Court : Mumbai
Decided on : Jul-19-2007
Reported in : 2008(1)BomCR422; (2007)109BOMLR1488; 2008CriLJ2523
..... the facts and circumstances of the case and wherever necessary to conclude the contempt proceedings by adopting summary procedure. the provisions of the code of criminal procedure and contempt of courts act neither overlap nor are in conflict with each other. they operate in different fields and jurisdiction. to trace out commonality by an interpretative process, in these two jurisdictions, is an ..... court, the constitution vests these rights in every high court, so no act of a legislature could take away that jurisdiction and confer it afresh by virtue ..... necessarily follows that the constitutional jurisdiction of the supreme court and the high court under articles 129 and 215 cannot be curtailed by anything in the act of 1971. the above position of law has been well settled by this court in sukhdev singh sodhi v. the chief justice and judges of the pepsu high court : 1scr454 , holding thus:in any case, so far as ..... contempt of a high court itself is concerned, as distinct from one of a subordinate .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-26-2007
Reported in : 2008(1)ALLMR277; 2008(1)BomCR602; (2007)109BOMLR2701; (2008)IILLJ1037Bom
..... amounted to the commission of unfair labour practice by the appellant as per schedule iv item 1 (a), (b), (d) and (f) of the maharashtra act (mrtu & pulp act, 1971. while dealing with the issue the supreme court has held as under:39. it has to be kept in view that the present proceedings arise out of a complaint filed by the respondent ..... shockingly disproportionate punishment. mr. singh, therefore, submitted that the learned single judge was right in holding that the case of termination should be tried by labour court as contemplated under section 7 of the mrtu & pulp act and the complaint will have to be filed under item 1 of schedule iv and item 9 cannot be invoked for the said purpose. the ..... of the case and that as it was the case of termination it will fall under item 1 of schedule iv of the mrtu & pulp act. it was, therefore, submitted that the decision rendered by the supreme court in the case of s.g. chemicals and dyes trading employees union and s.g. chemicals and dyes trading limited and anr. : (1986)illj490sc ..... misdirected itself while coming to the conclusion. 11. the points which arise for our determination are whether the complaint as preferred and filed before the industrial court under item 9 of schedule iv of the mrtu & pulp act, 1971 was maintainable or not and whether the complainants had been able to establish that the provisions of section 25o of the industrial disputes .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-03-2007
Reported in : 2008(1)ALLMR116; III(2008)BC538; 2008(2)BomCR359; 2008CriLJ1134; 2007(6)MhLj58
..... has not been taken. more than this, i would not like to say anything further at this stage. i leave the entire matter to the discretion of the court concerned so that it may act according to law; i would, however, make it plain that the mere fact that the proceedings have been quashed against petitioner (accused no. 3) will not prevent ..... conduct of the business. unless both these conditions are fulfilled one cannot be tried under section 141 of the act read with section 138 thereof,12. learned counsel for the applicant while placing reliance on the judgment of the hon'ble supreme court in the case of pepsi foods ltd and anr. v. special judicial magistrate and ors. : 1998crilj1 , contends that the ..... conduct of the business of the company as held by the apex court in the case of sarojkumar poddar v. state (nct of delhi) and anr. 2007(1) m.lj. 1186 : 2007(4) m.l.j. 421 : air 2007 scw 656.19. while analysing section 141 of the n. i. act, it can be seen that it operates, in cases where an ..... additional chief metropolitan magistrate, 40th court, greater mumbai ('the trial court') filed by the respondent no. 1 - original complainant for the offence punishable under section 138 read with section 141 of the negotiable instruments act, 1881 ('the n.i. act' for short).2. considering the points involved in the three revision applications, on consensus, these revision applications have been heard together and are being .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-30-2007
Reported in : 2008(1)BomCR803; (2008)110BOMLR56; 2008(1)MhLj710
..... eligible, have been given the employment and those eligible have remained unemployed can be conveniently mitigated and injustice done to them on this ground can be undone by what this court proposes.18. in the result, we make the rule partly absolute and issue directions to the respondents as follows:[a] the respondent nos. 5 and 6 shall prepare and ..... publish on 15th february, 2008 on notice board the list of eligible candidates from amongst the persons whose lands were acquired for durgapur super thermal power station and who are eligible considering the eligibility criteria ..... very narrow compass which can be described as follows:[a] the rights, which the petitioners are claiming, are emerging from statutory rules framed under section 48 of the electricity supply act, 1948, i.e., regulation 79 [c] [k] of the maharashtra state electricity [classification & recruitment] regulations, 1961.[b] the opportunity of employment applied only to grade-iii and grade- ..... in the classification and recruitment regulations, 1961 formulated by the board in exercise of power conferred under section 29[c] and [k] read with section 15 of the electricity supply act, 1948 named mseb classification & recruitment regulations, 1961.3. appendix 'f' to the recruitment regulations deals with the employment of the land affected persons and provides for guidelines to be .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Aug-17-2007
Reported in : (2008)111ITD190(Mum.)
..... to the profits derived from any trade or business carried on by the assessee other than the industrial undertaking. while considering again the scope of section 15c of the it act, 1922, the court held that the new industrial unit would not lose its separate and independent identity even though it has been set up by a company which is already running an ..... ownership does not render undertakings, which are otherwise capable of being separated into a common undertaking. while considering the exemption available to an assessee under section 15c of the it act, 1922, the court held that exemption is confined to profit derived from the industrial undertaking and cannot operate in respect of any profit derived by the assessee from any trade or business ..... other than the industrial undertaking. in this context, the court held that section 15c of the it act, 1922 does not make an industrial undertaking per se the unit of assessment. there is a clear distinction between the assessee and the industrial undertaking. in this ..... could be classified as a newly established industrial undertaking and will qualify for the relief. in this case again, the calcutta high court was considering a case in the light of section 15c of the old it act, 1922. the court observed that section 15c makes a distinction between the assessee and the industrial undertaking. the unit of assessment is the assessee and not .....Tag this Judgment!