Court : Mumbai Nagpur
..... another vs. state of maharashtra and others, 1991 mhlj 318. it was held therein that an interim order passed on an application under sections 78 and 79 of the bombay industrial relations act, 1946 could not be termed either as a settlement or award for the purposes of invoking the provisions of section 33c(1) of the ..... the expression award has not been defined under the act of 1971. as per the provisions of section 3(18) of the act of 1971, the words and expressions used in the act of 1971 and not defined therein or in the bombay industrial relations act, 1946 shall have the meanings assigned to them by the act of 1947. section 3(12) defines the expression ..... order to mean an order of the industrial or labour court. under section 28(1) of the act of 1971, a complaint can be .....
Tag this Judgment!Court : Mumbai Nagpur
..... similar application of mind. the perusal of earlier judgment of learned single judge of this court in the case of yogesh dattaram vs. shrikrishna shriram,(supra) on bombay rent act, shows that there the tenant was not financially in a position to afford the other accommodation. consideration in para 12 shows that the petitioner there had pleaded ..... the court to form an opinion on the issue of comparative hardship. the hon'ble apex court has also noticed there in para 11 that provisions of bombay rent act do not lay down any guidelines or relevant factors for determination of question of comparative hardship. the hon'ble apex court has stated that regard must ..... the learned single judge of this court has there in para 13 after noticing that said provision is parimateria with section 13(2) of the bombay rents, hotel and lodging house rates control act, 1947, relied upon the judgment of the hon'ble apex court in the case of badrinarayan chunilal bhutada vs. govindram ramgopal mundada, reported .....
Tag this Judgment!Court : Mumbai Nagpur
..... previous publication. 9. it would thus be necessary to refer to section 24 of the bombay general clauses act, 1904 which reads thus:- 24. where, by any bombay act [or maharashtra act], a power to make rules or by-laws is expressed to be given subject to the condition of the rules or by-laws ..... provided that every notification or order made under the said section shall be subject to the condition of previous publication and the provisions of section 24 of the bombay general clauses act, 1904, shall, so far as may be applied in relation to such notification or order, as they apply in relation to rules to be made after ..... section. 4. every notification or order made under this section shall be subject to the condition of previous publication; and the provisions of section 24 of the bombay general clauses act, 1904, shall so far as may be apply in relation to such notification or order, as they apply in relation to rules to be made after previous publication .....
Tag this Judgment!Court : Mumbai Nagpur
..... 2004 (3) mh.l.j. 1055 . we wish to reproduce it here: '15. it may be stated here that chapter xvii of the bombay high court appellate side rules, 1960 (hereinafter referred to as "the rules") deals with "petitions under articles 226 and 227 and applications under article 228 ..... tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward classes categories (regulation of issuance and verification) of caste certificates act, 2001 (maharashtra act no.xxiii of 2001) came into force with effect from october 18, 2001. after legislation by a competent legislature (state legislature), the direction ..... scheduled tribes, denotified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 and maharashtra scheduled tribes (regulation of issuance and verification of) certificate rules, 2003. in paragraph 40 while recording its conclusions, it has found .....
Tag this Judgment!Court : Mumbai Nagpur
..... 813/only. c--petitioner m/s vidarbha winding works in wp 846 of 1996 started production in march,1989. it is registered under bombay act wef 14.3.1989 and central sales tax wef 17.3.1989. petitioner m/s kailash poly industries in wp 854 of 1996 ..... 1.10.1982 to 30.9.1989 to avail the facility of deferral scheme of sales tax. section 15a(1) of bombay sales tax act, 1959 on 1.4.59 was amended by state of maharashtra providing for levy of additional tax in the case of dealers ..... their entailment to continue could not have come into dispute. thus, this amendment to scheme and addition of s. 41c to bombay sales tax act are the grounds to justify denial of the full benefit period to them. their eligibility has not been cancelled on any other ..... ssi) have filed these writ petitions for quashing and setting aside the amendment made to section 41c of the bombay sales tax act, 1959 (hereinafter referred to as the act), on the ground that it is ultra-vires the articles 14 and 19(1)(g) of the constitution of .....
Tag this Judgment!Court : Mumbai Nagpur
..... upon objection or on his own motion and is required to reject the nomination papers if a candidate is disqualified either under the said act or in view of the provisions of the bombay village panchayats election rules, 1959. sub-rule (2a) of sub-rule (2) of rule 11 however permits the returning officer not ..... mandate of article 243-o(b) of the constitution of india and sections 15 and 15a of the bombay ( now maharashtra) village panchayats act, the remedy available is to file election petition in accordance with the provisions of the act. thus, it is contended on behalf of the respondents that remedy is available to the petitioner is ..... commissioner, amravati division, amravati against respondent no.3 sunil namdeorao harne the returning officer in view of this mandatory duty as contemplated under rule 11 of the bombay village panchayats election rules, 1959 the returning officer ought to have examined the nomination paper and should have scrutinized it for to decide the objections raised by .....
Tag this Judgment!Court : Mumbai Nagpur
..... maharashtra, reported in (2005 (11) scc 222)". "154. primary education is one of the important responsibilities to be discharged by municipalities under the bombay primary education act, 1947. again, to state the reality, even after sixty years after the promulgation of the constitution, we have not been able to attain full literacy ..... planning authority, has failed to provide the amenities to the residents within the municipal limits in terms of its obligatory duties under the bombay provincial municipal corporation act, 1949. the corporation will have to make necessary arrangements of funds and we do not approve of the explanation that the municipal commissioner ..... amenities, and makes the deletion thereof difficult after the planning process is gone through, and the plan is finalized. similar are the provisions in different state acts. yet, as we have seen from the earlier judgments concerning the public amenities in bangalore (bangalore medical trust (supra) and lucknow (m.i. builders .....
Tag this Judgment!Court : Mumbai Nagpur
..... of plants genetics resources, indian council of agricultural research, new delhi and anr., akola (supra), management of bangalore woollen, cotten and silk mills co. ltd (supra), state of bombay (now maharashtra) and another (supra), workmen (supra), u.p. electricity supply co. ltd. (supra), the jaipur udyog ltd. (supra), m/s. firestone tyre and rubber ..... 13-02-2012 an industrial dispute arising between the parties was referred to the industrial court for its adjudication in terms of section 10(1) of the act of 1947. the dispute as referred was mentioned in the schedule appended thereto. in aforesaid reference proceedings, the union filed a statement of claim (exhibit-8 ..... before the conciliation officer stating therein that by transferring 140 employees, the management had violated provisions of section 33(1) of the industrial disputes act, 1947 [for short, the act of 1947]. thereafter, on 20-07-2011 the conciliation officer issued a notice to the parties in which it was stated that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... was not amounting to sexual intercourse during the night of the incident. 12. p.w. 3 jairam was serving as cook in the ashram school who acted as pancha when police prepared panchanama in respect of hall of the school as also seizure panchanama in respect of clothes of the accused drawn on 16.8.2009 and seizure panchanama ..... sachin approached mayuri and raped her also. she admits omission as to the fact of rape as not mentioned in her police statement. p.w. 13 is minor girl aged about 10 years. she described rape as an act of sachin that her knicker was removed and accused slept on her. she admits in her cross examination that she do ..... it was claimed by gajanan that he is member of scheduled tribe community and although sachin did the same heinous act with other girls as well, due to pressure from the administrative body, the matter was suppressed. he, therefore, asked police to make a detailed enquiry. thus, the offence was registered against appellant sachin as well as secretary of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... dated 15th may, 2011 in the said crime delivered by1 the judicial magistrate first class, sadak arjuni, in summary case no. 2134 of 2009. acting upon those documents, superintendent of police, gondia, submitted his report on 11th july, 2013 to the respondent no.3, clearly stating that the petitioner was acquitted on 15th may, 2011. ..... subordinate offices, as envisaged by explanation for corporation, in the district of gondia, within the territorial jurisdiction of this court. the bench at nagpur of the bombay high court is for entertaining the cases arising in the various districts of vidarbha region. the contention raised by respondent no.2 that the petitioner should go to ..... mumbai and file a petition at the principal seat of bombay high court at mumbai, rather than the bench at nagpur, in our opinion, ignores these telltale facts that the petitioner is a poor villager residing at .....
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