Court : Mumbai
Reported in : 2006(5)BomCR824; [2006(111)FLR938]
..... is an appeal by employer challenging partial rejection by the industrial court at akola of his application objecting to recovery of dues sought by employees state insurance corporation (esic). according to the employer the appeal involves substantial question of failure of the industrial court to consider important evidence which has a direct bearing ..... in dilbagrai v. sharad chandra (supra) which the supreme court was considering.13. as regards two licences received by the employer from the state transport corporation, suffice it to observe that two licences do not result in splitting up of the appellant's establishment in two parts. one establishment may ..... licences of running a canteen as well as hawking his wares at the s.t. stand. the employees state insurance corporation informed the appellant that his establishment was covered by the provisions of employees state insurance act from may, 1986, to october, 1989 also and demanded recovery of contribution with interest and damages .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR873
..... the finding recorded in para (17) reads thus:17. a division bench of the bombay high court following the judgment of this court in air india statutory corporation v. united labour union : (1997)illj1113sc case had directed the appellant to absorb the contract labour but the constitution bench judgment in view of the overruling ..... law. the learned single judge held that the writ petitioners being the contract labours were not the employees of the corporation within the meaning of section 2(13)(a) read with clause (e) of section 2(14 ..... corporation was engaged. reliance was placed on entries 22, 23 and 24 of the concurrent list of schedule vii of the constitution of india and the contention canvassed before the learned single judge was that once legislation is passed by the parliament in respect of any field covered under the concurrent list, same would have preference over the state .....
Tag this Judgment!Court : Karnataka
Reported in : [1979]49CompCas931(Kar); (1979)IILLJ176aKant
..... under art. 226 of the constitution. such a question came up for consideration before a full bench of this court in a. j. aramha v. mysore state road transport corporation [1974] 1 mys lj 344. the full bench after considering the judgment of the supreme court in sirsi municipality v. c.k.f. tellis, : ( ..... the meaning of article 12. authorities envisaged in article 12 are described as instrumentalities of state action. on behalf of the state it was contended that the oil and natural gas commission as well as the industrial finance corporation was not granted immunity from taxation and therefore the liability to be taxed would indicate that ..... to one thousand rupees or with both. the corporation also enjoys protection of action taken under the act. 66. the industrial finance corporation act states that whoever in any bill of landing, warehouse receipt or other instrument given to the corporation whereby security is given to the corporation for accommodation granted by it, wilfully makes any .....
Tag this Judgment!Court : Mumbai
Reported in : [2006]7SOT164(NULL)
..... of the investee companies had resulted in. in other words, the assessee- company had not reduced its own share capital, but the third parties who were different corporate entities and regularly assessed to tax independently, effected the reduction in the value of their equity shares. thereafter, the board of directors of the amalgamating companies have ..... . the hon'ble bombay high court approved the scheme of reduction of share capital as well as the amalgamation of the companies on different dates as already stated elsewhere in this order. the board of directors of all these companies have followed all the prescribed procedures under section 101(2) of the companies act to ..... synchem chemicals with effect from the appointed date, i.e., 1-3-2000. in the computation of total income filed with the return. the assessee-company had stated that in view of the decisions of the supreme court in the cases of anarkali sarabhai, kartikeya sarabhai and g. narasimhan (all cited supra) the capital gain .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj940
..... colleges though the the government of maharashtra runs other 11 government medical colleges and there are 4 medical colleges run by the municipal corporations of mumbai and thane and fully aided by the state government. these reservations are set out in rule 5.5.5 to 5.5.7 and the distribution of seats at these three ..... , which is a special reservation as recognized in a catena of decisions by the apex court, the state government was required to quantify the number of seats in each government run and corporation run medical colleges all over the state of maharashtra and failure to do so is in breach of the spirit of the decision in the ..... only three colleges when there are in all 14 government medical colleges and 4 government assisted municipal corporations' medical collages,(d) the reservations so provided for the ha category ought to allow the students of this category to compete in the 30 % state level and 70 % regional level quota on merits on par with opportunities available to the .....
Tag this Judgment!Court : Karnataka
Reported in : [1972]86ITR814(KAR); [1972]86ITR814(Karn)
..... proposal made above will be confirmed. adjournments will not be given under any circumstances. sd. agricultural income-tax officer,tumkur circle, tumkur.tosri c. t. rajagopals/o. c. thimmappa landlord,playa village, bheemasamudra,chitradurga taluk.' 3. it is relevant to state at this stage that under the said notices the assessee was not called upon to file ..... far as may be, apply accordingly as if the notice were a notice issued under that sub-section......' (provisos omitted as unnecessary) 5. section 36 requires the agricultural income-tax officer to serve a notice on the assessee containing all or any of the requirements which may be included in a notice under sub-section (2) ..... file his objections to the proposed reassessment. 6. the issue of a notice under section 36 is a condition precedent to the validity of the assessment on agricultural income which has escaped assessment or has been under-assessed in the assessment year, and if no such notice is issued or if the notice issued is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1240; 1992(3)KarLJ501
..... revenue officer from an anterior time, i.e., from 1986. in that writ petition where the present respondent-2 was the petitioner, he arrayed as respondents the corporation and the state government only, as has been indicated by us already. as seen from the order made in the writ petition (produced as annexure-3), he had sought therein ..... the claim made by the petitioners for fixing their inters seniority among the deputy revenue officers on the basis of 1977 rules, it is stated therein, i.e., in paragraph 7 thereof, thus:'7. the corporation has been following the c&r; regulations in the matter of appointment and promotion of its employees. [note: c&r; regulations ..... produced herewith at annexure-r3 and the memo dated 21.4.1979, produced herewith at annexure-r4, clearly demonstrate that the corporation is following the c & r rules. further section 506(6) of the act clearly states that untill other provision is made in that behalf the c & r rules shall continue to hold the field. however, .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)BomCR264; 2003(1)MhLj161
..... words, the conversion fee at rs. 5/- or rs. 15/- is being levied uniformly for commercial use all throughout the state of goa in 1988 and 1994 onwards respectively. as far as conversion of non-agricultural plot into residential use is concerned, the conversion fee at rs. 2/- per square metre was provided in the 1988 amendment ..... illusory. the small causes court cannot decide the applicability of article 14 of the constitution and according to the judgment of the bombay high court in balkrishna v. poona municipal corporation : (1963)65bomlr119 (by which the district judge would be bound): '....... the words used in section 406( 1) of the act....... do not cover the vires of ..... court the division bench has also referred to the earlier judgment of the apex court in new manek chowk spinning and weaving mills co. ltd. v. municipal corporation of the city of ahmedabad. ultimately in paragraph 32 in the above division bench judgment of our high court it is observed as under :--'these are all the .....
Tag this Judgment!Court : Karnataka
Reported in : [1964]51ITR339(KAR); [1964]51ITR339(Karn)
..... section 11 (1). their lordships observed that in order that section 11 (1) might apply, two conditions are to be satisfied : (1) that a person should hold the agricultural land as a common manager 'on behalf of' other persons and (ii) such other persons should be 'jointly interested' in such land or the income derived therefrom; the ..... received by him, shall be assessed on such common manager, receiver, administrator or the like, and he shall be deemed to be the assessee in respect of the agricultural income-tax so payable by each such person and shall be liable to pay the same.' 13. the question for consideration by their lordships was whether the trust ..... of the supreme court in w. o. holdsworth v. state of uttar pradesh. in that case, their lordships were called upon to pronounce on the scope of section 11(1) of the u. p. agricultural income-tax act, 1948, which reads : 'where any person holds land, from which agricultural income is derived, as a common manager appointed under any .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR176
..... the raiding party if his evidence inspires confidence. in this juncture, it is also profitable to refer to a decision of the supreme court ramesh kumar gupta v. state of madhya pradesh : 1995crilj3656 . it is held that corroboration of circumstantial evidence will be sufficient and it need not be by independent witness alone. the relevant portion ..... circumstances which were proved in this case has completely ruled out the case of defence of planting of anthracene powdered currency notes in the briefcase of the appellant as stated by him under section 313 statement.(i) the briefcase was in an unlocked condition when the accused went to urinal in gala no. 247.(ii) the traces ..... briefcase after his hands were stained with anthracene powder. the manner in which he had inserted his hands inside the middle of the chamber of the briefcase, as stated by him in defence, the handle of the briefcase is not likely to be tainted with anthracene powder.(v) it is inconceivable when his fingers stumbled on .....
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