Court : Mumbai
Reported in : 2005(6)BomCR733; (2005)107BOMLR942; (2006)IILLJ834Bom
..... as we have analysed the retention of the 318 workmen and bringing to an end the services of the 492 employees is one package deal given in the settlement and as analysed elsewhere in the judgment, the majority of the workmen whose services have been brought to an end are the members of the recognised union and since the act has been done with the concurrence of the recognised union, it cannot be said that the appellant has shown favouritism or partiality regardless of merits ..... , if we consider section 18(1) without the proviso, the position of settlement is as per the abovereferred observations which shows that the settlement otherwise than in conciliation proceedings is binding between the parties and when such a settlement is between the union which has a majority of workers and/or with the recognised union, the said settlement is binding not only on the members of the said union or the recognised union, but also on those employees who are not the members of the said union. ..... settlement shows as to what are the causes for executing the said settlement, the historical background since 1970 onwards; as to how the business of the efd had dwindled down from time to time and how the diversified efforts made for the survival of the efd of the appellant had ultimately failed, and that in december 1987 as a result of the disconnection of the electric supply and reduction of three working days in a week, the appellant's efd at satara road had come to a standstill and that in order to .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... chagla had pointed out the following observation from the supreme court's order dated 11th may, 2005:'we therefore, having regard to the facts and circumstances of this case as also the law operating in the field, are of the opinion that interest of justice would be subserved if the national textile corporation is permitted to complete the transactions in terms of the scheme framed by the bifr, but the same shall be subject to the conditions that in the event the writ petition ultimately succeeds, the vacant land available from other mills, if necessary, shall ..... (k) it has now become clear why, despite the aforesaid precedent, the state government chose not to freeze development on mill lands while appointing the deepak parekh study group: on 4th may 2005, during the course of arguments in the hon'ble supreme court of india at the hearing of special leave petitions filed against this court's orders of 1st april 2005, the state government made a statement to the court that it was not extending the deepak parekh study group's term which expired on 25 april 2005. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)
..... amount paid by the court, stand discharged;(b) every officer of the company who is in default shall ..... the time specified in that subsection, -(a) the company shall be punishable with fine which shall not be less than twice the amount in relation to which the repayment of the deposit has not been made, and out of the fine, if realised, an amount equal to the amount in relation to which the repayment of deposit has not been made, shall be paid by the court, trying the offence, to the person to whom repayment of the deposit was to be made, and on such payment, the liability of the company to make repayment of the deposit shall, to the extent of the ..... in that case, the controversy arose over the madhya pradesh dharma swatantraya adhiniyam, 1968 and the orissa freedom of religion act, 1967. ..... state of chhattisgarh : air2005sc2026 .26. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2005)98TTJ(Mum.)993
..... , i find that there also, the decision was given on facts, where pursuant to a resolution, the assessee collected certain surcharge in addition to the admission fees for the races and the hon'ble court held that the surcharge when paid was clearly impressed with an obligation in the nature of trust for being applied for the benefit of local charities and was by that obligation diverted before it reached the hands of the respondent and therefore, it was not part of income of the assessee. ..... the appellant has failed to bring anything on record to show that the individual shares of the constituents were determinate or known, the co-operative societies, which were to be formed on the allotment of land had not come in existence and so it was not known as to who would be their members and therefore, i am of the view that the members' share has to be treated as indeterminate and that the ao was fully justified in treating the shares as indeterminate and taxing the income at maximum marginal rate for the year under consideration. ..... no doubt, the objective was to hold the funds as an agent on behalf of the societies and ultimately pass on the surplus after deducting the land cost to the societies constituted of the members but for the year under consideration, the entity in question was merely an aop who was holding the funds on receipt from its various constituents and earning income thereon. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2005)4SOT795(Mum.)
..... of the assessee.in the appellant's case, i find that they collected ..... cit 65 itr 261 held that concession on a point creates estoppel against its reagitation.further, the hon'ble supreme court in 111 itr 81 has clearly laid down the preposition that the claims has to be before the assessing officer.the assessing officer placed reliance on the decision in the cases reported at 218 itr 329 (sc), 224 itr 635 (sc), 81 itr 3 10 (sc), and 194 itr 723 (kar. ..... itr 776 (sc), i find that there also, the decision was given in facts, where pursuant to a resolution the assessee collected certain surcharge in addition to the admission fees for the races and the hon'ble court held that the surcharge when paid was clearly impressed with an obligation in the nature of trust for being applied for the benefit of local charities and was by that obligation diverted before it reached the hands of the respondent and, therefore, it was not part of income .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom385; 2005(4)ALLMR875; 2005(6)BomCR55; 2006(2)CTLJ105(Bom); 2005(4)MhLj629
..... in our view, the wordings in the document in question are clear and unambiguous and as the document in question remained unchallenged till the invocation of the bank guarantee, the intrinsic oral evidence or earlier correspondence, executed between the appellants and the company cannot be resorted to, to bring in the intention of the document as sought to be contended by the respondents by treating the said document as a contract of indemnity and not a ..... to us, the express terms of the written agreement in question, supported by the testimony of the respondent-bank's officer itself, apart from the appellants, some statements in the cross-examination or raising doubts about the nature of the agreement by one of the bank witness, that itself would not affect the written agreement ..... document, therefore, as duly signed only by the respondent-bank in favour of the appellants on 4th september, 1985, was accepted without any demur and, therefore, became final between the appellants and the respondents, including the terms and conditions agreed to in the document irrespective of the clauses of the main agreement dated 25th september, 1983. 13. ..... its obligations and being a secondary and supplementary agreement in question arising out of the main contract, there remained no doubt that the parties are bound to honour the said document and, in the result, the claim as raised by the appellant-plaintiff arising out of the same was contract and within the framework of the said bank guarantee. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798
..... and even in that circumstances to hold that the unrecognised union cannot file a complaint under items 2 & 6 of schedule iv of the said act, and it is only the employee who can file the said complaint, will be leading to an absurdity.one of the reasons why the trade unions are functioning in the industry, because the individual employees are a weaker section or a feeble union and it has to bargain and fight against the mighty employer and, therefore, to protect the rights of the employees which is not possible for an individual ..... we further state that the present was such a case inasmuch as from the materials on record we are satisfied that the 25 workmen who went to the industrial court of pune (and 15 to the industrial court, ahmednagar) had been kept as casuals for long years with the primary object of depriving them of the status of permanent employees inasmuch as giving of this status would have required the employer to pay the workman at a rate higher than the one fixed under the minimum wages act. ..... it needs to be mentioned that the compassionate posts are also not recruited through the due recruitment procedure, but the employment is offered on compassionate ground to the heir of the employee on the death of the employee of the corporation, so as to avoid the hardship to the family of the deceased or certain other contingencies. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR532; 2005(4)BomCR570; 2005(2)MhLj1135
..... it has been contended that it is high time that the court should refuse all the changes suggested by the majority of trustees to be incorporated by this court in modification of the said scheme.on the other hand the learned counsel for the petitioner has drawn my attention to the division bench judgment in appeal no.1137 of 1987 in misc.petition no. ..... in my opinion in the view of the judgment of the apex court where the provision of s.92 and 93 has been considered and the judgment of the single judge of this court which has been decided following the apex court judgment in the case of raje anandrao (supra) i am of the opinion that the issue of jurisdiction to entertain the present misc. ..... it has been contended that the provision of s.52 of the bombay public trusts act, 1950 would only apply if the suit is filed for settlement of the scheme subsequent to the amendment of the act but in a case where the scheme is already settled u.s.92 and 93 of the civil procedure code and the scheme reserves its power to further act or modify the scheme in such cases the provision of s. ..... reported in 1977 guj lr 54 and has contended that the provision of s.92 and 93 of the civil procedure code would not applicable once the provision of s.52 of bombay public trusts act 1950 is enacted specifically lays down that the provision of said civil procedure code shall not apply in the case of the public trust and the trusts which are governed by the provision of bombay public trusts act, 1950. 8. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)BomCR708; [2005]127CompCas752(Bom); (2005)6CompLJ246(Bom); [2005]62SCL175(Bom)
..... be, present and voting either in person or, where proxies are allowed under the rules made under section 643, by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the court, be binding on all the creditors, all the creditors of the class, all the members, or all the members of the class, as the case may be, and also on the company, or, in the case of a company which is being wound up, on the liquidator and contributories of the company:provided that no order sanctioning any compromise or arrangement shall, be made ..... the scheme propounded by somanis as modified in the meetings and as further modified by two affidavits of abhishek lodha, director of the company dated 21-3-2005 and which modification we sanction under section 392(2) read with section 394 of the companies act. ..... the amount of two banks is payable within the time indicated in the affidavit filed by lbpl dated 21-3-2005. ..... anand agarwal and associates who was never a party to the proceedings also submitted a scheme on 7-2-2005. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005CriLJ2714
..... have been committed by a public servant, except with the previous sanction,--(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government;(b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government;(c) in the case of any other person, of the authority competent to remove him from ..... procedure, 1973 (2 of 1974), of an assistant commissioner of police; (c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank shall investigate any offence punishable under this act without the order of a metropolitan magistrate or the magistrate of the first class as the case may be or make any arrest therefor without a warrant :provided that if a police officer not below the rank of an inspector of police is authorized by the state government in this behalf by general or special order, he may also investigate any such offence .....
Tag this Judgment!