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Judgment Search Results Home > Cases Phrase: the pondicherry settlement act 1970 Court: mumbai Page 1 of about 667 results (0.091 seconds)

Feb 18 2013 (HC)

M/S.Asian Power Controls Ltd. Vs. Mrs. Bubbles Goyal

Court : Mumbai

..... in terms of the settlement between the parties, the respondent admittedly deposited the title deeds of the immovable property at pondicherry with the registrar general of the delhi high court. ..... , a division bench of this court followed these well-settled principles by observing as follows:- we are of the opinion that bearing in mind the clear provisions of the companies act and the principles which have been discussed in detail in the madras high court and the calcutta high court judgments above-cited, the rejection of the petition in this case at the stage of admission was not at all justified. ..... section 529(1) of the companies act, 1956, provides that in the winding up of an insolvent company, the same rules shall prevail and be observed with regard to (a) debts provable; (b) the valuation of annuities and future and contingent liabilities; and (c) the respective rights of secured and unsecured creditors; as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent. ..... prior to the filing of the petition for winding up, proceedings under section 138 of the negotiable instruments act, 1888 were instituted before the court of the metropolitan magistrate at new delhi. ..... shri dhiraj mittal (court room no.509), district courts, saket, new delhi and company petition no.455 of 2010 u/s 433 of the companies act, 1956 before the hon'ble high court of bombay. .....

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Sep 03 2014 (HC)

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

..... (4) whether in view of the repeal of the principal act by the repeal act, the government of maharashtra can: (a) recall/cancel/modify the exemption order granted either under section 20 of the principal act; (b) enforce circulars for implementation of exemption orders issued under section 20 of the principal act prior to the repeal of the principal act; (c) acquire the land by issuing notification under section 10(3) of the principal act; and (d) take any action of whatsoever nature on account of noncompliance/ breach of exemption order issued under section 20(1) of the principal act? ..... . by reason of the indo-french agreement the government of india made the order under the foreign jurisdiction act applying the indian laws to pondicherry ..... . a bare perusal of the impugned order will show that it has been passed in accordance with the order passed by the state government in the department of land records and settlement on 2311980 rejecting the application of the petitioners for grant of exemption ..... . again (by an amendment) of the year 1970, section was deleted .....

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Nov 26 2007 (HC)

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

..... excepting certain provisions from the main enactment; (2) it may entirely change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable; (3) it may be so embedded in the act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and (4) it may be used merely to act as an optional addenda to the enactment with the sole object of explaining the real intendment of the statutory provision. ..... exchange board of india (substantial acquisition of shares and takeovers) regulations, 1997 would clearly show that the concept of indirect acquisition has been more explicitly introduced in the new code; but since the transaction pertaining to which the appeal has been made relates to the period of the old code, the appellate authority did not find it necessary to examine the case of the petitioner in the context of the new code and held that insofar as sesa goa, which is a listed company in india, ..... however, by reason of a notification dated 30101954, the importers in pondicherry were required to obtain validation of licences held by them to import goods as the petitioners thereof did not have any merchandise imported by them which ..... case under the indo french agreement entered into by and between the two nations on 1111954, the entire administration of french settlement vested in the government of india ..... judge : [1970]1scr345 . .....

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Sep 09 1980 (HC)

Controller of Estate Duty Vs. V. Melnikoff

Court : Mumbai

Reported in : (1981)22CTR(Bom)271; [1982]134ITR583(Bom); [1981]7TAXMAN63(Bom)

..... 21 of the said act runs as follows:'(1) there shall not be included in the property passing on the death of the deceased- (a) immovable property situated outside india; (b) movable property situated outside india at the time of the death, unless - (i) in the case of any property, whether settled or not, the deceased was domiciled in india at the time of his death; or (ii) in the case of settled property of which the deceased was a life tenant, the settlor was domiciled in india at the date the settlement took effect. ..... 3 of the said act, being the interpretation section, provides as follows:'(d) the domicile of a person shall be determined as if the provisions of the indian succession act, 1925 (xxxix of 1925), on the subject applied to him and as if the union territories of dadra and nagar haveli, goa, daman and diu, and pondicherry had always been part of india.'5. ..... it must, however, be noticed at once that the crucial question in this case is as to what was the domicile of the said george at the time when he died, because the provisions of the indian succession act, to which we have already referred, make it quite clear that on marriage the said deceased acquired the domicile of the said george if she had not the same domicile before, and during marriage her domicile followed that of the said george. .....

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Sep 16 2009 (HC)

In Re: Adoption of Payal @ Sharinee Vinay Pathak and His Wife Sonika S ...

Court : Mumbai

Reported in : 2010(1)BomCR434; 2009(111)BomLR3816

..... the rajasthan children act, 1970 was regarded as a piece of social legislation which the court held, would have to be 'liberally and meaningfully construed'.19. ..... joseph air 1963 sc 156, 1, 1564 if the 2000 act is held to be inconsistent with the 1956 act, when passing the later act parliament impliedly amended the hindu adoptions and maintenance act, 1956, to permit adoption of children in the specified subclass, irrespective of whether a person has children of the same sex.23. ..... section 4 gives overriding force and effect to the act over any text, rule or interpretation of hindu law or any custom or usage prevalent before the commencement of the act and over any other law in force immediately before the commencement of the act insofar as it was inconsistent with the provisions of the legislation. ..... 'the id act is a special statute devoted wholly to investigation and settlement of industrial disputes which provides definitionality for the nature of industrial disputes coming within its ambit.' id. .....

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Apr 01 2002 (HC)

international Airports Authority Employees Union Vs. International Air ...

Court : Mumbai

Reported in : 2002(5)BomCR43; (2002)IIILLJ277Bom

..... the division bench analysed the provisions of the two enactments and held as under:'in view of the clear provisions of article 254 of the constitution of india, it is apparent that the stand taken that compliance with the regulations of the contract labour act, 1970 makes it mandatory to discontinue the services of the security guards employed under the provisions of the maharashtra private security guards (regulation of employment and welfare) act, 1981 is not sustainable. ..... section 37 of the rajasthan act specifically provided that nothing therein shall affect any rights or privilege which an employee was entitled to under any other law, contract, custom or usage, award, settlement or agreement between the employer and the establishment where he is employed on the date the act came into force, if such rights or privileges were more favourable to the workman than those to which he would be entitled to under the rajasthan act. .....

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Dec 20 2007 (HC)

Shree Ambika Construction Company, a Firm Registered Under the Indian ...

Court : Mumbai

Reported in : 2008(2)BomCR94; (2008)110BOMLR328; 2008(3)MhLj214

..... being in force, or (ii) the arbitral award is in conflict with the public policy of india. ..... part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or (v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this part; or (b) the court finds that (i) the subject matter of the dispute is not capable of settlement by arbitration under the law for the time ..... he also observes in the order that to come out of clutches of contract labour act, 1970, every month 19 labours are said to be engaged and this is again doubtful. .....

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Feb 13 2004 (HC)

M.R. Kulkarni and ors. Vs. Bank of Maharashtra, Nationalised Bank Cons ...

Court : Mumbai

Reported in : 2004(2)ALLMR612; 2004(5)BomCR743; (2004)IILLJ1007Bom

..... twenty days from the notified date to become member of the fund; and(c) refund within sixty days after the expiry of the said period of one hundred and twenty days specified in clause (b) the entire amount of the bank's contribution to the provident fund including interest accrued thereon together with a further simple interest at the rate of six per cent per annum on the said amount from the date of settlement of the provident fund account till the date of refund of the aforesaid amount to the bank.we are really ..... not concerned within the other parts of regulation 3.chapter iv sets ..... it is contended that the employees of all the nationalised banks under the banking companies (acquisition and transfer of undertakings) act, 1970 constitute one homogeneous class and are expected to be treated equally by the respondent nos. .....

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Oct 15 1985 (HC)

The Bank of India, Bombay and Another Vs. T.S. Kelawala, Bombay and Ot ...

Court : Mumbai

Reported in : (1988)IILLJ264Bom

..... section 19(1) of the banking companies (acquisition and transfer of undertakings) act, 1970 enables the board of directors of the corresponding new bank, after consultation with the reserve bank and with the previous sanction of the central government, to make regulations to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of the act. ..... in the absence of a specific term in the regulations, awards and settlements, the bank could not, in guise of an administrative circular, unilaterally reduce the monthly wage and give the employee a lesser monthly salary than the one contracted. ..... it is not in dispute that neither by the regulation, nor awards nor settlements is the bank empowered to make the deduction as done by the impugned circular.12. ..... there was no provision in the bi-partite settlement or in the award which entitled the bank to deduct salary for the day if the employee absented himself only for a part of the day. ..... or, in the state of the service conditions, regulations, awards and settlements as they stand, put the erring workers under suspension for minor misconduct under regulation 19.7, hold an enquiry and if found guilty, impose the punishment of warning, censure, adverse remark or stoppage of increment for not more than 6 months as prescribed by regulation 19.8. ..... it is by the regulations, awards and settlements having statutory force and effect that the parties are governed. .....

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Mar 16 1999 (HC)

M/S. Modern Foundry and Machine Works Ltd. Vs. the State of Maharashtr ...

Court : Mumbai

Reported in : 1999(3)ALLMR305; 1999(2)BomCR756; (1999)ILLJ1137Bom

..... act deals with the period of operation of settlement/awards and sub-section (2) of the said section provides that a settlement shall be binding for such period as is agreed upon by the parties and if no such period is agreed upon for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute and shall continue to be binding on the parties, after the expiry period as aforesaid, until the expiry of two months from the date of notice in writing of an intimation to terminate the settlement given by one of the parties to the other parry or parties ..... to the settlement. ..... act, 1970 for short). .....

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