Judgment Search Results Home > Cases Phrase: state open university act 1992 chapter viii miscellaneous Court: mumbai Page 11 of about 568 results (0.178 seconds)

Rambhau Jairam Dhamange Vs. Vinkur Co-operative Society Ltd. (by Its P ...

Court : Mumbai

Reported in : [1967(14)FLR27]

..... relevant passage from which we have already cited above, that since the essential purpose of the central provinces and berar industrial disputes settlement act was radically different from the purpose and object of the maharashtra co-operative societies act and the division bench has, prior to the incorporation of the non obstante clause held, that the provisions of the law for co- ..... - and that was in 1963 - by which time questions of the comparative jurisdictions of industrial tribunals and courts vis-a-vis the co-operative societies act must have arisen and must have been actually debated, the legislature did not see it fit to limit the ambit of the non obstante clause. ..... by adequate notifications made by the state government under the central provinces and berar industrial disputes settlement act itself and that if industrial disputes arising in co-operative societies come up before the registrar, the state government can, by an appropriate notification under the provisions of the central provinces and berar industrial disputes settlement act, provide that the registrar shall refer them to a stated class of nominees who may be ..... resolve all controversies touching the business of co-operative societies under the provisions of that chapter, but resolve only such controversies as can be resolved in an ordinary court ..... are now conferred upon workmen and employees as a result of principles of social justice which are now almost universally acknowledged all the world over. ..... miscellaneous .....

Mrs. Faridabano ShahabuddIn Kadri and anr. Vs. ShahabuddIn MuzzaroddIn ...

Court : Mumbai

Reported in : 1993(2)BomCR242

..... it would also mean that in all such cases where an application for maintenance, in the first instance, or variation of that order, therefore, is pending, that the change in the law brought about by this act shall be given effect to for the obvious reason that the law in operation on the date of the decision of the application, namely, the new law and not the one in operation on the date of the filing ..... that in relation to this class of women, sections 125 to 128 of the code of criminal procedure stand suspended since new provisions have supersede those sections, but it is necessary to bear in mind that by virtue of section 5 of the new act, it is open to the parties to be still governed by the old provisions which, in that case, will be treated as being alive and operative.15. ..... maintenance of the other relatives who have been asked to pay the shares of the defaulting relatives also do not have the means to pay the shares of the defaulting relatives the magistrate would order the state wakf board to pay the maintenance ordered by him or the shares of the relatives who are unable to pay.' 7. ..... bindra in his book on interpretation of statutes (7th edition) in chapter xxx on retrospective operation of statutes' has reproduced the passage from corpus juris at page 896 in which it is observed that retroactive legislation changing rights or impairing vested rights is not favoured ..... as the maintenance was not paid, miscellaneous application no. ..... 1160 of 1992 came up for hearing before dhabe, .....

G. Claridge and Co. Ltd. Vs. the Industrial Tribunal and ors.

Court : Mumbai

Reported in : AIR1951Bom100; (1951)53BOMLR373; ILR1952Bom19; (1951)IILLJ1Bom

..... whether in so far as the industrial tribunal directed by paragraph 24 of its award that 'all the presses will have to adjust payment on the basis of a 42 hours week and payment for overtime shall also be on the basis as stated above', the award was in excess of the order of reference made on june 11, 1948, and (2) whether the subsequent clarification dated september 29, 1950, by the industrial tribunal in pursuance of the reference made by the government of bombay was ..... they were working for 45 hours a week, and contend that when there was a reference merely to a dispute relating to wages (which meant wages for the period for which the employees worked), it was not open to the tribunal to alter the basic period adopted by the petitioners for calculation of wages and to provide for an arbitrary and unreal wage-period, and to make a provision for calculation of wages on the basis of a ..... are certain miscellaneous provisions made in chapter vii which prevent employers from altering to the prejudice of the workmen concerned in the dispute the conditions of service applicable to them immediately before the commencement of the proceedings and the mode and the manner in which the cognizance of offences committed under the act may be ..... that the tribunal has established a wage structure with reference to a uniform period of a 42 hours week is not in my judgment a ground which lays the wage structure open to challenge that it; deals with matters which have not been referred to the tribunal. .....

M/S. Kec International Ltd. Vs. Kamani Employees Union and Others

Court : Mumbai

Reported in : 1998(3)ALLMR259; 1998(3)BomCR590

..... theapprehension of the respondent/union of the workmen concerned that there waslikelihood of retrenchment due to installation of the said photo composing machines.in that context the division bench observed as under:-'.....it was open to them to raise, at the time of installation of such machines or immediately thereafter, an industrial dispute under the act on the question whether the appellant had introduced a change which necessitated notice of change under section 9-a of the ..... in the said case that retrenchmentdoes not constitute any change in the conditions of service in respect of anyitem in the fourth schedule of the act and that notice of change undersection 9-a and notice under section 25-f for effecting retrenchment areentirely two different aspects having no co-relation with each ..... one such instance which can be highlighted would be chapter v-b of the industrial disputes act, 1947, chapter v-b contains special provisions relating to lay-off, retrenchment ..... the scope and effect of the two legislations, one central, and the other, state, has been the subject matter of interpretation by the apex court in the case ..... 'it is, therefore, important to note that a scheme framed under section 10(10-c) of the income tax act to enable an employee to get exemption under section 10 of the income tax act must result in over all reduction in the existing strength of the employees.on account of the scheme all that happens is that the money received by the workmen ..... reported in 1992 (2) c.l.r .....

Serrao Francis Socorro Vs. Town and Country Planning Board and anr.

Court : Mumbai

Reported in : 2000(4)BomCR517

..... there shall be no order as to costs.office to register the show cause as a miscellaneous application in the writ petition. ..... they may be noted as under:1) an area of about 84 square metres on the western side open terrace is converted into rooms;2) void is converted into roads to the extent of about 49 square metres;3) attic floor of about 180 square metres has been constructed.in the additional affidavit, filed on behalf of ..... the section read in its entirety, leads to ambiguity and destruction of its object, the court must look at the object of the act and the mischief it seeks to avoid and the remedy provided for it to interpret the words. ..... chapter vii of the planning act provides for control of development and use ..... section 121 of the planning act, no suit or other legal proceeding shall be maintained against the government, planning and development authority or any of its officers or persons duly appointed or authorised by it in respect of anything in good faith done or purporting to be done under the provisions of the act or the rules or regulations ..... in the instant case, there is no provision in the planning act, rules or regulations that the petitioner must be given a personal hearing before an ..... purpose is placed on the judgments of the apex court in the case of state of uttar pradesh v. ..... dated 14-2-1992, that the second respondent had granted permission for sale and, as such, would be aware that the construction had ..... the sale deed on 14-2-1992. ..... by a sale deed dated 30-3-1992. .....

In Re: Pharmaceutical Products of India Ltd.

Court : Mumbai

Reported in : [2006]131CompCas747(Bom); (2006)5CompLJ282(Bom); [2006]70SCL93(Bom)

..... on or prior to the date on which the present scheme is filed ppil, shall procure and file before the hon'ble court before whom the scheme will be filed under section 391 of the companies act, 1956, a certificate of no-objection from the partners of neeldeep plastics, will be filed for the transfer of the aforesaid building described in schedule iii, in accordance with clause 5.1.5 of this scheme.3.3 terms and conditions :3.3.1 ..... of our high court was dealing with similar argument that in view of specific provisions in the sebi act, 1992, the legislative intent was to exclude the jurisdiction of the forum under the companies act in respect of the provisions of section 77a of the companies act. ..... it was then contended that assuming this court can still exercise its jurisdiction in this case, as it is open to the petitioner-company to pursue the remedy before any of the forums, the petitioner-company will have to exercise either of the remedy and cannot be allowed to pursue the remedy for similar ..... to get over this drawback learned counsel for the petitioner-company, on instructions stated during the course of argument that such class of left out unsecured creditors in the scheme will be paid by wanbury limited in cash to the extent of 4 per cent, of their principal amount outstanding as on july 31, 2005, ..... it is also significant to notice that the chapter relating to the winding up of the companies as contained in the companies act is intended to destroy the corporate personality of .....

Bank of India Vs. Shree Satya Corporation and ors.

Court : Mumbai

Reported in : 2001(1)BomCR547; (2000)3BOMLR852; 2000(4)MhLj657

..... certificate of recovery has been issued under sub section (7) of section 19, the recovery officer must proceed to recover the debt certified therein and it is not open to the debtor to dispute the correctness of the amount certified in the certificate or to object to the recovery certificate on any other ground before the recovery officer ..... transfer of pending cases- (1) every suit or other proceeding pending before any court immediately before the date of establishment of the tribunal under this act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such tribunal, shall stand transferred on that date to ..... other proceedings'' must take within ils ambit any other proceedings which arc pending in the civil court and also other miscellaneous applications which are pending in the suit or other proceedings. ..... act, all proceedings, whether by way of suit, miscellaneous proceedings or execution proceedings, stand transferred to ..... by making an application under section 19 and obtain an order for issue of a certificate under sub-section (7) of section 19 of the act to the recovery officer, but, the proceedure laid down in section 19 did not indicate that a certificate under section 19(7) could straightaway be issued by the tribunal to the recovery officer for recovery of the amount ..... court in its judgment in state bank of bikaner and jaipur ..... 782 of 1992, reported in bank .....

Dagdu S/O Chotu Pathan, Latur Vs. Rahimbi Dagdu Pathan,

Court : Mumbai

Reported in : 2002(3)ALLMR265; 2003(1)BomCR740; 2003BomCR(Cri)251; (2002)3BOMLR50; II(2002)DMC315; 2002(3)MhLj602

..... there was a pre-divorceconference and in that view of the matterthe husband failed to prove the allegeddivorce by 'talaq'.a further plea was taken on behalf of thehusband that even if talaq pleaded was not proved, thehusband had stated that the wife had been divorced notonly in his written statement but also in hisdeposition and, therefore, the divorce would be deemedto have been effected from the date of filing of thewritten statement or from the ..... at theirprescribed periods, 5505and count (accurately)their prescribed periods:and fear allah your lord: 5506and turn them not outof their houses, nor shallthey (themselves) leave, 5507except in case they areguilty of some open lewdness,those are limitsset by allah: and anywho transgresses the limitsof allah, does verilywrong his (own) soul:thou knows not ifperchance allah willbeing about thereaftersome new situation. ..... on3rd may, 1992 the husband filed an application undersection 3 and 7 of the 1986 act before the magistratecontending that he had given divorce to the wifeaccording to mahomedan law on 15th october, 1990 and anaffidavit to that effect was sworn ..... section 11 in chapter-iiispeaks of proper and improper talaq and the first formis in section 11 whereas the second form is in section12, which read as under:'proper and improper talaqsection 11: there are two conditions fortalaq-e-sunnat [proper talaq ..... chapter-xvi in mullas principles of mahomedanlaw deals with the subject 'divorce' and section 307gives three forms of divorce .....

Poonvasi and ors. Vs. Crown Silk Weaving Industries and ors.

Court : Mumbai

Reported in : 1994(1)MhLj847

..... undertaking shall serve, at least sixty days before the date on which the intended closure is to be come effective, a notice, in the prescribed manner, on the appropriate government manner, on the appropriate government stating clearly the reasons for the intended closure of the undertaking : provided that nothing in this section shall apply to - (a) an undertaking in which - (i) less than fifty workmen are employed or, (ii) less than ..... is clear that an employer who intends to close down an undertaking is required by section 25-ffa to serve a notice in the prescribed manner on the appropriate government stating the reasons for the intended closure of the undertaking at least sixty days before the date on which the intended closure is to become effective. ..... effect to laws inconsistent with this chapter - (1) the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law including standing orders made under the industrial employment (standing orders) act, 1946 (xx of 1946) : provided that where under the provisions of any other act or rules, orders or notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, a workman ..... of the gujarat high court in miscellaneous mazdoor sabha v. ..... state of gujarat 1992 2 clr 754 wherein it was held that the termination effected without following the procedure under section 25-ffa and section 25-fff was inoperative, ineffective and .....

Abedali Khan S/O Rahematali Khan Vs. Devidas S/O Dhonduji Poghe

Court : Mumbai Aurangabad

..... thus, while submitting the terms of the compromise, it is mandatory that at least one of the grounds for eviction which is available under section 16 of the maharashtra rent control act ought to have been mentioned in the compromise purshis or there should be a clear indication of such ground which might have been pleaded either in the plaint by landlord or in the written statement if the ..... has asked for possession of the building on any of the grounds laid down in section 13 of the bombay rents hotel and lodging house rates control act, 1947 and no decree for possession could have been passed on the basis of compromise under order 23, rule 3 of the code of civil procedure. ..... learned counsel for the petitioner emphasised on the explanation which states that an agreement or compromise, which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule, then this cannot be considered ..... second miscellaneous appeal, which was filed before the madhya pradesh high court was allowed and it was held that the decree was not ..... section 15 alone forms chapter iii which is about ..... lal (supra), the apex court has enlightened us on this issue and has held : " if, however, parties choose to enter into a compromise due to any reason such as to avoid the risk of protracted litigating expenses, it is open to them to do so. ..... pandurang anantwar (supra), learned single judge of our high court has decided this matter in 1992 i.e. .....