the tribunal's powers and the manner in which the tribunal was .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR612
..... the decision, a formal notification dated march 2, 1993, reading thus, was issued :- 'in exercise of the powers conferred by sub-section (1) of section 10 of the contract labour (regulation and abolition) act, 1970 (37 of 1970), the central government, after consultation with the central advisory contract labour board, and after having due regard to the conditions of work and benefits provided for contract labour ..... the central government issued notification under section 10(1) of the contract labour (regulation and abolition) act, 1970 (for brevity 'the act'), dated december 9, 1976, prohibiting employment of contract labour, with effects from march 1, 1977, in sweeping, cleaning, dusting and watching of buildings owned or occupied by establishments in respect of which the central ..... ' the court further observed that the parliament has not abolished contract labour system as such but has provided for its abolition by the central government in appropriate cases, in certain process, operation or other work in any establishment and if the contract labour system has to be abolished as a whole, that ..... a contract labourer can maintain a writ petition for the reliefs claimed; and (ii) that the appropriate government perform legislative functions under section 10 of the act and as such its action is not subject to judicial ..... to give any relief to the workmen of the erstwhile contractor even if the labour contract is abolished by the appropriate government under section 10 of the act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom203; 1974MhLJ51
..... considering the question of a building as appurtenant to the zamindari transfer under the provisions of section 8 of the transfer of property act.with reference to the provisions of section 8 of the said act it was observed that the section itself is subject to the exception to the general rule if a different intention is express or ..... the statutory ownership that the tenant is entitled to possess under the provisions of the bombay tenancy and agricultural lands (vidarbha region) act, 1958 (hereinafter called the tenancy act of 1958) and his right to get upon such transfer all the trees in a holding, has been raised in this petition ..... these persons in berar were given certain protected status by berar were given certain protected status by berar regulation of agricultural leases act,1951 and declared that the lease held in the year 1951-52 would be deemed to be for a period, firstly, for five years, then by ..... be terminated by efflux of time and the relations between landlord and tenant were to be regulated by the provisions of the tenancy act, on the other, express provision came to be legislated as to the determination of tenancy on given grounds, section 19 of the tenancy act of 1958 provides how the tenancy of the land with which the act is concerned can be determined or terminated under the circumstances mentioned in sub-sections (1) and (2) of that section. ..... abolition of proprietary rights (estates, mahals and alienated lands) act, 1950 (i of 1951) a compendious code ..... repealed .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(5)BomCR43; (2002)IIILLJ277Bom
..... the provisions of the maharashtra private security guards act, 1981 are perfectly legal and so far as the state of maharashtra is concerned, it is obvious that they should prevail even over the provisions of the contract labour (regulation and abolition) act, 1970, assuming that there is any conflict ..... not benefited by the legislation but are worse off because of the same.assuming, however, that there are some service conditions of the security guards which are not provided for in the act, the question is, is there no employer against whom the security guard can proceed?it is in the light of the tests of the master and servant relationship laid down in the aforesaid ..... labour (regulation and abolition) act, 1970 (hereinafter referred to as 'the contract labour act'), as also the contract labour (regulation and abolition) amendment ordinance, ..... an employee of the agency, the terms and conditions of his services were more beneficial as a whole than the terms and conditions of service offered by the act and the scheme under the factory or establishment the original terms and conditions of service will be preserved and become applicable to his service while allotted to the factory ..... consideration the wide aspect of claims made and the interim reliefs earlier granted, we hereby direct that the interim relief wherever granted shall continue to protect the petitioners therein for ..... consideration of the supreme court were the haryana children act, 1974 and the criminal procedure code, 1973. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR24
..... in 1963-64, proceedings were initiated under the bombay salsette estate abolition act, 1951, and vide an order dated 24th december, 1964, ..... lands were used for extracting minor minerals such as quarries) whose total holdings of lands became less than twelve hectares on the appointed day on account of acquisition of their forest lands under this act, or whose total holdings of lands was already less than twelve hectares on the day immediately preceding the appointed day, the whole or the appropriate portion of their forest lands so acquired shall ..... excluding an area not exceeding two hectares in extent as the collector may specify in this behalf;(iv) land in respect of which a notification has been issued under section 38 of the forest act;(v) in a case where the state government and any other person are jointly interested in the forest, the interest of such person in such forest;(vi) sites of dwelling houses constructed in such ..... 34-a and 35 of the forest act have been repealed with effect from 30th august, 1975 after the coming into force of the acquisition act and in view of such repeal no fresh declaration by issuing a notification under section 34-a or fresh issuance of a notification ..... list both the petitions for interim reliefs after one week. ..... 5726 of 1973 was filed ..... was withdrawn from acquisition by an order passed by special land acquisition officer, national park, borivli on 15th september, 1973. ..... gunthas was withdrawn from acquisition proceedings in 1973. ..... in 1973, there .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR110; 2007(1)BomCR329
..... were enacted after a full consultative process spread over several years; had been the subject of different committees, discussions, debates and were sanctioned after following the statutory consultative process under the mrtp act, 1966; (e) the validity of the dcr, 1991 had been challenged on various grounds in 1991 and the challenge was repelled by a reasoned judgement by a division bench of this court. ..... according to the petitioner this has resulted in affecting the quality of life of millions of citizens, staying in one room tenements and who pay their taxes and by obeying the law have either purchased or taken on rent tenements, to house themselves and their families. ..... it appears to us however that the maximum period fixed by the legislature as the time within which the relief by a suit in a civil court must be brought may ordinarily be taken to be a reasonable standard by which delay in seeking remedy under art. ..... bhailal bhai : [1964]6scr261 , the supreme court has observed thus:that the provisions of limitation act do not as such apply to the granting of relief under article 226. ..... reliance is placed on the judgment of the apex court in : [1973]3scr39 where the supreme court held that classification in the matter of payment of compensation could not be made on the basis of public purpose for which the land was acquired and as such the classification would be ..... union of india : [1973]2scr860 and si syndicate v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)ALLMR143; 2001(3)BomCR652
..... the date of exercise of the option till the appellant executed the necessary form 37-i under chapter xx-c of the income tax act; for consequential directions to effectuate a decree of specific performance of the agreement; a declaration that on and from 31.3.98 the appellant was in wrongful possession of the suit premises as trespasser and had incurred a liability ..... judgment in nagin mansukhlal dagli (supra) also does not carry the matter any further, in nagin mansukhlal dagli a contention was urged before the court that section 41 of the presidency small cause courts act, 1882 did not take away the concurrent jurisdiction of the high court on original side to entertain a dispute between the licensee and licensor relating to recovery of possession of immovable property, we notice that ..... by their report; a declaration that the appellant was under an obligation to execute the necessary form required under section 37-i prescribed under chapter xx-c of the income tax act, 1961 and to file the same with the appropriate authority under the said act, a direction to the appellant to specifically perform the terms of the agreement for purchase of the suit premises on the aforesaid consideration together with interest at 21% per annum from ..... was in force on february 1, 1973 with effect from which section 15a was inserted in the bombay rents, hotel and lodging house rates act 1947. ..... reliefs .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR124; 2002(3)BomCR655
..... 'it is thus clear that the maximum period fixed by the legislature as the time within which the relief by a suit in a civil court must be brought may ordinarily be taken to be a reasonable standard by which delay in seeking remedy under article 226 can be measured ..... it appears to us, however, that the maximum period fixed by the legislature as the time within which the relief by a suit in a civil court must be brought may ordinarily be taken to be a reasonable standard by which delay in seeking remedy under article 226 can be measured ..... the petitioner has allowed his legal right to be lapsed by virtue of law of limitation and, therefore, in our view, this court cannot extend its discretionary powers to give any relief to such petitioner with regard to the properties involved in the decree. ..... in view of 1959 amendment to the rent act and the subsequent amendment of 1987, the sub-tenancy created prior to 1st february, 1973 has been legalised, notwithstanding anything contained in any contract or in any judgment, decree or order of a court, and such sub-tenants cannot be evicted except by filing a suit in the competent rent court, viz ..... counsel is right in his submission that the provisions of the limitation act do not as such apply to the granting of relief under article 226. ..... argued that assuming that the remedy of recovery by action in a civil court stood barred on the date these applications were made that would be no reason to refuse relief under article 226 of the constitution. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom85; 1996(2)BomCR422; (1995)97BOMLR55; 1996(1)MhLJ572
..... 23(1)(a) the conduct alleged has to be something more than a mere disinclination to agree to an offer of reunion, it must be misconduct serious enough to justify denial of the relief to which the husband or the wife is otherwise entitled :'in the case before us the only allegation made in the written statement is that the petitioner refused to receive or reply to the letters written ..... , and in such a case, but not otherwise, the court shall decree such relief accordingly.section 13(1a)(ii) deals with granting relief of dissolution of marriage when there is no restitution of conjugal rights for more than one year after passing the decree of restitution, which reads as under:--section 13(1a)(ii) :(1a) either party to a marriage, whether solemnized before or after the commencement of this act, may also present a petition for the dissolution of the marriage by a decree ..... act provided that even if any of the grounds for granting a relief under the act exists, the court shall decree such relief only when it is satisfied that the petitioner has not, in any way, taken advantage of his or her own wrong or disability for the purpose of such relief ..... under this act, whether defended or not if the court is satisfied that-(a) any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief;(b) to ..... 23 of the act, disentitle the spouse from obtaining the relief of dissolution of marriage by a .....
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