Court : Mumbai
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
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 : Income Tax Appellate Tribunal ITAT Mumbai
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!
Court : Mumbai
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
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 : Mumbai
Reported in : 2008(4)ARBLR313(Bom); 2008(5)BomCR196
..... , unless parties themselves expressly provide for a hierarchy among the different provisions or part of the contract' pollock & mulla, indian contract & specific relief act, 12th edition, pg. 267, volume 1.the courts may give effect to the intention of parties by...rejecting misnomers or surplusage [goldsmith ltd. v. baxter (1969) 3 all er 733]...and construing ..... by the institution of engineers cannot be faulted. in you one engineering and construction co. ltd. v. national highways authority of india : air2006sc3453 , the supreme court held thus:the arbitration agreement clearly envisages the appointment of the presiding arbitrator by irc. there is no qualification that the arbitrator has to be a different person depending ..... 44.2.25. a business like interpretation of contractual provisions must be adopted in construing contracts entered into by persons of business to govern business dealings. the court must ensure that interpretation of law in commercial cases must not be disjointed from the intent and object which those having business dealings seek to subserve. unless ..... recommending payments due to the contractor, issuing and valuing variations to the contract, recommending extensions of time and valuing compensation events.11. in interpreting a contract, the court cannot place emphasis on an isolated provision divorced from the context and unrelated to the other provisions which govern contractual obligations. contracts represent business understandings between the parties. .....Tag this Judgment!
Court : Mumbai
Reported in : 91SCL139(Bom)
..... in mind the observations made in the earlier part of this judgment and submit report to this court for such directions as may be advised.24. re.: company application no. 100 of 2008(a) the official liquidator has been appointed as provisional liquidator in terms of order dated 14-3 ..... movable assets could have been completed within a reasonable time), if not within the statutory period provided under section 457(2a) of the companies act. however, that happened only in 2003 and that delay is cited as justification not only for providing higher number of security guards round 'o ..... what prevented the official liquidator to proceed with sale of the properties in question in terms of provisions of section 457(2a) of the act within the specified time. if that were to be done within specified time, the necessity of continuing of such heavy security arrangement would not ..... company in liquidation for whom the official liquidator was expected to act as custodia legis. suffice it to observe that the claim of the applicant cannot be straightway accepted merely because of the communication from the ..... earlier part of this order i have already adverted to the pattern which flows from each assignment. the inescapable conclusion is, it is an act of commission and omission of the officials in the office of the official liquidator with purpose, completely disregarding the interest of the stakeholders of the .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(2)MhLj856
..... as against an express bar in some other enactment. 3.16 in a very recent case titled as hamida v. rashid @ rasheed (2008) 1 scc 474, the supreme court took the view that a procedural code, however, exhaustive, cannot expressly provide for all time to come against all the cases or points ..... of justice or for the purpose of carrying out the other provisions of the code. it is a well established principle that every court has inherent power to act ex debito justitiae to do that real and substantial justice for the administration of which alone it exists or to prevent abuse of ..... right in proceeding on the basis that the allegations in the complaint prima facie constitute an offence under section 4 of the act and issuing processes to the respondents. the high court, we cannot refrain from observing, might well have refused to invoke its inherent powers at the very threshold in order to ..... v. state of andhra pradesh and anr. air 2008 scw 11, the supreme court again permitted quashing of proceedings taken out against the husband under sections 498a of the code, 106 i.p.c. read with sections 4 and 6 of the dowry prohibition act, 1961, on the ground that the continuation of ..... the process of the court. 3.17 still in one more recent judgment in som mittal v. govt. of karnataka special leave petition (cri.) no. 1719 of 2006 decided on 29.1.2008, the supreme court .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(5)ALLMR376; 2008(4)BomCR653; 2008(5)MhLj436
..... . dabholkar, j.1. feeling aggrieved about the manner of implementation of government guidelines pertaining to appointment of project affected persons (pap for short), the petitioner has approached this court with prayer for threefold relief as under:(a) quash and set aside the requirement of submitting an application and competing with other candidates as provided in the advertisement dated 17 ..... , for which candidates are not available. (c) prohibiting the respondents and other authorities referred in section 10-6(a) and (b) of maharashtra project affected persons rehabilitation act, 1999 (act xi of 2001 for short) from filling in at least 5% posts in c and d category mentioned in the said sub-clauses, except from the category of project ..... is filed by shri abhijit bhande, working as tahsildar, raver, district jalgaon on behalf of respondent nos. 2 and 3, on 30.1.2008 and another reply is filed after arguments were over, on 29.2.2008 by shri sanjay bagade, chitnis (tahasildar), collector office, jalgaon. according to respondents, government has issued detailed instructions and guidelines for appointment of pap ..... radio, television and employment news bulletins; and then consider the cases of all the candidates who have applied.it must be taken into consideration that the honourable the apex court was dealing with general procedure for selection and appointment. it took a note of mischief at the level of employment exchange and, therefore, expressed that the candidates sponsored by .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(6)BomCR440
..... matter of such construction of the contract is established, there cannot be any justification for interference in the award under section 34 of the said act. the decision of the apex court in (associated engineering co. v. government of andhra pradesh and anr.) reported in : 2scr924 , rather than lending any assistance to ..... the arguments advanced on behalf of the appellant, justifies the view that we are taking in the matter. the decision of the apex court in (oil & natural gas corporation ltd. v. saw pipes ltd.) reported in : 3scr691 , also is of no assistance in the matter in hand ..... the dry dock period/off-hire period, the contention contrary to the said finding cannot be entertained in petition under section 34 of the said act.15. whether there is a dispute regarding the fact that the goods were utilised for contractual operation or not is not a pure question of ..... regard arose in february, 1995 and hence the arbitral proceedings for the same could have been commenced, in terms of section 21 of the said act, within three years from the said date. referring to the letter dated 10-8-1998 by the respondent to the appellant, it was sought to ..... the impugned order of the learned single judge, the learned senior counsel appearing for the appellant submitted that in terms of section 21 of the said act, the arbitral proceedings commence on the day on which a request for the dispute to be referred to arbitration is received by the respondent. however .....Tag this Judgment!