Court : Mumbai
Reported in : 1991(1)BomCR363
..... provisions of law, in so far as they are material for deciding the question on hand.section 2(e) of the public premises act, 1971 reads thus:'(e) 'public premises' means(1) any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the central government, and includes any such premises which have been placed by that government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendment act, 1980, under the control of the secretariat of either house of parliament for providing residential accommodation to any ..... ' the statement of objects and reasons of the cantonments act clearly stipulates that the act was meant to municipalize the government of the cantonments, which contain a substantial civil population, and, further that the funds of the cantonment shall vest in the cantonment authority and shall be administered as a local fund. ..... the learned advocate for the petitioner, shri lakhkar, argued that the provisions of the aforesaid act do apply to such premises. ..... the local governments were to have power of superintendence and control over cantonment affairs and military authorities were to retain only certain special powers in matters affecting health, welfare and discipline of troops. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR777
..... appears to be a well-settled proposition of law that if the parties proceed with the arbitration without intervention of court under chapter ii of the arbitration act, 1940, the parties cannot there after invoke section 20 of the arbitration act, 1940, for filing of the arbitration agreement, as the remedies available to the parties to proceed with the arbitration under chapter ii or chapter iii of the act are available in alternative. ..... am, however, satisfied that having regard to the totality of facts in this case and the ample opportunity granted by the learned arbitrators to the parties, the impugned award is not liable to be set aside merely on the ground that the learned arbitrators refused to take written arguments of the petitioners on record it is obvious from the record forwarded by the learned arbitrators and the number of meetings held by then and the notes of arguments maintained by them that the learned arbitrators fully applied their mind to all the contentions urged before them ..... the gist of the said arguments is obvious from the notes of hearing maintained by the arbitrators on 12th july, 1988, for the first time, the learned advocate for the petitioners tendered written arguments before the learned arbitrators, which the arbitrators declined to take on ..... the respondents also paid municipal taxes in respect of various garden plots forming part of the common lay-out for the period 1st april, 1980 to 31st march, ..... kerala state electricity board, and another, : [1975] .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713
..... i am of the opinion that in this case the test of functional integrality between the retail textile shop in the city opened, by the textile undertaking to market its own manufactured product and the mill itself is more than satisfied and the employees of the retail cloth shop cannot be deprived of the benefit of labour welfare legislation merely by registering such a retail cloth shop under the shops and establishments act.12. ..... since the operation of this judgment and order shall remain stayed for a period of twelve weeks from today, if the respondents file an appeal against this judgment, they shall serve one week's notice on the advocate for the petitioners.21. ..... in the first instance, the scheme and object of the employees' provident funds and miscellaneous provisions act is totally different. ..... my attention was invited to the division bench judgment of kanade and pendse jj, in the case of kerala rubber company pvt. ..... 2 also invited my attention to the judgments of this court in the cases arising under the employees' provident funds and miscellaneous provisions act, 1952. ..... the regional provident fund commissioner and ors. ..... desai, regional provident funds commissioner, maharashtra and goa, bombay and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR28; 1991CriLJ1729
..... by court martial or by disciplinary courts shall be reviewed by the judge advocate general (jag) of the navy either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the judge advocate general of the navy shall transmit the report of such review together with such recommendations as may appear just and proper to the chief of the naval staff for his consideration and for such action as the chief of the naval staff may think fit. ..... the procedural safeguards contemplated in the act must be considered in the context of and corresponding to the plenitude of the summary jurisdiction of the court-martial and the severity of the consequences that visit the person subject to that jurisdiction. ..... of the question whether the element of guilty mind is excluded from the ingredients of an offence the mere fact that the object of the statute is to promote welfare activities or to eradicate a grave social evil is not by itself decisive. ..... the aforesaid first leaf was thus not produced by the prosecution at the court-martial to shut out my defence that the engine found in my car was the old one imported in 1980. ..... 10133 had been imported in 1980 and found to be so defective as to compel the petitioner to apply for the import of a replacement. ..... this letter in paragraph 2 speaks of the petitioner having purchased a second hand diesel engine in london in 1980. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1992)40ITD185(Mum.)
..... apart from the fact that, in that case, the amalgamation was sanctioned under section 45(7) of the banking regulation act, 1949, and under that scheme, the investment held by the assessee-company were to be valued at the market price and transferred to the amalgamated company, it has to be remembered that the court in that case decided the issue in favour of the assessee on the consideration that under the banking regulation act, holding of securities by a bank is obligatory and such transaction of securities and shares were as a general rule, in the course of its business. ..... in the light of this discussion, the reliance placed by the departmental representative on the decision of the kerala high court in the casc of josna bank ltd. ..... paramount premises it was 1-4-1980.these two companies filed their returns of income for the assessment year 1980-81 along with the financial accounts up to the period ending 31-12-1979 in the case of the former and 31-3-1980 in the case of the latter. ..... (supra) refers to a scheme which has been used as a device for defeating a welfare legislation.the amalgamation approved by the court can never be considered as a device employed to defeat the law relating to taxes on corporate bodies. ..... in the said case the court had clearly held that it was the duty of the court in every case where ingenuity is expended to avoid taxing and welfare legislations, to get behind the smoke-screen and discover the true state of affairs. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR408; (1991)93BOMLR165; [1991(62)FLR795]; (1994)IIILLJ1086Bom
..... however, have limited relevance in this case and perhaps no relevance to decide the question as to whether the payment of gratuity act, 1972, is a self-contained code and whether the provisions contained in section 7a of the industrial disputes act, 1947 read with item 5 in schedule iii of the said act, 1947, can be invoked even in the case where the concerned establishment has been deliberately excluded by the parliament from operation and applicability of the payment of gratuity act, 1972 by reason of the establishment employing less than statutory minimum. ..... act conferred a statutory right on the employees covered under the said act to claim gratuity from its employers and is a social welfare legislation for the benefit of the ..... 5 of the third schedule reads as under:-'bonus, profit sharing, provident fund and gratuity'.thus the said act provides machinery for adjudication of demands for gratuity: the industrial disputes act, 1947 confers substantive rights on the workmen employed in an industry in respect of lay off compensation or retrenchment compensation but not in respect ..... some of the state legislatures like kerala and west bengal had introduced their own state legislation making codifying the law of ..... 13 of the award it was held that each employee shall be granted five days casual leave and five days sick leave with a right to encash the unavailed casual and/or sick leave, as more particularly set out therein with effect from 1.1.1980. ..... per year beginning from 1.1.1980. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR156
..... i give further the following direction:i direct the collector, bombay suburban division, or any other officer who is incharge of the ballot-papers to give all facilities to the commissioner to enable him to comply with the directions given above.the commissioner shall act on a true copy of the order certified by the petitioner's advocate as true copy.the commissioner shall first call a meeting of the two advocates within three days of the service of the true copy of the order on the commissioner. ..... ) and wopansao (supra) and observed as follows:'we think that neither the decision of this court in : [1970]1scr839 , which took the view that violation of section 23(3) of the 1950 act in entering or deleting the names of persons in the electoral rolls after the last date for making nomination relates to lack of power, nor the decision in : air1971sc2123 , which also suggest that where there was lack of power, the question can be gone into by the court trying an election petition, can, b analogy, be extended to an entry ..... mohammed, : [1980]1scr1148 , one of the contentions was that there should be evidence to hold that there was incitement to violence or likelihood of pubic disorder, particularly because section 125 of the act of 1951 makes promoting enmity between two classes of communities or religions during election, an offence. ..... 892 (nce) of 1980 : reported in : [1985]1scr1089 .102. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR194
..... thereafter, the child will be with the mother upto 5th june, 1991, and on that day mother will hand over the child to father in presence of chief judicial magistrate, jalgaon and custody of the child shall remain with the father upto 20th june, 1991.parties are at liberty to move the proper civil court for obtaining the orders about the custody of the child in the meantime, and the aforesaid order/arrangement will come to an end as soon as interim orders about the custody are ..... sengodam : (1980)glr881 , the learned judge of the madras high court held that whether the welfare of a child demands its custody with mother or with father is a matter to be decided in a civil court and this cannot be gone into in a proceeding under section 97. ..... shri barlinge further relied on the provisions of the hindu minority and guardianship act, 1956, particularly, on section 6 in support of the proposition that the father is entitled for the custody being a natural guardian of a hindu minor.4. ..... shri barlinge invited my attention to a judgment of kerala high court in the case of k. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR210; (1999)IIILLJ312Bom
..... by this writ petition under the provision of article 227 of the constitution of india, read with the provision of section 482 of the code of criminal procedure, 1973, the petitioners have impugned the issue of process against them by the metropolitan magistrate, 23rd court, esplanade, in the criminal complaint filed against them for contravention of the provisions of the employees' provident funds and miscellaneous provisions act, 1952, and the employees' provident fund scheme, 1952 (hereinafter referred to as 'the act' and 'the scheme', respectively).2. ..... applying this test, the supreme court took the view that the failure to pay employer's contribution under the employees' provident funds and miscellaneous provisions act, 1952, before the due date must be held to be a continuing offence, in view of the paramount welfare nature of the object and purpose of the provisions. ..... month from the date of expiration of the period of currency of the contribution cards in respect of members employed by him, send the contribution cards to the commissioner together with a statement in form 6 :provided that where a member leaves service, the employer shall send the contribution card in respect of such member before the twentieth day of the month following that in which the member left the service : provided further that in the case of any such employee who has become a member of the family pension scheme fund under the family ..... the state 1980 57 fjr 407 (kant). .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR610
..... , therefore, held that if the order of the returning officer has the effect of the committee being constituted contrary to the mandate of section 73 of the aforesaid act which provides that the constitution should be in accordance with the aforesaid act, the rules and the bye-laws, the matter can be brought before the high court and the high court can issue a writ of mandamus to see that the constitution of a managing committee is in accordance with the provisions of the aforesaid act, the rules and the bye-laws also notwithstanding the fact that the bye-laws as such ..... it is then necessary to sec the provisions of the act having bearing upon the finances, the properties and funds of the multi-state co-operative society. ..... we may also usefully refer to the judgment of the kerala high court in the case of narayan menon v. ..... the strict standards applied to authorities exercising judicial power are being increasingly applied to administrative bodies for it is vital to the maintenance of the rule of law in a welfare state where the jurisdiction of administrative bodies is increasing at a rapid pace that the instrumentalities of the state should discharge their functions in a fair and just manner'. 72. ..... 1980 s.c. .....
Tag this Judgment!