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 .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... ' after setting out entries 77, 78, 95, 85 and 46 in respective lists to 7th schedule, the supreme court in para 6 has observed asunder :-- 'the scheme for conferring jurisdiction and powers on courts is (a) to avoid duplication of courts, federal and state courts as in the constitution of the united states, (b) to enable parliament and the state legislatures to confer jurisdiction on courts in respect of matters in their respective lists ..... andhyarujina learned counsel appearing for the writ petitioner raised three contentions:-- (1) act xv of 1987 is ultra vires of the maharashtra state legislature as it is a legislation relating to the constitution of high court and falls under list 1 entry 78 ..... learned advocate general therefore submitted that the constitution of the high court would include establishment of the high court but once the court is constituted the incidental powers which are required to be vested in the high court would be referable to articles 3 and 4 of the constitution read with articles 214 to 230 ..... ' in our opinion, the above decision of the supreme court in the case of indu bhushan : [1986]3scr547 (supra) clearly lays down that powers of the legislature to confer or take away general jurisdiction of the courts is a separate topic and that forms part of the administration of justice and not part of constitution and organisation of ..... 4 did not involve any delegation of legislative powers but was an instance of conditional legislation and was not ultra vires or .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR600
..... be precise, it was her submission that the said regulations were in the nature of delegated legislation and delegated legislation cannot apply to certain transactions and cannot disturb the vested rights and that there was no power with the respondent to make any retrospective regulation. ..... the petitioners by their architect's letter dated 8th february 1988 informed the additional town planning officer of the respondents that in their application dated 4th february 1987 they have specifically mentioned that the infrastructure and the entire work of the upper floors of the building was also completed except lift and installation of fire fighting equipment and that there was ..... in fact, the supreme court went to the extent of saying that when the contracting parties did not incorporate the provisions of chapter viii of the act in their contract, that is to say, they did not identify the liability of the promisor on the basis of the provisions of chapter viii as they stood on the date when the contract was made, they merely referred ..... by refusing to direct the respondent - authority to repeat the illegality, the court is not condoning the earlier illegal act/order nor can such illegal order constitute the basis for a legitimate complaint of discrimination, giving effect to such pleas would be prejudicial to the interests of law and will do incalculable mischief to public ..... general also relied on the decision of the supreme court in the matter of chandigarh administration and another v. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1997)(71)LC612Tri(Mum.)bai
..... reported in 1996 (64) ecr 509 (sc), the supreme court had held that the refund claim had to be filed under section 27 of customs act, 1962 which inter alia prescribes period of limitation and that the high court could not direct the customs authorities acting under the customs act to act contrary to the mandatory provisions of section 27 of the customs act.para-11 from that decision is extracted below: 11. ..... 1990 elt 260 (sc) have also dealt with the matter of refund when the refund claim application was filed beyond the period prescribed by the customs act and had held that such refund application must be held to be un-tenable in law.10. ..... the power conferred by article 226/227 is designed to effectuate the law, to enforce the rule of law and to ensure that the several authorities and organs of the state act in accordance with law. ..... no such delegation or conferment can ever be conceived. ..... the collector of customs (appeals) had observed that the refund claim was filed beyond the time limit prescribed under section 27 of the customs act, 1962, while their claim of classification under customs tariff heading no. ..... on appeal, the collector of customs had decided the classification favour of the appellants but had held the claim to be barred by limitation.collector of central excise, chandigarh v. ..... collector of customs 1987 (30) elt 640 (sc) : 1985 ecr 289 (sc) : ecr c 750 sc : ecr cus 1094 sc.8. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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