Judgment Search Results Home > Cases Phrase: bombay judicial proceedings regulation of reports act 1955 maharashtra section 3 restrictions on publication of reports of judicial proceedings Page 1 of about 1,010 results (0.255 seconds)

Umanath Gopalkrishna Puthli Vs. the Shamrao Vithal Co-operative Bank L ...

Court : Mumbai

Reported in : (1962)64BOMLR700

..... well settled that every member of a tribunal that is called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially; and it is of the essence of judicial decisions and judicial administration that judges should be able to act impartially, objectively and without any bias. ..... to the parties that he owned one share in the bank he could then have proceeded with the appeals, if the parties had not objected to his hearing them. ..... therefore, some pecuniary interest, though very small, in the subject-matter of the proceedings, for the bank was claiming a very large amount from the petitioner. ..... under regulation 24 of the bombay cooperative tribunal regulation, the bench must consist of not less than ..... it has, therefore, been held that any pecuniary interest, however small, in the matter in dispute, disqualifies a person from acting as a judge, unless the disability is removed by statute; see halsbury's laws of england, third edition, volume 11, page 67, and ..... 759, an incorporated public company filed a bill in equity against a landlord in a matter largely involving the interests of ..... made by the nominee, both the petitioner and the bank appealed to the maharashtra cooperative tribunal. ..... nadkarni has also stated in his report that before the appeals were actually taken up, he had mentioned to his colleague the fact of his ..... the petitioner and the bank were referred for decision to the registrar's nominee under section 54 of the bombay co-operative societies act. .....

Sadanand S. Varde and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)

..... by this letter, the government was responding to the representations made to it and was of the opinion that, in the larger public interest of the people of bandra, there was need for providing adequate space for recreation and it would be desirable if the bombay municipal corporation took suitable action under section 37 of the maharashtra regional town planning act by making a minor modification in the development plan of h-ward to extend the reservation of the park by including in the reservation r. s. ..... despite the awesome powers available in writ jurisdiction, the courts have constructively bridled this power and deferred to experts in matters of public interest where, in view of the amplitude of complexity and technical nature involved, judicial proceedings in the nature of a writ petition would be wholly inappropriate for determination of the issues thrown up. ..... (a) violation of coastal regulation zone (crz) rules : ***** the restrictions against construction in crz-i would apply only to a stretch of 500 metres from the high tide line as long as that area falls within the area declared as heritage monument under the mama act. ..... this was specifically suggested by the chartered accountants in their report dated july 10, 1992, as well as by the regional director for company affairs in his letter dated september 25, 1992. ..... cit : [1955]27itr1(sc) ). ..... cit : [1955]27itr1(sc) . .....

Shri Sanjay Z. Rane, Vs. Smt. Saibai S. Dubaxi (Since Deceased Through ...

Court : Mumbai

Reported in : 2009(111)BomLR2668

..... the removal of difficulties order, 1982, vide its clause (2) provides for adaptation of rules and forms used by the court of judicial commissioner immediately before the appointed day with suitable modification for proceedings before the bench of high court at bombay established under section 9 of 1981 act. ..... (2) the expenditure in respect of the salaries and allowances of the judges of the common high court shall be allocated amongst the states of maharashtra and goa and the union in such proportion as the president may, by order, determine. ..... the question was considered in the background of contention that after deletion of restriction in section 25, there was no bar for court to grant any compensation higher than the one awarded by the collector. ..... our attention has been invited to new survey map at exhibit p.w.1/b to show that there is public road on its southern side which goes from bicholim to sanquelim. ..... by virtue of section 3 of 1963 regulation, court of judicial commissioner was constituted with such number of additional judicial commissioners that central government decided for goa, daman and diu because of section 8 and section 11. ..... reported at : [2002]3scr1098 wherein the honble apex court has considered the provisions of section 52 of states reorganisation act, 1956 and it is contended that said provision is pari materia with section 4 of 1981 act or section 22 of 1987 act. .....

Mrs. Vanmala Manoharrao Kamdi and Others Vs. the Deputy Charity Commis ...

Court : Mumbai Nagpur

..... we find, the object of the aforesaid bombay public trusts act, 1950 as revealed through its preamble is to regulate and make better provisions of the administration of public, religious and charitable trusts within the state of maharashtra. ..... sub section 1 of section 41e of the bombay public trusts act, 1950 reads thus: 41e (1) where it is brought to the notice of the charity commissioner either by the deputy or assistant charity commissioner through his report or by an application by at least two persons having interest supported by affidavit : (a) that any trust property is in danger of being wasted, damaged or improperly alienated by any trustee or any other person, or (b) that the trustee or such person threatens or intends to ..... if these provisions are carefully perused, it will be seen that the enquiry required to be made under these provisions, is in the nature of enquiry in the judicial proceedings. ..... misra case and madhulimaye case where the constitutionality of section 144 of the old code was challenged on the ground that it amounted to unreasonable restriction on the fundamental right of a citizen under article 19 (1) of the constitution, the challenge was repelled by relying upon these aspects to be found in the provision. ..... in the case of automotive tyre manufacturers association...versus...designated authority and others, reported in 2011 (2) supreme court cases 258, the apex court in paragraph no.80 concluded thus : 80. .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... act, 1881; (iv) section 9 of the opium act, 1878; (v) section 9b of the explosives act 1884; (vi) section 7 of the prevention of food adulteration act, 1954; (vii) section 10c of the essential commodities act, 1955; (viii) section 138a of the customs act, 1962; (ix) section 43e of the unlawful activities (prevention) act, 1967; (x) section 98-b of the gold (control) act, 1968; (xi) section 57 of the wild life (protection) act, 1972; (xii) section 18 of the foreign exchange regulation act, 1973; (xiii) sections 35 and 54 of the narcotic drugs and psychotropic substances act, 1985; (xiv) sections 3c and 3d of the epidemic diseases act, 1897; (xv) section ..... submitted that as the statements given under section 50 of the pmla are required to be signed and are given in the judicial proceeding within the meaning of sections 193 and 228 of the ipc, therefore, the presumption under section 80 of the 1872 act will apply and it shall be presumed ..... restriction which has the effect of promoting or effectuating a directive principle and such restriction can be safely presumed to be a reasonable restriction in public ..... in such manner as may be prescribed: provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a magistrate under section 173 of the code of criminal procedure, 1973 (2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned ..... bombay high court, wherein the maharashtra .....

Prof. Manohar Dhonde and Indian Bahujan Teachers Association (ibta), M ...

Court : Mumbai

Reported in : 2007(2)ALLMR717; 2007(1)BomCR417

..... to take cognizance of the complaints of petitioners regarding sexual harassment and thus provide relief to the petitioners by penalty to and compensation from wrong-doers (unfortunately he has not referred tuesday, december 05, 2006to existing provisions in bombay public trusts act, 1950 or maharashtra employees of private schools (conditions of service) regulation act, 1977 or rules thereunder, if any, those may be making provisions for actions against trust / trustees and/or staff of the trust / society. ..... it would be appropriate to notice the following observations of the constitution bench : but seeing that the commission of inquiry has no judicial powers and its report will purely be recommendatory and not effective proprio vigore and the statement made by any person before the commission of inquiry is, under section 6 of the act, wholly inadmissible in evidence in any further proceedings, civil or criminal, there can be no pint in the commission of inquiry making recommendations for taking any action 'as and ..... of the petitioners can be realized by comparing that the hon'ble the apex court refers to the parties by english alphabets in order to avoid embarrassment to the parties concerned which restriction was not observed by the petitioners who convened the press conferences or by the press while reporting as briefed by the petitioners and the aggrieved lady teachers). the observations relied upon by shri sagar killarikar, learned counsel from paragraph 43 run thus :43. .. .....

Govind Ragho Khairnar Vs. Municipal Corporation of Greater Mumbai and ...

Court : Mumbai

Reported in : 1998(1)ALLMR194; 1998(1)BomCR179

..... section (3) of section 64 of the act, the entire executive powers for the purpose of carrying out the provisions of the act vests in the commissioner subject to the express conditions mentioned in the act and clause (b) of sub-section (3) empowers the commissioner inter alia to exercise supervision and control over the acts and proceedings of all municipal officers and servant's subject to the regulations made under section ..... is satisfied that if some but not all of the findings of the tribunal were 'unassailable', the order of the governor on whose powers by the rules no restrictions in determining the appropriate punishment are placed was final, and the high court had no jurisdiction to direct the governor to review the penalty for as we have already ..... the chief minister of maharashtra on the public platform, conveniently ignoring the fact that you, being a public servant, are not supposed to or cannot make such public statements against one political ..... , though you were duty bound to take theactions as per the provisions of bombay municipal corporation act, 1888 and other relevant enactments and after following due process of law,you acted in contravention of the rules & regulations, and orders andinstructions of your superiors and thereby you undertook those demolition actions which ..... the four instances that have been referred to in the earlier part of this report, shri khairnar acted in utter disregard of the provisions of law and the orders of his superiors ..... acted in judicious .....

People's Movement for Civic Action through Its General Secretary, Patr ...

Court : Mumbai Goa

..... available in writ jurisdiction, the courts have constructively bridled this power and deferred to experts in matters of public interest where, in view of the amplitude of complexity and technical nature involved, a judicial proceedings in the nature of a writ petition would be wholly inappropriate for determination of the issues ..... of section 134 along with sections 47, 48, 50, 51, 52, 53, 54 and 55 of the tp act the court observed at page 198 of the judgment thus: it would be more reasonable to interpret section 43 of the act to mean that irrespective of the date of commencement all development and use of land on a development area would be subject to restrictions under said ..... no.6 is stated to have been revised from time to time for a period of three years each time under regulation 7 of the goa daman and diu panchayat regulations and building rules 1971 under the village panchayat regulations act, it is contended that plan (p.122) duly re-validated from time to time approving the deviations would be in ..... respondents. in this connection, it would be pertinent to note the observations of the apex court in the judgment reported in (2007) 14 scc 439 in the case of suresh estates private limited and others v/s municipal corporation of greater mumbai and others, ..... of kisan mehta and others v/s state of maharashtra and others has observed at para 38 ..... a learned single judge of the bombay high court held thus ..... the construction under the plan dated 31st may, 1955 (p.117) which is permitted by law as .....

E.P.F.Commissioner Vs. O.L.of Esskay Pharmaceuticals Ltd.

Court : Supreme Court of India

..... drt act and the securitisation act on the one hand and section 38-c of the bombay act and section 26-b of the kerala act on the other and the non obstante clauses contained in section 34(1) of the drt act and section 35 of the securitisation act cannot be invoked for declaring that the first charge created under the state legislation will not operate qua or affect the proceedings initiated ..... act, the securitisation act and sales tax legislations of different states as also section 14a of the workmen's compensation act, 1923, section 11 of the epf act, section 74 of the estate duty act, 1953, section 25 of the mines and minerals (regulation and development) act, 1957, section 30 of the gift tax act, 1958, section 529a of the companies act, 1956, section 46b of the state financial corporations act, 1951 and observed: under section 13(1) of the securitisation act ..... of banks, financial institutions or other secured creditors on the property of the borrower, then it would have incorporated a provision like section 529-a of the companies act or section 11(2) of the epf act and ensured that notwithstanding series of judicial pronouncements, dues of banks, financial institutions and other secured creditors should have priority over the state's statutory first charge in the ..... section 529-a(1) but it is restricted only to the extent specified in clause (b) of section ..... maharashtra ..... report in which specific reference was made to the provisions relating to mortgages under the transfer of property act .....

M.Azeez and ors. Vs. Indian Bank, Rep by Chairman and Managing Directo ...

Court : Chennai

..... under challenge in these writ petitions, it is necessary to extract the entire regulations 46(1) and (2) for better appreciation of the issue involved, which are as follows:"46(1)an employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, a provisional pension, equal to the maximum pension which would have been admissible to him, would be allowed subject to adjustment against final retirement benefits ..... secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned in section 5 of the official secrets act, 1923 (19 of 1923) which was obtained, while holding office in the bank so as to prejudicially affect the interest of the general public or the security of the state.c)the expression 'fraudulently' shall have the meaning assigned to it under section 25 indian penal code, 1860 (45 of 1860);d)the expression 'criminal breach of trust' shall have the meaning ..... conditions for grant of pension to a government servant of the state of maharashtra are regulated by the bombay civil services rules (hereinafter referred to as the rules ). ..... the joint commissioner of labour (appellate authority under the payment of gratuity act), trichy and others reported in 2012 (1) cwc 171 regarding the application of the payment of gratuity act in the absence of any law whether the gratuity can be withheld.10. .....