Court : Mumbai Nagpur
..... time has come, therefore, to say that article 14 which refers to the principle of equality should not be read as a stand alone item but it should be read in conjunction with article 21 which embodies several aspects of life. ..... the primary purpose of a writ of mandamus is to protect and establish rights and to impose a corresponding imperative duty existing in law. ..... this is because the said doctrine provides space within which equally placed competitors are allowed to bid so as to subserve the larger public interest. ..... the government was held to be equally susceptible to the operation of the doctrine in whatever area or field the promise is made contractual, administrative or statutory. ..... it is equally true that promissory estoppel cannot be used to compel the government or a public authority to carry out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the government or of the public .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is also held to be the duty of the courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. ..... 1 approached deputy charity commissioner with application for deletion of the property from register of public trust, said authority was duty bound to take steps to protect the interest of the trust and to protect the trust property. ..... cochin devaswom board, reported at (2007) 7 scc 482, found that the properties of deities, temples and devaswom boards are required to be protected and safeguarded by their trustees. ..... in some judgments, revision has been found to be not an equally effective alternate remedy. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in any case, we find that after the issue between the petitioner and the respondent with respect to protection of his services was contested and had attained finality by the judgment and order passed by division bench of this court at principal seat in ..... the larger bench has held that merely because a petition was filed claiming the relief of protection and that was either withdrawn or dismissed by the court, that itself would not follow that subsequent petition claiming the same relief would be barred by the ..... similarly, in spite of invalidation of the caste claim by the scrutiny committee, there may not be occasion to claim protection in employment in a petition challenging the order of the scrutiny committee, if by the time the petition is decided, no action is taken by the employer to terminate the services on the basis of the order of ..... submits that the petitioner in the first round of litigation had approached the learned central administrative tribunal and the division bench at the principal seat and issue with regard to grant of protection was directly and substantially in issue in the said proceedings and there has been adjudication thereof. ..... 2004 and declare that applicant's appointment to the post of ldc under the respondents is legal and valid and stands protected by the observations made by the hon'ble apex court in milind katware's case (supra)........... ? ..... earlier petitions, this court has granted the protection on the ground of parity and on the ground of equality. .....
Tag this Judgment!Court : Mumbai Nagpur
..... under the industrial disputes act, 1947 and they were entitled for the protection of the provisions of the said act. ..... it is argued that the respondents/employees are entitled to be treated equally with other similarly situated employees and are entitled for the benefits of regularization and permanency. .....
Tag this Judgment!Court : Mumbai Nagpur
..... a period of more than 6 months and although raising a dispute as to the standard rent or permitted increases recoverable under the act, the tenant makes no application in terms of section 11(3) he cannot claim the protection of section 12(1) by merely offering to pay or even paying all arrears due from him when the court is about to pass a decree against him. ..... iii relief against forfeiture, as provided under the provisions of section 15, indicates that a tenant can perform his obligation and then claim protection in the form of relief against forfeiture as forfeiture occurs in accordance with general law governing lease under the transfer of property act. ..... section 15 of the maharashtra rent act has extended protection to a tenant after the landlord seeks to exercise his right to forfeit the tenancy in accordance with ..... during pendency of the suit, the protection is available as above to the tenant to claim relief against forfeiture of tenancy provided that the tenant shall continue to be regular in payment of standard rent and permitted increases payable during the pendency of the ..... and willing to pay rent, he is protected under chapter iii of the act. ..... the object of the act is to protect such tenant who is ready and willing to pay the amount of rent (standard rent and permitted increases) and who observes and performs the other conditions of tenancy which ..... which are relevant for finding out whether the tenant pays, equally apply to concept implicit in is ready and willing to pay .....
Tag this Judgment!Court : Mumbai Nagpur
..... the implementation of the said scheme involves coordination of the activities of the owners of the land, the developers, nit, the planning authority for the city of nagpur, and protection of interests of 210 tenants, including shopkeepers and residents in the area, who are established there since last 50 years. ..... buty mahal merchants and professional tenants association ( association ), and started making representations to the nit for protection of their interests and giving suggestions for amicable resolution of the issue. 6. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the right of landlords to seek eviction on one hand and protection granted to the tenant on the ground of hardship can be balanced by the court by making enquiry into the existence of bonafide need and greater hardship which would be caused by passing the decree rather than by refusing to pass it, to ..... there is no partition by metes and bound and hence the other brother is equally an owner and landlord of two shop blocks let out to wamanrao. .....
Tag this Judgment!Court : Mumbai Nagpur
1. heard. by this petition, the petitioner has prayed for to quash and set aside the award, inquiry report dated 5.11.2004 passed by the respondent no.1 enquiry authority, chief manager, disciplinary action department, oriental bank of commerce, new delhi and the removal order dated 22.12.2004 passed by respondent no.3/disciplinary authority, deputy general manager (personnel), the order passed in appeal which was rejected by respondent no. 4/appellate authority, general manager (personnel) on 14.02.2005, the order in review application passed by the respondent no 5, reviewing authority, executive director on 9.05.2005. he has further prayed for to direction to the respondents for reinstatement of the petitioner with full back wages, arrears and continuity of service with all ancillary benefits . 2. the facts in nutshell are thus: - that the petitioner was appointed by the regional manager, south -western region of the oriental bank of commerce ltd, mumbai as a clerk-cum-cashier in the oriental bank of commerce since 7th july 1979. having performed his duties at various places, he was promoted as a head-cashier in the year 1981 and as a special assistant in the year 1985 and further as a scale-1 officer in the junior management. he had also worked as a branch manager at akola. on 3.08.1999 he had received the letter dated 3.08.1999 to appear for the interview on 16.08.1999 for the promotional scale ii officer. the petitioner had, by representation, protested as to why the .....
Tag this Judgment!Court : Mumbai Nagpur
..... ; (b) to promote discipline and the spirit of intellectual inquiry and to dedicate itself as a fearless academic community to the sustained pursuit of excellence ; (c) to encourage individuality and diversity within a climate of tolerance and mutual understanding (d) to promote freedom, secularism, equality and social justice as enshrined in the constitution of india and to be catalyst in socioeconomic transformation by promoting basic attitudes and values of essence to national development; (e) to extend the benefits of knowledge and skills for development of individuals and society ..... the dominant statutory intention is to protect dignity of teachers against any kind of harassment which they may receive at their workplace. .....
Tag this Judgment!Court : Mumbai Nagpur
..... case and, therefore, i do not think that this is a fit case for condoning the delay by putting the appellants to the condition of payment of costs to other side, especially when the other side has been vigilant in protecting its rights which have accrued to it as a result of the judgment and decree passed on 10.6.2009. ..... the honble apex court has observed that if delay is condoned even in a case where the party is negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly. ..... if a party has been thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly. 10. ..... justice must be done to both parties equally. .....
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