Court : Mumbai Nagpur
..... petitioner that when the meeting of the municipal corporation, amravati was fixed on 17/06/2014 for elections to the various committees under section 31a of the bombay provincial municipal corporation act, 1949, the divisional commissioner hurriedly fixed the matter for hearing on 16/06/2014 by a notice dated 13/06/2014. ..... it is submitted that in view of the provisions of section 31a of the bombay provincial municipal corporations act, 1949, specially the second proviso to section 31a(1) thereof, after an aghadi or front is formed by two or more recognised parties or registered parties or groups or elected councillors not belonging to any party within a ..... formed within a period of 30 days from the date of declaration of results would be deemed to be a registered pre-poll aghadi or front only for the purposes of the provisions of section 31a(1) of the bombay provincial municipal corporations act, 1949 for appointing or nominating the councillors on various committees. ..... congress party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the front, applied to the divisional commissioner on 06/03/2012 for registration of the agadhi or front as nationalist congress party front and also for recognising the petitioner as a group leader of the front. ..... admittedly, there was no change in the aghadi and the entry in regard to the registration of the aghadi remained in the record as per rule 5 of the rules of 1987 till the impugned .....
Tag this Judgment!Court : Mumbai Nagpur
..... in this situation, he contends that the proceedings conducted on 20.03.2012 are in violation of provisions of section 31a of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as corporation act) and being unsustainable, the same are liable to be quashed and set aside. 9. ..... he further states that as per second proviso to section 31a(2) of the corporation act, disqualification act and rules apply only after registration of party and till such registration, a corporator is free to change the side. ..... in facts before it, hon'ble apex court while appreciating argument that rules and regulations were not supplied to collector by aghadi while furnishing information under rule 3, concludes that registration must in any case, be complete in the light of gazette notification and entries in register. ..... the proviso further declares that once such a registration is made, the provisions of the disqualification act apply to the members of such postpoll aghadi. ..... before proceeding further, it is important to note that the provisions of disqualification act as such do not contain any requirement of registration of aghadi or front. ..... the petitioner has not pointed out registration of its samiti as required by rule 5 of disqualification rules and hence the effort to show defection of respondents no ..... the procedure for such registration is contained in the maharashtra local authority members disqualification rules, 1987. 28 ..... act does not expressly provide for such registration. .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitioner that when the meeting of the municipal corporation, amravati was fixed on 17/06/2014 for elections to the various committees under section 31a of the bombay provincial municipal corporation act, 1949, the divisional commissioner hurriedly fixed the matter for hearing on 16/06/2014 by a notice dated 13/06/2014. ..... it is submitted that in view of the provisions of section 31a of the bombay provincial municipal corporations act, 1949, specially the second proviso to section 31a(1) thereof, after an aghadi or front is formed by two or more recognised parties or registered parties or groups or elected councillors not belonging to any party within a ..... formed within a period of 30 days from the date of declaration of results would be deemed to be a registered pre-poll aghadi or front only for the purposes of the provisions of section 31a(1) of the bombay provincial municipal corporations act, 1949 for appointing or nominating the councillors on various committees. ..... congress party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the front, applied to the divisional commissioner on 06/03/2012 for registration of the agadhi or front as nationalist congress party front and also for recognising the petitioner as a group leader of the front. ..... admittedly, there was no change in the aghadi and the entry in regard to the registration of the aghadi remained in the record as per rule 5 of the rules of 1987 till the impugned .....
Tag this Judgment!Court : Mumbai Nagpur
..... which, and cognizable case to mean a case in which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant; section 118 of the bombay prohibition act, 1949, hereinafter referred to as prohibition act, lays down that in the absence or any provision to the contrary in said act, the provisions of the code of criminal procedure, 1898 with respect to cognizable offences apply to offences under it. ..... of circular dated 4.5.1974 issued by inspector general of police shows that the police officers were advised not to visit the shops to find out as to whether there is breach of conditions of abkari license circular dated 20.4.1982 issued by home department shows that even when there is definite information to police that in such a shop, the sale of liquor not covered by the license is made, the police officers are not to visit the shop and they ..... joshi, learned counsel for petitioner in writ petition no.452/2012 states that the police authorities on 26.08.2012 laid a trap and searched motor vehicle bearing registration no.mh 32/a-2595, because of secret intelligence received by it. ..... in this situation, registration of fir against the petitioner is itself unwarranted. 17. ..... mobile phone came to be seized from maruti swift vehicle having registration no.mh31/cp 0864. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding ..... with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. ..... no challenge to the policy of granting licence nor is there any plea that the bombay prohibition act, 1949 has been violated or its provisions have been breached in any manner. ..... liquor and causing nuisance to patients and those who are ailing and suffering, if the nursing homes and hospitals are located in close vicinity, but beyond 75 or 100 metres. ..... medical, criminological and sociological testimony on a cosmic scale bears out the tragic miscellany of traumatic consequences of, shattered health and broken homes, of crime escalation with alcohol as the hidden villain or aggressively promotional antihero, of psychic breakdowns, insane cravings and efficiency impairment, of pathetic descent to doom sans sense, sans shame, sans everything, and host ..... wards today and saw that seven out of ten owed their diseases to alcohol, i could but lament that the teaching about this question was not more direct, more decisive, more home-thrusting than ever it had been." 21. ..... state excise is no authority to guide the police department and home ministry personnel on these matters. .....
Tag this Judgment!Court : Mumbai Nagpur
..... registration act ..... submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close ..... under section 36 of the bombay public trust act, just before his retirement ..... under sub-section (1) of section 50 of the mrtp act, the appropriate authority defined u/s 2(3) has to be satisfied ..... for it to act under section 37 ..... mrtp act, ..... act and funds ..... act ..... act was not followed, but section 37(1) of the mrtp act ..... act ..... bombay public trust act ..... act ..... act ..... act ..... homes ..... act ..... act ..... act, 1966 (hereafter mrtp act) and nit constituted under the nagpur improvement trust,1936 (nit act ..... act are 'modification of a substantial nature' while section 37(1aa) of mrtp act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act but adopting section 37(1aa) of the mrtp act ..... bombay public trust act ..... act ..... act ..... homes ..... act ..... acted ..... bombay ..... act ..... bombay ..... act ..... act ..... acted ..... act ..... acted ..... bombay public trust act ..... registration ..... act ..... act ..... bombay environmental action group reveals that there in para 243, the total area affected by the change on an average is noted to be approximately 3.07% of the total area of the wards and the mill lands occupy only 0.6% of the entire land area of bombay ..... act cannot be extended to section 37(1aa) of the act ..... act defines modification of a substantial nature for the purposes of section 31 of the mrtp act ..... bombay ..... act ..... act ..... act ..... act ..... act ..... act ..... acted ..... act ..... act ..... bombay ..... bombay ..... act ..... act ..... act ..... act ..... act. 87. ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... bombay ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act ..... act .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 3 of the east punjab urban rent restriction act, 1949, although is a part of the act, but the same cannot be said to contain an inbuilt policy so as to empower the administrator to do all such things which can be done ..... prayer to quash and set aside the deemed cancellation of registration of those dealers whose turnover has not exceeded rs. ..... question sought to be debated has become academic in view of our findings on contention a; wherein we upheld the levy of luxury tax on pan masala containing tobacco on the ground that the luxury tax act is within the legislative competence of the state legislature under entry 62 of list ii of vii schedule to the constitution of india. ..... view of the findings recorded in an enquiry conducted under section 32 of the 1986 act, that on the date of the offence the accused-petitioner was not a juvenile for the purposes of the 1986 act, which finding has been affirmed right up to this court, it is of no consequence, insofar as this petition is concerned, as to whether the crucial date for purposes of the 1986 act is the date of commission of the offence or the date when the accused first ..... clauses in writ petition, he states that the controversy is already decided against the petitioners by the division bench of this court vide its judgment reported at 2014 [16] air bombay reports 324 (municipal labour union anant bhuvan .vrs. ..... ) delivered at bombay on 1.10.2014. ..... association and others), (1985) 1 scc 641 (indian express newspapers (bombay) p.ltd. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by ..... with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. ..... no challenge to the policy of granting licence nor is there any plea that the bombay prohibition act, 1949 has been violated or its provisions have been breached in any manner. ..... liquor and causing nuisance to patients and those who are ailing and suffering, if the nursing homes and hospitals are located in close vicinity, but beyond 75 or 100 metres. ..... medical, criminological and sociological testimony on a cosmic scale bears out the tragic miscellany of traumatic consequences of, shattered health and broken homes, of crime escalation with alcohol as the hidden villain or aggressively promotional antihero, of psychic breakdowns, insane cravings and efficiency impairment, of pathetic descent to doom sans sense, sans shame, sans everything, and host ..... wards today and saw that seven out of ten owed their diseases to alcohol, i could but lament that the teaching about this question was not more direct, more decisive, more home-thrusting than ever it had been." 21. ..... state excise is no authority to guide the police department and home ministry personnel on these matters. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is urged that responsible judicial officer like joint charity commissioner functioning under the bombay public trust act,1950 has ascertained market value on the relevant date on which sms trust invited offers and then sanction to sell under section ..... therefore, when a report of an expert is got produced by a claimant before the court giving market value of the acquired lands, the court may, choose to act upon such report for determination of the amount of compensation payable for the acquired lands, if the data or the material on the basis of which such report is based is produced before the ..... having noted that an agreement of sale did not in fact create interest in the property as contemplated under section 54 of the transfer of property act, gujrat high court held that on that account alone, it cannot be eliminated from being considered as a relevant and good piece of evidence if established as a bonafide transaction between a willing ..... he fairly stated that though damages awarded for period from 1/1/1981 till 19/2/1984 under section 23(1-a) of the 1894 act are unsustainable, he supported grant by pointing out the views expressed relief given by hon'ble 3 judges of apex court ( ..... to sell and the date of registration of the sale deed. ..... 1949 to state for office of divisional commissioner and accordingly establishment of divisional commissioner entered possession on 1/1/1981 and continued till 6/8/1985 when it was taken under the 1894 act. ..... rent control order, 1949 and therefore, as .....
Tag this Judgment!Court : Mumbai Nagpur
..... but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed ..... in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, ..... the question as to whether the medical officers are the "workmen" within the meaning of section 2(s) of the i.d act is, therefore, no longer res-integra in view of the aforesaid decision and it has to be held that the medical ..... members of the complainant union cannot be called as "employees' within the meaning of section 3(13) of the bombay industrial relations act, 1946 (in short "b.i.r. ..... , the male nurse, nursing attendant, sweeper, ambulance driver who would naturally be taking directions and orders .....
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