Judgment Search Results Home > Cases Phrase: shops and commercial establishments act 1961 chapter 1 preliminary Page 8 of about 2,648 results (0.130 seconds)

E.S.i.C. Vs. Indian Sewing Machine Co. Ltd.

Court : Mumbai

Reported in : 1995(1)BomCR342; (1994)96BOMLR161; (1995)IILLJ514Bom

..... referred supreme court judgment, this view of the trial court is hereby overruled. in para, 20 of its judgment, the trial court held that the expressions 'commercial establishments' and 'shops' were mutually exclusive. it is no longer possible to treat commercial establishment and shop as mutually exclusive for the purpose of employees' state insurance act. 10. if the head office of the respondent was duly covered ..... had a warehouse situate on 14, thane street, carnac bunder, bombay, employing 8 employees at the said warehouse. the establishment of the respondent known as head office was got registered by the respondent as a 'commercial establishment' under the bombay. shops and establishments act, 1948. each of the shops referred to in para 6 of application (esi) no. 27 of 1979 was separately registered as a .....

Mass Traders (P) Ltd. Vs. Appropriate Authority and ors.

Court : Karnataka

Reported in : (2005)196CTR(Kar)295; ILR2005KAR5351; [2005]277ITR294(KAR); [2005]277ITR294(Karn)

..... or more. although, a presumption of an attempt to evade tax may be raised by the appropriate authority concerned in a case where the aforesaid circumstances are established, such a presumption is rebuttable and this would necessarily imply that the concerned parties must have an opportunity to show cause as to why such a presumption should ..... plan, the property is located in zone-b and considering the width of the roads abutting the property, the permissible floor area ratio is 1.75 for commercial land. the authority further notices that the property is situated on a corner plot of land with frontage on two important wide roads, and that apparent consideration ..... the main reason that persuaded the appropriate authority to pass the pre-emptive purchase order is that the property is very advantageously located to be developed into a commercial property. for the said purpose, he relied upon various properties and said that they are comparable and do not call for any interference.23. in the .....

Airports Authority of India Chhatrapati Shivaji International Airport, ...

Court : Mumbai

..... would be upon him. h. in n.c. john v. secretary thodupuzha taluk shop and commercial establishment workers' union and ors. (1973)illj366ker , the kerala high court held: "the burden of proof being on the workmen to establish the employe-remployee relationship an adverse inference cannot be drawn against the employer that if ..... the workers who are working on contract, even for a short time, will stand automatically absorbed and become permanent, without going through the established procedure, deliberately paper arrangements contract could be entered into by recalcitrant officials and within a short period such workers would be encouraged to approach the ..... and the contractors had no such registrations and licenses. union asserted that all the ingredients for abolishing the contract labour system in the petitioners establishment, were present. accordingly, a direction was sought that the petitioner should immediately absorb all the workers mentioned in the petition and to reinstate the .....

Electronics Corporation of India Limited a Service Engineers Union Vs. ...

Court : Mumbai

Reported in : 2004(3)BomCR699; [2004(101)FLR880]; (2004)IIILLJ971Bom; 2004(4)MhLj151

..... to prove that there was no master and servant relationship between the retainers and the respondent company. in the case of n.c. john v. secretary, thodupuzha taluk shop and commercial establishment workers' union and ors. 1973 l.i.c. 398, relied on by the learned advocate for the company, the kerala high court has held that the burden of ..... proof is on the workmen to establish that the employer-employee relationship exists. similarly, the calcutta high court in the case of swapan das gupta and ors. v. the ..... was no doubt that the employees were employed by the company. he relies on the judgment in the case of silver jubilee tailoring house and ors. v. chief inspector of shops and establishments and anr., : (1973)iillj495sc , waman ganpat raut v. cadbury-fry (india) pvt. ltd. and anr. 1980 (41) f.l.r. 156, ram singh and ors. v .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... of statutory interpretation (eighthedition, 2001) while dealing with general principles of strict constructionof taxation statutes states "a taxing statute is to be strictly construed.the well-established rule in the familiar words of lord wensleydale,reaffirmed by lord halsbury and lord simonds, means : "the subject is notto be taxed without clear words ..... o. kuntze and producing green tea leavesfrom such plant, and shall include land comprised in a factory or workshopfor producing any variety of the product known commercially as 'tea' madefrom the leaves of such-plant and for housing the persons employed in thetea estate and other lands for purposes ancillary to the ..... ofland and things attached to the earth, or permanently fastened to anythingwhich is attached to the earth, but does not include crops of any kind, orhouses, shops or other buildings."land" means land which is cultivated, uncultivated covered with water anddoes not include houses or buildings. "despatch" in the said act has .....

Mahendra Kumar Vs. Omprakash and 2 ors.

Court : Madhya Pradesh

Reported in : AIR1981MP190; 1981MPLJ557

..... the aforesaid chapters wherever a particular rule or rules are not to apply to existing cinemas it is so specifically provided. had the 1972 rules not envisaged establishment of 'quasi-permanent cinemas' and only contemplated the continuance of already existing quasi-permanent cinemas, there was no purpose in referring to that category in the ..... 1979 (annexure b), thereafter on 7th june, 1979. respondent no. 1 filed an application before respondent no. 2 for grant of 'no objection certificate' for establishing a 'quasi-permanent' cinema in barwah town. this application which is exhibited as annexure c was accompanied by a map showing the location and situation of the proposed ..... petitioner, who is the son of the owner of an existing cinema at barwah has filed the petition with a mala fide intention to maintain his monopolistic commercial interest and avoid a competitor/rival in the field. the learned counsel for the respondents sought support from the decision of the supreme court in j.m. .....

Dr M. Ismail Frauqui and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1

..... the fuel which feed the flame of communal disharmony and conflict. though the indian masses would prefer harmony between various communities, it cannot be established through the accommodation 'separate but equal', nor through the submergence of minority culture into majority culture - whatever that may be...''lasting harmony between ..... more important : christianity, islam and zoroastrianism brought with them spiritual and humanistic thought harmonious and, in fact, identical to the core ideas of the established religious thought in india as exemplified by the basic beliefs of vedic, vedantic, buddhist and jain philosophy. 36. the influence of saints and holy ..... be deemed to include all assets, rights, leaseholds, powers, authority and privileges and all property, movable and immovable, including lands, buildings, structures, shops of whatever nature or other properties and all other rights and interests in, or arising out of, such properties as were immediately before the commencement of .....

Kishorbhai Khamanchand Goyal Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1996)1GLR692; (1996)IILLJ943Guj

..... by the provisions of the factories act or any other law in force regulating the conditions of service of persons employed in shops or commercial establishments. so far as the present respondent no. 1 is concerned, transport of goods is its sole concern and business and as an employer of fifteen motor ..... registered as such under section 3 of the central act. the employees of such an undertaking who may be employed in a factory or in a shop or other commercial establishment are not motor transport workers within the meaning of the definition given in section 2(h) of the act and they would continue to be governed ..... the labour court to entertain an application under that act. there was a special enactment to approach the labour court. here in the instant case, the bombay shops and establishments act does not bar the jurisdiction of the labour court to entertain an applications under the state act. therefore, that patna judgment in my opinion cannot be .....

Medical Officer Vs Dashrathsinh Gajubha Zala

Court : Gujarat

..... an employee shall be given a holiday under provisions of said act. every shops and establishments shall remain closed on one day of week. section 18 of said act provides for holidays in a week in shops and commercial establishments. every shop and commercial establishment shall remain closed on one day of week. section 24 thereof provides for holidays ..... given holiday and for that, employee is entitled for it with wages and if statutory holiday with wages is available under minimum wages rules and bombay shops and establishments act, then, that day of holiday must have to be counted and included while calculating and counting 240 days continuous service under section 25b(1 ..... daily wager and temporary employee. both type of employees are entitled for statutory weekly off and public holiday under provisions of minimum wages rules and bombay shops and establishments act and also real interpretation of section 25b(1) and (2) of id act, 1947. hence this court has considered recent decision of .....

Board of Trustees of the Port of Bombay Vs. State of Maharashtra and O ...

Court : Mumbai

Reported in : 1990(1)BomCR123; (1989)91BOMLR900; (1990)IILLJ280Bom

..... it would not burden the record if these to provisions are also reproduced verbatim. section 2(8) of the bombay shops and establishments act reads as -section 2(8) : 'establishment' means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this act ..... applies and includes such other establishment as the state government may, by notification in the official gazette, declare to be an establishment for the purposes of ..... these wings in respect of which contribution is now sought to be levied are covered by the concept of commercial establishment so as to become an establishment within the meaning of shops and establishments act and thereby so as to be transplanted into the provisions of section 4, sub-clause (iii) .....