Court : Mumbai
Reported in : AIR1993Bom304; 1994(3)BomCR449; 1993(1)MhLj448
..... examining the provisions of the said rent control legislation, the supreme court also took the view that the jurisdiction of the civil court was barred and exclusive jurisdiction was vested in the special forum created under the special act, which could exercise the power of eviction of a tenant protected by the act only in accordance with the stringent provisions of the act, the supreme court, consequently, held that the decree made by the civil court was a total nullity, as the civil court completely lacked jurisdiction to make such a decree; that the ..... rajabhai abdul rehman, : [1971]1scr66 , held that a decree, even if it be erroneous, is still binding between the parties, and it could be objected to in execution or collateral proceedings if the decree' was passed by a court which totally lacked jurisdiction, such objection as to basic lack of jurisdiction being incurable even by consent of parties or by resort to the principle of estoppel, mr. ..... sunil waste corporation, air 1971 borr 91 considered and laid down what 1 consider, with respect, the correct test to be adopted for deciding if the decree is capable of being objected to in collateral proceedings as a nullity. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR645
..... the labour court by its two judgments dated 23rd july 1999, came to the conclusion that the complaints filed before it by the two petitioners before the court under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, were not maintainable on the ground that neither of the two petitioners is a workman within the meaning of section 2(s) of the industrial disputes act, 1947 and consequently, not an employee within the meaning of the former act. ..... on the record would demonstrate that the primary work which the petitioners were assigned was supervision of the maintenance of machinery in the departments to which the petitioners were attached and the supervision of labour was merely incidental to the main duties which they performed; (v) inasmuch as the petitioners did not supervise either the work of the other workmen, but were vested with the supervision of the maintenance of machines, it could not be held that they performed work of a supervisory nature within the meaning of section 2(s) of the industrial disputes act ..... before dealing with the submissions which have been urged on behalf of the parties, it would, at the outset, be necessary to note that the settled position in law is that in considering as to whether an employee is a workman within the meaning of section 2(s) of the industrial disputes act, 1947, the court must have regard to the nature of the duties performed. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR768; 1998(2)BomCR474
..... shri shinde, argued that power of the high court to punish for the contempt of the subordinate courts is derived by the high court under the provisions of the contempt of the courts act, 1971 and not under article 215 of the constitution of india. 6. ..... it is also his case that there is no provision under the contempt of the courts act, 1971, which empowers the high court to punish the contemnor for the contempt of the supreme court. 5. ..... thus, the sum and substance is that the high court is not empowered under any of the provisions of the act or of the constitution, to punish the alleged contemnor for the contempt of the supreme court. 7. ..... it is the case of the present petitioner in this contempt petition that inspite of there being specific directions of the apex court by the said two orders, the respondents have not complied with the same and inspite of various representationsand repeated requests by the petitioner, the respondents did not pay heed to the same and even avoided to return back the record, which is alleged to have been seized from the institution. ..... government pleader that since the alleged contempt is of the supreme court of india, in accordance with the provisions of article 215 of the constitution of india, it would not be competent for this court to take the cognizance of the alleged contempt of the supreme court of india. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR491; 2000(3)BomCR212; (2000)1BOMLR697; [2000(85)FLR536]; (2000)ILLJ1518Bom; 2000(3)MhLj104
..... was a case under maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, and the company's action of lay-off was under challenge. ..... the learned single judge of this court, after hearing all the parties at length, and after perusing the documents, came to the conclusion that the order of the regional provident fund commissioner, allotting a code number to one of the firms, by clubbing all the four firms together, and determining the amount payable by them under section 7-a of the act, and directing them by the impugned notice to pay the same, was not ..... niton industries, a partnership firm registered under the provisions of the indian partnership act, being aggrieved by the order passed by the regional provident fund commissioner, maharashtra and goa dated 23rd september, 1992, in the matter of proceedings under section 7-a of the employee's provident funds and miscellaneous provisions act, 1952 ('the act'), against inventa valve industries (bombay) private limited, ..... on a question as to whether the various units run by the members of the family should be considered as distinct and independent units or as a subterfuge to avoid the liability of contribution under the act, it was held that the five units were not independent units and that they were clearly inter-dependent and in between them, they carried on same process which the original mill was carrying on and the process were carried on for the benefit of the original mill and for no one .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)BomCR113
..... act, the maharashtra universities act, 1994 or under the industrial disputes act or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... clauses 9, 12 and 20 which are relevant for the present purpose set out the definitions of the term head of a school, management and private school respectively and hence, the said clauses are reproduced as under :--- '(9) 'head of a school' or 'head' means the person, by whatever name called, incharge of the academic and administrative duties and functions of a school conducted by any management and recognised or deemed to be recognised under this act, and includes a principal, vice-principal, head master, head mistress, assistant ..... act and the respondent management opposed the said application solely on the ground that the petitioner's prayer for directions to implement the order of reinstatement passed by the tribunal was already a subject matter of the instant petition pending before this court. ..... act is a court within the meaning of the contempt of courts act and hence, defiance of order passed by the school tribunal can be punished under the contempt of courts act. ..... the petitioner who was working as a peon under an educational society has approached this court seeking a mandamus against his employer society to implement the order passed by the school tribunal under section 11 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (for short the m.e.p.s. .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(4)KarLJ204
..... thereafter, a notice as per annexure-c under section 4(1) of the public premises (eviction of unauthorised occupants) act, 1971 was issued to show cause as to why it should not be evicted on the ground that it is in unauthorised occupation of the premises. ..... however, it is open to the respondents to initiate fresh proceedings for the eviction of the petitioner from the premises in question under the aforementioned act. ..... statement of objections is filed on behalf of the 2nd respondent stating that the petitioner-society was not duly constituted; that it was not recognised in terms of paras 23 and 43 of indian railway establishment code and that since final eviction order has already been passed, the petitioner may challenge the same in appeal etc.3. ..... if final order is passed based on annexure-c, the same would be nullity in the eye of law and respondents cannot take any action on the basis of such final order.5. ..... challenging the notice and the order, the petitioner has filed this writ petition seeking to quash them and to direct the respondents not to take further action pursuant thereto.2. ..... as on the date of issuing the notice, since there was no cancellation order of allotment, the occupation of the petitioner cannot be termed as unauthorised. ..... 122 at old parcel complex in bangalore city under annexure-b, dated 27-12-1988 by the divisional personnel officer, southern railways, bangalore. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT492
..... he approached mandal revenue officer (mro), rajendranagar mandal, under section 5a of andhra pradesh rights in land and pattadar pass books act, 1971 (ror act) for regularization of sale. ..... however, the preponderance of judicial opinion is that any sale of the surplus land after the act is null and void and it is only the original owner that can seek exemption under g.o.ms.733 and not any purchaser after the act. ..... 733 is automatic notwithstanding vesting of surplus land in the government, if the proceedings under chapter-iii of the act remained inconclusive by 31.10.1988, the date of g.o.ms. no. ..... , land to an extent of acs.5.00 in peripheral area of urban agglomeration is exempted from the provisions of ulc act, and therefore, petition schedule land stands exempted. ..... contra, learned assistant government pleader for revenue (ulc), submits that by the time petitioners' vendors obtained regularization of sale under section 5a of ror act, proceedings under ulc act attained finality, and therefore, g.o. ms. no. ..... noticed by appellate authority pursuant to orders of third respondent, surplus land was taken over possession and the same was handed over to mro, rajendranagar mandal. ..... is admitted by petitioners that nawab chandra reddy claimed land in his declaration though he had allegedly sold the land to them or predecessors under unregistered sale deed. ..... as orders are not communicated, petitioners are in possession of the land, and therefore, they did not question orders of second respondent .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD792
..... was allowed on 5-8-2005, in which a finding was rendered that the petitioner's father was in physical possession of the land on the date of filing of the suit and that decree having been confined to perpetual injunction and in view of the observations made by this court in the second appeal, proceedings under the public premises (eviction of unauthorized occupants) act, 1971 were initiated to evict the petitioner, who is an unauthorized occupant of the land and that the writ petition filed by the petitioner questioning initiation of the said proceedings is still pending. ..... sri gowri shankar sanghi, learned standing counsel for respondents 3 and 4 (railways) submitted that as the railways have initiated proceedings for eviction of the petitioner under the provisions of the public premises (eviction of unauthorized occupants) act, 1971 and till the disposal of writ petition no.27566 of 2005 filed questioning initiation of the said proceedings, the petitioner is not entitled to raise any construction on the disputed site and that respondent no.1 is, therefore, justified in rejecting the petitioner's application for building permission.8. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H207
..... 21 of the faridabad complex (regulation and development) act, 1971 which was sanctioned by the haryana government vide notification no. ..... not necessarily according tothe use for which it is primarily designed or in which it is primarily employed, and from the standpoint of use it has been defined as embracing such instruments as are specifically designed for use, and principally employed, in any branch of science, either for the purpose of observation, experiment, or instruction, or in connection with the professional, practice of a particular science, the term has been compared with, or distinguished from 'mechanical instruments or implements' see supra note 97 and 'philosophical ..... admittedly, manufacturing process has to be carried out to make syringes out of the tubes and for purposes of octroi duty, the condition of the tubes is to be examined, as they exist at the time of import and whether in common parlance these tubes will be described to be scientific instruments or glass tubes. ..... in this case, a question had arisen whether stacks of 'eucalptus-wood utility goods, after separating the 'bailies' and 'poles' can answer the description of 'timber' under entry 32-a of part ii of schedule ii to the madhya pradesh general sales tax act, 1958. ..... 99 of the haryana municipal act and also prayed for interim stay. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H236
..... in due course, he was sought to be evicted from the premises and was served with a show-cause notice under the public premises (eviction of unauthorised occupants) act, 1971; (hereinafter referred to as the eviction art) and, ultimately, an order under section 5 of the eviction act. ..... if the lessor transferred the property leased or any part thereof or any part of his interest therein, the transferee, in the absence of a contract to the contrary, should possess all the rights of the lessor as to the property transferred and the lahore high court approved the rule of english law referred to in manikkam pillai's case (supra) that the person entitled to the immediate reversion of the demised premises was the proper person to give the notice to quit and held that 'transferee of any interest' occurring in section 109 of the transfer of property act ..... included the .....
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