Court : Mumbai
Reported in : 1997(3)ALLMR58; [1997(75)FLR869]; (1997)IILLJ195Bom
S.B. Mhase, J. 1. This Letters Patent Appeal arises from the dismissal in limine of Writ Petition No. 70 of 1991 filed by the appellant before the Single Bench of this Court, on April 25, 1991. This appeal arises in the backdrop of the facts stated below. 2. The appellant is an employee of the respondent since November 14, 1971 and at the relevant time, was working as Foreman in the Composing Department of the respondent-Newspaper Establishment. Prior to January, 1981, the composing work of the respondent-Establishment was being carried out by hand composing. However, in January, 1981, the respondent installed photo composing machine, thereby introducing a new technique of without giving a notice under Section 9A of the Industrial Disputes Act, 1947 ('I.D. Act', for short). The respondent completely switched over their work of composing of newspaper on photo composing machine in October, 1981. On November 4, 1981, the respondent transferred appellant along with other 24 employees to Ja...
Tag this Judgment!Court : Mumbai
Reported in : AIR2003Bom150
ORDERJ.G. Chitre, J. 1. The Petitioner is hereby taking exception to the judgment and order passed by the Maharashtra Slum Areas (i.e. & R.) Tribunal, Bombay, in appeal No. 59 of 1983 whereby the appeal of the petitioner has been dismissed and the amount deposited by the petitioner has been directed to be paid to the Commissioner appointed by the Tribunal.2. The property concerned is situated in Vile Parte East owned by the petitioner Rameshwar Prasad Thakur din Pande bearing C.T.S. No. 225 Military Road, Marol.3. The matter revolves around notification which was issued by the State of Maharashtra on 24-3-1983 declaring the said property of the petitioner as 'slum' in view of provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as 'the Act' for convenience) which was published in the Government Gazette dated 22-3-1979. The petitioner had challenged the earlier notification by filing the appeal bearing No. 184 of 1980 whi...
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR218
Anoop V. Mohta, J.1. This Notice of Motion dated 30.04.2008 is taken out by the plaintiff in a pending Suit for declaration & specific performance & various interim reliefs/injunction.2. It is necessary to note the basic prayers of the Suit, covering prayers for interim reliefs also, which are as under:(a) that this Hon'ble Court be pleased to pass an order of declaration that the Defendant No. 1 is lawfully entitled to remain in possession of the said land mentioned in paragraph 14 hereof and to develop and construct the said hospital on the said land and to use the said land for the purpose of building a super specialty hospital.(b) that this Hon'ble Court be pleased to pass an order of Declaration that the purported letter of termination dated February 1, 2008 addressed by the Defendant No. 2 to Defendant Nos. 3 & 4 is wrongful, illegal and not binding on the Defendant No. 1 Company and its shareholders including the plaintiff.(c) that this Hon'ble Court be pleased to pass an order ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1071
ORDERV.P. Mohan Kumar, J.1. The petitioners herein challenge Annexure-H order issued by the 1st respondent permitting the 5th Respondent to use the electrical poles of the 4th respondent Board for the purpose of laying their Cable TV Network. 'Shorn of detailed argumentative pleadings, the brief facts of the case are as follows:2. The petitioners are established Cable TV Network operators in the cities of Bangalore and Mysore since about one year. The 1st petitioner applied for permission to the 1st respondent for the use of electricity poles for the purpose of laying cable wires. In response to the said application, the 2nd respondent sent Annexure-B communication intimating that the 1st respondent has constituted a Committee to examine the request for the use of the electricity poles of the 4th respondent and that the said Committee would examine the representation of the petitioner and others. It called upon the petitioners to furnish the information noted therein. On 21-9-1995, the...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(2)ALT761
ORDERS.V. Maruthi, J.1. These writ petitions are disposed of by a common judgment as the issue involved is common to all the writ petitions.2. The petitioners in W.P. No. 16957/96 are bona fide purchasers of plots made in Acs. 9.00 of land situated in Survey No. 91 of Bowenpally Village, Rangareddy District known as 'Vadlavani Bhavi'. The said Vadlavani Bhavi was plotted out in the year 1970 after obtaining permission from the Gram Panchayat. The purchases were made between 27-11-1993 to 23-5-1996. The first petitioner is the Society known as 'Shiva Enclave Welfare Society'. The second petitioner is one of the members of the Society. The Vendors of the petitioners are the Legal Representatives of Sri Mustafa Shareif, Sri Veera Reddy and Malla Reddy respondents 6 to 11. At the time of purchase of these plots there were temporary structures in various plots. After purchasing the plots, 35 of them have constructed their houses. They have obtained electricty connection, telephone connectio...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
ORDER1. In recent times, the wind of reform which aims at paving the way for a healthy, dynamic, financially viable and self-sustained growth of the power sector to meet the ever increasing demand for electricity from various categories of customers on an equitable basis both in terms of quality and quantity as well as of reasonable tariff so as to facilitate a rapid growth of the Nation's economy is blowing in almost all the States in India. Sometimes, as in the case of the State of Andhra Pradesh, the blowing of the reform wind was very hard, strong and hurting too against certain hitherto protected and favoured categories of consumers of electricity like agriculturists and domestic consumers, irrespective of thefact whether it is justified or not. This resulted in perceived shock and dismay and spontaneously generated persistent and percurrent protests, rallies, agitations ending, at times, with unpardonable violence denounced with abomination and righteous indignation by the Father...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD516; 2003(4)ALT177
B. Sudershan Reddy, J.1. The constitutional validity of Section 12-A of the A.P. Co-operative Societies Act, 1964 (for short 'the Act') is the primary issue in these cases.2. The petitioners are aggrieved by the action of respondents in proposing to transfer the assets of the Co-operative Sugar Factories in favour of private individuals on the ground that they have become sick and there is no possibility of rehabilitating the same.3. In W.P. No. 11937 of 2002, the first petitioner is the Anakapalle Co-operative Sugar Limited itself, represented by its Chairman. In all other writ petitions, the petitioners are the members and shareholders in Co-operative Sugar Factories.4. India is one of the largest producers of sugar and is in fierce competition with Brazil for the first position. The country shares about 13.25% of the world's sugar production and 41.11% of the sugar production in Asia. It contributes 2% to the National Gross Domestic Product and employs over and above forty million c...
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
ORDERA.P. Misra, J.1. A Divisional Bench has referred for reconsideration, a decision of earlier Division Bench in Civil Misc. Writ Petition No. 1190 of 1994 (Kamla Palace v. Stale of U. P.) decided on 10th July, 1995, in view of the decision of the Supreme Court in : [1995]1SCR256 (State of Bihar v. Sachidanand Kumar Prasad Sinha). In Kamla Palace (supra) this Court held proviso to sub-section (1) of Section 3-A of the Uttar Pradesh Entertainment & Betting Tax Act, 1979 (hereinafter referred to as 'the Act') and the Government Orders issued thereunder as ultra vires.2. Short facts are, Uttar Pradesh Legislature by way of Uttar Pradesh Entertainment & Betting Tax (Amendment) Act, 1992 (U.P. Act No. 14 of 1992), published on 11th April, 1992, introduced amendment in Section 3-A of the Act, which authorised the proprietor of a Cinema to realise an extra charge of twenty-five paise per ticket for admission to be utilised for maintenance of the cinema premises. But by proviso excluded the ...
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori210
R.C. Patnaik, J.1. In this batch of writ applications the petitioners challenge the vires of the Orissa Cess Act, 1962 in so far as it purported to levy cess on lands held for carrying on mining operations and seek mandamus for quashing the demands raised against them and the proceedings taken for recovery of the demands.2. The Orissa Cess Act, 1962 (hereinafter called 'the Cess Act') was enacted, by the Orissa State Legislature with a view to consolidating and amending the law relating to cess in the State of Orissa. It got the assent of the Governor on. 3-5-1962 and came into force with effect from 1-4-1963. The statement of objects and reasons indicated that the assessment and levy of cess were being made 'under the various statutes and also in accordance with various local usages and customs which differ from district to district. This makes their administration difficult and gives cause for complaint by the public due to lack of uniformity. The present Bill is proposed to be enact...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1998P& H254; (1998)120PLR495
N.K. Agrawal, J.1. This is second appeal by defendant No. 2, Lt. Col. Jaswant Singh against the judgments and decrees of Sub Judge, Amritsar, and Additional District Judge, Amritsar.2. Plaintiff Daljit Singh filed a civil suit for specific performance on 24-10-1980 in the Court of Sub Judge 1st Class, Amritsar, against (i) Improvement Trust, Amritsar (since dissolved and now represented by the Commissioner, Municipal Corporation, Amritsar, (ii) Lt. Col, Jaswant Singh, and (iii) Sukhdev Singh. Plaintiff sought specific performance of agreement dated 25-8-1970 in respect of a residential plot of land, No. 119, Green Avenue, Amritsar. During the course of trial, the learned Sub Judge passed an order on 4-6-1981 directing the parties to keep the property in status quo condition regarding possession, construction and transfer. Issues were framed and evidence of the parties was recorded. The suit was decreed on 3-11-1987. In appeal, filed by defendant No. 2, the judgment and decree of the tr...
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