Court : Mumbai Nagpur
..... statutes which provide for rule making and regulation making without any added requirement of transparency, we would exhort parliament to take up this issue and frame a legislation along the lines of the us administrative procedure act (with certain well-defined exceptions) by which all subordinate legislation is subject to a transparent process by which due consultations with all stakeholders are held, and the rule or regulation making power is exercised after ..... consider the submissions of the petitioners that the state government has failed to take into consideration the objections raised by the petitioners and that the inquiry contemplated under the provisions of section 37 of the said act, required, that the state government ought to have taken into consideration each and every objection raised by the petitioners objecting to the modifications as proposed by the corporation and no proper opportunity of hearing was given ..... thus be seen that the subject which was for consideration before the general body was with regard to taking necessary steps for minor modification u/s.37 of the said act for publication of notice with regard to proposed modification, inviting objections and for authorising the municipal commissioner to take appropriate decision on the said objection and submit proposal to the state government. ..... scc 796 : (air 2004 sc 3502 : 2004 air scw 3352); bihar state electricity board v. ..... 2005, 5931 of 2005 and 6467 of 2005 ..... order dated 16th november, 2005 allowed the misc. .....
Tag this Judgment!Court : Mumbai Nagpur
..... under the andhra pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993, was conclusive and binding on the proceedings under the representation of the people act, 1951, he did not seriously pursue that contention, obviously because of the fact that the certificate issued under that act served a different purpose and could not stand in the way of an election petition filed under the representation ..... 27 observed:- article 226 of the constitution is couched in widest possible term and unless there is clear bar to jurisdiction of the high court its powers under article 226 of the constitution can be exercised when there is any act which is against any provision of law or violative of constitutional provisions and when recourse cannot be had to the provisions of the act for the appropriate relief. ..... (iii) and the fact that state of madhya pradesh has enacted the 'uchcha nyayalaya (khandpeeth ko appeal) adhiniyam, 2005" which is deemed to have come into force from 1.7.1981. ..... state of bihar (supra), hon'ble apex court has held that where writ petition before the high court was otherwise maintainable, suppression of filing of a civil suit which was withdrawn within two weeks of its filing ..... state of bihar (supra) and judgment of this court reported ghanshyams/o late gopaldas mohota ..... state of bihar (2004) 7 scc 166= air 2004 sc 2421 and judgment of this court reported at 2011(5) ljs 197 - ghanshyam s/o late gopaldas mohota .....
Tag this Judgment!Court : Mumbai Nagpur
..... and to continually offer opportunities of upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self-sufficiency by undertaking academic and ..... (6) the vice-chancellor may defer implementation of a decision taken or a resolution passed by any authority, body or committee of the university if, he is of the opinion that the same is not consistent with the provisions of the act, statutes, ordinances or regulations or that such decisions or resolution is not in the interest of the university and at the earliest opportunity refer it back to the authority, body or committee concerned for reconsideration in its next meeting within a reasons to ..... the petitioner relies upon the information provided to him under the right to information act, 2005 and submits that there is a correspondence repeatedly seeking explanation from the respondent no.1 in response to this ..... has placed reliance in this behalf on the judgment of the honble supreme court in the case of state of bihar vs. ..... relies upon following decisions in support of his submissions: (1) a.i.r 1958 supreme court 1018 (state of bihar vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and to continually offer opportunities of upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self-sufficiency by undertaking academic and ..... (6) the vice-chancellor may defer implementation of a decision taken or a resolution passed by any authority, body or committee of the university if, he is of the opinion that the same is not consistent with the provisions of the act, statutes, ordinances or regulations or that such decisions or resolution is not in the interest of the university and at the earliest opportunity refer it back to the authority, body or committee concerned for reconsideration in its next meeting within a reasons to ..... the petitioner relies upon the information provided to him under the right to information act, 2005 and submits that there is a correspondence repeatedly seeking explanation from the respondent no.1 in response to this ..... has placed reliance in this behalf on the judgment of the honble supreme court in the case of state of bihar vs. ..... relies upon following decisions in support of his submissions: (1) a.i.r 1958 supreme court 1018 (state of bihar vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... officer may (a) seize in any open place, or in transit any intoxicant, hemp, mohwra flowers or molasses or any other thing which he has reason to believe to be liable to [confiscation or forfeiture] under this act or any other law for the time being in force relating to excise revenue [and any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this ..... act;] (b) detain and search any person whom he has reason to believe to be guilty of any offence against this act or any other law for the time being in force relating to excise revenue and if such person has any intoxicant, hemp, mhowra flowers, molasses ..... (1) the [state] government may sanction the acceptance from any person whose license permit, pass or authorization is liable to be canceled or, suspended under the provisions of this act or who is reasonably suspected of having committed an offence under section 10[69, 70, 77, 82 or] 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, ..... appropriate to refer to a decision of this court in state of bihar ..... (1) ljsoft 130 = 2005 all mr (cri) 130 is the judgment dated 4.4.2005 delivered by the learned single ..... single judge's judgment reported at 2005 all mr (cri) 3100 ..... /2004 on 15.12.2005, is also .....
Tag this Judgment!Court : Mumbai Nagpur
..... the workman had worked for only eight months as daily wager and his termination has been held to be in contravention of section 25f of the industrial disputes act, 1947, whether the direction to the employer for reinstatement with continuity of service and 25 per cent back wages is legally sustainable. ..... in devindersingh municipal council, sanaur (supra) this law has been appropriately applied while holding that source of employment is not relevant for finding out whether a person is or is not a workman under section 2(s) of the industrial disputes act. ..... was engaged as daily wager on 01.03.1991 and he worked hardly for eight months from 01.03.1991 to 31.10.1991, honble apex court held that the labour court failed to exercise its judicial discretion appropriately and it suffered from serious infirmity. ..... invites our attention to constitution bench judgment reported at 2005 (2) scc 673( centralboard of dawoodi bohri community and ..... state of bihar and others (supra)), the hon'ble apex court has again noted the question of propriety of relief and the facts, there do not show availability of work for daily wagers or continuation of juniors ..... state of bihar (supra), needs to be looked ..... state of bihar and others (supra ..... state of bihar and others (supra) is pressed into service in ..... state of bihar and others (supra) is, therefore, stated to be not relevant for deciding the ..... state of bihar and others ( 1997 (4) scc 391) , the learned single judge has found that daily wagers like appellants do not .....
Tag this Judgment!Court : Mumbai Nagpur
..... other writ, order or direction in the similar nature thereby prohibiting respondent no.11 from trying, entertaining and deciding consumer complaint no.88 of 2013 filed by present respondent nos.1 to 8 before respondent no.11, under section 12 of the consumer protection act, 1986 as respondent no.11 has absolutely no jurisdiction, competence, authority and power to try, entertain and decide the same; (b) this honble court be pleased to issue a writ of certiorari and or any other writ, order and ..... direction in the similar nature and quash the proceedings initiated by present respondent nos.1 to 8 before respondent no.11 under section 12 of the consumer protection act, 1986 being consumer complaint no.88 of 2013 as respondent no.11 has absolutely no jurisdiction, competence, authority, and power to try, entertain and decide the same. ..... that we are not concerned, at this stage, with the grievances, if any, of the students against the management and for their action and inaction to file or initiate appropriate proceedings for damages and/or other reliefs. ..... the parties are at liberty to raise appropriate plea or defence including of jurisdiction before the consumer forum ..... observe that this is a perfect case to entertain the writ petition and to pass appropriate relief in the interest of justice. ..... therefore, to take appropriate steps in accordance with ..... statutory authority established under the bihar school examinations board act, 1952. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it was also felt expedient to define the expression capital outlay appropriately so that it would enable the state government to recover not only the costs of construction of bridge or tunnel or approach roads thereto but also cost of section of new road or bypass which is constructed, reconstructed, improved or repaired and ..... it can thus clearly be seen that the division bench in unequivocal terms held that in view of various amendments to section 20 of the said act, it is now not only permitted to recover the costs of certain anticipated works by defining the expression capital outlay but it is also permitted to the state government to recover the interest and reasonable return etc. ..... it would also be appropriate to refer to the observations of the apex court in the case of bengal immunity co. ..... it will be appropriate to refer to para 94 of the judgment of the hon'ble apex court wherein principles have been laid down by the hon'ble apex court, after considering the entire law on the subject. 94. ..... it will be appropriate to refer to paras 15 and 16 of the said judgment. 15. ..... state of bihar and others reported in air 1955 sc 661, wherein the apex court in paragraph 22, has explained the principle of interpretation which is commonly known as heydons rule or mischief rule . .....
Tag this Judgment!Court : Mumbai Nagpur
..... cotton seeds are covered under such rules.april 2006 :a report (11th report) was prepared by the standing committee on food, consumer affairs and public distribution for examination of the essential commodities (amendment) bill, 2005.the said committee came to a conclusion that all unnecessary and redundant restrictions which distort and impede operation of market forces should be removed and based thereon, recommended deletion of cotton seed from the ..... received by technology provider over the period of seven years in terms of royalty charges from farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said aspects the government of maharashtra has decided the maximum sale price ..... the reasons so recorded in the present case are based upon the provisions of those acts as well as the entries so referred above, which itself according to us, permits and empowers the state government to enact appropriate laws/orders to handle and/or cover the situation which admittedly till this date is vacuum not enacting the special law for controlling the cotton ..... state of bihar, (1983) 4 scc ..... state of bihar), (vi) (2003) 1 scc 228 (kanak gruh nirman sahakari sanstha narayan amma), (vii) (1990) 2 scc 562 (vijaykumar ..... state of bihar, (1999) 9 scc 620, state of j.k. v. ..... state of bihar v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... exists or is apprehended and if such a reference is made, it is legitimate expectation from the government wherever possible to indicate the nature of dispute in the order of reference; b) the order of the appropriate government making a reference under section 10 of the act is an administrative order and not a judicial or quasi judicial one and the court, therefore, cannot sit as if appellate court so as to examine the order of the reference meticulously to find out if ..... government to support its conclusion, as if it was a judicial or quasi-judicial order; c) an order made by the appropriate government under section 10 of the act being an administrative order, no lis is involved as such an order is made on the subjective satisfaction of the government; d) if it appears from the reasons given that the appropriate government took into account any consideration irrelevant or foreign material, then the high court may in a given case consider the ..... second punjab tribunal reported in 1957 i llj 460 (sc), the apex court has observed thus: ...it is clear that section 10 is not discriminatory in its ambit and the appropriate government is at liberty as and when the occasion arises to refer the industrial disputes arising or threatening to arise between the employers and the workmen to one or the other of the authorities ..... legality of the judgment and award, dated 9.6.2005 passed by the labour court, wardha in reference ..... state of bihar reported in 1989 ii llj 558 (sc), the apex court in .....
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