Court : Andhra Pradesh
Reported in : 1991(2)ALT240
..... (5) whether the conditions, if any, mentioned in section 20 of the unamended act or the amended act are all pre-conditions which have to be satisfied by an applicant before seeking permission? ..... in the present case, the validity of these provisions of the amending act have not been challenged before us perhaps because of the fact that the impugned order appears to be based upon the unamended section 20. 17. ..... amending act 27 of 1987 can be applied to the facts of the case and whether the necessary machinery has been constituted and the rules made so that the said amendment can be applied? ..... 636 dated 17-4-1990 extracts the provisions of the unamended section 20 (3) (a) of the act and makes no reference to the provisions of the amended section. ..... the state of maharashtra, : air1968bom91 the bombay high court took the view that the words 'profession' or 'occupation' and 'business' under article 19(1)(g) are of wider import to imply institutions which want to establish educational institutions. ..... reliance in that case was placed upon the observations of the supreme court in state of maharashtra v. ..... the learned judges referred to the decision of the supreme court in state of maharashtra v. ..... the abovesaid decision of the bombay high court was of course reversed by the supreme court on another ground. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom3; 1992(2)BomCR523; 1991(2)MhLj1258
..... 1191/c-3 declaring that all the licence holders under the provisions of maharashtra foreign liquor rules, bombay foreign liquor rules, maharashtra toddy shops and toddy free (cutting) rules, 1968 and the holders of country liquor licence should keep their shops closed on the day of election and two days prior to elections. ..... (a) section 143 of the bombay prohibition act, 1949 empowers the state government to frame rules for the purpose of carrying out the provisions of the bombay prohibition act, 1949 and in particular also with reference to the fixation of days on which the wine shops in the state shall be kept ..... bare narration of sequence of events is enough to hold at this prima facie stage that both the government of maharashtra and the collectors in the state have felt themselves bound by the directives of the election commission of india and an attempt is now being made to salvage the situation by contending that the respondent no. ..... in that case the commissioner of police had exercised certain powers at the instance of the state government and the relevant observations made in that behalf in the above referred judgment are to the effect that the commissioner of police had no jurisdiction to exercise power of cancellation of licence at the behest of the state ..... been submitted that situation regarding closure of wine shops during the election period has been taken care of by the rule making authority and the executive power cannot be exercised so as to amend the relevant rules. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR63; (1991)93BOMLR703; [1991(63)FLR567]; (1992)IILLJ652Bom; 1992(1)MhLj203
..... applicable to such establishment shall apply to such establishment from such date as the state government may by notification in the official gazette appoint in this behalf : provided that nothing in this section shall be deemed to affect any standing orders which are finally certified under this act and have come into operation under this act in respect of any industrial establishment before the date of the coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957. ..... their use, transport or sale; (g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on : (h) any other establishment or class of establishments which the central government or a state government may, having regard to the nature thereof, the need for protection of persons ..... this petition under article 226 of the constitution impugns the second respondent's verdict upon a complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act 1971 (pulp act). 2. ..... section 38b of the shops act : the provisions of the industrial employment (standing orders) act, 1946, in its application of the state of maharashtra (hereinafter in this section referred to as 'the said act') .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR319]; (1994)IIILLJ237Bom
..... to such establishment shall apply to such establishment from such date as the state government may by notification in the official gazette appoint in this behalf:provided that nothing in this section shall be deemed to affect any standing orders which are finally certified under this act and have come into operation under this act in respect of any industrial establishment before the date of the coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957. ..... to sub-section (1) is on the statute book only to protect industrial establishments whose standing orders have been certified and have come into operation before the coming into force of the state's amending act (industrial employment (standing orders) (bombay amendment) act, 1957). ..... only in relation to such standing orders as have been provided for in the proviso and, by reason of sub-section (2), model standing orders made in respect of additional matters included in the schedule after the coming into force of the aforesaid amendment act are applicable to the workmen of industrial establishments to which the proviso applies unless the model standing orders are, in the opinion of the certified officer, less advantageous to the workmen than the certified ..... will, therefore, be convenient to refer only to the provisions of the act as applicable to the state of maharashtra.5. ..... amendments carried out to the act as applicable to the state of maharashtra make it very different from the parent act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR585
..... to be provided, is the arena of the legislature and legislature which has made specific provision opting for the second course in the representation of the people act by way of section 84 and in sub-section (10) of section 21 of maharashtra municipalities act, has not made an identical provision in the bombay village panchayat act. ..... an interesting point has been raised in this petition whether a candidate who has lost election and has filed election petition under section 15 of the bombay village panchayats act, 1958 succeeds in proving that returned candidate was not qualified to be elected, would be entitled for a declaration that he is elected in place ..... returned candidate is not permitted to lead evidence to establish such a counter-allegation in defence, in a composite election petition of this nature he will be left without any remedy because section 21(1) will make the order of the district judge in the petition final and conclusive, while sub-section (2) of the same section will bar any other procedure for impeaching the election of the election-petitioner on the ground that he has committed a corrupt practice. ..... though the supreme court recommended for the amendment of the corporation act by adding some provisions similar to those contained in section 97 of the representation of the people act, 1951, it categorically turned down the contention that the doctrine of implied powers can be brought into play in such a case and the right which is not there by the statute can .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1991)ACC306; 1991ACJ777; AIR1991SC1769; JT1991(3)SC133; (1991)100PLR359; 1991(2)SCALE92; (1991)3SCC530; [1991]3SCR26a; 1991(2)LC290(SC)
..... to give effect to the said directive contained in section 92b of the act, the maharashtra government has amended the rules and has inserted special provisions in respect of claims under section 92a in rules 291a, 29ib, 297(2), 306a, 306b, 306c and 306d of the rules. ..... deal with the aforesaid submissions of shri sanghi, it would be relevant to mention that section 92a of the act forms part of chapter vii-a which was introduced in the act by motor vehicles (amendment) act, 1982 (act 47 of 1982). ..... rule 306 a empowers the claims tribunal to obtain whatever supplementary information and documents which may be found necessary from the police, medical and other authorities and proceed to award the claim whether the parties who were given notice to appear or not on the ..... the learned judges held that the papers and documents filed before the claims tribunal under rule 306b of the bombay motor vehicles rules, 1959 did not establish that the fire was ignited by someone carelessly throwing ..... it may be mentioned that procedure for adjudication of a claim petition under section 110a of the act by the accident claims tribunal is contained in rules 291 to 311 of the bombay motor vehicles rules, 1989, (hereinafter referred to as 'the rules'). ..... aggrieved by the said decision of the appellate bench of the bombay high court, the petitioner have filed this petition for special leave ..... a division bench of the bombay high court rejected the contention that at the material time, the petrol tanker was not in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993(41)ECC326; JT1991(3)SC268; 1991(2)SCALE110; (1991)4SCC139; [1991]3SCR64; [1992]87STC289(SC); 1991(2)LC396(SC)
..... excise act, 1910 (as amended in 1972 and 1976); the govern- ment of maharashtra charged transport fee under the bombay rectified spirit (transport in bond) rules, 1951 made under the bombay prohibition act, 1949, and the andhra pradesh government extended the excise act, 1968 and the distillery rules, 1970 and the rectified spirit rules, 1971 to all alcohol ..... impugned provision of the uttar pradesh sales of motor spirit, diesel oil and alcohol taxation (amendment) act, 1976 levying tax at the point of first purchase of alcohol in the state is undoubt- edly an impost failing in pith and substance under entry 54- of list ii ..... provision of the uttar pradesh sales of motor spirit, diesel oil and alcohol taxation (amendment) act, 1976 levying tax at the point of first purchase of alcohol in the state is undoubtedly an impost failing in pith and substance under entry 54 of list ii. ..... containing alcohol were concerned, sections 12 and is of the act were held to be invalid, being an unreasonable restriction on the fundamental right, to the extent that they prohibited possession, sale use and consumption of liquors for medicine and toilet preparations, but were held to be valid to the extent that they applied to other categories of alcoholic liquors, namely, spirits of wine, methylated spirit, wine, beer and toddy, as these items were distinctly separable and easily severable from the other ..... . to save it the state attempted to justify it as a tax in exercise of power under entry 50 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1902; JT1991(3)SC172; 1991(2)SCALE131; (1991)4SCC54; [1991]3SCR102; 1991(2)LC415(SC)
..... repeal and savings (1) on the issue of the notification under sub-section (1) of section 3 constituting the bangalore development authority, the city of bangalore improvement act, 1945 (mysore act 5 of 1945) shall stand repealed.(2) ... ..... see for e.g: karnataka town and country planning act, 1961; maharashtra regional and town planning act, 1966; bombay town planning act, 1954; the travancore town and country planning act, 1120; the madras town planning act, 1920; and the rules framed under these statutes; town & country planning act, 1971 (england & wales); encyclopaedia americana, volume 22, page 240; encyclopaedia of the social sciences, volume xii at page 161; town improvement trusts in india, 1945 by rai sahib om prakash aggarawala, p. 35; et. ..... cancellation of such allotment or demolition of buildings constructed on the sites so allotted after obtaining building licences from the authority or the (local authority concerned or for questioning the validity of any action or) things taken or done under section 38a of the principal act, as amended by this act and no court shall enforce or recognise any decree or order declaring any such allotment made, action taken or things done under the principal ..... the specific zoning regulations at issue are exercises of the city's police power to protect the residents of tiburon from the ill-effects of urbanization. ..... the police power is not confined to elimination of filth, stench, and unhealthy places. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR492
..... 1, 2 and 3, in substance and in brief, is as under:-(a) the transaction evidenced by the deed of conveyance dated 12th september, 1966 was hit by section 63 of the bombay tenancy and agricultural lands act, 1948 as the plaintiffs were not agriculturists and the sale was effected without permission of ..... plaintiffs have sought an order directing the 14 defendant-corporation-to the effect that the sanction already granted for development on the suit land be suspended and the municipal corporation be restrained from issuing completion certificate or occupation certificate in respect of the structure put on the suit land or any part ..... 1988 dated nil passed by the deputy collector (appeals), bombay suburban district, bombay the plaintiffs preferred a revision application before the additional commissioner, konkan division, bombay, as permissible under section 257 of the maharashtra land revenue code, 1966. ..... dated 22nd december, 1983, the additional collector informed the plaintiffs that the government of maharashtra had framed guidelines and new scheme and unless the plaintiffs under the ceiling act. ..... later on, the said entry was deleted without notice to the plaintiffs and the proceedings in respect there of are now pending before the additional commissioner, konkan division, bombay reference to the material facts having bearing on this aspect will be made in latter part of this order at its ..... 496 of 1989 for amendment of the plaint, observing in substance that the plaintiffs must file a .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)93BOMLR600
..... law could be a failure on the part of an employer to implement an agreement, so as to constitute an unfair labour practice as envisaged by item 9, schedule iv (for brevity 'the entry') of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act of 1971')the complaint of petitioners under section 28 of the act of 1971 is that their termination as effected by the employer being in violation of sections 25-f and 25-g of the industrial disputes act, 1947 (hereinafter referred to as 'the act of 1947'), is an unfair labour practice, under the entry. ..... having been paid to them, there was a failure on the part of the company to implement the said settlement and consequently the company was guilty of the unfair labour practice specified in item 9 of schedule iv to the maharashtra act and the union was justified in filing the complaint under section 28 of the maharashtra act complaining of such unfair labour practice. ..... the act of 1971, by virtue of sub-section (3) of section 2 has been made applicable to those industries which are covered by the bombay industrial relations act, 1946 (hereinafter referred to as 'the act of 1946') and those which fall within the definition of section 2(j) of the act of 1947, for which the state government is the appropriate ..... in a legislative process of the enactment or amendment, unlike award, settlement or agreement, there can never be a participation, consent or volition of the .....
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