Court : Mumbai
Reported in : 2008(2)ALLMR214; 2008(4)MhLj534
..... ' therefore, it has to be read as notwithstanding anything contained in section 27 of the act, and therefore, what we find is that while implementing the provisions of section 73(1a)(a) there is no conflict with section 27 of the act and the committees can be constituted and elected as provided in sub-section (1a)(a) of section 73 of the act irrespective of the fact that the voting power of the member society or individual member regulated under sub-section (3) proviso and sub-section (3a) of section 27 of the act.the observations of the court are for the purpose of reconciliation of section 73(1a)(a) and section 27 as amended by act no. ..... as can be seen from the judgment in the matter of vasantrao and more particularly, paragraphs 12 to 16, the court was seized of the issue:what happens to the voting rights of the members who were enrolled in between two years prior to coming into force of the maharashtra amending act no. ..... the purpose behind such qualifying period of membership is obvious in the preamble of the amendment act no. ..... division bench of the bombay high court dismissed the writ petition in limini.in the appeal before the supreme court, although original petitioners sarvahsree more and mule, as also chairman shri patil, were recited as respondents and served, they neither appeared nor filed any replies. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom127; (1968)70BOMLR554; ILR1969Bom564; 1968MhLJ916
..... he has next contended that the definition in section 3(20) of the bombay general clauses act would not apply to section 167 of the bombay district municipal act, because the words in section 167a 'or in respect of any alleged neglect or default in the execution of this act' indicate that neglect and default are made actionable by section 167a and this clearly indicates 'something repugnant in the subject or context' - words occurring in the preamble part of section 3 of the general clauses act - so as to exclude the application of section 3(20) to section 167 of the bombay district municipal act. ..... he stated in his examination-in-chief that the varala dam was not within bhivandi municipal limits and that the staff working at the dam is paid and controlled by the health department of the government of maharashtra and that the contract for the re-construction was also given by that department. ..... at this stage we must mention that during the pendency of the suit, on 5th april 1965 the plaintiffs' advocate served on the defendants as well as their advocate a notice to produce documents (exhibit 74) asking them to produce in court on 7th april 1965, inter alia, correspondence with the government of maharashtra regarding the demolition and reconstruction of varala dam. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR477; 2006(2)MhLj748
..... in the case of bal shikshan mandal the school management had dismissed the employee and aggrieved thereby, he had filed an appeal before the school tribunal, solapur under section 9 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (hereinafter referred to as the meps act' for the sake of brevity). ..... preamble of the meps act reveals that the act came to be enacted to regulate the recruitment and conditions of service of the employees, to provide such employees security and stability of service, to enable them to discharge their duties effectively and efficiently. ..... 530 in relation to the college tribunal functioning under the bombay university act. ..... , as to whether the management has a right to lead evidence/ additional evidence before the presiding officer of the college tribunal constituted under the bombay university act. ..... the learned single judge placing reliance on a judgment rendered by a learned single judge in pralhadrai dalmia lions college of commerce and economics, bombay and ors. v. a.m. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)ALLMR114; 2003(2)BomCR231
..... a resolution dated 21st july, 1983 directing that the pension, gratuity and other retirement benefits admissible to the maharashtra state government servants under the maharashtra civil services (pension) rules, 1982, including the family pension, 1984 contained therein should be made applicable to the full time approved teaching and non-teaching staff in recognised aided non-government arts, science, commerce and education colleges and the non-agricultural universities in the state who retired on or after 1st october ..... dated 21st july, 1983 clearly stated 'government is not pleased to direct that the pension, gratuity and other retirement benefits admissible to the maharashtra state government servants under the maharashtra civil service (pension) rules, 1982, including the family pension scheme, 1984 contained therein should be made applicable to the full time approved teaching and non-teaching staff in recognised aided non-government arts, science, commerce and education colleges and the non-agricultural universities in the state. .... .... .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR347; 2006(1)MhLj308
..... (a) whether section 10 of the maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (for short, hereinafter referred to as 'the act') nullifies the government resolution dated 15-6-1995 and results in withdrawal of the benefits made available under the said government resolution, or, whether the act and the government resolution operate in a different area and hence there is no conflict 8. ..... xxiii of 2001 entitled the maharashtra scheduled castes, scheduled tribes, de-notified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) castes certificate act, 2000, the petitioner whose certificate has been invalidated by the authority concerned cannot enjoy the protection of employment under government resolution dated 15-6-1995. ..... in the said case, the division bench while dealing with the interpretation of section 10 and 11 of the act, as well as section 10(1-c) of the bombay provincial municipal corporations act, 1949, as amended by maharashtra act no. .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)104BOMLR434
..... are ready for final hearing, with consent of the counsel for the parties the petitions are taken up for disposal.the above petitions, giving rise to the public interest litigation assail the decision of the state of maharashtra to construct fly overs in the island city of mumbai in general and andheri fly over in particular for north and south traffic along western express highway covering three junctions, namely, bahar junction, gold spot junction and andheri kurla ..... (a) the said corporation shall take up the steps to modify uie said regulations as per 'annexure a' attached hereto and submit the modification proposal (hereinafter referred to as the 'said modification proposal') to the government for sanction after following the procedure laid down under section 37 of the said act. ..... contest of development plan:a development plan shall generally indicate the manner in which the use of land in the area of the planning authority shall be regulated, and also indicate the manner in which the development of land therein shall be carried out. ..... in absence of compliance with the procedure laid down under the provisions of section 37 of the act, millions of citizens residing in bombay and the unborn generations are likely to be affected by this development. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR16
..... , in view of the provisions of the bombay provincial municipal corporation act, 1949 (hereinafter referred to as the 'bpmc act' for the sake of brevity)?b) what is the true and correct scope of provisions of section 7 of the land acquisition act 1894 (hereafter referred to as 'the said act' for the sake of brevity)?c) whether the award is declared in breach of provisions of section 5-a of the said act?d) whether action under section 9 of the said act can be initiated before completion of all the steps to be taken under section 6 of the said act?e) when does the time start to run under section 11-a of the said act for making ..... in this development plan prepared under the maharashtra regional town planning act, 1966 (hereinafter referred to as the 'mrtp act'), the land under acquisition is shown in the 'hill top-hill slope' zone. ..... consequently in the development control regulations (dcrs) only restricted development has been permitted in this zone.5th july, 2000: the garden-superintendent of the said corporation sent a letter to the assistant municipal commissioner (special) of the said corporation, requesting that the lands set out in this letter be acquired for developing 'forest gardens' at three places in the city of pune. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)BomCR105; 2005(3)MhLj696
..... he points out that in view of the provisions of section 5 of maharashtra employees of private schools (conditions of service) regulation act, 1977, the petitioners were bound to fill in the vacancy by appointing him permanently on probation for a period of two years and after completion of that period respondent ..... has been included as a prescribed qualification for trained teacher in high school and junior colleges of education in schedule b of the maharashtra employees of private schools (conditions of service) regulation act and rules and therefore, respondent no. ..... ought to have been appointed on probation for a period of two years because of mandate of section 5(2) of maharashtra employees of private schools (conditions of service) regulation act, 1977. ..... 8 of this ruling reads as under :'coming to the challenge to the impugned orders on the two grounds as mentioned hereinabove, (in support of second challenge regarding the petitioner being a trained teacher), the petitioner has relied upon the government resolution dated 6-6-1983 issued by the government of maharashtra wherein it has been stipulated that the one year course of physical education conducted by the h.v.p. ..... in addition, the petitioner has relied upon clause 2(1)(ii) of schedule b to the maharashtra employees of private schools (conditions of service) rules, 1981 (hereinafter referred to as ..... he further points out the provisions of schedule b of maharashtra employees of private schools (conditions of service) rules, .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR501; 2003(6)BomCR778
..... the resolution dated 20-4-1978 was passed but it was not approved by the mhada, mumbai, as well as the state government and, more so, because of the provisions of regulation 6 of the maharashtra housing and area development (estate management, sale, transfer and exchange of tenements) regulations, 1981 (for short, regulations of 1981). ..... board of trustees of the port of bombay, : [1990]3scr825 .on the other hand, shri deshmukh, learned counsel appearing for the original petitioners, has supported the view taken by the learned single judge in writ petition no. ..... this communication came to be challenged on the ground of promissory estoppel, on the ground that the respondent was estopped from going back on the assurances and undertaking given in the letter dated 28-11-1953. ..... the lay out plans were sanctioned by the municipal council, ahmednagar, but the government of maharashtra issued a notification under section 4 of the land acquisition act, 1894, on 30th july, 1970, for acquiring total land of 4h. ..... the act forces no authority on the government to grant exemption from resumption and an undertaking not to resume will be invalid, and there can be no estoppel against a statute.'8. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR198; 2007(1)BomCR607; 2007(1)MhLj642
..... the regulations which are applicable in the instant matter are the maharashtra secondary and higher secondary education boards regulations, 1977 and we are concerned with sub-clause (3) of regulation 104 which read thus:(3) no candidate shall claim, or be entitled to revaluation of his answers or disclosure or inspection of the answer-books or other documents as these are treated by the divisional board as most confidential.the apex court interpreted clause 3 in the case of maharashtra state board of secondary and higher secondary education and another (cited supra) and in para ..... 20 has observed thus:.in our opinion, this interpretation of the concluding words .....
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