Judgment Search Results Home > Cases Phrase: salary allowances and pension of members of parliament amendment act 2003 Court: mumbai Page 1 of about 8 results (0.185 seconds)

Chandrakant Uttam Chodankar Vs. Dayanand Rayu Mandrekar and ors.

Court : Mumbai

Reported in : AIR2006Bom16; 2006(2)ALLMR707; 2006(1)MhLj676

..... explanation: for the purpose of the aforesaid entries -(i) 'compensatory allowance' means any sum of money payable to the holder of an office by way of daily allowance, such allowance not exceeding the amount of daily allowance to which a member of the legislative assembly is entitled under the goa, daman and diu salary, allowance and pension of the members of the legislative assembly act, 1964 (2 of 1965), any conveyance allowance, house rent allowance, or travelling allowance for the purpose of enabling him to recoup any expenditure ..... that notwithstanding anything contained in sub-rules (1) and (2), the chairman, vice-chairman or any other member of the board, who is also a member of parliament or of the legislature of a state or union territory, shall not be entitled to any remuneration other than compensatory allowances as defined in clause (a) of section 2 of the parliament of prevention of disqualification act, 1959 or as the case may be other than the allowances, if any, which a member of the legislature of the state or union ..... or the union territory of daman and diu of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modification so made until altered, repealed or amended by a competent legislature or other .....

Madhu Deolekar and anr. Vs. Commissioner, Bombay Municipal Corporation

Court : Mumbai

Reported in : 1992(2)BomCR201; (1992)94BOMLR740

..... quite often, it could be even risky to sit between two stools.in one sense, a member of parliament has been almost made 'a slave to his constituency' earl kilmuir felt it to be a ..... a member of parliament, in such circumstances, may not be able to do justice to his local ward and its daily needs, while they are decided upon by the administration or discussed in ..... member of parliament has to face high exactions on his time and ..... that, however, is an indication about an exaction made on a member of parliament.as regards, a leader of the house, it was observed :they physical task alone is sufficient to shatter the health of any man who is not ..... the municipal corporations (amendment) acts of 1991, extended the term to 31-12-191 and later to 30t june ..... suspected that once the current elections are over, the executive may not care to face the legislature for replacing the ordinance with an act and may allow the ordinance to lapse once the purpose is accomplished in the intervening period. ..... the recent legislative measures increasing the salary and perquisites (including pension) of the elected representatives of people, to throw light on a virtual full time employment of such persons, rendering their position almost the same as busy ..... provisional figures also were allowed to be used, provided, of course, they ..... the word is missing it is open to the executive to allow the ordinance to lapse. ..... even if it is not allowed to lapse, the legislature could modify it in the manner ultimately resolved upon .....

Sadashiv Krishna Sutar Vs. State of Maharashtra

Court : Mumbai

..... the salary, allowances and pension of members of parliament act, 1954, specified that a member of parliament was entitled to receive a salary per mensem "during the whole of his term of office" and an allowance per day "during any period of residence on duty" . ..... having regard to the fact that the minister had made a representation to parliament when the bill was being moved that it did not cover members of parliament and the state legislature, it could not be argued on behalf of the union government, by reason of the principle of promissory estoppel, that the said act covered members of parliament and the state legislatures. ..... 21) the question, therefore, would be as to whether the provisions of the banking regulation act which were introduced by the banking regulation (amendment) and miscellaneous provisions act, 2004 (24 of 2004) amending some of the provisions bringing into its sweep regulating control over societies which transact banking business, are attracted in the case in hand. ..... sagar thomas, air 2003 sc 4325 in paragraphs 28 and 31 the apex court observed thus: 28. ..... sagar thomas, reported in 2003 (10) scc 733 rulings of the bombay high court: 1. .....

C. Gupta Vs. Glaxo Smithkline Pharmaceutical Ltd.

Court : Mumbai

Reported in : 2004(2)BomCR575; [2004(101)FLR1109]; (2004)ILLJ952Bom

..... be seen that the industrial disputes (amendment) act, 1984 was enacted by parliament on august 31, 1982. ..... although the apex court has held that the amendment would be prospective if it is deemed to have come into effect on a particular day a provision in the amendment act to the effect that amendment would become operative in the future, would have ..... by an award passed by the presiding officer, first labour court, bombay on october 31, 1994, for the reasons stated therein, the claim of the appellant was allowed and he was directed to be reinstated in service with continuity in service w.e.f. ..... the terms and conditions of appointment were contained in this appointment letter the exact nature of duties and functions to be performed were not laid down therein.clause 17 of the appointment letter provided for termination of the appointment and was in the following terms: 'the company may, at any time and without assigning any reason, terminate this appointment upon giving not less than three months' notice in writing or salary in lieu ..... this letter mentioned that the appellant would be a member of the management staff in grade ii-a and that the appointment would take effect from the date of the appellant joining the company, which was required to be earlier than june ..... he admitted that he was covered under the pension scheme which did not apply to the workers coming under ..... he was entitled to and enjoyed several perquisites like holiday scheme, pension benefit, use of management staff .....

Sandeep Dwellers Pvt. Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2006(6)ALLMR736; 2007(3)BomCR898

..... & appeal powers relied upon by advocate thakur are also not relevant, section 19-a is substituted by sections 20, 21 and 22 vide amending act 33 of 1988 with effect from 1/7/1997. ..... the factory or other establishment, every employee employed in or in connection with the work of the factory or establishment, other than an excluded employee, who has not become a member already, shall also be entitled and required to become a member from the beginning of the month following that in which he completes six months continuous service or has actually worked for not less than 60 days within the period of three months ..... clearly states that the pay required to be considered is a monthly pay and it also defines pay to include basic wages with dearness allowance, retaining allowance and cash value for concessions. ..... why the 'removal of difficulty clause' once frowned upon and nicknamed as henry viii clause in scornful commemoration of the absolutist ways in which that english king got the 'difficulties' in enforcing his autocratic will removed through the instrumentality of a servile parliament, now finds acceptance as a practical necessity in several indian ..... or effect of ceiling on their salary can also be gone into in ..... that payment of even contribution of one day in the month is sufficient to enable claimant to claim pension under 1995 scheme. ..... in writ petition number 1079/ 2003 found that petition directly filed was premature and invites attention to its order dated 11 june 2003 in this respect. .....

Vishwanath Namdeo Patil and Others Vs. the Official Liquidator of M/S ...

Court : Mumbai

..... for the period october 2000 to 05/09/2005, which they would have been entitled to had the undertaking not been closed down, (including all increments on basis wage and periodic enhancement of variable dearness allowance), house rent allowance, educational allowance, and all other allowances, and bonus @ 8.33%, with interest commercial rate on all of the above should there be surplus, minus the advance amounts paid earlier by the official liquidator; (c) for an order of this hon'ble court, directing ..... the statement of objects and reasons of the amending act of 1985 makes the position clear. ..... - retrenchment compensation, notice pay, leave salary, arrears of salary is computed with reference to total (last drawn) salary including hra and lump sum allowance. ..... the parliament has chosen not to restrict the term wage by any definition under section 529 a. ..... (b) section 2(rr) of the id act, 1947 defines the term wages specifically excludes any pension or provident fund as well as gratuity payable to the workmen. ..... the government of india, therefore, appointed a committee of members from various fields for a comprehensive review of the indian companies act 1913. ..... on 13 december 2003, the rmms filed a claim on behalf of the employees with the official liquidator. ..... the sale was confirmed on 17 september, 2003. .....

Sunanda Bhimrao Chaware and Others Vs. the High Court of Judicature at ...

Court : Mumbai

..... allowance and other allowances; (iv) the candidate would be subject to the rules applicable to officers on the establishment of the state government in group-a and all the service rules would apply; and ..... amending act of the legislature is struck down for want of legislative competence or on the ground that it is violative of the fundamental rights in part-iii of the constitution, it would be unenforceable in view of article 13(2) and the old act ..... act, 1986, parliament was cognizant of the distinction between a contract of service and contract for service and ..... prosecutions and is ..... and ..... salaried employment to enroll as a member of the bar, the supreme court held that there would be no entitlement to practice: it is an admitted position that no rules were framed by the respondent entitling a law officer appointed as a full time salaried ..... amended ..... and in computing the period ..... and ..... act and the rules framed thereunder, a law officer (public prosecutor or government counsel) would continue to be an advocate and ..... and ..... and while computing the period of 7 years, the period during which the candidate has practised as an advocate shall be included: provided that a full time salaried ..... and ..... salaried employees; (iii) not every law officer but only a person who is designated as law officer by the terms of his appointment and who by the said terms is required to act and ..... and ..... 2003 decided on 18 may 2009)the appellants were holding regular posts of assistant public prosecutors and public prosecutors and were members .....

Sunanda Bhimrao Chaware and Others Vs. the High Court of Judicature at ...

Court : Mumbai

..... allowance and other allowances; (iv) the candidate would be subject to the rules applicable to officers on the establishment of the state government in group-a and all the service rules would apply; and ..... amending act of the legislature is struck down for want of legislative competence or on the ground that it is violative of the fundamental rights in part-iii of the constitution, it would be unenforceable in view of article 13(2) and the old act ..... act, 1986, parliament was cognizant of the distinction between a contract of service and contract for service and ..... prosecutions and is ..... and ..... salaried employment to enroll as a member of the bar, the supreme court held that there would be no entitlement to practice: it is an admitted position that no rules were framed by the respondent entitling a law officer appointed as a full time salaried ..... amended ..... and in computing the period ..... and ..... act and the rules framed thereunder, a law officer (public prosecutor or government counsel) would continue to be an advocate and ..... and ..... and while computing the period of 7 years, the period during which the candidate has practised as an advocate shall be included: provided that a full time salaried ..... and ..... salaried employees; (iii) not every law officer but only a person who is designated as law officer by the terms of his appointment and who by the said terms is required to act and ..... and ..... 2003 decided on 18 may 2009)the appellants were holding regular posts of assistant public prosecutors and public prosecutors and were members .....

The Icici Ltd. Vs. Dy. Cit, Special Range 36

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... first mentioned person), the assets were at any time used by any other person (hereinafter referred to as the second person) for the purposes of his business or profession and depreciation allowance has been claimed in respect of such assets in the cases of the second mentioned person and such person acquires on lease, hire or otherwise assets from the first mentioned, then, notwithstanding anything contained in explanation 3, the actual cost of the transferred assets, in the case ..... valilappan (170 itr 238) the amendment made to the income-tax act to enable the assessing authority to refuse to recognize partial partitions of hindu undivided families was challenged and the revenue relied on mcdowell before the madras high court. ..... be seen from the chronology that even before the advertisements were issued in the newspapers inviting offers for obtaining leasing finance, a decision had been taken to enter into the slb transaction with the members of the syndicate led by kotak mahindra, of which the assessee was one. ..... to the conclusion that it was the bona fide real transaction between the parties, intended by both sides to operate according to its tenor, there is no mode that i know of holding it illegal unless you find it prohibited by some act of parliament or void by reason of some principles of law." 36. ..... the creditor being a pension scheme was exempt from tax and so the tax deducted from the interest paid by the company was finally reclaimed. .....

Mid East Port Folio Management Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)87ITD537(Mum.)

..... but where the parties show undue interest in ensuring that the asset which is to be sold and leased back is one which enjoys 100 per cent depreciation allowance under the act, it would raise doubt as to the motive of the parties.the act and the rules provide for depreciation allowance at 100 per cent of the cost/written-down value of energy-saving devices, pollution-control devices, waste-control or management devices, etc ..... it will be seen that chronology that even before the advertisements were issued in the newspapers inviting offers for obtaining leasing finance, a decision had been taken to enter into the slb transaction with the members of the syndicate led by kotak mahindra, of which the assessee was one.thus, the advertisement in the newspaper would only appear to be a mere formality or a ritual that was gone through in ..... after the judgment of the supreme court, the relevant distillery rules were amended to provide that the excise duty paid by the purchaser of the liquor is includible in the turnover.consequent to the amendment, notices were issued by the sto to the company proposing to include such ..... was the bona fide real transaction between the parties, intended by both sides to operate according to its tenor, there is no mode that i know of holding it illegal unless you find it prohibited by some act of parliament or void by reason of some principles of law." 36. ..... the creditor being a pension scheme was exempt from tax and so the tax deducted from the interest paid by .....