Court : Mumbai Nagpur
..... and also having some landed property situated within limits and territorial jurisdiction of amravati municipal corporation vide document (exh.96) filed in regular civil suit no.127 of 2002 pending in the court of civil judge (sr.dn. ..... siddegowda @ motegowda reported in (1994) 4 scc 294 that the suit for partial partition is not maintainable when all the joint hindu family property and all the co-sharers are not included in the suit. 6. ..... 6 (para 16), wherein it is observed thus: before adverting to the rival contentions of the parties, it must be kept in mind the principle that ordinarily a party should not be prejudiced by an act of court. .....
Tag this Judgment!Court : Mumbai Nagpur
..... commissioner and every endeavour should be made by the assistant charity commissioner to decide such change reports expeditiously and in case of any dispute amongst the trustees, power under section 41 a of the bombay public trusts act can be invoked either suo motu by the assistant charity commissioner or on application of the trustees or the persons connected with the trust or the education or other authority for issuance of directions in the matter of ..... not only that the division bench of this court in the decision cited supra went to the extent of saying, with which we fully agree, that charity commissioner acts even as a litigant on behalf of the trust he having been empowered to file appeals or other proceedings before the court or he is even entitled to defend on behalf of the public trusts or actions ..... in that context the apex court in para 11 of the said judgment has observed that in absence of any requirement in the act that the alteration in the rules and regulations must be registered with the registrar, it cannot be held that registration of the amendment is a condition precedent for such ..... is also not possible to agree with the statement that in the absence of any order under section 41 a of the bombay public trusts act, only those persons whose names are entered in the register can continue to manage the affairs of the trust. ..... scc 382, municipal committee and hoshiarpur ..... real estate corporation ltd. ..... court in fa 578 of 1994, 579 of 1994, 580 of 1994 and 581 of 1994. .....
Tag this Judgment!Court : Mumbai Nagpur
..... what must be pleaded and proved to invoke the aforesaid principle is that (i) the workman is holding a position of trust and confidence; (ii) by abusing such position, he commits acts which results in forfeiting the same; and (iii) to continue him in service would be embarrassing and inconvenient to the employer or would be detrimental to the discipline or security of ..... he then submitted that the jurisdiction of the industrial court under section 44 of the said act was very limited and there was no scope for interference with the finding recorded by the trial court that the enquiry was not fair ..... punjab state warehousing corporation, 2010(1) scale ..... road transport corporation and ors. ..... gajraula and another, (2008) 1 scc 575, assistant engineer, rajasthan development corporation and another vs. ..... municipal council, sanaur, ..... course of service, a chargesheet was issued on 5-2-1994 by the employer. ..... filed the complaint before the labour court under items 1(a)(b)(d) and (f) of schedule-iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (herein after referred to as the said act). ..... of the enquiry proceedings could not be termed material on record in terms of section 11a of the industrial disputes act, 1947. 16. ..... in directing grant of compensation of an amount of rs.1 lakh to the employee despite maintaining the finding recorded by the labour court that the employer had engaged in unfair labour practice under item 1 of schedule iv of the said act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... . the provincial government of the central provinces and berar was the first defendant, the deputy commissioner of bhandra district was the second defendant and the gondia municipal committee was the third defendant in one suit; and in other suits, the disciplinary fund committee was impleaded as third defendant, apart from the members of the ..... , the learned counsel for the appellant-claimant is that, the reference court has answered the issue of limitation in favour of the claimant and in the absence of there being any appeal under section 54 of the said act or the cross objection under order 41, rule 22 of c.p,.c, this court cannot go into the question of correctness of such finding recorded by the reference court in an appeal filed by the claimant seeking further enhancement of compensation ..... even if, in appeal, the finding on the question of limitation recorded by the reference court is reversed, holding that there was a bar of limitation in entertaining or deciding the application under section 18 of the said act, in the absence of there being any appeal or cross objection as required by order 41, rule 22 of c.p.c by the respondent, the appellate court is not empowered to set aside a decree passed by the ..... hold that no award as envisaged by section 11 of the act was declared on august 29, 1994, since the claim of the appellant was considered and was ..... for construction of bus depot, quarters of staff and other allied establishment of maharashtra state road transport corporation. .....
Tag this Judgment!Court : Mumbai Nagpur
..... hon'ble apex court has observed that when a power or function is given by statute to a corporate body and no provision is made in the statute as to how such power or function has to be exercised, the corporate body by a resolution passed at the general meeting devise its own mode of exercising its own power ..... this court has to consider dispute about need of passing of an order under rule 117(4) of 1967 rules on two inquiry reports under section 40 of 1963 act so as to make it cognizable under section 45 for the purpose of issuance of show cause notice and then, whether there has been effective consultation with respondent ..... district deputy registrar, cooperative societies, amravati, an opinion that if the board of directors have violated provisions of 1963 act, 1967 rules or then byelaws, district deputy registrar, cooperative societies is permitted to take appropriate decision about the same should ..... , (supra) relied upon to submit that action taken under rules or orders passed under rules must be treated as under principal act and judgment in the case of pepsuroad transport corporation, patiala vs. ..... it is held that an administrative judge or an administrative committee is a mere instrumentality through which the entire court acts for the more convenient transaction of its business, the assumed basis of the arrangement being that such instrumentality will only act in furtherance of the broad policies evolved from time to time by the high court as a whole. ..... , reported at 1994 mh.l.j. .....
Tag this Judgment!Court : Mumbai Nagpur
..... prior to the amendment of 1972 in maharashtra a division bench of this court in the case of the charity commissioner bombay...versus...the municipality taloda and others, decided on 28.8.1962 (1962 indian law reports (bombay series) 732 was called upon to decide the question about the nature of power exercised by the charity commissioner under the provisions ..... not only that the division bench of this court in the decision cited supra went to the extent of saying, with which we fully agree, that charity commissioner acts even as a litigant on behalf of the trust he having been empowered to file appeals or other proceedings before the court or he is even entitled to defend on behalf of the public trusts or actions of charity commissioner ..... shri khapre appearing for the appellant in letters patent appeal no.368/2011 made the following submissions : (i) the bombay public trusts act, 1950 was enacted to regulate and make better provisions for the administration of public religious and charitable trusts in the state of ..... act, 1950 states that the charity commissioner to be corporation sole and shall have perpetual succession and common seal and may sue and be sued in the corporate ..... a purposive interpretation may permit a reading of the provision consistent with the purpose and object of the act but the courts cannot legislate and enact the provision either creating or taking away substantial rights by stretching or straining a piece ..... akol a and another, reported in 1994 (1) mh.l.j. ..... 1994 .....
Tag this Judgment!Court : Mumbai Nagpur
..... though said affidavit can not be looked into, still the departmentalization of canteen by respondent 2 since august 1994 can not be disputed.burden to prove continuation in service of canteen of these 13 workmen was upon petitioner & it has ..... invited to definition of mine as contained in section 2(1)(b), to provisions of fourth schedule and to provisions of fifth schedule of industrial disputes act,1947, to urge that any increase or decrease in number of workers is to be regulated in accordance with these schedules & its ..... the cgit that co-operative society started managing canteen on 15.12.1991 and thereafter in 1994, canteen was taken up departmentally; no steps under section 33a of the id act have been taken by petitioner union. m.g.k. ..... judgments of the hon'ble apex court and definition as contained in section 2(1)(h) of mines act with this material clearly demonstrates that the activity of canteen could not have been started ..... who works under appointment by the owner, agent or manager of the mine or with the knowledge of the manager, whether for wages or not in any welfare, health, sanitary or conservancy services to be provided under this act or watch and ward, within the premises of the mine excluding residential area. ..... corporation, reported at ..... municipal council, reported at 2009 iv llj 709 (kant) is the judgment of learned single judge, relied upon to urge that when contractor has not taken out a licence, it does not give any right ..... municipal council, darwha, reported .....
Tag this Judgment!Court : Mumbai Nagpur
..... from the averments made in the petition, the documents filed on record and the points urged in the argument, it is transpired that the act of respondents nos.1, 7 and 8 in rejecting the tender of the petitioners and awarding the same to respondents 2 to 6 is questioned by the petitioners mainly on the following grounds:- (i) that the period of subject tender was intentionally scaled down to six ..... it is the contention of the petitioners that respondent no.1 being public body was required to act in a just, fair and transparent manner and its action should be free from vice of arbitrariness and in conformity with article 14 of the constitution. 5. ..... hindustan petroleum corporation ltd. ..... municipal council, sendhwa and another : (2012) 6 scc 464 (x) haast precision pvt. ..... respondents 1, 7 and 8 have justified the act of awarding subject-contract to respondent nos. 2 to 6. ..... union of india : (1994) 6 scc 651. ..... union of india reported at (1994) 6 scc 651. 13. mr. .....
Tag this Judgment!Court : Mumbai Nagpur
..... should not invoke its jurisdiction; (b) the existence of effective alternative remedy provided in the contract itself is a good ground to decline to exercise its extraordinary jurisdiction under article 226; and (c) if the instrumentality of the state acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of article 14 of the constitution of india in its contractual or statutory obligation, writ petition would be maintainable. ..... in said case, the contractor had already failed to complete the work of road construction within stipulated time and a new advertisement was issued by the corporation inviting fresh tenders for that work. ..... of u.p that even in the domain of contractual matters, the high court can entertain a writ petition on the ground of violation of article 14 of the constitution when the impugned act of the state or its instrumentality is arbitrary, unfair or unreasonable or in breach of obligations under public law. ..... judge bench in food corporation of india v. ..... corporation did raise three grounds in defense ..... in pimprichinchwad municipal corpn. ..... if show cause notice dated 18.10.2013 was never acted upon and ultimately dropped, action taken belatedly on 19th/20th february 2014 on the basis of show cause notice issued about 2 months earlier ie on 28/29th november 2013; could not have been without ..... union of india, (1994) 6 scc 651, observed in para 77 that the duty of the court is to confine itself to the question of .....
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