Court : Mumbai Nagpur
..... . union of india & ors. reported in (1997) 3 scc 261 and therefore abridgement by a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article 227. at the ..... ble court be pleased to issue a writ of certiorari and or any other writ, order or command and call upon the papers and proceedings of appeal no. 314 of 2007 ..."referring to rule 2b of the bombay high court (appellate side) rules, 1960, the apex court in para 21 and 22 held that even according to the said ..... of the district judge. consequently the letters patent appeal will have to be held as maintainable. he relied on the decision in oriental insurance co. ltd. v. meena variyal (2007) 5 scc 428.(e) in paragraphs 79 in the case of shalini shetty, supra, it has been held that the writ court can interfere if there is any infraction .....
Tag this Judgment!Court : Mumbai Nagpur
..... in itself, he ought to apply for that relief before the trial court and it should be done before the issues are settled. on his application for amending his suit claim and the counterclaim, the court will have to consider whether the counterclaim should be dealt with as part and parcel of the suit or whether ..... to determine its jurisdiction. notice for final disposal is already issued by this court. hence, heard finally by making rule returnable forthwith.2. advocate deshpande has relied upon air 2007 ker. 69 "pampara philip v. koorithottiyil kinhimohammed", and the decision of hon'ble full bench of that court in a. z. mohammed farooq v. state government, ..... 127 = 2007 (7) ljsoft 139 teofilo barreto v. sadashiva g. nasnodkar and ors., this court through its single judge has found valuation of plaint by plaintiff only determinative of the appellate forum. section 22 of the goa civil courts act, 1965, is construed there and it is parimateria with s.26 of the bombay civil courts act,1869. that .....
Tag this Judgment!Court : Mumbai Nagpur
..... was held that there was no repugnancy between the material sections of the provincial small cause courts act and section 28 of the civil courts act. there was nothing unconstitutional in the amendment of section 28 by the amending act. the said judgment is also of no help to respondent no.2.33. from the provisions pointed out above and the discussion followed, it is ..... . vidyarthi v. ram pearey lal air 1935 allahabad 690. (iv) medam venkata subbaramiah setty v. k. hari rao air 1957 ap 133.(v) devidas mohanlal gupta v. ajesh suresh sarvaiyya 2007(1) mh.l.j. 362.(vi) smt. savitribai and another v. vithal hari petakar air 1981 bombay 430.(vii) k. kumaraswami kumandan and bros v. premier electric co. - air 1959 ..... it is not on the question referred for the decision of this bench.30. in the judgment of this court in devidas mohanlal gupta v. ajesh suresh sarvaiyya, reported in 2007(1) mh.l.j. 362, the learned single judge was considering the provisions of section 28 of the bombay civil courts .....
Tag this Judgment!Court : Mumbai Nagpur
..... statutes of the states in u. s. a. framed after furman v. georgia, in general, and clauses 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. chitale has suggested these "aggravating circumstances" : "aggravating circumstances : a court may, however, in the following cases impose the ..... and have treated a young girl of 19 years in the most brutal, cruel and dastardly manner. would the society not expect such depraved act to be dealt with in a stern manner. we also cannot ignore the recent amendments brought to the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... act in the heinous and gruesome rape and murder of nirbhaya. the amendment as a matter of fact echo's the sentiments of the society at large. the sentiment of the society is glaring explicit, that such heinous crime on .....
Tag this Judgment!Court : Mumbai Nagpur
..... if the value of taxable goods sold or purchased during the year, is not less than rs. 10 thousand. these provisions contained in section 3 are as amended by the maharashtra act no. 14 of 2005 and 32 of 2006. as per section 63, an obligation is cast upon every dealer to maintain accounts. section 74 vide its sub- ..... required to shoulder it. but this is the effect of levy of lbt upon the petitioners. petitioners have not pointed out the resulting inequality or any unfair trade competition. 30. no data in respect of prices at which petitioner or these exempt dealers sold their product before 31.3.2015 or after 1.8.2015 is produced ..... cost of production goes up proportionately. other dealers who are not required to pay that tax, can therefore, legitimately sell their goods at lesser price, thereby creating unhealthy competition. 4. prayers in both the petitions are identical. main thrust is to urge that petitioners and other dealers are similarly situated and on the basis of annual turnover, .....
Tag this Judgment!Court : Mumbai Nagpur
..... thus, the action of grant of parole is generally speaking an administrative action." rule 19 of the rules of 1959 as it then existed prior to its amendment on 7-2-2007 was also taken into account. it was held by the full bench that grant of parole did not amount to suspension of sentence as contemplated by section 432 ..... relevant statutory provisions while considering the aforesaid challenge. the rules of 1959 have been framed by the state government in exercise of powers conferred by section 59 of the prisons act, 1894. initially, rule 19 read as under: "19. a prisoner may be released on parole for such period as the competent authority referred to in rule 18 ..... been adopted as the stand in all other connected writ petitions. the respondents have submitted that rule 19 as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. it has further been stated that .....
Tag this Judgment!Court : Mumbai Nagpur
..... summons for judgment. such a course serves no useful purpose whatsoever. the same result can be achieved by the plaintiff merely making a statement at the bar. to amend the plaint, the plaintiff would be required under the rules to take out a chamber summons which itself would take a few years to be decided. thereafter, ..... vrs. express industrial services pvt. ltd. mumbai). to point out that the affidavit in support of plaint is defective, reliance is being placed upon the judgment reported at (2007) 1 scc 341 (baldev singh .vrs. shinder pal singh and another). plaintiff has urged that these defects are curable and reliance is being placed upon the judgment of ..... that suit was not based on any agreement and not supported by any enactment. it is further found that contention of plaintiff there, that provisions of interest act bring the claim made therein within the four corners of order 37 was matter of investigation. the learned single judge has relied upon division bench judgment reported at .....
Tag this Judgment!Court : Mumbai Nagpur
..... summons for judgment. such a course serves no useful purpose whatsoever. the same result can be achieved by the plaintiff merely making a statement at the bar. to amend the plaint, the plaintiff would be required under the rules to take out a chamber summons which itself would take a few years to be decided. thereafter, ..... vrs. express industrial services pvt. ltd. mumbai). to point out that the affidavit in support of plaint is defective, reliance is being placed upon the judgment reported at (2007) 1 scc 341 (baldev singh .vrs. shinder pal singh and another). plaintiff has urged that these defects are curable and reliance is being placed upon the judgment of ..... that suit was not based on any agreement and not supported by any enactment. it is further found that contention of plaintiff there, that provisions of interest act bring the claim made therein within the four corners of order 37 was matter of investigation. the learned single judge has relied upon division bench judgment reported at .....
Tag this Judgment!Court : Mumbai Nagpur
..... to badkas chowk to kotwali police station chowk up to c. p. and berar college in nagpur city, subject to the decision in misc. civil application no. 203/2007 and 451/2007. section officer joint secretary (town planning) principal secretary-1 (ud) the hon ble chief minister a approved. 22. the said proposal was approved at various stages ..... writ petition nos. 6255 of 2005, 5931 of 2005 and 6467 of 2005. the said petitions were decided by this court vide common judgment and order dt.17.1.2007. in the said petitions, a statement made on behalf of respondent no.1 that, in the development plan, the width of road was shown as '24 meters' ..... the provisions of sub-section 2 of section 37 of the maharashtra regional and town planning act, 1966 (hereinafter referred to as the said act ) thereby sanctioning modifications with certain conditions in the development plan for the city of nagpur and for that purpose, amending notification dated 4th november, 2008. 2. the facts and the grounds raised in all .....
Tag this Judgment!Court : Mumbai Nagpur
..... employment by invoking article 21. the judgment shows how entry in public employment has to be only after following open and competitive selection process. in the case of indian drugs and pharmaceuticals ltd. vs. workmen (supra), the hon'ble two judges ..... no obscurity and ambiguity, there is no scope for the court to innovate or take upon itself the task of amending or altering the statutory provision. the hon'ble apex court has pointed out that there is a very thin line ..... the judgment and order passed by the learned single judge filed letters patent appeals which were numbered as 140-144 of 2007. the division bench noticed the undisputed facts that all the appellants were temporarily employed on daily wages or temporary basis ..... wager is entitled to relief of reinstatement with continuity of back wages moment violation of provisions of section 25f of industrial disputes act is established. 5. he invites our attention to constitution bench judgment reported at 2005 (2) scc 673( centralboard of .....
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