Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... decree could be granted. the supreme court in ramaraghavreddy v. seshu reddi, air 1967 sc 436 considered the scope of section 42 of the specific relief act and held :--'in our opinion section 42 of the specific relief act is not exhaustive of the cases in which a declaratory decree may be made and the courts have power to grant such a decree independently ..... v. the commissioner of labour and conciliation officer, govt. of madras, air 1959 mad 441;(7) the wholesale grain and seed merchants' association, nagpur v. the state of maharashtra through secretary, food department, bombay, air 1968 bom 75;(8) gurbax singh v. union of india, air 1973 punj & har 310;(9) n. balaraju v. the hyderabad municipal corporation through the commissioner, municipal ..... permitted the state to do so even though the provision may result in discrimination onlyon the ground of sex. therefore. section 10(1)(c) of the bombay act does not offend against art. 15(1) by reason of art. 15(3).'the bombay high court also considered inter relationship between articles 15 and 16 and observed:--''article 16 deals with a limited subject, the subject ..... 16 of the constitution. admittedly, the discrimination is in favour of women and against men.114. articles 14, 15 and 16 components of the equality clause as enshrined in the preamble of the constitution guaranteeing to secure equality of status and of opportunity, to all the citizens of the severeign socialist secular democratic republic of india.115. thus, it is clear .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(3)ALLMR59; IV(2004)BC333; 2004(5)BomCR158; 120CompCas324(Bom); 2004(3)MhLj228; 52SCL550(Bom)
..... for the purpose for which it is enacted or provision being rendered nugatory.17. the decision in nirfabrics ltd. v. nirlon ltd. : 1999(1)bomcr362 is in relation to the provisions of the bombay relief undertakings (special provisions) act, 1958, which are not in pari materia with those of the sica and, therefore, the ruling therein is of no help to the ..... industrial company against the order of the lower court/authority pertaining to a monetary claim against such industry.2. the respondents filed a dispute under section 9 of the maharashtra cooperative societies act, 1960, for recovery of the amount alleged to be due from the petitioner-company wherein an ex parte award dated february 20, 1999, came to be passed ..... against the sick company. reliance is placed on the decision in the matters of patheja bros. forgings and stamping v. i. c. i. c. i. ltd. : air2000sc2553 , and maharashtra tubes ltd. v. state industrial and investment corporation of maharashtra ltd. : 1scr340 . section 22(1) of the sica provides as :'where in respect of an industrial company, an inquiry under section 16 is pending ..... the process to provide measures for salvaging and securing the public money, to afford adequate protection to employment, and revitalise and rehabilitate the sick industries. the preamble of the sica reads that 'an act to make, in the public interest, special provisions with a view to securing the timely detection of sick and potentially sick companies owning industrial undertakings, the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1996SC285; [1995(71)FLR1040]; JT1995(6)SC625; 1995LabIC2714; (1996)ILLJ899SC; 1995(5)SCALE400; (1995)6SCC326; Supp3SCR702
..... deal with the relevant provisions of the maharashtra act, it would be necessary to note that in the state of maharashtra, prior to the passing of the maharashtra act, two acts governing the relations between the employers and the employees in industries were already holding the field. one act was the bombay industrial relations act, 1946 ('b.i.r. act' for short) which applied to certain ..... passing such ultimate orders which are alleged to be contrary to item 1 of schedule iv of the maharashtra act.sub-section (2) of section 30 of the maharashtra act lays down:in any proceeding before it under this act, the court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions ..... matters connected with the purposes aforesaid; it is hereby enacted in the twenty-second year of the republic of india as follows....15. the preamble of the act clearly indicates that the maharashtra act is brought on the statute book with the avowed purpose of regulating the activities of trade unions and for preventing certain unfair labour practices both ..... say.semantic luxuries are misplaced in the interpretation of 'bread and butter' statutes, welfare statutes must, or necessity receive a broad interpretation. where legislation is designed to give relief against certain kinds of mischief, the court is not to make inroads by making etymological excursions.42. francis bennion in its 'statutory interpretation' second edition, has dealt .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(2)ALLMR477; 2007(5)BomCR286
..... relating to unfair practices. the fact that there were in existence and force, at that point of time several related laws such as the id act, contract labour act, bombay industrial relations act etc. and the provisions of the maharashtra act were not to be in derogation of those laws cannot also be overlooked in trying to understand and interpret the provisions in question,....the legislative ..... , we have selected only a few of them because we are of the view that the net of unfair labour practices should not be cast too wide'. as the preamble to the maharashtra act would recite, the state legislature after taking into consideration the report of the committee, thought fit to decide among other things, to define and provide for the prevention of ..... (6) of schedule ii contending that the action of the employer calling for the execution of a bond amounted to a lockout. the industrial court in an application for interim relief held that the union had made out a prima facie case of a lockout and directed the employer to allow the workmen to resume their duties. 22. the division bench ..... before the conciliation officer and seven days after conclusion of such proceedings. in section 23 which applies to other industrial establishments, the prohibition on a strike or a lockout operates: (i) during the pendency of conciliation proceedings and seven days after the conclusion thereof; (ii) during the pendency of proceedings before the labour court or the tribunal and two months thereafter .....Tag this Judgment!
Court : Mumbai
Reported in : 1997(2)BomCR171; (1997)ILLJ933Bom; 1997(1)MhLj201
..... we deal with the relevant provisions of the maharashtra act, it would be necessary to note that in the state of maharashtra, prior to the passing of the maharashtra act, two acts governing the relations between the employers and the employees in industries were already holding the field. one act was the bombay industrial relations act, 1946 ('b.i.r. act' for short) which applied to certain notified industries ..... to find out how it supplies the lacuna and tries to achieve its goal. in para 15, the apex court has observed as under :- 'the preamble of the act clearly indicates that the maharashtra act is brought on the statute book with the avowed purpose of regulating the activities of trade unions and for preventing certain unfair labour practices both on the ..... is indicative of the settled principle of law that declaration of law by the supreme court under art. 141 of the constitution of india is one thing and grant of relief thereunder is another; the latter being dependent on various factors, considerations and circumstances'. under the aforesaid circumstances, we find it difficult to hold that the question of employer ..... it is not for abolition of the contract labour, but for a declaration that the workmen concerned are in fact the employees of the principal employer, and for consequential reliefs on such declaration. if, however, the contract is genuine, the direct workmen of the principal employer may espouse the industrial dispute for abolition of the contract labour system and .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(5)ALLMR878; 2008(5)BomCR545
..... may also be noticed that division bench of this court at the principal bench in the case of yerala medical trust & research center and ors. v. state of maharashtra and ors. : 2006(1)bomcr701 , decided on 15th september, 2005 much prior to the decision of the nagpur bench referred to the directions issued by another bench in writ petition no. 3196 ..... 2007 had been filed by mahatma gandhi mission's institute of management through its director. this institute is run by mahatma gandhi mission, a public trust registered under the bombay public trust act, 1950, which was running different educational courses at aurangabad and amongst others, it was running the course of mba since 1994. it was averred in the writ petition ..... maintaining the very object of excellence in education, proper completion of course and adherence to the standards and norms prescribed for infra-structure and amenities. while the court is granting relief to the petitioners on equitable ground, it is also desirable that court keeps in mind that neither the statutory provisions are varied or relaxed in a manner that the object ..... spelled out the preferential role of the council as under:22. the aforesaid provisions of the act including its preamble make it abundantly clear that the council has been established under the act for coordinated and integrated development of the technical education system at all levels throughout the country and is enjoined to promote qualitative improvement of such education in relation to .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(3)BomCR705
..... not be accepted.33. on behalf of the state the learned advocate general has made the following statement:(1) the government of maharashtra is aware of and sympathetic to the need to rehabilitate bar girls affected by the provisions of the bombay police (amending act) 2005. with a view to ensure their effective rehabilitation and provide them with a dignified alternative vocation, ..... the state government and by members of the said force for the maintenance of public order. and whereas it is necessary to provide for certain other purposes hereinafter appearing...the preamble annexed to the amendment bill reads as under:whereas the commissioners of police, district magistrates and certain other officers, have granted performance licences for holding dance performance; and whereas ..... . 1971 of 2005 have added as respondent shri r.r. patil, deputy chief minister and home minister of maharashtra as also, one shri vilas satam, vice president of the nationalist congress party, kurla branch mumbai and one shri paresh patil. the reliefs which the petitioners have sought, is to direct the respondent no. 8, the commissioner of police to hand ..... performing dances other than those which can be restricted, is unreasonable and not in public interest and consequently void. (9) in the matter of the relief sought for referring the matter for investigation to c.b.i. we find that no prima facie case is presently disclosed against the dy. chief minister and home minister, respondent no. 4. we however, prima .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(1)BomCR501
..... and the relevant provisions of bombay municipal corporation act, maharashtra municipalities act and goa municipalities act. the above division bench felt that in the light of the aforesaid legal provisions the concerned municipal commissioners will have the power to kill the stray dogs, to control the stray dog problem. in the light of the above order dated 7.1.2003 the matter has been ..... of no effect.the above abc rules were brought into force on 24.12.2001.12. the relevant provisions of prevention of cruelty to animals act, 1960 read as under, including the preamble:(i) preamble:an act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to ..... stated in their petition that they have participated in the abc program meant for controlling the street dog population and therefore they do not have any right to seek any relief from this court and as such, all the petitions deserve to be dismissed on this count itself.59. the learned counsel mr. gurumurthy appearing on behalf of the ..... consideration, based on the effect of abc rules, vis-a-vis the provisions of bombay municipal corporation act, maharashtra municipalities act and goa municipalities act. to put it in other words, whether the abc rules prevail over the provisions of the aforesaid bombay municipal corporation act, maharashtra municipalities act and goa municipalities act or vice-versa?98. it is important to take note of article 51a(g) .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(3)ALLMR124; 2002(3)BomCR655
..... hand over quite, vacant and peaceful possession of the flats referred to in exhibit-i to the petition. the petitioner has also sought a declaration that the provisions of the bombay rents, hotel and lodging house rates control act, the bombay land requisition act and the bombay government premises (eviction) (amendment) act, 1996 (the maharashtra act xvi of 1997) and/or the ordinance dated 25th december, 1997, published in ..... petitioner has allowed his legal right to be lapsed by virtue of law of limitation and, therefore, in our view, this court cannot extend its discretionary powers to give any relief to such petitioner with regard to the properties involved in the decree. at this stage, we would like to refer to the decisions relied upon by mr. walawalkar, learned ..... their predecessors came in possession as allottees and after the death of the original allottees, all of them, being sons or daughters of the original allottees, they are their legal heirs and representatives and, that is how, inherited the tenancy right. it is further stated that after loosing the right to execute the decree obtained by the petitioner in february ..... , transfer fees received from some and some other details. relying on this document, he contended that respondent nos. 16, 18 and 19 are neither the original allottees nor their heirs and in view thereof they are not entitled for protection either as tenants or sub-tenants in the disputed premises. he further contended that respondent no. 17 is also not .....Tag this Judgment!
Court : Mumbai
Reported in : 1982(2)BomCR235
..... had borrowed.24. in this context a reference could usefully be made to the 'report on an inquiry into indebtedness among the textile workers in greater bombay in the context of the maharashtra debt relief, act, 1975'. this inquiry was conducted by the ambedkar institute for labour studies in the year 1978 after the decision of the supreme court in fatehchand's ..... reliefs act, 1975 as enacted in the year 1975 as well as amended by maharashtra act xl of 1977 and maharashtra act xviii of 1979. the various provisions of this act are challenged mainly on the ground that they are violative of the petitioners' fundamental rights guaranteed under articles 14 and 19(1)(f) and (g) of the constitution of india. according to the petitioners ..... india, subsidiary banks, new banks constituted under the banking companies, corporations owned and controlled by the state and co-operative societies etc. it is clear from the preamble of the act that government wanted to protect the weaker section of the society from the unscrupulous money lenders. this class of the society does not belong to the class of ..... practically adopted the same definitions with certain modifications, for the purpose of this chapter also. it appears from the aims and objects of the enactment i.e. maharashtra act 18 of 1979 that initially the maharashtra debt reliefs act, 1975 was enacted for liquidation of debts of certain marginal farmers, rural artisans, rural labourers and workers. it also provides for a moratorium on .....Tag this Judgment!