Court : Mumbai Nagpur
..... classification of buildings made under the provisions of the national building code of india, 2005. (2) notwithstanding anything contained in any law for the time being in force, no authority empowered to sanction the construction plan of any building or part of a building and to issue certificate of completion thereof, shall issue any certificate of ..... according sanction to the proposal of the corporation nor the date on which the enhanced rate shall come into force is published. it is to be noted that though the other provisions of the act would come into force from the date on which notification was issued under subsection 3 of section 1, in view of the provisions ..... (v) oberoi towers, 117 mtrs. and 35 floors, (vi) world trade centre, 111 mtrs. and 35 floors, (vii) express towers, 105 mtrs. and 25 floors, (viii) air india building, 105 mtrs. and 24 floors, (ix) kshitij apartment, 96 mtrs. and 33 floors. in other big cities and towns also such high rise buildings are coming up. recently .....
Tag this Judgment!Court : Mumbai Nagpur
..... , such issue to be decided by the court as a preliminary issue : (1) notwithstanding anything contained in this code or any other law for the time being in force, if, at the hearing of any application for granting or setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a receiver ..... as not maintainable. under these circumstances, it appears that the specific contention was raised by the defendant in the written statement that the defendant society is constituted under the act of 1960. it is a registered cooperative society and, therefore, it was essential for the plaintiff to give notice as required under the law. the issue was ..... apply to every suit in respect of any act touching the business of the society whether founded on contractual liability or in torts. an useful reference can also be made to the ruling in air 1984 sc 1043 in the case of bihari chowdhary and another vs. state of bihar and others wherein it has been held that .....
Tag this Judgment!Court : Mumbai Nagpur
..... issuance of process or may postpone the issuance of process and direct either investigation by police or ask the complainant to produce his evidence before him. when the magistrate acts in accordance with the provisions of section 202 of the code, he issues the directions on taking cognizance of the complaint. the order passed by the magistrate under ..... to refer to the decision rendered by the apex court in this regard. in the matter of devarapalli lakshminarayana reddy and others v. narayana reddy and others, reported in air 1976 sc 1672, the apex court has observed in para 14 as under :"14. this raises the incidental question: what is meant by "taking cognizance of an offence" ..... have examined the significance of section 202 of the code and the apex court, while dealing with the matter of mohinder singh v. mohinder pal and others, reported in air 1992 sc 1894, has observed in para 11 of the judgment as under : "the scope of enquiry under s. 202 is extremely restricted only to finding out the .....
Tag this Judgment!Court : Mumbai Nagpur
..... not laid down any legal proposition in this regard. not only this when hon. apex court delivered these judgments or when division bench decided wp 5555/2006, the ceiling act was in force. the aspect of its repeal is being commented upon little later by me. 15] division bench judgment of this court in ganesh rangnath dhadphale .vs. special land acquisition ..... is to be gone into. the earlier division bench has no reason to consider even this contingency and as such it has not laid down any law about it. in air 2004 s.c. 3491 "meher rusi dalal v. union of india" (from : bombay) , hon'ble supreme court has expressed as under :"17. ".mr. goswami also relied upon the case ..... reasoning could be deciphered upon reading the judgment in its entirity and then applying these principles to the subsequent cases. (reference : (i) union of india vs. godfrey philips india ltd., air 1996 sc 806, (ii) union of india vs. dhanwanti devi, 1996 (6) scc 44, (iii) state of tripura vs. tripura bar association .....
Tag this Judgment!Court : Mumbai Nagpur
..... that interim maintenance can be granted by family court under section 151 of civil procedure code, to wife and children in a suit for maintenance under hindu adoptions and maintenance act, 1956, filed against the husband. it is noticed by the hon'ble full bench that said view of madras high court was distinguished by calcutta high court ..... is possible. ii is important to note that in para 6, the full bench also noticed that suit before it was not under provisions of the hindu marriage act, 1955, but a suit of civil nature and hence under section 9 of civil procedure code. the prayer for interim maintenance therein was not one under section 24 of the ..... then had wife filed proceedings under section 125 of criminal procedure code. he has also relied upon the judgment in the case of abdul rahman vs. tajunnissa begum, reported at air 1953 madras 420, to urge that civil court cannot in exercise of inherent jurisdiction grant such relief. his contention is, such a relief is possible in present .....
Tag this Judgment!Court : Mumbai Nagpur
..... has been found to mean simplest or lowest pay and in case of respondent therein it is found to exceed rs 1000/ per month a ceiling limit then in force. hence it was concluded that respondent was pushed out of protective zone of enactment. rate of rs 72/ per day was without any allowances and finding reached is ..... all the judgments referred to above clearly contemplate undisputed or indisputable relationship between contesting parties to enable labour court or industrial court to exercise jurisdiction under u.l.p. act. once relationship is accepted, contention that said court can not examine nature of duties of such complainant employee or his status cannot be accepted. in present matters, ..... ltd and others (supra) and all earlier matters is itself vitiated as it does not consider relevant provisions of u.l.p. act. he has invited attention to judgment of hon'ble apex court reported at (1995) 3 scc 78 air 1995 s.c. 1137 (shramik utkarsh sabha v. raymond woollen mills ltd.) to urge that u.l.p .....
Tag this Judgment!Court : Mumbai Nagpur
..... a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory amendment ..... giving reasons for disagreement to part of the ratio in surya dev rai, the court said thus in para 23, 24, 26 and 32 : " (23) in mirajkar air 1967 sc 1 a ninejudge constitution bench considered the history of writ of certiorari and after considering the various english and indian decisions came to the conclusion "certiorari does not ..... the forum where such petitions will be heard."8. after referring to the judgment of bombay high court in the case of jhaman karamsingh dadlani v. ramanlal maneklal kantawala (air 1975 bom.182), and in particular para 4 thereof, the apex court in para 27 and 28 observed thus :" (27) from a perusal of paragraph 4 of jhaman .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 15, reproduced above. however, this is subject to the exceptions specified in the schedule and to the provisions of any enactment for the time being in force.11. section 16 of the said act deals with the exclusive jurisdiction of the court of small causes, the same being also relevant, is reproduced below :"16. exclusive jurisdiction of courts of small ..... . the said judgment is of, therefore, no help to respondent no.2.27. the judgment of the madras high court in sankararama aiyar v. r. padmanabha, reported in air 1916 madras 891 (2), decided the question whether an appeal lay to the district court of tinnevelly from the judgment of the additional district munsif of tinnevelly in original suit ..... small causes, is of no help to respondent no.2.28. the judgment of the allahabad high court in d.d. vidyarthi v. ram pearey lal, reported in air 1935 allahabad 690, is also on the provision of section 24(4) of the code of civil procedure and hence the same is also of no help to respondent no .....
Tag this Judgment!Court : Mumbai Nagpur
..... gupta dharamshala still exists. illegal and void order passed under section 22a cannot have the effect of wiping it out. there is no provision in the bombay public trust act, 1950, for its de registration. the trust has got open plot as its property. same can be put to appropriate charitable purpose. the law of the land records respondent ..... to plaintiff before it, cannot confer any benefit on him since the settler of trust had lost power to bequeath it by will. the observations apply with full force even in present circumstances.16. once it is found that the order of deputy charity commissioner of trust is without jurisdiction, the other questions like locus and status ..... can be applied, he has relied upon the judgment in the case of trustees of heh the nizam's pilgrimage money trust vs. i.t. commissioner, reported at air 2000 sc 1802.6. because of the objections on account of delay and laches, the learned counsel has invited attention to contents of writ petition particularly paras 1, 11 .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. union of india, reported at (1986) 1 scc 32, to explain the definition as contained in section 2(1)(h) of the mines act. the judgment in air india vs. nergesh meerza, reported at air 1981 sc 1829, has been pressed into service to show that there cannot be any estoppel against statute again for the reasons already recorded above. i ..... . similar obligation cast upon the employer by ncwa - iii which prevailed till signing of ncwa-iv is ignored. it needs to be noted that admittedly ncwa-iii remained in force till 31.12.1986 and has been replaced by ncwa-iv thereafter. cgit does not even consider this position & its impact.26. the provisions of rule 68 undoubtedly require ..... .23. the documents on which the petitioner placed reliance before cgit show that as per clause 8.9.0 of ncwa - iii, signed on 11.11.1983 and in force up to 31.12.1986, the agreement provided & required that such canteen would not be run by contractor. utensils and fuel was to be supplied by colliery management and .....
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