Court : Mumbai Nagpur
..... 10. learned counsel for the appellant-corporation has brought to our notice office memorandum dated 21.11.2003 by which the prayer to engage a legal practitioner to act as a defence assistant was rejected. reference was made to the rules, though no specific reference has been made to the discretion available to be exercised in ..... s case (supra), ahmadi, j. (as he then was) in the context of section 22(ii) of the maharashtra recognition of trade unions and unfair labour practices act, 1971, as also in the context of domestic enquiry, upheld the statutory restrictions imposed on delinquent's choice of representation in the domestic enquiry through an agent. 33. ..... are not enquiries in a court of law. it is necessary to remember also that in these enquiries, fairly simple questions of fact as to whether certain acts of misconduct were committed by a workman or not only fall to be considered, and straightforward questioning which a person of fair intelligence and knowledge of conditions .....
Tag this Judgment!Court : Mumbai Nagpur
..... a year, the employee concerned does not become entitled for regularisation of his services and/or permanent status. their lordships have held that under the industrial disputes act, the concept of 240 days was introduced so as to fasten statutory liabilities upon the employer to pay compensation to be computed in the manner specified in ..... before the industrial court contending that the employer had committed an unfair labour practice within the meaning of item 6 of schedule iv of mrtu and pulp act. the complaint was dismissed by the learned industrial court. a writ petition challenging the same and the letters patent appeal were respectively dismissed by the learned ..... court and the learned single judge. 15. for appreciating the rival contentions, it will be appropriate to refer to section 2(oo) and section 25f of the id act:- "2. (oo) "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by .....
Tag this Judgment!Court : Mumbai Nagpur
..... made out and reliefs as claimed cannot be granted. 10. the questions of law sought to be raised by the appellant in this appeal under section 130 of the customs act, 1962, are as under : (i) whether the customs, excise and service tax appellate tribunal was right in relying upon the contents of board's circular no.4/2004-cus dated ..... b.p. dharmadhikari, j. 1. the appellant assessee has filed this appeal under section 130 of the customs act, 1962, assailing the order dated 12.05.2014 passed by respondent no. 1 the customs, excise and service tax appellate tribunal (cestat) and seeking conversion of shipping bill under deec .....
Tag this Judgment!Court : Mumbai Nagpur
..... industrial establishment had certified standing orders prior to 15.1.1959 i.e. prior to coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957. as such no error could be noticed with the finding of the learned single judge that since there were no preexisting certified standing orders in respect ..... the industrial establishment had certified standing orders prior to 15.1.1959 i.e. the coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957." it could thus be clearly seen that the larger bench has in unequivocal terms has held that clause 4-c which was in the model standing ..... also contended that to certain section of workmen the appellant-employer has not been paying the minimum wages in accordance with the provisions of the minimum wages act. it was submitted that though the complainant had approached the appellant-employer on various occasions for permanency and payment of the minimum wages, the same went unheard .....
Tag this Judgment!Court : Mumbai Nagpur
..... not accept the audit objection and later on acted under the dictate of superior authorities. in (2007) 209 ctr (bom) 1 (il and fs investment managers ltd vs income tax officers and ors), the ..... where the assessment officer relied exclusively on audit objection in absence of tangible material cannot be accepted. the jurisdictional condition under section 147 of the said act is the formation of belief by the assessment officer that income chargeable to tax has escaped assessment. in the present matter, the assessment officer expressly did ..... several judgments including the judgment of hon ble apex court and held that the reopening was not permissible as notice under section 148 of the said act was based only on the audit objection. the appellate authority has specifically found that in later order the assessment officer proceeded under wrong impression that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... also mentioned earlier by us. if any procedure in this respect is prescribed or is being followed consistently, the concerned deputy commissioner of police could not have acted upon the unverified in-camera statements. no arguments are advanced to urge that the production of such in-camera statements before the deputy commissioner of police is insufficient ..... mentioning the chart, in which the alleged offences are narrated in paragraph no.2, there is a sentence which mentions that the petitioner has indulged into several similar acts as are described in the charts mentioned in order. thus, the effort is to point out that apart from the instances mentioned in the chart, there are ..... 1. in all these matters, the orders of externment passed by the respective deputy commissioner of police, amravati and nagpur, under section 56(b) of the bombay police act, 1951, are in question. 2. in writ petition no.693 of 2015, the impugned order is dated 13-02-2014 and it is passed by the deputy commissioner .....
Tag this Judgment!Court : Mumbai Nagpur
..... the statutory liability of the insurer visavis the purport and object sought to be achieved by a beneficent legislation before a forum constituted under the motor vehicles act and enforcement of a contract qua contract before a consumer forum. 16. different considerations would arise in a case of this nature, as the consumer forum ..... which he was driving. the question which arises for consideration is that the deceased himself being negligent, the claim petition under section 166 of the motor vehicles act, 1988 would be maintainable. 11. liability of the insurer company is to the extent of indemnification of the insured against the respondent or an injured person, ..... others reported in 2007 (9) scc 263, was considering a question whether the deceased himself being negligent, the claim petition under section 166 of the motor vehicles act, would be maintainable. paragraphs 10 and 11 of the said decision being relevant are reproduced below: 10. the deceased was the owner of the vehicle. for the .....
Tag this Judgment!Court : Mumbai Nagpur
..... litigant to make a grievance not because he has suffered any regal prejudice that needs to be redressed but only because the fortuitous circumstance of a repeal act tempted him to raise the issue regarding his dispossession being in violation of the prescribed procedure. 13......... in the case at hand if the appellant's ..... wherein their lordships of the apex court have laid down certain guiding principles for taking possession of the land when the land is acquired under the old act. learned counsel is also right in contending that what is least required is taking possession by preparing appropriate documents in the presence of independent witnesses and getting ..... lapsed in view of provisions of section 24 (2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (the new act) (hereinafter referred to as the act of 2013 ?). 3. since the facts as well as the question of law involved in both the petitions are identical, both are heard .....
Tag this Judgment!Court : Mumbai Nagpur
..... under the state stamp law, by following the detailed procedure laid down under the relevant rules, and are published in the state gazette. such state stamp acts and the rules thereunder, provide for scientific and methodical assessment of market value in different areas by expert committees. these statutes provide that such committees will ..... the reference court has to determine the market value of the land under acquisition as contemplated by sub-section (1) of section 23 of the land acquisition act. 9. undisputedly, in the present case, it is neither the method of capitalization of income nor the method of sale instances has been adopted for determining ..... said that the appellant corporation is not a person aggrieved by enhancement of the award. the preliminary objection is, therefore, rejected. 8. section 33 of the said act deals with the compensation and sub-section (5) therein being relevant, are reproduced below ; 33(5) in determining the amount of compensation, the collector shall .....
Tag this Judgment!Court : Mumbai Nagpur
..... ) 66 taxman 411 (gujarat) (commissioner of income tax .vrs. sorabji nusserwanji parekh), which considers provision exemption in section 10[22] of the 1961 act. as per that provision any income of university or other educational institution existing solely for educational purposes and not for the purpose of profit, cannot be ..... impugned order overlook the fact that earlier approval was granted by recognizing petitioner institute as 'other institute' falling under section 35[1][ii] of the act, and reasons recorded in the impugned order are therefore, unsustainable. students registered with nagpur university and a deemed university perform research work in the petitioner ..... as also hospital activities on the donations received from general donors. it is recognized as a charitable and research institute under section 80g income tax act and donors are entitled to claim deductions accordingly. it does not get any assistance directly or indirectly from the government. it received donation of about .....
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