Court : Mumbai Nagpur
..... senior counsel, further submits that there has been no violation of any provisions of the act, 1965, much less section 72 of the said act. he submits that the provision of section 72, as it existed in the original act, came to be substituted by the amending act no. 15 of 2012 and the substituted section 72 came into force with effect from ..... any prior technical sanction from an engineer designated or recognized by the state government as per the proviso to section 72, as it stood prior to 2012 amendment. he submits that this act on the part of the petitioners, apart from being violative of section 72, was also violative of clause 18 of the standing order no.36. according ..... granted. 23. in order to ascertain the correctness of these arguments, it would be necessary to briefly consider the unamended provision of section 72 of the said act and also it's amended version. in the unamended provision of section 72, there was a proviso which specifically put a cap of rs.40,000/- in the case of c .....
Tag this Judgment!Court : Mumbai Nagpur
..... is made available to the petitioner under that provision. the water policy has been elevated to a status of statue by 2011 amendment i.e. section 31b of the maharashtra water resources regulatory authority act, 2005. the water policy of state government and grant of water to the petitioner is deemed to be under section 31b. ..... be considered as adequate irrigation restoration charges. in paragraph no.11, the said division bench also takes note of the fact that the petitioner is paying block water tariff at a higher rate of rs. 32 per 10000 liters. paragraph no. 14 of the said order shows that amount of rs. 10 crores was deposited on ..... it [the insurance company] requires (sic) to satisfy the requirement of reasonableness and fairness while dealing with the customers. even in an area of contractual relations, the state and its instrumentalities are enjoined with the obligations to act with fairness and in doing so, can take into consideration only the relevant materials. they must not take any .....
Tag this Judgment!Court : Mumbai Nagpur
..... the rights under articles 14, 19(1)(g) and 21 of the constitution have been abrogated by clause (5) of article 15 of the constitution and that the (ninety-third amendment) act, 2005 of the constitution inserting clause (5) of article 15 of the constitution is valid. it then proceeds to consider the issue of validity of article 21a of the constitution ..... bench. as per the reference order, the constitution bench had to decide on the validity of clause (5) of article 15 of the constitution inserted by the constitution (ninety-third amendment) act, 2005 with effect from 20.01.2006 and on the validity of article 21a of the constitution inserted by the constitution (eighty-sixth ..... amendment) act, 2002 with effect from 01.04.2010. the matter in which occasion to refer arose has itself been disposed of by the very same three hon'ble judges and that .....
Tag this Judgment!Court : Mumbai Nagpur
..... ignored but rather upheld public interest and has given due place for public sentiments and grievances (see section 11a, which has been introduced by amendment to the act in 1997). section 12 provides for prohibition of manufacture of liquor and construction and working of distillery or brewery. section 13 prohibits sale of ..... from one country to another according to differences in climate, diet, economic conditions and even within the same country according to differences in habits, social customs and standards of public morality. a new factor of growing importance since the middle of the 19th century has been the rapid urbanisation, industrialization and ..... hanuman temple within 100 metres from the establishment. the visitors to the temple suffer inconvenience and embarrassment because abuses are hurled by the drunkards and inebriated customers. there is eating house licence given to the proprietor of the appellant. however, without taking into account the views of the residents of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... ignored but rather upheld public interest and has given due place for public sentiments and grievances (see section 11a, which has been introduced by amendment to the act in 1997). section 12 provides for prohibition of manufacture of liquor and construction and working of distillery or brewery. section 13 prohibits sale of ..... from one country to another according to differences in climate, diet, economic conditions and even within the same country according to differences in habits, social customs and standards of public morality. a new factor of growing importance since the middle of the 19th century has been the rapid urbanisation, industrialization and ..... hanuman temple within 100 metres from the establishment. the visitors to the temple suffer inconvenience and embarrassment because abuses are hurled by the drunkards and inebriated customers. there is eating house licence given to the proprietor of the appellant. however, without taking into account the views of the residents of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... and research limited and another, reported in 2008 (10) supreme court cases 227 in paragraph no.17, the apex court held that when an amendment is made to an act, or when a new enactment is made, heydon's mischief rule is often utilized in interpreting the same. in the case of sri ram saha ..... that what is prohibited directly cannot be permitted to be achieved indirectly." understood thus, we have no hesitation in observing that --------which has been specifically inserted by amendment of 1971,virtually otiose. 44. useful elaboration on dogmatism and pragmatism in so far as principles of natural justice are concerned is contained in recent judgment reported ..... supreme court cases 181 (rajesh kumar and others..versus.. d.c.i.t. and others). (21) air 2008 supreme court (supp) 702 (kothari filaments and another..versus.. commissioner of customs (port), kolkata and others). (22) air 2002 supreme court 2308 (m/s. i.t.i. ltd. ..versus. m/s. siemens public communication network ltd.) (23) 1975 bci .....
Tag this Judgment!Court : Mumbai Nagpur
..... granted exparte injunction on 21.2.2011, restraining the defendants from encashing the bank guarantees pending the decision of the application at exh.5. the plaint was thereafter amended and in addition to the existing reliefs, a decree for an amount of rs.5,16,69,618/- was claimed along with the damages of rs.1.00 ..... relating to the terms of the contract. (ii) the bank giving such guarantee is bound to honour it as per its terms irrespective of any dispute raised by its customer. (iii) the courts should be slow in granting an order of injunction to restrain the realisation of a bank guarantee or a letter of credit. (iv) since ..... the eventualities mentioned in the deed of guarantee. 19) in the context of the aforesaid position of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', 'principal debtor' .....
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