Judgment Search Results Home > Cases Phrase: chandigarh delegation of powers act 1987 Court: mumbai Page 1 of about 12 results (0.065 seconds)

Shri Shaba Laxman Pilankar, Omkar Traders, Vs. State, Through Casmiro ...

Court : Mumbai

Reported in : 2007CriLJ2577

..... supra), held that the chief medical officer, chandigarh, in terms of notification dated 29.04.1967, issued by the chandigarh administration, in exercise of the powers conferred by sub-section (1) of section 20 of the act, was a person authorized to institute a complaint and therefore he could give his consent as well for launching of prosecution and in doing so, he was neither delegating his power nor acting contrary to section 20. ..... learned counsel submits that the director could not have further delegated the power given to him by the state government to the food inspector and, therefore, the complaint filed by food inspector shri d' silva, is illegal and without jurisdiction and in violation of section 20 of the act, and therefore, no conviction could be based on such ..... with the procedure to be followed by local (health) authority, after the receipt of the report from the public analyst, and, subsection (2) of section 13 of the act provides that on receipt of the report of the result of the analysis under sub-section (1) to the effect that the article of food is adulterated, the local (health) authority shall, after the institution of prosecution ..... next, learned counsel submits that the case of the accused was tried as a summons case but in terms of section 16a of the act, the accused were required to be tried in a summary way and since the accused was not tried summarily, the entire trial is without jurisdiction and, therefore, the conviction itself deserves to be quashed and .....

Suvina B. Redkar Vs. Government of Goa and ors.

Court : Mumbai

Reported in : 1991(4)BomCR695

..... ajmer : (1954)iillj686sc relied upon on behalf of the state, the supreme court has adopted the 'policy and guideline theory' in judging the delegation of power to the executive to extend the provisions of any act to the union territory of chandigarh under section 87 of the punjab reorganisation act, 1966.119 ..... be seen that even para 76 of the judgment of the supreme court in indian express newspaper case cited supra upon which heavy reliance is placed on behalf of the petitioner shows that the investment of a discretionary power upon the delegate can amount to a piece of conditional legislation although the same may be subject to challenge on some of the ground on which the administrative action can be questioned.108 ..... by the learned advocate general, the supreme court has pointed out that 'the shift now is to a broader notion of 'fairness' or 'fair procedure' in the administrative action and the duty in that regard is not so much to act judicially as to act fairly,' however, it is made clear in the said para 23, that even an administrative decision unless it affects one's personal rights or one's property rights, or the loss of or prejudicially affects something which would juridically be called at ..... . union of india's case, : [1987]2scr841 and therefore the adequacy or otherwise of the material before the government cannot be a ground for challenging ..... maharashtra, : 1987(3)bomcr211 ..... [1987 ..... . : [1987]2scr841 , the question for consideration was of price fixation under the drugs (price .....

M/S. Hindustan Distilleries Vs. State of Maharashtra

Court : Mumbai

Reported in : 1998(4)BomCR803

..... with the state government in view of section 139 of the act of 1949 and the powers of issuing license are delegated to the commissioner of state excise by rule 3(2) of the rules of 1973, in view of the earlier discussion it is clear that it does not lie in the mouth of the respondents ..... conduct made to the other a clear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he should not be entitled to go back upon it, if it would be inequitable to allow him ..... petitioner was holding a license for manufacture of indian make foreign liquor, which is known as pll license under the provisions of bombay prohibition act, 1949 (for brevity, hereinafter, 'the act of 1949') and the maharashtra distilleries of spirit and manufacture of potable liquor rules, 1966, whereas for country liquor the relevant rules are maharashtra country ..... in view of this it can also be examined as to whether while granting licenses to different persons under the provisions of the act and the rules framed thereunder the state has followed the policy of pick and choose and has discriminated the petitioner, without there being any reasonable ..... on the judgment of the apex court, reported in : [1995]1scr126 chandigarh administration and another v. .....

Kay Kay Embroideries Pvt. Ltd. Vs. Cloth Markets and Shops Board and o ...

Court : Mumbai

Reported in : 2006(6)ALLMR5; 2006(6)BomCR739; [2007(112)FLR273]; (2007)ILLJ865Bom; 2006(6)MhLj377

..... has expressly held that the delegation of power given to the government to prepare a scheme and the purpose of the scheme are necessarily to give protection to the workers who are found to be unprotected in many respects covered by the objects of the act. ..... proposition as in the present case where this court has held in the case of lallubhai kevaldas (supra) which was followed in century textiles and industries' case that the provisions of the act are not applicable to worker if he is otherwise protected by various labour legislations in the field applicable to factory or establishment, for which the word coined is 'madhadi workmen' in contradistinction ..... are employed by notifying it as scheduled employment which is not left to the choice of'employer' who is defined in section 2(3) and 'scheduled employment' is also defined in section 2(9) of the mathadi act to mean 'any employment specified in the schedule hereto or any process or branch of work forming part of suchemployment;' and thereafter they proceeded to define 'worker' in clause 2(12)where they have specified ..... notification in the official gazette, and subject to such conditions and for such period as may be specified in the notification, exempt from the operation of all or any of the provisions of this act or any scheme made thereunder, all or any class or classes of unprotected workers employed in any scheduled employment, or in any establishment or part of any establishment of any scheduled employment, if ..... chandigarh ..... 1987 .....

Sonali Pramod Dhawde Vs. Central Bank of India and Another

Court : Mumbai

..... its approval to the recruitment policy as obtained in the annexure (tag 'b' and for delegating the powers to the chairman and managing director for making modifications/amendments etc. ..... prosecution and punishment of the concerned officials of the respondent no.1 and/or 2 for violating the provisions of the employment exchanges (compulsory notification of vacancies) act, 1959 and rules 1960 framed therein for not complying with the provisions of the aforesaid act and rules for the last many years and more particularly from the year 2009 till date when campus recruitment was done while recruiting ..... the rule of law constitutes the core of our constitution and it is the essence of the rule of law that the exercise of the power by the state whether it be the legislature or the executive or any other authority should be within the constitutional limitations and if any practice is adopted by the executive which is in flagrant and systematic violation of ..... a country like india where there is so much poverty and unemployment and there is no equality of bargaining power, the action of the state in not making the employees permanent, would be violative of article 21 of ..... the petitioners had also placed reliance on the provisions of employment exchanges (compulsory notification of vacancies) act, 1959 to contend that the same mandates that the state and the instrumentalities of the state should communicate the vacancy position to the employment exchange from time to time ..... (1987) ..... hargopal (1987) 3 .....

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... bombay government gazette)l in the year 1956 and 1957 were expressly in respect of 'forest' (not 'lands'); it is submitted that after the insertion of section 34a (interpretation clause in chapter v by the bombay act 62 of 1948) - by which act the expression 'or land' were also expressly deleted in section 35(3), the clear intention of the state legislature was that lands had first to be declared as 'forests' under the provisions of section 34a (by gazette ..... ' with its grammatical variations,d in relation to any vacant land, means - (i) to own such land; or ii) to possess such land as owner or as tenant or as mortgagee or under an irrevocable power of attorney or under a hire purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities. ..... the development plan being a delegated legislation under the mrtp act, 1966 cannot prevail over section 3 of the 1975 act.g) the maharashtra private forest act, 1975 deals with forest under entry 19 of list 1 of schedule 7 as it stood then and now under entry 17(a) of list 3 as well as entry 42 of list ..... a vital mistake has been committed by the chandigarh administration is overlooking the notification reserving land under the forest act and the restrictions imposed under the aircrafts act, but o verriding public interest outweighs t he obligation o f a promise or ..... be made to the following observations of the supreme court in : [1987]3scr317 (utkal contractors and joinery pvt.ltd. ..... 1987 .....

Dr. Anahita Pandole Vs. State of Maharashtra, Urban Development Depart ...

Court : Mumbai

Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555

..... overall dimensions of motor vehicles (prescription of conditions for exemption) rules, 1991 and (iv) notifications issued under rule 12(1) of central motor vehicle rules, 1989 and section 109(3), 110(1)(k) of the motor vehicles act as also appropriate instructions issued by the central government, learned counsel for the state government fairly states that he would like to look into the matter, but as of date there is nothing on record ..... to display the hoardings.another aspect which requires consideration and addressed at bar is that mobile advertisements are installed on vehicles which are not in conformity with the provisions of the motor vehicles act and (i) chapter v rule 92 read with rule 126 of the central motor vehicle rules, 1989 (ii) chapter vii rule 160 read with rule 206, 207 and 208 of the maharashtra ..... act does not confer on the corporation such arbitrary and uncontrolled power as to render such conferment an excessive delegation ..... supreme court in chandigarh administration and ors. ..... : [1987]1scr819 , the supreme court has clearly stated the principle that in exercise of its constitutional powers and within the limitations of judicial activism, the court, if necessary, should interprete and evolve new laws so as to protect the basic rule of law and truly apply the spirit of ..... as back as in the year 1987, the supreme court expressed the need for evolving legal jurisprudence to keep pace with the changing socioeconomic norms and created an innovative interpretation so as .....

Dr. Prabhakar J. Lavakare Vs. the State of Maharashtra, (Summons to Be ...

Court : Mumbai

Reported in : 2010(112)BomLR1802

..... state or national or international level in handling youth development work such as organising student-centric activities for their all-round development and for providing them rich campus life as envisaged in the maharashtra universities act.part 'c'expected skills and competencies -(1) technical skills -(i) openness towards technology and a deep conviction regarding its potential applications in a knowled-based settings ;(ii) reasonably high level of comfort in the use ..... we say so because even the said order dated 27.5.2009 issued by the state government, in exercise of powers under section 12(3a) (d) also restates that the vice-chancellor of a university is the principal academic and executive officer of the university, and is responsible for development of the academic ..... :(1) the constitution of india;(2) the statutory law, which may be either parliamentary law or law made by the state legislature;(3) delegated or subordinate legislation, which may be in the form of rules made under the act, regulations made under the act, etc. ..... ladnun, nagaur -341306rajasthan20.03.199183.janardan rainagar rajasthan vidyapeeth12.01.1987 udaipur-331401rajasthan 84.lnminstitute of information technology gram-rupa ..... new delhi197921.shri lal bahadur shastri rashtriyasanskrit vidyapith16.11.1987 qutub institutional area-110016 newdelhi 22.teri school of advanced studiesdarbari seth block, habitat place,lodhi road-110003.new delhi5.10.199923.institute of liver and biliarysciences(ilbs)24.06.2009 .....

Padmini R. Bijoor and ors. Vs. Shipping Corporation of India Ltd. and ...

Court : Mumbai

Reported in : 2002(2)BomCR321; (2002)IIILLJ891Bom

..... presiding officer, labour court, chandigarh, 1999 (4) lln 602, which is also to a similar effect, namely that denial of opportunity to cross examine results into denial of principles of natural justice. ..... he is not supposed to delegate his responsibilities to others. ..... , the one under section 112(6) of the customs act which was the adjudication by the additional collector of customs. ..... the petitioner was detained under this act in november 1986 and was finally released in november 1987. ..... 50,000/ under section 114(1) of the customs act under his order dated may 2, 1988. ..... the second proceedings as far as the petitioner is concerned was one under the conservation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa) leading to the detention order. ..... 1 is a company governed under the companies act though wholly owned by the union of india which is respondent no. 2. ..... that was a case arising out of a complaint under the maharashtra recognition of trade unions and, prevention of unfair labour practices act, 1971 (mrtu & pulp act for short). ..... 2 lakhs on the petitioner under section 112(b)(i) of the customs act and also a fine of rs. ..... his arrest led to a prosecution under section 120-b of indian penal code read with section 135(1)(a)(b)(i) of the customs act, 1962. .....

Rajendra Bhimrao Mandve and Others Vs. Maharashtra State Road Transpor ...

Court : Mumbai

Reported in : 1998(1)ALLMR93; 1998(4)BomCR556

..... ---(1) a board may, from time to time, by resolution passed at a meeting-(a) appoint committee consisting of directors for performing such functions as may be specified in the resolution;(b) delegate to any such committee or to the chairman or vice-chairman, subject to such conditions and limitations, if any, as may be specified in the resolution, such of its powers and duties as it may think fit;(c) authorise the managing director or any other office of the corporation, subject to such conditions and limitations, if any, as may be specified ..... the existence of 'legitimate expectation' may have a number of different consequences and one of such consequences is that the authority ought not to act to defeat the 'legitimate expectation' without some overriding reason of public policy to justify its doing so. ..... had participated in the process of selection by way of written test, the petitioners are certainly entitled to agitate their claim as the respondent corporation has adopted a wrong procedure-- in view of the decision in the case of union territory of chandigarh v. ..... the amending rule of 1987 in the instant case does not contain any express provision giving the amendment retrospective effect nor there is anything therein showing the necessary intendment for enforcing the rule with retrospective effect. .....