Court : Mumbai
Reported in : 1998(3)ALLMR1; 1998(4)BomCR537; 1998(1)MhLj818
..... ashok vishnu kate, reported in : (1996)illj899sc the apex court has noted the provisions of the industrial disputes act, 1947, the provisions of the bombay industrial relations act and the provisions of the maharashtra recognitions of trade unions and prevention of unfair labour practices act, 1971. ..... the apex court there noticed the amendment to the industrial disputes act whereby the vth schedule was added which catalogued unfair labour practices on the part of the employers, and the trade unions of the employers and on the part of the workmen and trade unions of workmen which are in pari materia with the unfair labour practices on the part of employers, the trade unions and general unfair labour practices on the part of employers, under the m.r.t.u. & p.u.l.p. ..... the labour court held that the enquiry was fair and proper; the labour court furtherheld that the findings given by the enquiry officer were legal and proper; but however, held that the punishment of dismissal was disproportionate to the charges levelled and misconduct proved and accordingly the order as referred to earlier.the labour court proceeded on the footing that the court has wide powers under section 11-a of the industrial disputes act to reconsider report of the enquiry officer. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT380
..... the mandal revenue officer shall not require the alienee or the transferee to deposit the amount under this sub-section unless he is satisfied that the alienation or transfer is not in contravention of the provisions of the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973, the urban land (ceiling and regulation) act, 1976, the andhra ..... revenue officer shall after making such enquiry as may be prescribed require the alienee or the transferee to deposit in the office of the mandal revenue officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the registration act, 1908 as fixed by the registering officer on a reference made to him by the mandal revenue officer on the basis of the value of the property arrived at in such manner as may be prescribed:provided that ..... d5/8031/1993 dated 05.03.2001 passed in exercise of revisional jurisdiction under section 9 of the andhra pradesh rights in land and pattadar pass books act, 1971 (for brevity, 'the act'), is under challenge in the present writ petition.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)
..... see for e.g: karnataka town and country planning act, 1961; maharashtra regional and town planning act, 1966; bombay town planning act, 1954; the travancore town and country planning act, 1120; the madras town planning act, 1920; and the rules framed under these statutes; town & country planning act, 1971 (england & wales); encyclopaedia americana, volume 22, page 240; encyclopaedia of the social sciences, volume xii at page 161; town improvement trusts in india, 1945 by rai ..... an interesting issue in this appeal directed against order of the karnataka high court, apart, from if the conversion of the site from park to hospital was in accordance with law and whether a private hospital was an amenity or civic amenity under the bangalore development authority act (act 12 of 1976) (in brief the act) and in any case could it be considered as an improvement, under section 19(4) of the act, if so whether the authorities while doing so acted within the constraints of law.34. factual martix is quite simple ..... or continued in any court or before any authority for cancellation of such allotment or demolition of buildings constructed on the sites so allotted after obtaining building licences from the authority or the (local authority concerned or for questioning the validity of any action or) things taken or done under section 38a of the principal act, as amended by this act and no court shall enforce or recognise any decree or order declaring any such allotment made, action taken or things .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)BomCR437; 1998(2)MhLj156
..... the findings of the inquiry officer were held as just and proper, and, on finding that during the pendency of the departmental inquiry, a similar misconduct was committed by the respondent, the labour court held the respondent as a habitual defaulter, and on perusal of the past service record, dismissed the complaint filed by the respondent by his order dated 15-10-1987, annexure 'f'. ..... it has been observed by both the courts below that the default card sufficiently discloses that, even during the pendency of the departmental inquiry, the respondent indulged in the same activities and committed the similar misconduct by pilfering the amount of the corporation. ..... section 11a of the industrial disputes act empowers the tribunal to make an award, directing reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or, give such other relief, including of award of any lesser punishment, in lieu of dismissal, as circumstances of the case require. ..... therefore, both the labour court, as also the industrial court, has rightly held that the respondent was guilty of grave misconduct by reason of his act of not having issued tickets, though paid for by those 8 passengers. ..... act, hereinafter 'the act', setting aside the order dated 15-10-1987, of the labour court, amravati, in complaint, u.l.p. no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR873; [2006(110)FLR265]
..... (1) no suit, prosecution or other legal proceedings shall be commenced against any school board or authorized municipality or a servant thereof or any person acting under the orders of the said board or municipality for anything done, or purporting to have been done in pursuance of this act, which entitles or requires a school board, authorized municipality, member, officer, servant as such or other person so acting to exercise any powers or perform duties without giving to such school board, authorized municipality, member, officer, servant or person one ..... 189 of 1992 decided by the labour court requires to be remanded to the labour court at pune for fresh decision so that the objection raised by the present petitioners on the basis of the provisions of section 62 of the education act is adjudicated upon and the petitioners take steps to bring on record the attendance or wages register copies for the period from december, 1990 to june, 1992 or at least from september 1991 to june 1992. ..... a preliminary objection was raised by the present petitioners regarding the maintainability of the complaint by relying upon the provisions of section 62 of the bombay pre primary and primary education acts 1947 (for short 'education act') by contending that unless the notice of one month was issued by the complainant against the present petitioners, the labour court could not have entertained the complain. ..... act, 1971 was held to have been proved. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)MhLj263
..... however, in my view, the ratio of the said judgment will not apply to the facts of the present case since the said judgment considered the powers of the university tribunal under section 59 of the maharashtra university act and consequently, it was held by this court that the college tribunal could test the validity of termination on the anvil of the provisions under the industrial disputes act. ..... though the bombay university act, 1977, was repealed by the maharashtra universities act, 1994, the savings clause of the new act protects the existing code and as such, the standard code as formulated under the bombay university act continues to be applicable to the non-teaching staff of the university and other allied institutions. ..... college of architecture did not allow the petitioner to work in their institute and since it was not possible for the university to accommodate the petitioner after one year in its meeting held on 28.9.90, the governing council took a decision to retire the petitioner as per the provisions contained in the said section 52(2)(d) of the standard code and he was compulsorily retired on 5.10.90. ..... 1 institution, then in that case, the provisions of the industrial disputes act and the employment standing orders act become applicable to the employees of respondent no. 1. ..... 5, 9 and 10 of schedule iv of mrtu and pulp act, 1971. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(6)KarLJ72
..... the question arose before their lordships as to whether union of india, ministry of works and housing can under the facts and circumstances of that case take recourse to the provisions of the act after the express newspapers private limited having acted upon the grant of permission by the lessor is an unauthorised occupant within the meaning of section 2(e) of the act and after considering the scope, ambit and purpose of section 2(e) their lordships have held the express buildings was constructed with the sanction of the lessor i.e. ..... 184 of 1998 touching the schedule premises and the cancellation of the allotment communicated to the plaintiff on 10-2-1999 is in breach of contract, illegal and without the authority of law; (ii) restraining the defendant from taking any action against the plaintiff for the plaintiffs dispossession from the schedule premises either under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 or otherwise; (iii) awarding court costs and such other reliefs as the hon'ble court deems fit to grant as the situation demands in the interest of justice. ..... that being so, there is no question of the lessor applying for eviction of the express newspapers private limited under section 5(1) of the public premises (eviction of unauthorised occupants) act, 1971 nor has the estate officer any authority or jurisdiction to direct their eviction under sub-section (2) thereof by summary process. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(2)ALT24
..... the six petitioners were admittedly granted leases in warangal division to extract abnus leaves in terms of the a.p.minor forest produce (regulation of trade) act, 1971 (for short 'the act) and the ..... act, 1967 or the rules made thereunder or condition of sale, either by the forest contractor himself, his agent or servant, the divisional forest officer shall call for the explanation of the forest contractor or his authorised agent and after taking the explanation if any tendered within the time specified into consideration, the divisional forest officer may;(1)(a) terminate the contract and simultaneously forfeit (in favour of the government) all the sums paid as sale amount or otherwise and in addition levy compensation for the ..... case the contract is performed and if there are no dues then the contractor is entitled to the refund in full of the security deposit; but in case there is a breach of a contract or the agreement, or contravention of the rules or the provisions of the act, the question then would be whether the respondent is entitled to forfeit the entire ..... in clause 6(s)(3) it is provided: 'the security deposit or the balance of it as the case may be shall be refunded to the purchaser after the divisional forest officer is satisfied that all the obligations and formalities under the said act, the said rules and the agreement have been duly complied with by the purchaser and that no amount is due from him' .clause (t) deals with penalties and payment of penalties .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD366
..... seshu sarojini devi are in contravention of section 5(3) of the record of rights in land act 1971 and the mandal revenue officer was directed to restore the name of shaik abdullah bin salam in pattedar column against sy.no.91 of jalpally village. ..... he further stated that the provisions of section 47 of the act, 1950 has no application to the facts as the question does not relate to the landholder and the tenant of the agricultural land and the alienation of the said land by the original owner in favour of smt. ..... property from 1961 onwards and even if the sale deed is hit by section 47 of the act, 1950, her possession from 1969 to 1981 is without any interruption and continuous either from the original owner and pattedar or from his sons/petitioners herein and thereafter the possession of the applicant is also continuous and also without any interruption and thus the applicant acquired the title by adverse possession as the applicant and her vendor are in continuous and uninterrupted possession for ..... , after 18-3-1969 there is no need to take permission for alienation of the land under section 47 and the agreement holder is entitled to avail the benefit of section 53-a of the transfer of property act and in that case it was directed to compute in the land in the hands of the agreement holder as the agreement holder is entitled to sue for specific performance, and therefore, such lands must be included in the holding of the transferee. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3039; 2005(5)BomCR251; [2005(106)FLR63]; JT2005(4)SC489; (2005)IILLJ1040SC; 2005(2)MhLj985; (2005)5SCC245; 2005(2)SLJ486(SC); 2005(2)LC1023(SC)
..... since the respondent did not vacate the quarter, proceedings were also initiated by the commission under the public premises (eviction of unauthorised occupants) act, 1971. ..... , observed that the writs referred to in article 226 of the constitution are obviously intended to enable the high court to issue them 'in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in violation of the principles of natural justice, or refuse to exercise a jurisdiction vested in them, or there is an error apparent on the face of the record, and such act, omission, error, or excess has resulted in manifest injustice. ..... so tar as the payment of gratuity act is concerned, according to the appellant the said act was not applicable to the respondent. ..... in exercise of statutory powers under section 32(1) of the act, regulations known as the oil and natural gas commission (death. ..... : (1975)illj399sc the constitution bench of this court held that regulations framed by the commission under section 32 of the oil and natural gas commission act ,1959 are statutory in nature and they are enforceable in a court of law. ..... it was also the case of the commission that the respondent was not covered by payment of gratuity act, 1972 as amended from time to time ..... in the counter, the senior deputy director (personnel & administration), stated that the commission was a statutory corporation established in 1960 under the oil and natural gas commission act, 1959 .....
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