Court : Mumbai
Reported in : 1992CriLJ3898
..... community as the rightful spiritual leader of the community validly appointed by his predecessor according to the cardinal principles of the faith. further, according to him, he established his claim to be the proper claimant and his followers came to nagpur with him being persecuted by the bigoted section of the dawoodi bohras of bombay and elsewhere ..... community viz. to preserve, foster and spread the religious faith and at the same time to help the members of the community, in their social, educational and commercial pursuits. he has then brought to our notice that as per schedule c to the said will dated 30-11-1943, all the immovable properties at nagpur and ..... assuming that jabalpur property is trust property. what is urged is that under the hindi portion of the advertisement-cum-notice in question, offers for lease of the shops in the jabalpur property in question are only invited and not offers for alienation or sale of the said property. there is thus according to the contemners no .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1982KAR622; (1982)ILLJ268Kant
..... service by giving of notice and, therefore, the petitioners cannot complain. (iv) simpliciter termination of the services of the permanent employees. in a commercial or industrial establishment is a recognised method of termination of service and such terminations have been upheld in a services of decisions and, therefore, the rule providing for ..... expression and they do not fall within the meaning of the word 'state' as defined in art. 12 of the constitution. they are purely commercial or industrial establishments. they are not discharging any governmental functions. therefore, the petitioners cannot invoke the protection of the fundamental rights and seek to enforce those rights against ..... it brings about is a pre-requisite of social justice. during the last decade, or so statutes have been passed such as the bihar shops and establishments act, 1953 which require a reasonable cause for dispensing with the services of an employee by an order of discharge simpliciter. if reasons for .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(2)AWC1212
..... was obtained personally against him in any other independent proceedings. konda lakshmana bapuji v. government of andhra pradesh and ors. : [2002]1scr651 . has been refered to establish what are the ingredients to construe 'land grabbing' being similar to 'house grabbing'. he also cited a judgment in lallu yeshwant singh (dead) by his legal representative v ..... 5. mr. shashi nandan, learned senior counsel appearing for the defendants-respondents, contended that right to occupy the premises as per the agreement is conditional for specific commercial purpose to operate a chinese cuisine restaurant under the name and style of 'yo china'. since the right of such franchise had been withdrawn, termination of occupancy ..... they were threatened by the representative/s of the respondents to remove from the occupation and in the appeal the specific grievance is that boards of the shop were removed in the night of 4/5.8.2006, a notice of termination of occupancy right was issued to them on 5.8.2006 and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP98; 2002(2)MPHT10
..... section 70 which consistsof two parts; the first part states that if there be a factory the shops and establishments act will not apply and the second part states that to such a factory 'the provisions of the factories act shall, notwithstanding anything contained in that act, ..... and therefore, were not entitled to the benefit of section 59 of that act read with section 70 of the bombay shops and establishments act, 1948. on the plain language of section 70 of the bombay shops and establishments act this contention has to fail. we are concerned not with either of the provisos but with the main provision of ..... trustees, ayurvedic and unani tibia college, delhi v. state of delhi (now delhi administration) and anr., air 1962 sc 458; state trading corporation of india ltd. v. the commercial tax officer and ors., air 1963 sc 1811 and babu verghese and ors. v. bar council of kerala and ors., air 1999 sc 1281.6. mr. rajendra tiwari, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2007)210CTR(SC)228; [2007]291ITR519(SC); 2007(8)SCALE256; (2007)6SCC329
..... had concealed the income. difficulties were found to prove the positive element required for concealment under the law prior to amendment; this positive element had to be established by the revenue. to obviate that difficulty the explanation was added. the effect of the explanation was that where the total income returned by any person was ..... was filed in the prescribed form. all the required particulars/ information were furnished. in the said report, description of the property, location thereof, whether situated in residential/commercial/mixed/industrial area, and classification thereof were shown. as regard, proximity to civic amenities, it was stated that the plot is very close to 'raj bhawan'. all ..... . on the other hand, the opinion of the registered valuer, as would appear from the report, was that he had taken into consideration the value of the shop as rs. 1525/- per sq. ft. 70. a duty may be enjoined on the assessee to make a correct disclosure of income but if such disclosure is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(3)SC136; 1995(2)SCALE401; (1995)4SCC104; (1995)2UPLBEC937
..... university act, 1923, which is the other state enactment, section 2(a) thereof defines 'affiliated college' to mean any college affiliated to the university established under the said act and providing courses of study for admission to the examination for degrees of the university. section 2(aa) defines 'approved college' to ..... 'private college' means a college maintained by an educational agency and approved by, or affiliated to, a university but does not include a college -(a) established or administered or maintained by the central government or the government or any local authority or any university; or(b) giving, providing or imparting religious instruction ..... india board of under-graduate studies in engineering and technology and postgraduate education and research in engineering and technology. the council is also empowered to establish such other boards of studies as it may think fit. these boards of studies are required to advise the executive committee of the council constituted .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)BomCR883
..... the petitioner contends that almost all pesticides, insecticides and herbicides have been proved to be dangerous to human health. the petitioner relies upon several studies to establish that pesticides lead to an increased risk of cancer, spontaneous abortion, genetic damage, infertility, liver and pancreatic damage, neuropathy, disturbances to immune systems, ..... come to the conclusion that the allegations attributing the ailments of the petitioner and the other employees to toxic exposure sustained at monsanto's establishment have not been proved. however, the commissioner explored the possibility of monsanto paying exgratia to its former employees on what were termed as ..... standards on the subject. recourse to mediation and conciliation can gainfully be pursued beyond its traditional applications to private disputes of a civil or commercial nature. as this case would demonstrate, matters involving public interest and the enforcement of human rights norms with a socio economic content can .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478
..... that the act, which is a consolidating and amending act, is put on the statute book to regulate conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places of public amusement and entertainment and also other esta-'blishments. section 2 gives ..... petitioner is not a person either owning or having an ultimate control over a shop. what an establishment means is defined specifically in section 2(8) of the act. that definition is as follows:''establishment' means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement ..... , theatre or other place of public amusement or entertainment.'the above definition, according to the petitioner, includes several categories such as shops, commercial establishment, residential hotels, restaurants, eating houses, theatres and other places of public amusement or entertainment. it is not the contention of the .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]67CompCas453a(Kar); 1989(3)KarLJ473; (1990)ILLJ227Kant
..... expression and the definitions of the expressions 'shop' and 'commercial establishment' in sections 2(u) and 2(e) respectively. under section 2(i) 'establishment' means a 'shop' or a 'commercial establishment'. the expression is the general one which takes in both shop and commercial establishment. section 2(u) defines 'shop' as follows : 'shop' means any premises where any trade ..... is analogous to the office of lawyers and that the office of the chartered accountants would not come within the expressions either of 'shop' or of 'commercial establishment' as defined under sections 2(u) and 2(e) of the act of 1961. thereafter the respondent lodged a complaint against the ..... (respondent herein) inspected the office of the firm. he noticed several contraventions of the provisions of the act of 1961 and of the karnataka shops and commercial establishments rules, 1963 ('the rules' for short) by the firm during the course of inspection. the particulars and details of the contraventions are stated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349
..... authority the contractor who undertakes to produce a given result would be creating a status of government servant by selecting any appointing persons for a particular establishment/undertaking. such a consequence will obliterate the constitutional scheme in relation to government employment resulting in uncontemplated and unimaginative liabilities in financial terms. he ..... dismissed the appeal. on further appeal to this court, it was held that the word 'control' was required to be interpreted in the changing commercial scenario broadly in keeping with the constitutional goals and perspectives; the interpretation must be based on some rational and relevant principles and that the public ..... however, clarified that an inference that the corporation was the agent of the government might be drawn where it was performing in substance governmental and not commercial functions. it must be mentioned here that in the light of the judgments of this court, referred to above, it is difficult to agree .....
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