Court : Mumbai
Reported in : 2001(2)ALLMR379; (2001)1BOMLR482; 2001(1)MhLj572
..... the administration of the trust. in this view of the matter, there is no escape from the finding that the suit falls within the purview of section 50 of the act, and as such the trial court rightly dismissed the same.'it is thus clear that in our case the plaintiffs have tried to establish their right to ..... case and vehement submissions of both the learned counsel on behalf their respective parties. i have to decide the present appeal involving a sensitive though of course not explosive issue touching the religious practices of the jain members of the trust. i do not wish to enlarge the scope of the present dispute touching the sentiments ..... judge further held that for the purpose of exercising the rights of worship there was no question of obtaining the permission of the charity commissioner under section 51 of the bombay public trusts act. the learned judge however directed the respondents (plaintiffs) to join the charity commissioner as a party defendant. this order was carried further in .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR231; 2001(1)BomCR230
..... to the writ petition. it transpires therefrom that the petitioner who was accused in the criminal case was chargesheeted for the offence punishable under section 5 read with section 9-b(1)(b) of the explosives act, 1884. the prosecution case was that the petitioner was found selling the crackers at the time of diwali 1983 without licence. on 21-10 ..... legal position if the facts of the present case are seen, the admitted position is that the petitioner had applied for licence and permission as required under section 5 of explosives act for selling crackers to the concerned authorities on 5-10-93. he deposited the requisite fee on 12-10-93. no objection certificate was also given ..... the decision in this writ petition.4. the only question that falls for determination in this writ petition is, whether conviction of the petitioner under section 9-b(1)(b) of the explosives act by the judicial magistrate, first class, court no, 2, pune vide its judgment and order dated 28-1-97 amounts to an offence .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)BomCR796; [2000(86)FLR825]
..... cannot be said to be not maintainable, even though such a dispute may also constitute an 'industrial dispute' within the meaning of section 2(k) or section 2-a of the industrial disputes act, 1947.(2) where, however, the dispute involves recognition, observance or enforcement of any of the rights or obligations created by the ..... in respect of the exclusive remedy for the college employees provided under the poona university act, by the following observations of the supreme court to explain the legislative philosophy to enact several statutes to meet the litigative explosion and concentration in the civil courts. to decentralise the judicial powers is a device in ..... public interest.'at the same time, we must emphasise the policy of law underlying the industrial disputes act and the host of enactments concerning the workmen made .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(1)BomCR685; (2001)1BOMLR358; 2000(4)MhLj597
..... water board, telephone exchange, state bank of india. indian oil corporation, central food technology institute, central board of workers education. central government department of explosives, maharashtra state electricity board and like other offices of the state government and central government total numbering 16 offices. the note also indicates that this ..... relevant observations are as under :'in view of admitted position that the land in question was acquired under the land acquisition act, 1894 by operation of section 16 of the land acquisition act, it stood vested in the state free from all encumbrances. the question emerges whether the government can assign the land to ..... moreover, directing restoration of the land on repayment of compensation paid to the owner together with increased amount of compensation paid under section 18 of the land acquisition act as also the simple interest at government rate was also against the public interest. the land was acquired in 1963 and it was .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)ALLMR48; 2001(2)BomCR224; (2001)2BOMLR221; [2001(88)FLR1]; (2002)IVLLJ354Bom
..... parties completed their pleadings and adduced oral evidence before the tribunal. the industrial dispute was referred for an adjudication to the tribunal under section 10(l)(c) read with section 12(5) of the industrial disputes act. 1947. by this award dated 13th may, 1995, the learned member of the industrial tribunal has put blame on both the ..... the assistance of the employees in various departments, which are inter dependent, no operations can be started and carried on, except at a very high risk of explosion which would put life and plant in jeopardy not only within the refinery premises but also in the neighbouring areas. it is further significant to note that ..... has stated that the refinery handles inflammable hydro carbon material and any release of such material in the atmosphere can create a hazardous situation resulting in fire or explosion. he has given great emphasis on the care to be taken to hand over the equipment handling, different types of gases and that any defect or leakage .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)ALLMR196; 2001(3)BomCR828; (2001)4BOMLR388
..... of a suit in this court is not less than 25 years, while in the districts elsewhere it might be on an average 5/6 years. there has been dockets explosion. why not litigate at the legitimate place where results are quicker? here one has to hand down the litigation to his/ her legal heirs 15. at the request of ..... bagulia, :-here the question before the division bench of our court was whether the cause of action had arisen in the context of section 20(c) of the c.p.c. read with section 4 of the indian contract act, it was a case of sale and purchase of goods. this judgment also is not applicable.(iii) bai urmilabai v. jehangir b. ..... round. the situs of the land is the predominant and crucial factor to determine jurisdiction of this court and every civil court. for ready and instant reference i reproduce the section 16 of the code of civil procedure as below :-'suits to be instituted where subject matter situate:- subject to the pecuniary or other limitations prescribed by any law, suits - ( .....
Tag this Judgment!Court : Mumbai
Reported in : 2001BomCR(Cri)537; (2001)2BOMLR307; 2001(2)MhLj437
..... to disturb, public order. explanation - in this clause -(a) 'firearms' shall have the same meaning as in the arms act, 1959; (b) 'explosive substances' shall have the same meaning as in the explosive substances act. 1908; (c) 'public properly' means any property owned or controlled by the government or by a corporation owned or controlled ..... subjective satisfaction once recorded by the detaining authority cannot be lightly interfered with by the court. in any case, by virtue of provisions of section 5a of the act, even assuming that the subjective satisfaction recorded by the detaining authority that normal law of land is inadequate or ineffective - is a ground of ..... by the government or by a society financed wholly or substantially by the government; (b) 'detention order' means an order made under section 3: (c) 'detenu .....
Tag this Judgment!Court : Mumbai
Reported in : II(2001)ACC139; 2002ACJ85; 2001(2)ALLMR75; 2001(3)BomCR269
..... others, 1992 m.l.j. 1156, the division bench of this court also held that in case of composite negligence of the drivers of two vehicles, section 110-b of the motor vehicles act mandates the tribunal not only to determine the amount of compensation but also to specify the amount payable by the insurer or the owner, or the driver ..... aspect of the matter which had led us to differ from the full bench decision of the rajasthan high court. the same is what finds place in sub-section (2) of section 95. that sub-section specifies the limits of liability and clause (a) deals with goods vehicle; and insofar as the person travelling in goods vehicle is concerned, it has confined ..... searching for a gas leak each applied a naked light to a gas pipe in turn and one of them caused an explosion, they were held to be joint tortfeasors but where two ships collided because of the independent acts of negligence of each of them, and one of them, without further negligence, collided with a third, it was held .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom366; (2001)3BOMLR544; 2001(2)MhLj919
..... dahisar police station and on its basis c. r. no. 303/ 1998, under sections 302. 307 and 333 r/w section 34 of the indian penal code r/w sections 4 and 5 of the indian explosive substances act and sections 3 and 25 of the arans act was registered.afterwards the investigation of the said c. r. was taken over by the ..... other associate of janardhan pasi. to look for other associates of janardhan ramchandra pasi the petitioner went towards themain gate of the hotel. in the meantime, a bomb explosion took place. the bomb was exploded by janardhan pasi. it had been concealed by him in a plastic bag under his vest. in the meantime, the petitioner turned ..... wherein two police constables died and some persons received injuries.5. we have reflected over the rival submissions. in our view, the submission of mr. tulpule that the act of kiran ramchandra shelar, the d.c.p., in not recommending the petitioner for the said insignia was ex-facie arbitrary and discriminatory, is misconceived. the two affidavits .....
Tag this Judgment!Court : Mumbai
Reported in : [2001]251ITR806(Bom)
..... regulation, 2000, made it compulsory for all ship breaking units to comply with all the requirements applicable to industrial units under the factories act, pollution control board regulations and explosive regulations. that is how the ship breaking activity is understood and carried out in the country treating it as an 'industrial undertaking'.10. ..... hereinafter has been referred to us for our opinion, whereas, in some cases the assessees have invoiced the appellate jurisdiction of this court under section 260a of the act to challenge the judgments of the tribunal delivered in various appeals. all the cases were heard together and are being disposed of by this ..... nature involved in construction of a dam . . .'25. the supreme court also expressed the view that the expressions used in the relevant clause of section 32a must be understood in their normal connotation and according to commercial usage. viewed from that standpoint and the legislative history of the provision, their lordships .....
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