Judgment Search Results Home > Cases Phrase: rehabilitation finance administration act 1948 Court: mumbai Page 1 of about 343 results (0.094 seconds)

Jai Ganesh SRA CHS (Prop.) and Another Vs. State of Maharashtra and Ot ...

Court : Mumbai

..... i say that the slum rehabilitation authority carries out its functions through different operating departments, such as planning and implementation, building permission and supervision, eligibility, certification, registration of co-operative housing societies, land management, community development, accounts and finance, general administration etc. ..... to have been affected by the bombay tenancy and agricultural lands (amendment) act, 1952, or by the amending act, 1955, notwithstanding the fact that either of the said act has been made applicable to the area in which such ..... corporation constituted under bombay provincial municipal corporations act, 1949, (c) a municipal borough constituted under the bombay municipal boroughs act, 1925, (d) a municipal district constituted under the bombay district municipal act, 1901, (e) a cantonment, or (f) any area included in a town planning scheme under the bombay town planning act, 1954: provided that if any person has acquired any right as a tenant under this act on or after the 28th december, 1948, the said right shall not be deemed .....

Modistone Limited Vs. Modistone Employeers' Union and Anr.

Court : Mumbai

Reported in : 2001(2)ALLMR607; 2001(3)BomCR436; (2001)2BOMLR851; [2001(89)FLR867]; (2001)ILLJ1598Bom

..... may be directed to expedite the hearing and sanction the proposal for rehabilitation without any delay to enable the company to lift the lock-out in accordance with the sanctioned proposal of ..... in the first case, the union representative entered in the cabin of the manager (accounts & finance) in a threatening manner and asked him to make arrangement for canteen provision as he has allowed the material belonging ..... appropriate remedy for the union and the petitioner was to raise an industrial dispute under section 10(1) of the act for determination of the issue that the lockout was not justified, and therefore, claim wages for the relevant ..... thus total break down by thecompany's administrative machinery and control of the factory. ..... is one proposal for rehabilitation submitted to the operating ..... the cases cited above would show that whenever the court found that the company has acted illegally or violated any provisions of law or given reason which is not existent or not germane or irrelevant to employer-employee relationship, it was held that item 9 of schedule iv was ..... is submitted that the company due to its sickness and total financial inability is not in a position to lift the lockout without receiving duly sanctioned rehabilitation proposal from the b.i.f.r. ..... necessary to have physical assault by the workmen on the supervisor and administrative staff. ..... , the learned single judge held that there was no physical assault on any of the supervisor and managerial/administrative personnel. .....

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Reported in : 2008(6)BomCR340

..... rd act or rules made thereunder shall be in addition to, and not in derogation of the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984, the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, ..... has been intended but what has been said.once the provisions of law clearly specify that the overriding effect provided under sub-section (1) of section 34 of the rd act would not prohibit the banks and financial institutions from taking resort to the provisions of the statutes specified under sub-section (2) of section 34, it would mean that all other ..... 30 deals with appeal against the order of recovery officer and provides that notwithstanding anything contained in section 29, any person aggrieved by an order of the recovery officer made under the said act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the tribunal and on receipt of appeal, the tribunal may ..... word 'courts' is used to designate those tribunals which are set up in an organised state for the administration of justice.by 'courts' is meant courts of civil judicature and by 'tribunals', those bodies of men ..... characteristic both the courts and the tribunals are 'constituted by the state and are invested with judicial as distinguished from purely administrative or executive functions'... .....

Deepak Cochhar and anr. Vs. Indusind Bank Ltd.

Court : Mumbai

Reported in : 2006(3)BomCR520; 2006(4)MhLj194

..... act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986).the provisions of section 34(1) clearly state that the rdb act ..... and, therefore, the high court, in our opinion was right in rejecting the application.the supreme court while dealing with the arbitration proceedings vice versa winding up proceedings under the companies act has come to the conclusion that the proceedings of winding up is a proceeding in rem and not for the recovery of any debt and it has been held that such a ..... an order of adjudication, the property of the insolvent wherever situate shall vest in the official assignee and shall become divisible among his creditors, and thereafter, except as directed by the act, no creditor to whom the insolvent is indebted in respect of any debt provable in insolvency shall, during the pendency of the insolvency proceedings, have any remedy against the property of ..... in the former, an adjudication of the debtor as insolvent is sought as preliminary to the vesting of all his estate and the administration of it by the official receiver o the official assignee, as the case may be, for the benefit of all the creditors; but in the latter, the money .....

Hill Properties Ltd. the Companies Act, 1956 Vs. Union Bank of India U ...

Court : Mumbai

Reported in : 2009(111)BomLR4550

..... act or the rules made there under shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act,1984 (62 of 1984), the sick industrial companies (special provision) act, 1985 (1 of 1986) and the small industries development bank of india act ..... observed as under:in short 'as far as practicable' means, not interfering with the ratio which fulfils the interest of administration, but flexible provision clothing government with powers to meet special situations where the normal process of the government resolution cannot ..... other court or authority much less the civil court or the company court can go into the said questions relating to the liability and the recovery except as provided in the act.thus the adjudication of liability and the recovery of the amount by execution of certificate are respectively within the exclusive jurisdiction of the tribunal and the recovery officer and no other ..... a civil court to review the correctness of the decision of the debt recovery tribunal.the learned counsel has also taken us through the statement of objects and reasons of the rdb act 1993 and the amendment act of 1991 and placed reliance on the judgment in allahabad bank (supra) to contend that the jurisdiction of the civil court is clearly excluded.it is next submitted that the arguments advanced .....

Southern Petrochemicals Industries Corporation Limited Vs. Administrat ...

Court : Mumbai

Reported in : AIR2005Bom65; I(2005)BC557; 2004(6)BomCR557; [2005]127CompCas920(Bom); 2005(1)MhLj813

..... of india limited, a company formed and registered under the indian companies act, 1913 (7 of 1913);(ii) the industrial finance corporation of india, established under section 3 of the industrial finance corporation act, 1948 (15 of 1948);(iii) the industrial development bank of india, established under section 3 of the industrial development bank of india act, 1964 (18 of 1964);(iv) the life insurance corporation of india, established under section 3 of the life insurance corporation act, 1956 (31 of 1956);(v) the unit trust of india, established under section 3 of the ..... , regulation or notification by specified company or administrator in place of trust ---- in every act, rule, regulation or notification in force on the appointed day for the words 'unit trust of india', wherever they occur, the words, brackets and figures 'specified company referred to in the unit trust of india (transfer of undertaking and repeal) act, 2002 or 'administrator of the specified undertaking of the unit trust of india referred to in the unit trust of india (transfer of undertaking and repeal) act, 2002', as the case may ..... 1 that under section 6(h) of banking regulation act undertaking and executing trusts and section 6(1) thereof undertaking and administration of estates as executor, trustees or otherwise is a permissible business for the banking companies. ..... , administrator of the specified undertaking of the unit trust of india and uti trustee company. .....

National Building Construction Corporation Limited Vs. Shri Ram Pal Si ...

Court : Mumbai

Reported in : 1998(1)BomCR427

..... labour board established under section 5-a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948 (15 of 1948), or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state board of trustees constituted under ..... section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the ..... it is axiomatic, whether or not industry is controlled by government or public corporations by statutory form or administrative clutch or private agents, juristic persons, corporation whole or corporation sole, their constitution, control and working would also be subject to the same constitutional limitations in .....

National Building Construction Corporation Ltd. Vs. Ram Pal Singh and ...

Court : Mumbai

Reported in : 1997(4)ALLMR285

..... labour board established under section 5-a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948 (15 of 1948), or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3-a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees constituted under ..... section 5-a and section 5-b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the ..... it is axiomatic, whether or not industry is controlled by government or public corporations by statutory form or administrative clutch or private agents, juristic persons, corporation whole or corporation sole, their constitution, control and working would also be subject to the same constitutional limitations .....

Narendra Kantilal Shah Vs. Joint Registrar, Co-operative Societies (Ap ...

Court : Mumbai

Reported in : AIR2004Bom166; 2004(1)ALLMR798; II(2004)BC585; 2004(1)BomCR707; 2004(1)MhLj704

..... be a addition to, and nor in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) (the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989).section 34, thus, gives over-riding effect to the provisions of the 1993 act on any other law for the time being ..... , or the liquidator of such a society (or de-registered society or the official assignee of such a de-registered society)101(1) notwithstanding anything contained in sections 91, 93 and 98, on an application made by a resource society undertaking the financing of crop and seasonal finance as defined under the bombay agricultural debtors relief act, 1947 (or advancing loans for other agricultural purposes repayable during a period of not less than eighteen months and not more than five years) for the recovery of arrears ..... high court and the guwahati high court have held that the source of the power of parliament to enact a law relating to the establishment of the debts recovery tribunal is entry 11-a of list iii which pertains to 'administration of justice; constitution and organisation of all courts, except the supreme court and the high courts'. ..... law, in the administration of which the bench and the bar are partners, probably lives up to this reputation .....

Bank of India Vs. Harshadrai Odhavji Mody and Central Bank of India

Court : Mumbai

Reported in : AIR2002Bom449; 2002(3)ALLMR1; 2002(5)BomCR228; [2003]115CompCas86(Bom); 2002(3)MhLj723

..... act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act ..... act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948 ..... other court or authority much less the civil court or the company court can go into the said questions relating to the liability and the recovery except as provided in the act'the supreme court has further observed that all such applications including application for execution shall stand transferred to the tribunal and will have to be disposed of in the same manner ..... recovery tribunal when the defendant erroneously made an application for speaking to the minutes of an administrative order by which all matters filed by bank and financial institutions were being transferred to the ..... by the code of civil procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the tribunal and the appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. .....