Judgment Search Results Home > Cases Phrase: the kerala tolls act 1976 Sorted by: recent Court: mumbai Page 1 of about 6,963 results (0.158 seconds)

Employees' State Insurance Corporation and Ors. Vs. Krishnaveni Hatmag ...

Court : Mumbai

Reported in : [2007(112)FLR898]; (2007)2LLJ182Bom

..... employed for wages in or in connection with the work of a factory or establishment to which this act applies and(i) who is directly employed by the principal employer, on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment or elsewhere; or(ii) who is employed by or through an immediate employer, on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or(iii) whose services are ..... while agreeing with the view of the kerala and madras high court that the members of the society can be employees of the society we dissent with the view that members working for remuneration become employees of the society simply because the society is a distinct entity from its members because of its corporate status. ..... 4 of the said decision shows that the view taken by the division bench of the kerala high court was in the facts of the case before it. ..... on the basis of the report, the appellants intimated to the respondent on june 21, 1989 that the society was covered under the act from september 16, 1976.4. ..... reliance was placed by the learned counsel appearing for the respondent on the decision of division bench of kerala high court in case of e.s.i. .....

Rahuri Sahakari Sakhar Karkhana Ltd. and anr. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 1987(1)BomCR168

..... has granted letters of intent for establishment of new sugar factories and has stipulated therein that the conversion of the letters of intent into industrial licences shall inter alia, depend on the state government notifying the zones for drawal of sugarcane by the new factories;and whereas it is apprehended that in the event of non-availability of sugarcane to meet the requirements of the sugar factories in the state, the economic viability of large number of sugar factories is likely to be adversely affected, resulting in serious financial crises and ..... and others, : [1976]1scr552 wherein it is observed by the supreme court that for deciding under which entry a particular legislation falls the theory of 'pith and substance' has been evolved by the court--- 'if in pith and substance a legislation falls within one list or the other but some portion of the subject matter of the legislation accidentally trenches upon and might come to fall under another list, the act as a whole would be valid notwithstanding such incidental trenching. ..... in this context, shri singhavi has placed reliance upon the decision of the supreme court in the kerala state electricity board v. .....

Mehta Construction Company Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : (1981)83BOMLR625; 1981MhLJ835; [1981]48STC398(Bom)

..... it was pointed out in that decision that it is open to a state government, in the exercise of the legislative powers conferred upon it by the relevant entry in the legislative list in the constitution, to levy tax in respect of a transaction of sale on the seller or the purchaser and that provided the goods are purchased in the course of the business of purchasing goods, the purchase tax under the said act would be attracted subject to the other statutory conditions being fulfilled. ..... agarwal, the learned counsel for the respondents, that since under section 60 of the said act the power to condone delay in filing an appeal or an application in revision on sufficient cause being shown had been conferred upon an appellate authority and the tribunal as a revising authority, such power being similar to the power conferred upon courts by section 5 of the limitation act, 1963, but no such power had been conferred upon the tribunal in the case of an application for reference, the said section 5 must be held to be impliedly excluded in the case ..... in kerala state electricity board, trivandrum v. t. p. .....

Madanlal Sharma Vs. Santosh Sharma

Court : Mumbai

Reported in : 1980MhLJ391

..... was the only amendment which was made by the appellant in his petition before the trial court after the amendment of the hindu marriage act in 1976.5. ..... 10(1)(b) of the hindu marriage act, as it stood before the amendment of 1976, permitted a party to a marriage to present a petition praying for a decree for judicial separation on that ground that the other party 'has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party. ..... however, invited my attention to the statement of object and reasons accompanying the bill which ultimately amended the hindu marriage act in 1976. ..... jaisinghani, the learned advocate appearing for the respondent, however, has canvassed the view that after the amendment of 1976, a greater degree of cruelty than what was envisaged under section 10(1)(b) of the act as it stood prior to the amendment of 1978 is now required to be proved by a spouse seeking divorce on the ground of cruelty ..... the hindu marriage act, 1955, which governs the parties and under which the petition for divorce was filed, was substantially amended in the year 1976 and a new ground which would be the basis of a decree for divorce was added in section 13 of the said act ..... at this stage i may mention that after the hindu marriage act was amended in 1976, the appellant amended his petition by substituting the prayer for divorce in place of an original prayer for .....

Mahalakshmi Glass Works Pvt. Ltd. Vs. Commissioner of Sales Tax

Court : Mumbai

Reported in : [1977]40STC488(Bom)

..... : [1976]1scr152 , where it has been, inter alia, held that any amount realised by a dealer in excess of the tax leviable under the kerala general sales tax act, 1963, stands, for the purpose of determining the legislative competence under entry 54 of list ii in the seventh schedule to the constitution of india, on the same footing as an amount not due as tax under that act. ..... in our opinion, on the other hand, the expression 'any amount by way of tax in excess of the amount of tax payable by him under the provisions of this act' used in sub-section (2) of section 46 of the said act clearly shows that the legislature intended, inter alia, to deal with a situation where a registered dealer collects any amount from a purchaser on the ground that it represents the tax which the dealer would be liable to pay under the said act when such amount or a part thereof is not so payable. ..... in particular, it is significant that the said kerala act which came up for consideration before the supreme court had no provision for refunding the excess amount collected by the dealer which under that act was to be paid over to the state. .....

Vijaya Vs. The State of Maharashtra and Others

Court : Mumbai

..... further order dated 12 july 2016,the mat disposed of the original application on the ground that petitioner being an employee of the zilla parishad, the tribunal did not have jurisdiction under the administrative tribunals act, 1985 and and the original application was accordingly disposed ..... in view of the above situation, we do not find that the impugned action on the part of the respondents in not permitting the petitioner to join posting at the transferred place at karla ..... the action which has been resorted by the medical officer at rahu threatening the disciplinary action against the petitioner is also totally unwarranted in the facts of the case ..... not disputed that the transfer dated 30 april 2016 is in operation and that the consequence of the transfer order is that the petitioner was required to hand over the charge of her post at rahu on 31 may 2016, we cannot agree to the request of ..... is created by letter dated 6 june 2016 whereby the medical officer at rahu informs the petitioner that she is unauthorisedly absent from 1 june ..... however, surprisingly, by letter dated 3 june 2016 the medical officer, primary health centre, karla informed the petitioner, that as she has not produced the relieving order from rahu and, therefore, she would not be permitted to join ..... the transfer order categorically records that the petitioner should be relieved on 31 may 2016 after the office hours for enabling her to join at the transferred place and that the petitioner should immediately join the .....

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

..... venkatraman says that the court placed reliance on three decisions of the kerala high court in kreem foods private limited v state of kerala, (2009) 24 vst 333)jojo frozen foods private limited v state of kerala (2009) 24 vst 327)and mechanical assembly systems (india) private limited v state of kerala, (2006) 144 stc 536)all of which had concurred with the view taken in duke and sons. ..... the principal question of this dispute is whether these agreements whereby the monsanto technology is granted by the petitioner to the seed companies amounts to mere permissive use and, therefore, a service under section 65(b)(44) of the finance act, 1994 ( finance act ) read with entry 97 list i of the constitution, or whether it is a deemed sale in the nature of transfer of right to use goods under clause (b)(iv) of the explanation to section 2(24) of the mvat act read with article 366(29a)(d) and entry 54 list ii of the constitution. 14. ..... the monsanto petition, filed under article 226 of the constitution of india, brings a challenge to entry 39 of schedule c to the maharashtra value added tax act, 2002 ( the mvat act ); the definitions under sections 65(105)(zzr), 65(55a) and 65(55b) of the finance act, 1994; and sub-clause (c) of section 66e of the finance act, 1994. .....

Dr. Shri Balaji Vs. State of Maharashtra

Court : Mumbai Aurangabad

..... in order to prevent the misuse of the provisions of pcpndt act, the responsibility to take the decision and to prosecute the person under the provisions of the pcpndt act has been entrusted to an appropriate authority constituted under the said act. ..... on due examination of the allegations made in the complaint and more particularly the contents as referred above which according to complainant amounts to act in violation of section 3-a and section 22 of the pcpndt act, we have no hesitation to hold that, the entire complaint discloses no offence either under section 3-a or section 22 of pcpndt act to prosecute the complainant. ..... in this context the allegations made in the complaint that the 'mantra' as referred in the book to be chanted/whispered in the ear of the women amounts to an offence under the pcpndt act found to be totally baseless. 25. ..... while it is a duty of appropriate authority to ensure strict action against the persons violating the provisions of pcpndt act, but equally the said authority is duty bound to ensure that no person is unnecessarily prosecuted and subjected to criminal action. 21. ..... the petitioner herein seeks quashing of complaint bearing no.150 of 2016 filed by the respondent under section 28(1) of pre-natal diagnostic techniques (prohibition of sex selection) act, 1994 and amendment act of 2003, (henceforth referred to as the "pcpndt act") on the grounds set out in detail in the petition. 3. .....

Rahul and Others Vs. State of Maharashtra, through its Secretary, Urba ...

Court : Mumbai Nagpur

..... in the case of noida enterpreneurs association, supra, wherein the hon'ble apex court has held that the state or public authority holding property for the public or which has been assigned the duty of grant of largesse acts as a trustee and that public trust doctrine is a part of the law of the land and this doctrine has grown from article 21 of the constitution of india and ultimately makes accountable the state and all the public functionaries to the people in whom the sovereignty vests ..... also the contention of the learned senior counsel for the petitioners that the two contractors-shashikant bambal and shri bhakte, oth submitted affidavits to the effect that the latter would have no objection if the works allotted to him were carried out by the former and the former would have no objection in accepting the payments for the works done by him at the rate quoted by the latter which were some what lower than the rates quoted by the former. ..... provision of section 72 is yet to take effect and it would take effect only when the rules regulating exercise of financial powers by the standing committee or the council would be framed by the state government and till the time such rules are framed, the standing committee or the council would continue to be governed by the old provision which prescribes the limit of rs.40,000/- for sanctioning execution of works relating to construction of road, bridge, building or water supply or drainage without obtaining any ..... of kerala and ors ..... kerala .....

Partur Advocate Bar Association Vs. State of Maharashtra, Through it's ...

Court : Mumbai

..... . if the argument of the petitioner is accepted that the power under the crpc and powers under various provisions of the civil courts act and in particular sections 3, 4, 12, 12a, 15, 19,21,22 22a and 23 has to be exclusively exercised by the state government without consultation of the high court, it will be completely contrary to the spirit of article 235 of the constitution of india and it will be contrary to the principle of separation of powers between the judiciary and executive adopted by the constitution ..... . the issue of easy access to the justice should be one of the main considerations; (iii) the powers of establishing the courts, wherever conferred on the state government, both under the civil courts act and the crpc, will have to be exercised by the state government after consultation with the high court ..... courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the high court to deal with him otherwise ..... state of kerala (2006(6) scc 162)and the principles laid down therein. .....