Court : Mumbai
Reported in : 2007(2)ALLMR717; 2007(1)BomCR417
..... and 61, relied upon by shri p.r. patil, learned advocate, from the case of maneka gandhi v. union of india, reported at : [1978]2scr621 lay down the same principle that the principles of natural justice are applicable to quasi-judicial inquiry as also administrative inquiry. the observations of the supreme ..... of such a committee should be submitted to the joint charity commissioner, aurangabad, if inculpatory, for the purpose of action under section 41d of the bpt act, against mr. rangnath jadhav, whereupon, the joint charity commissioner, aurangabad, should take suo-motu action under the said provisions. the committee should complete the ..... of bank accounts, withholding government aid, if any, taking over management of the school, appointment of administrator, initiation of appropriate proceedings under bombay public trusts act,1950 against the trustees, derecognition of the college or school, and determination of payment of compensation to the victims by the perpetrators etc, as also .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR293; (1995)97BOMLR897
..... was granted by the trial court after holding of necessary enquiry. sometime in august 1975, the application in forma pauperis was registered as a suit. on 14th december, 1978, yamunabai alais renukabai was impleaded as defendant no. 2 in the suit. at the stage, the plaint filed in the said suit was amended. the defendants filed their ..... v. maharajadhiraj sir bejoy chand mohatap bahadur, a.i.r. 1922 cal 4 the division bench of the high court of calcutta observed that the land acquisition act created a special jurisdiction and it provided a civil remedy and the claimant could not file a separate suit for recovery of possession and the only remedy available to ..... available to laxmibai was to seek apportionment in respect of the compensation amount by making the necessary application under section 18 or under section 30 of the land acquisition act no. 1 of 1894 .the defendant no. 1 also raised certain other issues in the written statement which do not appear to be germane at this stage .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR641
..... equality as between members of the same class of employees and not equality between the members of separate and impendent classes.21. reliance is placed on : (1978)iillj527sc , excel wear v. union of india and others. in the said case, the apex court considered the question whether the right to carry on ..... the present technical developments, innovative methods of teaching and have reduced the age. this shows they are alive to the situation and the circumstances and have acted properly. this cannot enable the petitioners to contend that the regulation is arbitrary or discriminatory.regulation 89(1) :47. this regulation requires 3 years period ..... related to the social, political or economic needs of our developing nation fostering secular values breaking the barriers of casteism, linguism, religious bigotry and it should act as an instrument of social change. education system should be so devised as to meet these realities of life. education nourishes intellectual advancement to develop dignity .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3360; 2009(2)MhLj673
..... are therefore entitled, to get the land back, as no steps have been taken within six months in terms of section 127 of the maharashtra regional and town planning act, 1966, as the reservation automatically lapsed. the petitioners rely on the communication dated 20-11-2006.3. osmanabad municipal council has published a notice in the newspaper on ..... is that there is a development plan notified in the year 1985. that development plan is sought to be revised in terms of the m.r.t.p. act and notice to that effect was published in 2002. the state government thereafter has published the second revised proposed development plan of osmanabad under section 26 and invited objections ..... development under section 46 shall have due regard to the provisions of any draft or final plan or proposal published by means of notice submitted or sanctioned under the act.in the instant case, as pointed out, even if it is assumed that the reservation under the old development plan by virtue of a notice being served .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR108; (2001)166CTR(Bom)7; [2001]249ITR265(Bom)
..... 3) by the allahabad high court in gulab chand's case : [1991]192itr495(all) , was erroneous. that, the proviso to section 10(3) was enacted to guard against unwarranted exemptions. that, section 10(3) was not enacted to create the charge. he contended that if income is to be charged then there is no dispute ..... agreements, the assessee became tenants/lessees of elphinston dye works private ltd. the leases were for 15 years. they were monthly leases. they expired on october 25, 1978. they were not renewed. the assessee continued to occupy the premises. in the meantime, elphinston dye works private limited sold the property to prabhadevi trading company private ..... were confirmed. thereafter, the assessee carried the matter in appeal before the tribunal. the division bench of the tribunal made a reference under section 253 of the act to the president of the tribunal for formation of a special bench for considering the above questions. by the impugned judgment, the special bench of the tribunal .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR39
..... . the suit building is shop no. 5 in keni hotel. the rate of rent payable by the tenant as per the contract was rs. 235/- per month. in 1978 the third respondent filed a suit for eviction before the rent controller, goa, north division, panaji against m/s. shamsunder kaka talkar and ganpat s. naik and m/s ..... and many landlords might have used the same as a weapon to suppress the tenants when the state was facing acute shortage of houses. while enacting the present act, needless to say, some provisions of the previous decree as mentioned above of the portuguese government legislature must have been influenced by the peculiar features of the decree ..... cause. the said application was opposed by the tenants by filing a written statement dated 16-11-1978. during the pendency of the said suit the respondent no. 3 filed applications before the rent controller invoking section 32(4) of the act, as the tenants kept arrears during the pendency of the proceedings. four such applications were dated 17 .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)321
..... to some of the authorities that were cited before us: 14. in ram bali rajbhar, petitioner v. the state of west bengal & others a.i.r. 1978 s.c. 623 the supreme court had occasion to consider a similar contention. the second representation dated 27th november 1973 in respect of the detention order dated 1st ..... forthwith. the central government duly considered that representation which in effect was nothing but a representation for revocation of the order of detention under section 14 of the act. that being so it was not obligatory on the part of the central government to consider a second representation for revocation under section 14.....'25. prakash chandra ..... by the central government, the detaining authority as also by the advisory board. shri verma was the officer specially empowered under section 3(1) of the cofeposa act to pass the order of detention. the second representation dated 11th april 1996 was placed before the detaining authority, albeit, in the process of the matter being .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2004Bom424; 2004(4)BomCR81; 2005(2)CTLJ399(Bom)
..... provisions as held by the supreme court in bareilly development authority v. ajay pal singh. : [1989]1scr743 .62. in smt. maneka gandhi v. union of india, : [1978]2scr621 ; s.l. kapoor v. jag mohan, : [1981]1scr746 and swadeshi cotton mills v. union of india, : [1981]2scr533 , the view expressed by the ..... application. the petitioners thus are greatly prejudiced by the respondents' contention now advanced throwing doubts and raising suspicion. he submits that the respondents have clearly acted contrary to the principles of natural justice.45. dr. tulzapurkar further submits that the contention of the respondents, that the petitioners did not export because ..... within 180 days as per firm contract as also the conditions stipulated in the registration certificate and bank guarantee. according to the respondents, the petitioners acted in gross negligence by not fulfilling their export obligations within the stipulated period.10. the counter-affidavit further makes out a case that the petitioners .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(2)BomCR406
..... defendant that he was not a paying guest but was a licensee who had acquired the status of a tenant by virtue of the amendment made in the rent act by act no. 17 of 1973, the jurisdiction to try this suit was exclusively vested in the court of small causes. in this respect it was contended that while determining ..... 's hotel. he further stated that the defendant came to reside in the suit premises in 1979 when he had already shifted to the premises in mulund society in 1978. he stated that the defendant broke open the lock of the suit premises and occupied the same. the suit premises consisted of only one room with a nahni inside ..... for injunction simpliciter before such forcible dispossession should be entertained by the city civil court cannot be accepted. in the suit instituted under section 6 of the specific relief act the plaintiff does not claim recovery of possession in his capacity as a licensee and the issue of relationship between the licensor and the licensee is wholly immaterial, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom255; (1993)95BOMLR311
..... being irrational, artificial, unconstitutional, absurd and arbitrary.6. mr. gole then drew our attention to another decision of the supreme court in re the special courts bill, 1978, : [1979]2scr476 . he relied upon paragraphs 64 to 73 and in particular, para 73 which deals with art. 14 of the constitution. after going through this ..... affairs and for matters connected therewith. consistent with this preamble the act came to be passed sometime in the year 1984. keeping in view the object of promoting conciliation in and securing speedy settlement of family affairs and ..... follow and, therefore, need was felt in the public interest to establish family courts for speedy settlement of disputes.3. the preamble of the act reads that this act provides for establishments of the family courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family .....
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