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People Union for Civil Liberties Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2001(1)AWC1; (2001)1UPLBEC3

..... amendment act, 1963 and it has been renumbered as clause (2) by the constitution (forty-second amendment act ..... high court at allahabad before the appointed day :provided that if after any such proceedings have been entertained by the high court at allahabad, it appears to the chief justice of that high court that they ought to be transferred to the high court of uttaranchal, he shall order that they ..... (1) and (2) of this section or in section 28, but save as hereinafter provided, the high court at allahabad shall have, and the high court of uttaranchal shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the ..... until its final determination ;(2) an action is pending when it is duly entered in court and entry of action in court is made by entry on docket of title of case by proper officer in due course of his official duty ;(3) an action is pending from time of filing the complaint until its final determination on appeal.black's law dictionary. ..... state of bombay : air1959bom363 , it was held that a certificate of the chief justice of the former high court of judicature at nagpur under section 59 (2) of the said act is not an ..... state of bombay : 1957crilj605 , it was held that a legal proceeding is pending as .....

Amratlal Valji Since Deceased Hemant Amratlal Valji and anr. Vs. Dr. G ...

Court : Mumbai

Reported in : 2007(1)BomCR390; 2006(5)MhLj560

..... or sanatorium,] or a person having any accommodation in a hotel, lodging house, hostel, guest house, club, nursing home, hospital, sanatorium, dharmashala, home for widows, orphans or like premises, marriage or public hall or like premises, or in a place of amusement or entertainment or like institution, or in any premises belonging to or held by an employee or his spouse who on account of the exigencies of service or provision of a residence attached to his or her post or office is temporarily not occupying the premises, provided that he or she ..... by maharashtra act 17 of 1973 the provisions of the bombay rents, hotel and lodging house rates control act, 1947 were amended inter alia to incorporate by section 15a a protection to licensees who were in occupation of premises on 1st february, 1973 ..... the certificate stated that due to the nature of his duties as assistant medical officer (surgeon) during his service the first respondent was required to reside in earmarked railway quarters at kalyan attached to that post ..... insofar as the second submission is concerned, it would be necessary to advert to the relevant provisions of law ..... the second was a suit instituted by the respondent in march, 1979 for possession, under section 41 of the presidency small causes courts act, 1882 ..... the second part expands upon the ambit of the expression by the use of the words 'includes ..... the second important circumstance is the absence of any cogent evidence that will support the case of fraud or .....

Municipal Corporation of Guntur Vs. B. Syamala Kumari and anr.

Court : Andhra Pradesh

Reported in : 2006(6)ALD500; 2006(6)ALT771

..... such being the legal position, it is of utmost importance after the forty-second amendment as interpreted by the majority in tulsiram pateps case (supra), that the appellate authority must not only give a hearing to the government servant concerned but also pass a reasoned order dealing with the contentions raised by ..... the mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. ..... , which required payment of subsistence allowance of re.l/- per month to a government servant on his conviction and sentence in a criminal case, pending appeal, was in issue before the supreme court and it is in this context that it was held:.the second proviso to rule 151(1)(ii)(6) of the bombay civil services rules is void as it offends articles 14, 16 and 21 of the constitution. ..... to be quashed and the respondent is to be treated under suspension till the disposal of criminal appeal by the high court.....before we part with this case, we would like to refer the decision of this court in the case of state of maharashtra v. ..... he relied on the judgment of the apex court in state of maharashtra v. ..... it is the duty of the high court, whatever be its view, to act in accordance with article 141 of the constitution of india and to apply the law laid down by the supreme court. .....

St. John's Teacher Training Institute for Women Vs. Union of India (UO ...

Court : Karnataka

Reported in : 2003(1)KarLJ244

..... article 226 may lead to hardships to the persons seeking prerogative writs against the central government or the authorities having seats outside the territorial jurisdiction of the high court, by the constitution (fifteenth amendment) act, 1963 inserted clause (1-a), after clause (1) of article 226, which was subsequently renumbered as clause (2) by the constitution (forty-second amendment) act, 1976 ..... , on merger of original order passed within the territorial limits of the high court with the appellate order passed outside its jurisdictional limits, no part of cause of action survives for entertaining the petition filed under article 226 questioning the validity of the appellate order by the said high court ..... opinion, this judgment cannot be of any help for deciding the jurisdiction of this court as it stood before the constitution (fifteenth amendment) act, 1963 and therefore the supreme court had no occassion to examine the purpose, intent, and effect of clause (2) of article 226 of the constitution as inserted by the constitution (fifteenth amendment) act. 19 ..... court on account of office of the 3rd respondent-regional committee being located at bangalore, still, jurisdictional high court for the petitioner will be madras high court and therefore this court will not entertain writ petition and the .petitioner has to seek relief before the madras high court only.20 ..... certain goods from outside the country which were received at bombay and customs duty was levied upon it ..... of maharashtra and .....

Km. Indu Mishra and Etc. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2003CriLJ4944

..... said detention order is approved by the state government the detaining authority can entertain a representation from a detenuand in exercise of his power under the provisions of section 21 of the bombay general clauses act, could amend, vary or rescind the order as is provided under section 14 of maharashtra act. ..... revocation of a detention order (hereinafter in this sub-section referred to as the earlier detention order) shall not (whether such earlier detention order has been made before or after the commencement of the national security (second amendment) act, 1984, bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 againstthe same person : provided that in a case where no fresh facts have ..... so long as the order of detention has not been approved by the state government in a case where an order of detention is issued by an officer other than the state government under sub-section (2) of section 3 of the maharashtra act would constitute an infraction of valuable right of the detenu under article 22f5) of the constitution and the ratio of the constitution bench decision of this court in kamlesh kumar's case (supra) would apply notwithstanding the fact ..... it was the duty of the district magistrate to have decided the petitioner's representation made to him on the merits of that representation, but in this case it seems that the district magistrate has rejected the representation merely because .....

Ashok Kumar Dixit Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1987All235

..... of, list ii of the constitution, as it stood before its amendment by the constitution (forty second amendment) act, 1976.56. ..... the defendant asserted to punish him criminally would be cruel and unusual punishment, contrary to the eighth amendment, as applied to the state under the fourteenth amendment, since the defendant was afflicated with the disease of chronic alcoholism and his appearance in public was ..... remarking ;'he observed : i am inclined to think that the presence of the due process clause in the 5th and 14th amendments of the american constitution makes significant difference to the approach of the american judges to the definition and evaluation of the constitutional ..... which a judge may not in fact be biased and yet the accused may entertain a reasonable apprehension on account of attendant circumstances that he will not get a ..... said that the constitutionality of a law is to be presumed, because the legislature, which was first required to pass upon the question, acting, as they may be deemed to have acted, with integrity, and with a just desire to keep within the restriction laid down by the constitution upon the action, have adjudged that ..... maharashtra ..... the bombay high court struck down the act on the ground that the act confers jurisdiction on the new court not only in respect of matters which the provincial legislature is competent to legislate, but also in regard to matters in respect of which only the ..... used to overawe a special judge in the discharge of his duties. .....

Daggupati Jayalakshmi Vs. the State

Court : Andhra Pradesh

Reported in : 1993CriLJ3162; II(1993)DMC581

..... the indian penal code comprising of an independent chapter was inserted by the criminal law (second amendment) act, 1983 (46 of 1983) with effect from 25th december, 1983. ..... the high court feels that ends of justice require that an order should be made in an application, although the application is not contemplated by the code, the high court will entertain the application and make the necessary orders to secure the ends of justice. ..... is effected voluntarily and they are living peacefully forgetting their past events in the case or re-union or in the case of divorce they are at liberty to live separately, in either way we feel that it is the duty of the court not to disturb the calm atmosphere that has been created in their matrimonial life by not exercising the power under section 482, cr.p.c. ..... section 561-a was enacted to emphasis the fact that the high court has the widest jurisdiction to pass orders to secure the ends of justice, section 561-a must give the power to the high court to entertain applications which are not contemplated by criminal procedure code. ..... scrutinised and examined whether there has been miscarriage of justice in any particular case before it entertains any such petition filed by an unsuccessful party. ..... of maharashtra, : ..... bench of the high court of bombay also had an occasion to consider the inherent powers of the high court under section 561-a of the criminal procedure code, 1898 (old code), corresponding to section 482 of the new code, in state of bombay v. .....

Radhika George and ors Vs. 6 Tanishq Builders.

Court : Mumbai

..... which have been established before the commencement of the maharashtra housing and area development (second amendment) act, 1992 (mah. ..... thus, the said society would be entitled to an area admeasuring 15,470.40 m2, that is, (6188.16 x 2.5), the material particulars whereof are as under:- total fsi available to the said society under amended dcr 33(5), that is,6188.16 x 2.5 = 15470 m2 fsi granted as per noc dated 19.7.2008 = 5532.49 m2 -------------------- balance available fsi to the saidsociety upon payment of additional premium=9937.91 m2 in addition thereto, pro rata of ..... tenements in their use, occupation and possession and to shift to the transit camp accommodation as described in the show cause notices dated 16.5.2010, within a period of 7 days from the date of receipt of this order, failing which action for their summary eviction under section 95a of the mhad act, 1976 be taken against them.since the tenement of non cooperative member no.9 is demolished on 25.8.2008, the above proceedings under section 95a ..... a statement in bombay city civil court suit ..... society submitted the mou dated 19 march 2006 and the development agreement dated 18 april 2006.the petitioners filed bombay city civil court suit no. ..... april/may 2006, the petitioners filed bombay city civil court suit no. ..... board in column 2 of the table.tablename of the area of jurisdiction board districts1 the mumbai (a) the city of housing and mumbai area (substituted for the development words "city of board bombay" by mah. .....

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

Court : Supreme Court of India

Reported in : 2010(1)BomCR614; JT2010(1)SC259; 2010(I)OLR(SC)306; 2010(1)SCALE188; (2010)3SCC83; [2010]98SCL139(SC); 2010(1)LC454(SC)

..... by the banker because of insufficiency of funds in the account, a penal offence for the drawer that would make him liable to punishment with imprisonment that might extend to one year (now, two years after the second amendment with effect from february 6, 2003) or with fine that might extend to twice the amount of the cheque or both; the four clauses of the proviso then laid down the preconditions to attract the section, ..... negotiable instruments act was amended first by the banking public financial institutions and negotiable instruments laws (amendment) act, 1988 and a second time by the negotiable instruments (amendment and miscellaneous provisions) act, 2002. ..... number of complaints which are pending in bombay courts on the date of the report, there were 5,91,818 cases pending in sub-ordinate courts of state of maharashtra, 1,57,191 cases pending in the sub-ordinate courts of state of karnataka, 1,10,311 cases pending in the sub-ordinate courts of state of kerala and 5,14,433 cases in the sub-ordinate courts of the state of delhi under section 138 of the negotiable instrument act. ..... when any such application is made it is the duty of the court to call such person to the court for the purpose of being examined.24. ..... the judge's duty is to interpret and to apply the law not to change it to meet the judge's idea of what ..... ...it is not the duty of the court either to enlarge the scope of the legislation or the intention of the legislature when the language of the provision is plain and .....

Bombay Environmental Action Group and Another Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 1999(1)BomCR455

..... that under section 36-a of the maharashtra land revenue code, no occupancy of tribal can be transferred after the commencement of the maharashtra land revenue code and lands (amendment) act, 1974 in favour of non- ..... the industrial zone of a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the maharashtra regional and town planning act, 1966 or any other law for the time being in force or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such ..... the industrial zone of a draft or final regional plan or draft interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the maharashtra regional and town planning act, 1966 or any other law for the time being in force, or the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such ..... is clear, therefore, on a consideration of the provisions of the bombay town planning act, 1954 and especially the sections of that act referred to above, that the corporation is exclusively entrusted with the duty of framing and implementation of the planning scheme and, to that end ..... facilities for playing badminton, tennis, table tennis, water sports or any other game or facilities for swimming or other facilities for entertainment, amusement and/or recreation. ..... will be second to none .....