Judgment Search Results Home > Cases Phrase: refuge relief taxes abolition act 1973 repealed Court: mumbai Page 7 of about 570 results (0.111 seconds)

Maharashtra General Kamgar Union Vs. Cipla Limited and ors.

Court : Mumbai

Reported in : 1997(2)BomCR171; (1997)ILLJ933Bom; 1997(1)MhLj201

..... the aforesaid contentions, the questions that fall for consideration in this appeal which are common to all the appeals are, as follows : (a) whether an industrial dispute can be raised for abolition of the contract labour system in view of the provisions of the act (b) if so, who can raise such dispute (c) whether the industrial tribunal or the appropriate government has the power to abolish the contract labour system and (d) in case the contract labour ..... contract between the company and the contractor, the renewal contracts, the licence granted by the registering/licensing authority under the provision& of the contract labour (regulation and abolition) act, half-yearly return submitted to the authority under the provisions of the act, visit remarks dated january 7, 1994 by the inspector appointed under the contract labour ..... 2 contractor is a genuine contractor who is having its own code number of esic, provident fund contribution and professional tax for its employees, who has its office at dadar, who supervises, controls and gives directions of work to its employees, take disciplinary action against its ..... has stated in para 32 that where there is no genuine contract or the contract is a sham or a camouflage to hide the reality, the concerned workmen can raise an industrial dispute for the relief that they should be deemed to be employees of the principal employer. ..... shops & establishments reported in : (1973)iillj495sc , in para 10, the apex court has referred to the decision in .....

Shri Sanjay Z. Rane, Vs. Smt. Saibai S. Dubaxi (Since Deceased Through ...

Court : Mumbai

Reported in : 2009(111)BomLR2668

..... on 30th may, 1987 there already was the maharashtra high court (hearing of writ petitions, by division bench and abolition of letters patent appeals) act, 1986 and hence as letters patent appeals were not available in maharashtra it automatically stopped also in goa as source of ..... the alternative has been recorded and relevant portion reads : he submits that assuming that they are awarded the compensation on the basis of their possession as established from 1973 onwards, the finding with respect of the ownership will affect the appellants with respect to their rights concerning the other part of the land which is not acquired. ..... attention to provisions of goa, daman and diu (administration) ordinance, 1962 which came into force from 5.3.1962 and later on became the goa, daman and diu (administration) act, 1962, it is urged that entire jurisdiction being exercised by the highest court under the portuguese regime known by name tribunal de relacao was transferred to bombay high court as ..... to provisions of order 7, rule 7 cpc, the reference court cannot grant relief to a party in excess of what has been specifically prayed for by ..... act repealed section 7 of goa, daman and diu (administration) act ..... 's court (declaration as high court) act, 1964 was then brought into force with effect from 16.12.1963 and section 8 of the said act repealed section 7 of 1962 act. ..... be in force till amended or repealed by competent legislation or other competent authority by virtue of section 5 of this act. .....

KamaruddIn N. Shaikh Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 1996(4)BomCR209; (1996)98BOMLR159

..... have replied by a letter dated 12th september, 1976 (annexure 'f') wherein it is stated that they have started the work of stone quarrying and crushing from 12th september, 1976 and not from 1st april, 1973 and the area used for quarrying the stone in the year 1974 was not exceeding 100 square metres while in the year 1975, they were using 400 square metres and in 1976, they ..... therefore, the special mamlatdar's order holding the land to be appropriated under section 4 of the salsette estate (land revenue exemption abolition) act, 1951 was justified on that count. ..... conclusion that the land was not a forest land by holding that :i) the notice dated 27th august, 1975 issued under section 35(3) of the indian forest act is invalid because :---(a) annexures 'e' and 'f' indicate that quarrying operations were carried on, on the land on the date when the act came in force;(b) no notice was given to the maharashtra land development corporation even though the document in favour of the corporation was executed on 29th march, ..... interim relief granted by this court to continue till 31st july, 1996 ..... 3415 of 1947 against dawood hajeo alimahomed haji cassum and others for administration of the estate of the deceased haji alimahomed haji cassum and for other reliefs. ..... the said suit was filed by bai fatimabai, widow of haji ahmed haji cassum for administration of the estate and for other reliefs. ..... of 1947 before this court for administration of the estate of her deceased husband and for other reliefs. .....

Rashtriya Sut Girni Mazdoor Sangh, Amravati Vs. Government of Maharash ...

Court : Mumbai

Reported in : 2001(4)BomCR339; [2002(92)FLR927]; 2002(2)MhLj448

..... by the government of india at the instance of the government of maharashtra under section 18fa(2) of the industries (development and regulation) act, 1951 and that the government of maharashtra exercised the powers conferred on it under the bombay relief undertakings (special provisions) act, 1958 and declared by its notification dated 28-1-1975 the mill as 'relief undertaking' and similar notifications were issued from time to time till 24-8-1982, when the government of maharashtra promulgated the ordinance ..... in the backdrop of these facts, shri thakur argued that since the nationalisation act of 1982 has not been repealed so far and that the said act of 1982 does not make any provision for closing down the mill, the state government had no power to close the ..... court passed winding up order in respect of the said vijay mills in the month of september, 1973 (for the sake of brevity, we shall refer to vijay mills hereinafter as 'the mill'). ..... regard to the undertakings in bombay owned by western india spinning and manufacturing company, there was a serious fire in october, 1973, destroying more than 80 per cent of the spinning machinery. ..... high court of judicature at bombay has passed winding up orders in respect of these companies in september, 1973 and january 1977, respectively. 3. ..... is no dispute that the mill ceased production and went in liquidation in the month of february, 1969 and this court passed winding up order in the month of september, 1973 in respect of the said mill. .....

Atmaram Sadashiv Dongarwar and ors. Vs. the State of Maharashtra and o ...

Court : Mumbai

Reported in : AIR1967Bom452; (1967)69BOMLR256; 1967MhLJ201

..... we will rigger to this act as the estates abolition act. ..... 'it may truly, therefore, having regard to the effect of repealing act, be said that a repealing provision is 'merely a scavenger of obsolete and useless provisions. ..... mohar singh air 1955 sc 84, where it was said:'whenever there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act will follow unless, as the section itself says, a different intention appears. ..... sections 38, 41, 45, 46 and 47 which recognized the customary rights in the proprietors and the occupancy holders, have been repealed by this provision, and therefore any rights that the petitioners had disappeared as a consequence. ..... chandurkar that the opening words 'save as otherwise provided in this act' in section 3 of the act related only to such proprietary rights as were saved by the provisions in the act and did not refer to any other rights in respect of the property. ..... the petitioners malguzars were cultivating certain portions of their land as their own farm land when the madhya pradesh abolition of proprietary rights (estates mahals and alienated lands ) act, 1950, was passed. ..... chandurkar that at least in respect of petitioners 1 to 8 we should not give any declaration of rights because a substantive suit is pending where they have claimed in the alternative the same relief as they are now claiming. .....

Arjun Ganpatrao Mahajan Vs. the Punjabrao Krishi Vidyapeeth and anr.

Court : Mumbai

Reported in : 1996(2)BomCR120

..... university, affiliated colleges and recognised institutions other than those recognised for research and specialised higher learning - (1) in accordance with the provisions of section 28 and clauses (c) and (g) of section 37 of the act and the provisions made elsewhere in the act and the statutes in this behalf the provisions of the following maharashtra civil service rules (as amended and added from time to time) applicable to the state government employees shall be applicable ..... regards the academic staff of the nagpur university, it was governed by the rules and regulations framed by the nagpur university till 1-1-1973 and thereafter from the aforesaid date by the nagpur university teachers' service and conditions of employment ordinance, 1972 which is ordinance ..... far as the teachers of the nagpur university were concerned, there was statutory provision in section 57 of the nagpur university act, 1974 for making selection and appointment of university teachers as per the recommendations of the selection committee constituted as provided therein. ..... pay-scales for the eligible academic staff in the agricultural universities for the period from 1-1-1973 to 31-3-1979 the government of india decided to extend the same pattern of pay-scale to the academic staff in the agricultural universities as recommended ..... university act, 1963, which was subsequently repealed and the new act viz. ..... fail. we can not therefore, grant relief to the petitioner that his age of retirement should be treated .....

Lokmat, Proprietors, Lokmat News Papers Ltd. Vs. Prabhakar Rambhauji C ...

Court : Mumbai

Reported in : 2003(4)BomCR391; [2003(97)FLR159]; (2003)IILLJ283Bom; 2003(1)MhLj485

..... . as i have already held that though the employees were engaged through a contractor and were covered by the contract labour (regulation and abolition) act or for that reason claimed to have been engaged as workmen by a particular establishment then the ratio in all the three cases decided by the supreme court would apply in case the establishment specifically denies ..... that the complainants filed an application to amend their complaints so as to bring on record that after the court rejected their applications for grant of minimum wages, pending disposal of the application for interim relief in the main complaints, the employer did not allow them to join their duties when they reported for duties on 1-5-1998 and this subsequent development was brought on record by claiming that the respondents could ..... 17 and by a common order passed on 29th april, 1998, the industrial court rejected their application, it is in the course of considering the case of the complainants for grant of interim relief that the petitioners (original respondents) came up with a case that the complainants are not their employees as they never worked on their establishment as peon and as no relation of employer and employee exists ..... by its order dated 29-4-1998, the industrial court rejected the application for interim relief as it came to the conclusion that the matter deserves to be considered on merits particularly in the background that the respondent has denied that any relationship of employer and employee .....

Mukand Ltd. Vs. Mukand Staff and Officers Association and ors.

Court : Mumbai

Reported in : (2000)ILLJ1583Bom

..... wherein the supreme court was concerned with the provisions of contract labour (regulation and abolition) act, 1970 after following the dimakuchi case (supra) and standard vacuum refining company's case (supra) it was held that since there is no relationship of employer-employee between the principal employer and the workmen of the contractor under the industrial disputes act, no industrial dispute can be raised by the workmen of the contract or either ..... , discharged or retrenched in connection with or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the air force act, 1950 (45 of 1950) or the army act, 1950 or the navy act 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in ..... the association thereafter moved second application before the tribunal for further interim relief which came to be partly granted by the tribunal vide order dated september 16 & 19, 1995 whereby the tribunal directed payment to certain categories of employees as set out in the award on the basis of ..... at the profit and loss account for income tax and other purposes may not be conclusive. ..... 43.55 crores and even after considering the tax benefit as claimed by the association the ..... taking into consideration the tax benefit the same is .....

Walchandnagar Industries Limited (Engineering and Foundary Division) V ...

Court : Mumbai

Reported in : 2005(6)BomCR733; (2005)107BOMLR942; (2006)IILLJ834Bom

..... easily, and to make it more workable and effective, it is no longer necessary, under the law, that the settlement should be confined to that arrived at in the course of conciliation proceeding, but now includes, by virtue of the definition in section 2(p) of the act, a written agreement between the employer and the workmen arrived at otherwise than in the course of a conciliation proceeding where such agreement has been signed by the parties in the prescribed manner and a copy thereof ..... . however, there was no complaint under the said item, and complaint was under items 1 & 4 of schedule -ii and item-5 of schedule-iv and thus the industrial court had no power to grant the relief of re-instatement and backwages needs to be mentioned only for rejection in this judgment the because of observations of the division bench of this court in the matter of r.p ..... . bukhari that the reliefs under item-1 of schedule-iv of the 1971 act have been wrongly granted by the learned single judge is hereby rejected ..... . shikalgar, who had joined the employment on 17.4.1973 is still continued in the service, and thus by retaining the juniors in the service the respondent has not followed the rule of 'last come first go' as provided in section 25-g and the retrenchment has been effected ..... during the year 1973-74, engine & foundry division received two major business orders for about 5000 pumps from bangladesh and 1536 power-looms from marathwada development corporation. .....

Jet Airways (India) Limited, a Co. and ors Vs. Mr. Subrata Roy Sahara, ...

Court : Mumbai

..... in paragraphs- 70 to 73 constitute a binding precedent even in respect of the maintainability of an appeal against an order passed in the proceedings arising out of a domestic award under part i of the 1996 act and the submissions of the learned counsel for the appellants to the effect that the said judgment of the supreme court determines the issue of only an appeal against proceedings under part-ii for new york ..... appeal shall lie to the said high court from a judgment of one judge of the said high court from a judge of any division court, pursuant to section 108 of the government of india act, made on or after the first day of february one thousand nine hundred and twenty-nine in the exercise of appellate jurisdiction in respect of a court subject to the superintendence of the said high ..... 2009 by jet in jet's execution application 180 of 2009, seeking relief to the effect that there has been no failure on the part of jet to pay the instalment on the due date and for a direction to sahara to forthwith pay/reimburse to jet an amount of rs.821/- crores, being the tax liability incurred/suffered in respect of assessment years 2004-05 and 2005 ..... for this reason the legislative intent would be clear namely that the arbitration proceedings and all proceedings arising therefrom will be governed only by the arbitration act, 1940 which has been repealed and replaced by 1996 act. ..... high court (hearing of writ petitions by division bench and abolition of letters patent appeals) act, 1986. .....