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Javed S/O Sheikh Mustaque Patel Vs. State of Maharashtra Through the P ...

Court : Mumbai

Reported in : 2009(3)BomCR719; 2009(4)BomLR1451; 2009(2)MhLj925; 2009(3)AllMR40

..... in order to appreciate the rival contentions it would be appropriate to quote the relevant sections namely sections 16 and 44(1)(e) of the act and the explanation to section 44. ..... since no finding has been rendered by the authorities regarding the period of construction, the impugned orders dated 27.5.2008 and 3.11.2008 are liable to be quashed and set aside and are hereby quashed and set aside and the petitioner is restored forthwith to the office of councillor of ward no. ..... the collector held that the construction was illegal and consequently by order dated 27.5.2008 disqualified the petitioner under section 44(1)(e) of the act placing reliance upon the judgment of this court in the case of edwin francis britto v. ..... since we have held that a councillor can not be disqualified for carrying out illegal construction prior to his tenure as a councillor in terms of section 44(1) of the act, the impugned orders dated 27.5.2008 and 3.11.2008 passed by the collector and the state government and the judgment and order dated 18.6.2008 passed by the learned single judge in writ petition no. ..... since the issue involved stands concluded in favour of the petitioner, the impugned orders dated 27.5.2008 and 23.10.2008 passed by both the authorities below are liable to be quashed and set aside and are accordingly quashed and set aside. .....

Vikas Vs. The State of Maharashtra, through its Secretary, Department ...

Court : Mumbai Nagpur

..... similarly, we grant respondent no.5 liberty to make appropriate representation to respondent no.2 pointing out that as he may be the backward class candidate, who has secured highest marks, he should have been selected and appointed against appropriate backward class post. ..... we direct the respondent no.1 to file appropriate affidavit explaining the position within a period of four weeks from today. ..... he has invited our attention to government resolution dated 27.6.2008 to urge that as the petitioner is more in age, he needs to be appointed. 7. ..... in so far as clause no.6 of government resolution dated 27.6.2008 is concerned, it contemplates that when candidates have secured same marks, one who is more qualified educationally needs to be selected. ..... 2 employer are relying upon government resolution dated 27.06.2008 for said purpose. ..... the only relevant norm which can be looked into as per the government resolution dated 27.6.2008 is clause 6(6), i.e. ..... copy of this order be furnished to learned counsel for parties to act upon. ..... they also rely upon the very same government resolution dated 27.6.2008. 8. .....

The State of Punjab Through Its Vs. Sarbdeep Singh Virk, Ips S/O Shri

Court : Central Administrative Tribunal CAT Delhi

..... with a view to appreciate the contention of the learned counsel, it would be appropriate to re-produce section 24 of the administrative tribunals act, 1985, which reads as follows: notwithstanding anything contained in any other provisions of this act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application unless- copies of such application and of ..... be pleased to call for the records of the case from the respondent and after examining the same, quash and set aside the impugned suspension order dated 25th february, 2008 with all consequential benefits; (b) this hon'ble tribunal may further be pleased to direct the respondent no. ..... state of punjab was not given any opportunity to advance any arguments on the observation made or on the legality of the impugned suspension order dated 25.2.2008 as the bench observed that state of punjab is nobody to pass this order after respondent no. ..... fact, when present application came up for hearing after notice before this tribunal on 07.05.2008, by way of ad-interim order, it was ordered that mumbai bench may not pronounce ..... 692/ch/2007 has already been allowed, vide order dated 03.04.2008 wherein it has been categorically held that the respondent stands repatriated to government of maharashtra on 27.04.2007 itself.in yet another litigation respondent had filed a writ petition before the punjab & haryana .....

Dr. Dadasaheb S/O Popatrao Tarte Vs. the State of Maharashtra Through ...

Court : Mumbai

Reported in : 2009(111)BomLR3650

..... . if, after giving a reasonable opportunity of being heard to the genetic counselling centre, genetic laboratory or genetic clinic and having regard to the advice of the advisory committee, and appropriate authority is satisfied that there has been a breach of the provisions of this act or the rules, it may, without prejudice to any criminal action that it may take against such centre, laboratory or clinic, suspend its registration for such period as it may think fit or cancel its ..... dated 10/12/2007.c) it is further contended that the petitioner submitted an appeal under section 21 of the act before the state appropriate authority, pune which appeal was received on 25/02/2008, and was placed before the state advisory committee meeting held on 24/06/2008 wherein the order of cancellation was revised and the registration was suspended vide communication dated 12th august 2008 to the district appropriate authority and the same was communicated to the petitioner vide letter dated ..... 30th august 2008.d) it is further contended by the respondent that the petitioner has further submitted an appeal before the minister of health and family welfare, state of maharashtra dated 29/09/2008 which was kept before the advisory committee of which meeting was held on 23/03/ .....

Mahatma Gandhi Missions Institute Through Its Directorate Suryabhan Ap ...

Court : Mumbai

Reported in : 2008(5)ALLMR878; 2008(5)BomCR545

..... with above recorded findings and conclusions we issue directions as follows:(a) as far as all colleges of the petitioner institutions/trusts for the academic year 2007-2008 are concerned, the students who were admitted in furtherance to orders of the court against variation in intake of seats duly approved by the council, their admissions would not be disturbed. ..... another aspect of the case of the petitioners in all these petitions is that for the academic year 2007, they had admitted students under the orders of the court and for the academic year 2008-2009, they have already been granted approval by the aicte, director of education and their courses are being conducted in accordance with law. ..... therefore, we direct the office to place this petition before the hon'ble the chief justice on or before 22nd april 2008.that is how all these writ petitions after transfer have been listed before the full bench for answering the question of law and for settling the controversy arising from these orders.11. ..... it will not be appropriate for the court to require the parties including the authorities to act contrary to the framed rules and the notifications issued by the concerned authorities. ..... being influenced with this principle and keeping to the principles of judicial propriety, a division bench of this court to which one of us was a party, on 26th march, 2008 while placing the cases for settling the controversy and position of law, passed the following order:1. .....

Pavan Talkies Vs. Sri Rajesh Kumar, Ips, Superintendent of Police and ...

Court : Andhra Pradesh

Reported in : 2008(6)ALD460; 2008(6)ALT279

..... the events preceding order dated 24.04.2008, as discussed above, show that the said order was passed by this court to enable the licensee to run the petitioner theatre until such time as appropriate proceedings are initiated and orders passed by the competent authority for the alleged violation of the provisions of law governing exhibition of cinemas and the conditions ..... urvashi gulati : 2001crilj4204 the supreme court held that a proceeding under the extraordinary jurisdiction of the court in terms of the provisions of the contempt of courts act is quasi-criminal in nature, and as such, the standard of proof required is that of a criminal proceeding and the breach shall have to be established beyond all ..... into the issue whether the respondents indulged in acts of contempt, it is appropriate to briefly refer to the law of contempt. ..... earnest consideration, i am of the view that custodial sentence alone is appropriate which commensurates with the gravity of act committed by the respondents. ..... contended therein that even if the petitioner indulged in exhibiting an obscene film unauthorisedly, the respondents have no power of sealing the theatre under the andhra pradesh cinemas (regulation) act, 1955 and the rules made thereunder and that the joint collector is the competent authority to pass any order. ..... acts calculated at overreaching or circumventing the judicial orders passed by the courts are viewed with all seriousness they deserve and the perpetrators of such acts are appropriately .....

Jeewan Kumar Raut and anr. Vs. Central Bureau of Investigation

Court : Supreme Court of India

Reported in : AIR2009SC2763; 2009(57)BLJR2885; 2009CriLJ4109; (2010)1GLR300(SC); JT2009(9)SC188; RLW2009(2)SC2240; 2009(9)SCALE381; (2009)7SCC526; 2009(7)LC3135(SC)

..... -section (2) of section 16;(iii) to enforce such standards, as may be prescribed, for hospitals engaged in the removal, storage or transplantation of any human organ;(iv) to investigate any complaint of breach of any of the provisions of this act or any of the rules made thereunder and take appropriate action;(v) to inspect hospitals periodically for examination of the quality of transplantation and the follow-up medical care to persons who have undergone transplantation and persons from whom organs are removed; and ..... 2 along with other accused also filed application for grant of bail, which was also dismissed by the learned magistrate by an order dated 23.05.2008 holding that he had already taken a view while dealing with the application for grant of bail filed by the appellant no. 2.8. ..... the investigation was transferred to the central bureau of investigation, the respondent herein.it registered another fir on or about 8.02.2008 under sections 420, 342, 326, 506 and 120b of the indian penal code and under sections 18 and 19 of toho.4. ..... conceded position is that the complaint against the petitioners under the toho act was filed on 29.4.2008, which was within a period of 90 days in respect of all the petitioners. ..... amit, then it appears to me that this police report had been filed within the period of 90 days being filed on 29.4.2008...on the said reasoning, the learned magistrate dismissed the said application.7. .....

Vatika Farms Private Limited Through Its Director, Sh. Anil Bhalla and ...

Court : Delhi

Reported in : (2008)216CTR(Del)37; 2008(102)DRJ356; [2008]98ITR302(Delhi)

..... for all these reasons, we are of the view that the appropriate directions to issue in this batch of writ petitions would be as follows:(a) the application for settlement filed by the petitioners under section 245c of the act would not abate on 31st march, 2008. ..... ironically, however, instead of taking remedial steps, the finance act, 2007 was introduced whereby the period of four years was reduced to eight months (from 31st july, 2007 to 31st march, 2008) for the disposal of a settlement application, in so far as the petitioners are concerned.20. ..... even in the matter of grant of immunity from prosecution and penalties, there is no provision in the finance act, 2007 although the finance bill, 2008 has made a provision for it, with power being vested for granting immunity in the commissioner of income tax, through the insertion of section 273-aa and section 278-ab in the act.there is a fundamental distinction between a settlement under chapter xix-a of the act and a regular assessment through adjudication under the provisions of the act. ..... for these reasons, we are of the prima facie opinion that even though the settlement commission continues to exist, the requirement that the settlement application 'shall abate' if an order under section 245d(4) of the act is not made by 31st march, 2008 is unfair, unjust and arbitrary. .....

Rajinder Kishan Gupta and anr. Vs. Lt. Governor, Govt. of N.C.T. of De ...

Court : Delhi

Reported in : 166(2010)DLT278

..... when the government takes a decision, taking all relevant considerations into account and is satisfied that there exists emergency for invoking powers under sections 17 (1) and (4) of the act, and issues notification accordingly, the same should not be interfered with by the court unless the court comes to the conclusion that the appropriate authority had not applied its mind to the relevant factors or that the decision has been taken by the ..... of the hon'ble supreme court, land for the purpose of dmrc can be acquired only under metro railway (construction of works) act, 1978;(iii) there was no ground to invoke urgency clause under section 17 of land acquisition act as the respondents were guilty of delay and did not take steps before october 2008 to obtain possession of land in question and even after fresh acquisition was allowed by the hon'ble supreme court, the respondents ..... project was approved by the government of india way back on 4.12.2006, neither dmrc nor the government sought vacation of the status quo order passed by the hon'ble supreme court, at any time prior to october 2008 and therefore they cannot be allowed to take recourse to the urgency provisions to get out of a situation brought about by their own lethargy and delay. .....

Jagtar Singh and anr. Vs. State of Haryana and anr.

Court : Punjab and Haryana

..... a sequel to the above discussion, the instant petition succeed and the impugned notification under section 4 read with section 17(2)(c) of the act, dated 9.5.2008 (p-6), declaration under section 6 read with section 17 of the act, dated 12.9.2008 (p-7) and all the subsequent proceedings pursuance to such declaration are hereby quashed qua the petitioners. ..... however, the chief minister, haryana, did not deem it appropriate to set up the sewerage treatment plant inside the abadi area, as is evident from the letter dated 4.1.2008 (p-4), sent by the financial commissioner and principal secretary to government haryana, pwd (water supply and ..... but then that is not language of the section which in our opinion requires the appropriate government to further consider the need for dispensing with 5a inquiry in spite of the existence of unforeseen ..... in the case of any land to which, in the opinion of the appropriate government, the provisions of sub-section (1) or subsection (2) are applicable, the appropriate government may direct that the provisions of section 5-a shall not apply, and if it does do direct, a declaration may be made under section 6 in respect of the land at any time after the date of the publication of the ..... it is evident from letter dated 4.1.2008 (p-4), that the chief minister was of the opinion that treatment plant inside the abadi area was not an appropriate option and he had desired that other suitable site be located by the department for setting up of sewerage treatment .....