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where writ petition before the high court was otherwise maintainable, suppression of filing of a civil suit which was withdrawn within two weeks of its filing .....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
..... the tribunal in appeal no.447/2015 and impugned assessment order dated 14.08.2014; (f) that this hon'ble court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ or order or direction under article 226 of the constitution of india ordering and directing the respondents by themselves, their officers and subordinates (i) to withdraw and/or cancel impugned order dated 17.07.2015 passed by the ..... by a transfer of documents of title to such goods to a registered dealer, if the goods are of the description referred to in sub-section (3) of section 8, shall be exempt from tax under this act: provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed ..... liable to pay tax under this act on a sale of any goods effected by him in the course of inter-state trade or commerce notwithstanding that no tax would have been leviable (whether on the seller or the purchaser) under the sales tax law of the appropriate state if that sale had taken ..... the petitioners therein challenged the circular dated 28th november, 2005 issued by the commissioner of trade tax, uttar pradesh, lucknow, wherein it has been mentioned that under section 6a of the cst act, form 'f' is required to be filed in respect of all transfer of goods which are otherwise than by way of sale and also applies to all goods sent ..... bihar .....
Tag this Judgment!Court : Mumbai
Reported in : [1967(14)FLR97]; (1966)IILLJ446Bom
..... be the true position, in formation of the opinion that the alternative scheme was a matter connected with the industrial dispute which was referred, the appropriate government obviously appears to be considering matters extraneous to the issue which it had to consider or was taking into account matters not relevant to the ..... it is indeed true that the formation of the opinion by the appropriate government that an industrial dispute exists is left to the satisfaction of the appropriate government and the scheme of the act is that if the appropriate government considers that an industrial dispute exists and makes a reference in respect thereof, it is not open to the court to consider whether ..... assuming, however, that we are not correct in our conclusion that it is not left to the subjective satisfaction of the appropriate government as to whether a particular matter is connected with the industrial dispute or not, still, in our opinion it would be open to the party to say that in the formation of the opinion that a particular ..... ), the facts were : by the first notification the government of bihar referred an industrial dispute between the management and their 31 workmen. ..... 21 of the general clauses act was advanced before their lordships that the state of bihar had power to make notification from ..... learned judges have considered the various decisions including the decision of their lordships of the supreme court in state of bihar v. d. n. ..... bihar ..... placed reliance on state of bihar v. d. n. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom224; (1965)67BOMLR101; ILR1965Bom394; 1965MhLJ290
..... the purpose of maintaining road communication or irrigation or water supply service as the case may be) the collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the (appropriate) government or the commissioner enter upon and take possession of such land, which shall thereupon vest absolutely in the (government) free from all encumbrances: provided that the collector shall not take possession of ..... much is clear from the opinions set out above: it cannot include a change of policy'.in rajnarain singh's case, : [1955]1scr290 , there were impugned two notifications issued under sections 3(1) (f) and 5 of the patna administration act of 1915 (bihar and orissa act 1 of 1915) as amended in 1928 whereby the local government was empowered in effect:(1) con cancel or modify any existing municipal laws in the patna administration area: (2) to extend to this area all or any of the ..... the definition as it stands after amendment is as follows:'(f) the expression 'public purpose' includes (1) the provision of village sites in districts in which the (appropriate) government shall have declared by notification in the official gazette that it is customary for the government to make such provisions (and it housing scheme as defined in the land acquisition (bombay amendment) act, 1918: and (2) the acquisition of land for purposes of the development of areas from public revenues or some fund controlled or managed by a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom324; 1975CriLJ1828; 1975MhLJ822
..... of june 1975, but before the commencement of this section, shall unless such person is sooner released from detention be reviewed within fifteen days from such commencement by the appropriate government for the purpose of determining whether the detention of such person under this act, is necessary for dealing effectively with the emergency in respect of the which the proclamations referred to in sub-section (1) have been issued (hereafter in this section referred to as the emergency ..... across orders of this kind by which citizens are deprived of their fundamental right of liberty without a trial on the ground that the emergency proclaimed by the president in 1962 still continues and the powers conferred on the appropriate authorities by the defence of india rules justify the deprivation of such liberty, we feel readily disturbed by the though that continuous exercise of the very wide powers conferred by the rules on the several authorities is likely to make ..... . emperor, and particularly towards the following observations:'it was no doubt open to the detenu to show that the order was not in fact made by the governor of bihar or that it was a fraudulent exercise of the power ..... the state of bihar (cit, supra); jaichand lal sethia v. ..... . the province of bihar and m. r. s ..... . the province of bihar : air1939pat1 , (4) m. r. s ..... state of bihar (cit. ..... the state of bihar, : 1966crilj608 . ..... in state of bihar v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom
..... of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner. ..... . if the government exercises its power of review in terms of section 25-o(5), it essentially has to have the order before it to review it and to say that the appropriate government while exercising the power of review under section 25-o(5) is debarred from looking into the records which resulted into passing of the final order would be opposed to any known cannons of legal ..... while construing the provisions of section 25-o of the industrial disputes act, 1947 (hereinafter for brevity referred to as the `act'), learned single judge of this court took a view that on a reference under section 25-o, the application for closure is referred and not merely the order passed by the appropriate government and the industrial tribunal would have, therefore, to consider the application for closure de ..... 2004 dated 12th august, 2005 is challenged in the original ..... state of bihar : [1975]3scr942 , the doctrine of merger usually applicable to orders passed in exercise of appellate or revisional jurisdiction was held to be applicable also to orders passed ..... bihar .....
Tag this Judgment!Court : Mumbai
..... thus, it can be said that despite an alternative remedy, the writ petition can be entertained in appropriate cases where there is violation of principles of natural justice, or procedure required for decision has not been adopted or there is an allegation of infringement of fundamental rights, or where the orders or proceedings are wholly without jurisdiction or the virus of an act is challenged or when it is shown that it would be a case of palpable injustice to the petitioner to force him to adopt remedies provided by the statute ..... apprehension of the respondent that the petitioner may go abroad if released, can be alleviated by imposing appropriate conditions and or securing an undertaking that he will not leave the country during the pendency of the ..... the application dated 23.12.2014 filed by the petitioner was rejected vide order dated 29.12.2014 since the petitioner had failed to satisfy the condition as stated under rule 78 and 79 of schedule ii of income tax act and also failed to pay the dues or furnish security towards the dues and further failed to furnish any proposal as to how he was going to repay the dues. ..... tax recovery officer has resorted to the mode of arrest and detention, it is necessary to refer to part v of schedule ii to the income tax act, which deals with the mode of arrest and detention of the defaulters and which reads as follows:- 73. ..... of bihar and ..... air 2005, sc 3936, the apex court has reiterated the parameters for exercise of such discretion as follows .....
Tag this Judgment!Court : Mumbai
..... words santosh maruti mane is suffering from mental ailment and for the purpose of giving him treatment and keeping him under observation it is necessary to take him in custody and keep him at appropriate place and, thereafter on the next page in para 3 it is printed that i have formed my opinion on the following reason a) after i myself observed the patient i found the following symptoms ..... we are of the view that firstly the prosecution has discharged its initial burden and, on the other hand, the accused has not established that at the time of doing the act he was either incapable of knowing the nature of the act or that what he was doing was either wrong or contrary to law and as such we are of the view that the benefit which is available under section 84 of ..... examined him and assuming that this state of mind had set in by the day on which the incident took place, the accused was capable of knowing the nature of his act and after the knowing the nature of his act he was also capable of knowing that what he was doing was either wrong or contrary to law, then naturally the accused would not get the benefit of section 84 of the ..... does not act on any spur of the moment provocation and he indulged himself in a deliberately planned crime and meticulously executed it, the death sentence may be the most appropriate punishment for ..... . munna choubey and another(2005) 2 scc 7107.bablu alias mubarik hussain vs. ..... . state of bihar (2013) 10 scc 421), the apex court in ..... state of bihar(2013) .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... the functions under clause (v) or clause (vi) of section 68 cease to exercise the powers and perform the functions and duties which the special area development authority is competent to exercise and perform under the act of 1973 section 68 defines the functions of the special area development authority one of which as prescribed by clause (v), is to provide the municipal services as specified in sections 123 and 124 of the m. p. ..... the lands vest in central government as per the scheme of respective acts, state government cannot take any step which will have the effect of preventing or delaying appropriate user of such property as mine by it or then by government company ..... 2007 at mouza ghugus are said to be unauthorizedly converted for non-agricultural purpose since 1973 -- 74 and by inviting attention to order of tahasildar, chandrapur dated 3/3/2005, it is pointed out that the nonagricultural tax there is for such unauthorized user for residential and for industrial/official use. ..... the state of bihar, the fact that all its shares were held by the president and certain officers of the central government did not make any difference to that position ..... state of bihar (supra) is on issue of liability to pay dead rent when there is no lessor-lessee relationship and lands acquired were virgin ..... state of bihar : [1970]2scr100 , on which the learned attorney general relies, is ..... state of bihar (supra) is the judgment in case of a virgin land & attention is invited to pleadings in w. ..... of bihar. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR591; 2008(4)BomCR688
..... prayer in relation to giving effect to the judgment of the supreme court in prakash singh's case (supra), we would only observe that every state and, in this case, the maharashtra state government would no doubt shall take appropriate steps in furtherence to the judgment of the highest court of the land and without any undue delay.40. ..... it is also specified in the letter that while sending the proposal to the ministry, the integrity certificate of the appropriate authority could be enclosed which was not done in the present case. ..... -where the central government is satisfied that the operation of(i) any rule made or deemed to have been made under the all india services act, 1951 (61 of 1951), or(ii) any regulation made under any such rule, regulating the conditions of service of persons appointed to an all india service causes undue hardship in any particular case, it may, by order, dispense with or relax the ..... the petitioners filed applications under the right to information act, 2005, seeking copies of the relevant files. ..... the competent rule making authority, and in the present case the central government, will have the power to issue appropriate orders even in individual cases in absence of any specific rule. ..... if the central government has exercised its power of approval under its residuary power vested by virtue of rule 3, then the decision is devoid of any reasoning much less appropriate reasons guided by any rule or policy of the government. ..... state of bihar v. .....
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