Court : Mumbai
Reported in : 2004(6)BomCR322; 2004(3)MhLj1044
..... the reason is that the provisions of section 175(3) of the government of india act and the corresponding provisions of article 299(1) of the constitution of india have not been enacted for the sake of mere form but they have been enacted for safeguarding the government against ..... the provisions are embodied in section 175(3) of the government of india act and article 299(1) of the constitution of india on the ground of public policy -- on the ground of protection of general public - and these formalities cannot be waived or ..... dixit a contract entered into without complying with the requirement of article 299(1) of the constitution is not void for all purposes and it can be taken into consideration and looked into for ..... the main contention raised on behalf of the petitioners is that under article 299(1) of the constitution the state government can only make written contract to be executed in the name of the governor of maharashtra in the manner laid down in article ..... it is now well settled that the provision of article 299 of the constitution which are mandatory in character require that a contract made in the exercise of the executive power of the union or of a state must satisfy three ..... plea of the respondent regarding estoppel or ratification is admitted that would mean in effect the repeal of an important constitutional provision intended for the protection of the general public. ..... is whether the contract between the parties is hit by article 299(1) of the constitution. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997BomCR(Cri)768
..... by means of this petition referred under article 226 of the constitution of india, the petitioner/detenu has impugned the detention order dated 19th january 1996 passed by respondent no. ..... chitnis is that in the right of the petitioner to make a representation at the earliest opportunity, under article 22(5) of the constitution of india, is also implicit a corresponding obligation on the respondent no. ..... one of the contentions canvassed before the apex court in the petition moved by the petitioner under article 32 of the constitution, was that the impugned detention order was mala fide. ..... the special secretary considered the matter that very day and forwarded it to the home minister, government of india who after considering the same rejected the representation of the detenu on 9-4-96. ..... copies of documents pertaining to the said chapter proceedings which were filed, were relevant documents and as they were not supplied to the detenu, he was frustrated in his right of making an effective representation under article 22(5) of the constitution. ..... 22(5) of the constitution. ..... immediately after the petitioner came out he was served with the detention order under rule 30(1)(b) of the defence of india rules. ..... 4 (union of india) to consider the representation and to dispose off the same at the earliest opportunity. ..... union of india. ..... the said ground has been replied to in the affidavit filed by ishwar singh, desk officer of the ministry of home, government of india. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)ALLMR750; 2002(6)BomCR561
..... submitted that by notfollowing the law of the land as propounded by the apexcourt in polychem, the assessor and collector has actedwithout jurisdiction and that must be corrected inextraordinary jurisdiction of this court under article 226of the constitution of india, even if the petitioners canbe said to have alternate remedy of appeal under section217 of mmc act, 1888. ..... thelearned senior counsel also referred to the conduct of thepetitioners which in his opinion was sufficient todisentitle them from grant of relief by this court underarticle 226 of the constitution of india.8. ..... the principal contention of thelearned senior counsel for the petitioners is that thefixation of rateable value of the land under constructionis without jurisdiction being in contravention of the lawlaid down by the apex court in polychem, we must examinewhat constitutes the decision of the apex court inpolychem and what it is that is actually binding. ..... the learned senior counsel alsoreferred to three orders passed by the learned singlejudge of this court where this court interfered underarticle 226 of the constitution when the levy of propertytax was found without any authority of law. mr. ..... east india commercial co. ..... theaction of assessing officer in rialto was ex facie withoutjurisdiction and, therefore, this court was satisfied toinvoke extraordinary jurisdiction under article 226 of theconstitution of india. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR1
..... state of goa and various other counsel on behalf of various parties, and after perusal of the provisions in the constitution of india, the animal birth control (dog) rules, 2001, action plan for control of stray animal menace (monkeys, stray dogs, stray cattle and pigs) formulated by the ministry of environment and forests of government of india, we are clearly of the view to tackle the serious menace of stray dogs, we have to adopt a ..... goolam vahanvati, the learned solicitor general of india, pointed out that the constitution of india under article 51-a(g) exhorts all citizens of this country to have ..... up of two such big dog shelters is to shift a substantial number of stray dogs from the city of mumbai in a phased manner.b) municipal commissioner of greater mumbai to immediately constitute a monitoring committee under rule 4 of animal birth control (dogs) rules, 2001. ..... bombay municipal corporation shall forthwith execute the necessary agreement with the all india animal welfare association, for providing dog shelter/ sterilization centre, as prayed ..... functions of the committee: the committee constituted under rule 4 shall be responsible for planning and management of dog control ..... the said committee shall be assisted by a member of animal welfare board of india, especially with regard to proper implementation of sterilization programmes for stray dogs.c) municipal commissioner shall form six sub-committees for the city of mumbai, including greater mumbai and dividing the entire .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR934; (1996)98BOMLR952
..... it is stated that article 371(2)(c) of the constitution of india contemplates making equitable arrangements providing adequate facilities for technical education in respect of all the three regions in the ..... this is not done, then it is violative of the spirit of article 14 and 371(2)(c) of the constitution of india. ..... is alleged that it is necessary in view of article 371(2)(c) of the constitution which envisages principle of equitable arrangement of facilities for technical education. ..... , he relied upon article 162 of the constitution to support the validity of the 1996-97 ..... may first point out that the learned additional advocate-general frankly and fairly conceded that at this stage he cannot rely upon article 371(2)(c) of the constitution as no order is passed by the hon'ble governor. ..... the process of distribution of seats the percentage of constitutional reservation will be maintained as scrupulously as possible.'7 ..... the regional backwardness is a constitutionally accepted phenomena and, therefore, the claim of special treatment to the people from backward region like maharashtra based on population is within the four corners of the provisions of the constitution and the distribution of seats taking marathwada region or area as a component ..... the process of distribution of seats the percentage of constitutional reservation will be maintained as scrupulously as possible. ..... result, the impugned rule 4.1.2.1 is held to be violative of article 14 of the constitution and is hereby struck down. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(5)BomCR76; 2009(111)BomLR3245
..... biscuits and, therefore, if the rules are to be applied as is sought to be done by the authorities to the quantity which is given free of cost, the said rules would also be in violative of article 19 of the constitution of india as the right of the petitioner to do business in the manner it deems fit would be affected. ..... any manner inasmuch as the petitioner would be entitled to pack the quantity which is given free in a separate package and, therefore, the said rule cannot be said to be in violation of article 19 of the constitution of india.the learned counsel appearing for the respondent no. ..... the said act and rule for the same to be violative of article 14 of the constitution of india, as the object of the said rule is consumer protection. ..... in a separate package or pack it in a package of a standard quantity, mentioned in the schedule the requirement to pack particular commodity in a standard package, in our view, does not, in any manner, violate article 19(1)(g) of the constitution of india. ..... standard quantity results in a package of standard quantity mentioned in the schedule, and therefore, in our view, it cannot be said that the said rule is arbitrary and violative of article 14 of the constitution of india.22. ..... be interpreted in the manner as is sought to be done by the authorities, it cannot be said that the same is a reasonable restriction as the same amounts to interfering with the freedom to do business as envisaged under article 19(1)(g) of the constitution of india.13. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR89
..... the petitioner who claims to be a social activist and general secretary of north mumbai district congress committee has brought this petition under article 226 of the constitution of india praying that the municipal corporation of greater mumbai and other public authorities be directed by writ of mandamus or any other writ, order or direction to demolish the illegal construction raised on ..... emphasizing on the restricted scope of judicial review under article 226 of the constitution of india, it is also contended that the court does not act as an appeolate authority and even if a decision taken by the government does not appear to be agreeable to the court, the court would not interfere unless ..... affidavit filed on behalf of the corporation, an objection is taken that the writ petition is not maintainable under article 226 of the constitution of india, while on facts it is stated that cts no. ..... action of such constitutional authority is expected to be in conformity with the prescribed procedure and larger public interest and then alone the action would help to further the goals of fairness in public policy set down in the constitution of india....10. ..... holds public office though he gets constitutional status and performs his functions under the constitution, law or executive policy. ..... therefore, a duty that they perform their functions statutorily or otherwise in accordance with law and the constitutional mandate. ..... , reliance has been placed to the case of union of india and ors. v. lt. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4111
..... of the petitioners it was submitted that the central act is enacted under the same legislative entry in list iii of the seventh schedule to the constitution of india as the state act, and substantially covers the same field as the state act. ..... relying on the provisions of article 254 of the constitution of india, it was claimed that the provisions of the state act, which do not permit a private security agency to carry on its business without obtaining exemption from the state government under the state act ..... of the learned single judge and the judgment of the division bench in appeal, a petition for special leave to appeal under article 136 of the constitution of india was filed before the supreme court. ..... sought to be challenged as being a retrograde piece of legislation and violative of articles 14 and 21 of the constitution of india apart from being contrary to the directive principles contained in articles 38, 39, 41, 42, 43 and 46 of the constitution of india. ..... an earlier law made by the parliament and it occupies the same field and since no assent of the president of india has been obtained to this amending act, the same be declared as unconstitutional on the touchstone of article 254(2) of the constitution of india. ..... the original act which can be called to be a substantial one and can it be said that thereby any element of unreasonableness or unequal treatment is introduced between those who are similarly situated so as to invoke article 14 of the constitution of india. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR569; (2008)110BOMLR2892
..... supp1scr317 , the supreme court while dealing with a circular issued by the government in furtherance to its policy decision clearly indicated the test that even such policy decisions are required to satisfy test of article 14 of the constitution of india ..... should be used in public interest, should be exercised objectively , rationally, intelligibly, fairly and nonarbitrarily.it should not be made in an undue haste, disregarding the procedure and in any case should not vitiate the spirit of article 14 of the constitution of india.25 ..... even prior thereto, the supreme court had observed that the rule that the absence of arbitrary power is the first essence of the rule of law upon which our whole constitutional system is based and discretion when conferred upon executive authorities must be continued within clear defined limits ..... all these judgments clearly indicate that arbitrariness of any kind regarding such reservation without any basis, justification or within the permissible mandate of the constitutional exception of article 14 are subject to judicial intervention and if they are found to be arbitrary, would be liable to be quashed ..... whatever the laws in force, the notifications issued in furtherance to the provisions of the different acts, the state government policy as well as the judicial pronouncements including those of supreme court of india have without fail emphasised the need for adherence to the specified parameters in relation to various aspects of professional education in the country .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR580; 2009(2)BomCR298; (2008)110BOMLR3667; 2008BusLR61(Bom)
..... nair submitted that it is a settled law that refund of duty wrongly realised from a taxpayer cannot be retained as it clearly amounts to unjust enrichment without any specific provision of law to that effect and that article 265 of the constitution of india clearly lays down that no tax shall be levied or collected except by authority of law and as held in the case of mafatlal industries ltd. v. ..... the first question is that if that was the intention of the constitution makers, then why did they not say so in so many words? ..... sales tax cases 1998 vol iii 467 that the mandate of the constitution is lucid and clear and must be taken to mean what it says. ..... it has been contended on behalf of the union of india that article 265 merely lays down that no direct tax shall be levied or collected except by authority of law. ..... union of india and ors. .....
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