Court : Mumbai
Reported in : 2008(6)BomCR14; (2008)110BOMLR3445
..... booking and despatching goods originating in the vessels in the port and intended for carriage by the neighbouring railways, or vice versa, as a railway administration under the indian railways act, 1890; and (e) piloting, hauling, mooring, remooring, hooking, or measuring of vessels or any other service in respect of vessels. (2) a board may, ..... to take berth facility from respondent no. 2 is contrary to the ministry's guidelines for private sector participation and also contrary to the provisions of the act and violative of article 14 of the constitution of india. mr. singh also relied upon various judgments in order to substantiate his say that the action of ..... view to create and manage an offshore container terminal facility. as per the averments in the petition, the petitioners have made an application under the right to information act for the copy of the tender and the contract. however, only tender copy was made available to the petitioners. 5. the respondent no. 2 was ultimately .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR501
..... of dog bites and rabies have increased and it is further their case that the abc (dog) rules 2001 is opposed to the various local acts and pca act 1960 and ultravires article 21 of the constitution.57. according to him the present case is the case of intolerance, apathy and gross neglect on ..... service which may take the form of dismissal, discharge, retrenchment etc. or modification of punishment imposed in a domestic enquiry. an amendment of the central act introducing such provisions will make the law simpler and also will reduce the delay in the adjudication of industrial disputes.... the nation remembers with gratitude the ..... however, i respectfully agree with the following findings recorded by him.(a) that neither the mumbai municipal corporation act, 1888 (for short, 'mmc act') nor the goa municipalities act, 1968 (act no. 7 of 1969) (for short, 'gm act'), casts any mandatory obligation of mass killing of stray dogs, but they only confer discretion to the municipal commissioner .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR1802
..... development work such as organising student-centric activities for their all-round development and for providing them rich campus life as envisaged in the maharashtra universities act.part 'c'expected skills and competencies -(1) technical skills -(i) openness towards technology and a deep conviction regarding its potential applications in a knowled ..... the choice only amongst the candidates who have had administrative experience in the field of higher education in the universities referred to the schedule to the act of 1994. whereas, section 12(3b) reinforces the view that 'any eligible candidate' having specified educational qualifications and experience may be considered. ..... mutually beneficial academic programmes recommended by the board of college and university development. suffice it to observe that the term 'university' appearing in the act of 1994 or the rules framed thereunder as also the order issued by the state government, in exercise of powers under the said enactment, cannot .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR504; 1999(4)BomCR566
..... this matrix of judicial review we shall consider the contending issues presented to us.62. a) contravention of statutory provisions (a) factories act, 1948.the factories act, 1948 is an act intended for the regulation of the conditions of labour in factories, particularly with regard to their health, welfare and amenities. in order to ..... requires the preparation of on-site emergency plans by the occupier. schedule 5 to the rules appoints the chief inspector of factories appointed under the factories act (now dish) as the authority for implementation of directions and procedures in the rules in respect of industrial installations and isolated storages dealing with hazardous chemicals ..... and bulk distribution of electricity in their area of supply in greater mumbai under licence granted by the state government under the provisions of the indian electricity act, 1910.3. respondent no. 1 is the state of maharashtra; respondent no. 2 is the bombay municipal corporation; respondent nos. 3 to 7 are .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR598; (2008)110BOMLR2806
..... case may be referred by the district judge, shall pass such order with respect thereto as it or he thinks fit.' the scope of section 34 of the act has already been considered by the division bench of our high court in the case of sukhdev prasad raghubir v. rambhujarat kshampati @ rambhujarat chhampati reported in : air1983bom25 ..... to entertain revision application preferred by the respondent no. 1. to consider the correctness of that position, it would be appropriate to advert to section 34 of the act, which reads thus:34. appeal.(1) not withstanding anything contained in any law for the time being in force, an appeal shall lie-(a) in brihan mumbai ..... judgment and order dated 9th september, 2005 rejected that application. the respondent no. 1 carried the matter in revision under section 34 of the maharashtra rent control act, 1999. the said proceedings were treated as revision by the appellate bench of the small causes court. the appellate bench was pleased to reverse the opinion recorded .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... can only be industrial legislation. such legislation would be out of place in development control regulations framed under the maharashtra regional and town planning act.'notwithstanding the above, as a socio-economic measure, the state government provided a scheme for workers in amended dcr 58. the petitioners herein ..... , the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. any contra acts or actions would cause environmental pollution. environmental ecological, air, water, pollution etc. should be regarded as amounting to violation of article 21. therefore, ..... buildings or other objects of architectural, historic or artistic interest and places of natural interest or beauty and generally of protecting existing amenities. the act is one such piece of legislation.'10. mr. chagla, pointed out that harmonious with the abovementioned objects of town planning legislations, the provisions .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR477; (2008)110BOMLR3323
..... giving reasonable opportunity of hearing. no order which may cause civil consequences can be passed without reasonable opportunity of hearing. the general manager was expected to have acted in a fair and reasonable manner. in any case, the orders regarding blacklisting the petitioners are not at all sustainable and, therefore, the same are set ..... an appropriate order in judicial review proceedings where the court concludes that the decision is such that no authority properly directing itself on the relevant law and acting reasonably could have reached itin our view, considering the factual aspect of the matter, it cannot be said that the action of the first respondent ..... relaxation operated to widen the field of eligibility and competition. in the instant case, according to the learned counsel for the petitioners, the first respondent has acted in an arbitrary manner and have abused the powers vested in them and that the action of awarding the tender to respondent no. 3 is highly arbitrary. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)BomCR333; 2009(111)BomLR3853
..... has also power to decide on its jurisdiction, objection to the existence, termination or validity of the arbitration agreement unless agreed otherwise. the international arbitration act (chapter 143a) will be the governing law.76. the allegations, claims/counter claims so raised on various factual aspects covering misappropriation, fraud, defaults ..... joint ventures or strategic alliances or partnerships, mergers, demergers, spinoffs, consolidations, reorganization or any scheme of arrangement under sections 391 - 394 of the act in relation to the company;(e) approving or registering transfer of shares other than in accordance with procedure as mutually agreed between the shareholders and the ..... therein, the respondents, their assignees, representatives be restrained by an order and injunction of this hon'ble court from and in any manner acting upon the purported resolutions copi9es of which are annexed at exhibit j;e. that pending the hearing and final disposal of the arbitration proceedings .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR270
..... 'principal district judge' or first amongst the district judges of the district court.(f) such substitution does not appear to be the intention of legislature. such act of judicial substitution would mean legislating upon legislation distinct from judicial function of interpretation.23. this court therefore holds on point no. 1 that the term ' ..... 22. from scrutiny of provisions and citations on the point of jurisdiction, this court reaches following conclusions:(a) if scheme of provisions of goa civil courts act is discretely seen, it would reveal that baring that there shall be only one register (file) for entire district court.(b) judicial functions of district ..... administrator may from time to time by notification in the official gazette, alter the limits of the district or create new districts for the purposes of this act, in consultation with the high court.section 5. original jurisdiction of district court. - the district court shall be the principal court of original civil jurisdiction .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR297; 2004(5)BomCR165; 2004(3)MhLj668
..... to election of society nugatory, otiose and meaningless. unless compelled, a court of law cannot approve an interpretation which would destroy the very purpose of the act. the rule, therefore, is that a board of directors must be elected and not nominated, unless there are exceptional circumstances which must be reflected in the ..... opportunity being given to such society to represent its case.'19. it is no doubt true that in purported exercise of power under section 157 of the act, the first respondent has issued notification impugned in the present petition on 14th november, 2003. the said notification reads thus:order agriculture, animal husbandry,dairy ..... jurisdiction under article 226 of the constitution would not interfere with it. moreover, the state government has exercised power of exemption under section 157 of the act. such power is legislative in character. exercise of legislative power -primary or delegated- is not subject to observance of principles of natural justice. only thing .....
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