Court : Mumbai
Reported in : (1935)37BOMLR130
..... at sea the master could not be notified ; the true explanation may be that it was a rule of the law merchant, developed in order to facilitate mercantile transactions, whereas the process of pledging goods on land was regulated by the narrower rule of the common law and the matter remained stereotyped in the form which it had taken before the importance ..... goods by the simple process of pledging the documents of title. it need not be repeated that bills of lading stand apart, nor need it be observed here that some warehousing companies have, by means of private acts, assimilated their warrants or delivery orders to bills of lading for this purpose.11. it has been strenuously contended on behalf of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR658
..... the court's powers, or rather of the definition of the proper limits of the exercise of its powers as they were formerly understood, had accompanied a development of the jurisdiction as conferred by the code of civil procedure. thereafter the law obtaining in the courts of england on the analogous point was examined by reference ..... no application, and this court held that it had jurisdiction derived from sudder dewanee adawlut in exercise of its general power of superintendence to interfere. though the regulation of 1827 was repealed in 1873 by act xii of that year, the third paragraph of the first section of the repealing act provided:-it shall not affect ..... the said act. though that act conferred upon the mamlatdars' courts new jurisdiction, it expressly declared them to be courts which were referred to in regulation vi of 1830, which regulation provided that an appeal should lie from the decisions of those courts to the collector or sub-collector, and from that officer to the sudder dewanee .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom476
..... function of this commission is to keep forward markets under observation and to draw the attention of the central government or of any other prescribed authority to any development taking place in, or in relation to such markets which, in the opinion of the commission, is of sufficient importance to deserve the attention of the ..... of the board an emergency has arisen or exists the board may by resolution prohibit trading in hedge contracts except in certain circumstances. section 11, forward contracts (regulation) act provides for the power of recommending the association to make by-laws and sub-section (2) starts with the words 'in particular and without prejudice ..... in the forward contracts market in cotton under the aegis of the east india cotton association. the east india cotton. association under its bylaws and rules regulates the conduct of the merchants dealing through the 'association by making rules from time to time and enforcing certain rules under the by-laws and rules referred .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom518
..... of, or the withdrawal of recognition from, any association, to keep forward markets under observation and to draw the attention of the central government to any development taking place in, or in relation to, such markets, to collect information regarding trading conditions, to make recommendations with a view to improving the organisation and ..... there anything in the act which would prevent the association from makinga by-law providing that the commission should i under certain circumstances or in certain emergendes regulate and control forward contracts? what is said by mr. desai is that whatever the east india cotton association may decide to do, the commission itself ..... by statute. but we have not been pointed out any provision in the act which prohibits the commission from performing the function under certain circumstances of regulating and controlling forward contracts.it is fallacious to suggest that the powers to be conferred upon the commission under clause (f) of section 4 must be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom214; (1957)59BOMLR67
..... problems brought before us are only a few of those which have arisen in practice. it seems to us unfortunate that a law which is intended to help in the development of companies in our country and also to put down abuses- which were noticed in the working of companies and especially in the institution of the managing agency which is .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom67; (1963)65BOMLR245; 1964CriLJ330; [1963(6)FLR407]; ILR1963Bom631; (1963)IILLJ241Bom
..... list i and item 23 in list ii of the seventh schedule of the constitution and the provisions of the mines act of 1952 and the mines and minerals (regulation and development) act of 1957, it does appear that the word 'mine' has been given the widest connotation and on a strict interpretation of these provisions, even a stone ..... this argument, he referred to the definition of 'minerals' and 'minor minerals' as contained in cls. (a) and (e) of s. 3 of the mines and minerals (regulation and development) act. clause (a) does not give the definition of minerals. it merely says that all minerals except mineral oils are included in the definition of 'minerals.' this definition is ..... to him, is necessarily a mine. in elaboration of this argument, he has taken me through the provisions of the mines act (xxxv of 1952) and the mines and minerals (regulation and development) act (lxvii of 1957). 13. the mines act has defined the terms 'mine' and 'minerals' in cls. (j) and (jj) respectively of s. 3 of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR484
..... effect, legislates upon a topic which falls in entry 53 of list i, seventh schedule of the constitution of india. entry no. 53 runs thus:regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by parliament by law to be dangerously inflammable.in this connection, ..... a doctrinaire, restricted and pedantic sense. these are words of wide amplitude and his argument was that these words are not qualified by words, such as regulation and development, which qualify the first part of the entry relating to the oilfields and mineral oil resources. mr, ganatra, therefore, contended that it is the ..... entry is much more narrow and limited than the entry no. 53 in list i of the constitution of india. entry no. 53 envisages regulation and development of oil fields and mineral oil resources, and mentions petroleum and petroleum products simpliciter without any qualifying words. the enlargement in the scope is obviously .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR140; 1966MhLJ1149
..... public limited company doing the business of manufacture and sale of textile products in this city. on july 18, 1959, the government of india passed an order under the industrial development and regulation act, 1951, by which it appointed an authorized controller in respect of respondent no. 2 mills. later on the state of maharashtra issued a notification on march 25, 1960 ..... filed and it shows that under the award the scale of dearness allowance was increased from 1.5 to 1.15 per point rise of index. there are other provisions regulating the method of calculation etc. respondent no. 2 as one of the textile mills in the state was a party to the dispute and it is bound by the award .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom482; (1967)69BOMLR218
..... as surplus. (52) now, it is true that initially government formed the view that government servants who were working in the national extension schemes and block development projects (transferred to zilla parishads ) became permanently allotted to the district service of zilla parishads as of and from the appointed day. consequently, permanent and ..... , gratuity and other terminal benefits and the amount standing to his credit in the account of contributory provident fund, if any, in accordance with rules regulating the terms and conditions of his service immediately before appointed day as if such allocated servant had retired on superannuation. in the impugned discharge notices, reference ..... orremoval, as has been held by this court in : [1953]4scr655 . likewise the termination of service by compulsory retirement in terms of a specific rule regulating the conditions of service is not tantamount to the infliction of a punishment and does not attract art. 311(2), as has also been held by this .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR77
..... from advancing the petitioners' case, this judgment in express terms negatived a similar contention which was advanced in that case. the facts of that case were that under the industrial development and regulation act, 1951, an authorised controller was appointed of the model mills, nagpur. thereafter, on march 25, 1.960, notifications under sections 3 and 4 of the relief undertakings act .....
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