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Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... so far as third part of his submissions as to whether 2001 amendment to dcr 58 or the 2003 clarification are contrary to the articles 14, 21 and 48a of the constitution of india, the learned advocate general for the state has submitted that the regulation 58(new) does not violate the mandate of articles 14, 21 and 48a.75. ..... while dealing with the petitioners' arguments that amended regulation 58 is not in consonance with the policy of article 48a of the constitution of india, the learned advocate general for the state has submitted that it is a settled law that article 48a and the directive principles of state policy can never be a basis for invalidating legislation. ..... court to ensure that the principles of sustainable development, balanced development, sound town planning, based on relevant socio-economic considerations and the improvement of the living and working conditions and environment as enshrined in article 21 of the constitution of india are followed with regard to all development/redevelopment on the mill lands, so as to protect the interests of the residents of mumbai.7. ..... 58, as follows:(a) the d.c.r.58 has been challenged on the ground of it being ultra vires the articles 21 and article 14 of the constitution of india, the averments regarding article 21 are contained in paragraph 54 of the petition, whereas averments regarding article 14 are contained in paragraph 55 of the petition. .....

Flemingo Duty-free Shop Pvt. Ltd. and Mr. Vivek S. Bhatt Vs. Union of ...

Court : Mumbai

Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730

..... he submits the answer to the question whether an entity is amenable to the writ jurisdiction of this court under article 226 of constitution of india depends on two things: (a) the wide language in which article 226 is couched, and (b) the nature of the functions or duties performed by the entity i.e ..... perusal of the above referred judgment shows that if in a petition filed under article 226 of the constitution of india, high court finds that a public authority has wrongly exercised its discretion conferred upon it by a statute or by a rule or by a policy decision, or has exercised that power on irrelevant consideration, then a writ of mandamus can be issued by the ..... performs the public function it is obliged to observe equality clause and it is also amenable to the jurisdiction of this court under article 226 of the constitution of india was advanced as an alternate argument, in our opinion, it will be appropriate to examine that argument first. 37. ..... dave on the powers of the writ court under article 226 of the constitution of india pertains to enforcement of contractual obligations or breach of contract which are in the realm of private law and not public and hence, a writ petition under article 226 was held to be not ..... is concerned, we have already observed above that because it is an authority exercising public function it is amenable to the jurisdiction of this court under article 226 of the constitution of india, and therefore, in a petition filed against the respondent no. .....

Jhunka-bhakar Kendrachalak Sanghatna and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2001(4)ALLMR164; 2002(1)BomCR246; (2002)1BOMLR560; 2002(1)MhLj89

..... is absolutely capricious and, not being informed by any reason whatsoever, can be clearly held to be arbitrary and founded on mere ipse dixit of the executive functionaries thereby offending article 14 of the constitution of india or such policyoffends other constitutional provision or comes into conflict with any statutory provision, the court cannot and should not outstep its limit and tinker with the policy decision of the executive functionary of the state. ..... others, : air1997sc128 , it was held by the apex court that to ascertain unreasonableness and arbitrariness in the context of article 14 of the constitution of india, it is not necessary to enter upon any exercise for finding out the wisdom in the policy decision of the state government. ..... 3563 of 2000, placed reliance on article 41 of the constitution of india, and submitted that the action of the state was in breach of article 41 of the constitution of india as it was bound to make effective provision for securing the right to work and to public ..... the spirit of article 41 of the constitution of india was attracted and the directive principle as contained in article 41 of the constitution of india did not justify the governmental action ..... government took a conscious decision bona fide on the basis of relevant material on record that the scheme had failed and must be closed, the licensees cannot be permitted to plead article 41 of the constitution of india in defence, particularly when the scheme failed primarily on. .....

Janhit Manch and Bhagvanji Raiyani Vs. the State of Maharashtra Throug ...

Court : Mumbai

Reported in : 2007(2)ALLMR110; 2007(1)BomCR329

..... both the acts are required to be harmoniously construed and in deciding the challenge under article 14 of the constitution of india or under article 21 of the constitution of india, regard must be had to the objects sought to be achieved by the said legislation considering the objects of the relevant enactment ..... on behalf of the respondents some of the learned counsel have submitted that the challenges under articles 14 and 21 of the constitution of india are inter-related and the challenge under article will fail, if there is a valid legislation which is not ultra vires article 14 of the constitution of india as the challenge under article 21 applies to deprivation of life without following the procedure established by law. ..... (supra) 'further more, interpretation of a town planning statue which has an environmental aspect leading to application of articles 14 and 21 of the constitution of india cannot be held to be within the exclusive domain of the executive'. ..... 34 and appendix vii-b are ultra vires article 14 and 21 of the constitution of india in as much as they are manifestly arbitrary, unreasonable and/or discriminatory. ..... 34 and appendix vii-b are ultra vires articles 14 and 21 of the constitution of india in as much as they are manifestly arbitrary, unreasonable and discriminatory. ..... are negotiable instruments under the negotiable instruments act and in view of entry in list i of the viith schedule to the constitution of india, only parliament had competence to enact the law. .....

V.P. Patil and ors. Vs. the State of Maharashtra

Court : Mumbai

..... the over all situation, coupled with the fact that the right of the complainant of a free, fair and impartial investigation of his complaint is a fundamental right under article 21 of the constitution of india, and that there are inexplicable circumstances borne out from the record which create doubt about the manner in which the investigation has had taken off soon after the incident, it has become ..... the issue which was referred to the constitution bench was whether the high court, in exercise of its jurisdiction under article 226 of the constitution of india can direct the cbi established under the delhi special police establishment act, 1946 to investigate a cognizable offence, which is alleged to have taken place within the territorial jurisdiction of ..... while remanding the matter, the supreme court observed that while none can dispute the power of the high court under article 226 of the constitution to direct an inquiry by cbi, the said power can be exercised only in cases where there is sufficient material to come to a prima facie ..... the supreme court concluded that a direction by the high court, in exercise of its jurisdiction under article 226 of the constitution, to cbi to investigate a cognizable offence alleged to have been committed within the territory of a state without the consent of ..... citizens, the high court can, in exercise of its jurisdiction under article 226 of the constitution, transfer the investigation to cbi and give a direction to it to investigate the crime. .....

Anami Narayan Roy, Indian Inhabitant and ors. Vs. Suprakash Chakravart ...

Court : Mumbai

Reported in : 2009(3)BomCR221; 2009(111)BomLR869

..... suffice it to note that the judgment being that of highest court of the land and in consonance with the provisions of article 141 of the constitution of india this being the law of the land, it is expected of the central government as well as the state government to carry out the directions of the supreme court appropriately ..... however, in the subsequent paragraph, the supreme court has noticed that the directions are being issued in exercise of its power under article 32 read with article 142 of the constitution of india and all the authorities are mandated by article 144 to act in aid of the orders passed by the supreme court. ..... where the supreme court issues directions in exercise of its powers under articles 32 and 141 of the constitution of india, besides it being a law binding on courts, the state and all its authorities and instrumentalities are expected to abide by and obey the same as law of the ..... the amplitude of powers available to this court under article 142 of the constitution of india is normally speaking not conditioned by any statutory provision but it cannot be lost sight of that this court exercises jurisdiction under article 142 of the constitution with a view to do justice between the parties but not in disregard of the relevant statutory provisions.xxxxx xxxxx ..... directions of the supreme court issued under articles 32 or 142 in light of article 141 of the constitution of india cannot vary their basic character to the extent of being mandatory or directory.20. .....

Smoke Affected Residents Forum Vs. Municipal Corporation of Greater Mu ...

Court : Mumbai

Reported in : 2002(4)BomCR479; (2003)1BOMLR227; 2003(1)MhLj120

..... he also contended that under the enhanced concept of personal liberty under article 21 of the constitution of india even right to livelihood is included and that the said taxi owners would lose their right to livelihood if the ..... above, even the challenge under article 21 of the constitution of india, regarding the right to earn livelihood would not survive ..... this court from time to time regarding phasing out and / or conversion into cng/lpg are clearly protected under article 21 of the constitution of india, and they cannot be faulted as contended by the learned counsel. 16. ..... apex court in the above case, here also the directions have been given for safeguarding the health of the people of city of mumbai, a right provided and protected by article 21 of the constitution of india, which directions may even override the provisions of motor vehicles act, if they militate against the constitutional mandate under article 21. ..... various directions issued by the apex court while dealing with the same problem in the national capital region of new delhi and in the light of the constitutional mandate of articles 21, 47 and 48a, he emphasised that it is high time that the serious ecological degradation is put to an end or at least ..... union of india and others, : air1996sc2715 , inter alia, as follows: 'the state government and the statutory authorities must anticipate, prevent and attack the causes of necessity conform to the constitutional principles as well as over- riding statutory duties act .....

P.B. Samant, Vs. Union of India (Uoi),

Court : Mumbai

Reported in : 2009(3)BomCR133; 2009(111)BomLR1745

..... that the petitioners, while referring to certain provisions of the rules in the petition, has averred and contended that the resolution moved by the chief minister to adopt the central repeal act, 1999 was a constitutional/statutory resolution which could be moved only by member of maharashtra legislative assembly under rule 290 of the maharashtra legislative assembly rules and not by chief minister under rule 110 and that all matters referred ..... according to the petitioners, the action of the respondents in adopting resolution of repealing the urban land (ceiling and regulation ) act, 1976 (herein after referred to as the 'said act') is in violation of the constitutional rights vested in the people of maharashtra, more particularly as enumerated in articles 14, 19(1)(g), 21, 3 and 39 of the constitution of india and respondent nos. ..... on this premises and particularly keeping in view even the orders passed by the division bench in the earlier writ petition, the petitioners pray for declaring the repealing act of 1999 as ultra vires the constitution of india.6. ..... argument raised on behalf of the petitioners that a attempt of the union of india in directing or pressurising the state government and the state legislative assembly to adopt the resolution in view of financial/aid offered besides being arbitrary is also opposed to the basic structure of the constitution. ..... india, arbitrariness is not a separate ground since it will come within the embargo of article 14 of the constitution. .....

Jimmy Abraham Thomas and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2002(1)ALLMR1; 2002(3)BomCR219

..... all the writ petitions in group (a) above invoking article 226 of the constitution of india raise common questions with respect to the correctness and legality of the maharashtra health sciences common entrance test (mh-cet 2001) conducted by the state of maharashtra and the director of ..... equals and it is violable of article 14 of the constitution of india. mr. ..... pre-condition before - (i) establishing a new medical or dental college;(ii) starting a higher medicine or dental course;(iii) seeking to increase the annual intake capacity already fixed by the medical or dental council of india as the case may be.to carry out this legislative mandate under section 10a, the central government approved the statutory regulations providing an entire statutory scheme and procedure for grant of initial permission and the ..... arguments had been advanced from time to time on behalf of the petitioners as well as on behalf of the state, the medical council of india and the interveners who had supported the cancellation of the admissions which had been already effected and also by those who were opposed to cancellation. ..... she referred to the latest regulations of 3rd july, 1997 framed in exercise of its power under section 33 of the said act (and printed in gazette of india, dated 23rd august, 1997), whereunder competent authority has been defined under regulation 3(c) as follows :-'(c) 'competent authority' means the central government or state government or medical college or any other authority as .....

Smt. Asha Arun Gawli Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(5)BomCR828; 1999CriLJ333

..... in para 2 or any other connected papers thereon have not been provided by way of copies to the detenu to make an effective representation in this regard and that therefore it has clearly come within the teeth of article 22(5) of the constitution of india and that, at any rate, non- supply of the copies of the said record as shown in para 2 and 3 of the grounds of detention is totally violative of article 22(5) of the ..... the impugned detention order passed in this writ petition is vitiated firstly on extraneous consideration and that secondly by passing the detention order, by not providing the copies of the material documents is clearly violative of article 22(5) of the constitution of india and for the said two reasonings alone, the impugned order of detention became vitiated. ..... this writ of habeas corpus by virtue of article 226 of the constitution of india, has been preferred by the petitioner who is the wife of the detenu by name mr. ..... lv of 1981) (amendment 1996) r/w article 22(5) of the constitution of india, i hereby communicate to you the grounds as mentioned in paragraph 4 below on which a detention order has been made by me on this day against you under sub-section (1) of section 3 of the said act. ..... the said passages for attacking the detention order as vitiated, as no copies of the so called record for arriving at such conclusion shown in the passages, were supplied which is totally violative of fundamental rights under article 22(5) of the constitution of india. .....