Court : Mumbai
Decided on : Mar-27-1989
Reported in : 1990(2)BomCR70
..... the defendants contended that they being halba koshtis by caste have been notified as a schedule tribe. as such, as laid down under sub-section (2) of section 2, the provisions of the act of 1956, have no application. the parties are governed by old hindu law as well customary law. they further contended that the plaintiff in ..... the meaning of clause 25 of article 366 so as to attract the exception as provided in sub-section (2) of section 2 of the act of 1956.11. the parliament as provided under clause 2 of article 342 passed the act of 1976. as per the preamble, it is enacted to provide inclusion or exclusion in the ..... specified in relation to them for the purposes of exception as provided under sub-section (2) of section 2 of the hindu succession act, 1956 (hereinafter referred to 'the act of 1956) ?b. the scheduled castes and scheduled tribes order (amendment) act of 1976 (hereinafter referred to the act of 1976) being a declaratory statute, operates retrospectively ?2. the plaintiff .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1989
Reported in : 1989(2)BomCR500; (1989)IILLJ377Bom; 1989MhLJ566
..... although the society enjoys certain amount of autonomy, it is not find to amend its bye-laws unless the amendment has been registered under the act. (section 9 of the act). the registrar may refuse to register the amendment to the bye-laws. this authority of the central registrar enables him to restrict, curtail and, ..... to inspection by authorities. the reserve bank of india is bound to cause inspection of the bank if so directed by the central government. (banking regulation act - section 35). the central registrar appointed by the central government may inspect the bank and hold, on his own motion, inquiry into the constitution, working and financial ..... the multi-state co-operative society cannot carry on banking business or open new branches without the licence of the reserve bank of india. (banking regulation act - sections 22 and 23). in addition, the central registrar exercises the power to register or refuse to register the society thereby controlling the existence and expansion of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1989
Reported in : 1990(3)BomCR27
..... it is because of the above settled view of the supreme court that section 49 is introduced in the act by the bombay prohibition (amendment) act, 1981, in which it is provided as follows :-'49. not withstanding anything contained in this act, the state government shall have the exclusive right of privilege of importing, exporting ..... the country liquor rules') and the bombay foreign liquor rules, 1953) (for short 'the foreign liquor rules') respectively, framed under the bombay prohibition act, 1949 (for short, the 'act'), on the ground that the said licensing rules are arbitrary, discriminatory and are thus violative of article 14 of the constitution of india (for ..... , transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this act or any rules or orders made thereunder, any fees are levied and collected for any licence, permit pass, authorisation or other permission given to any .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-13-1989
Reported in : 1989(2)BomCR311; (1989)91BOMLR852; 1989MhLJ727
..... against the petitioner karkhanis also.in my judgment, the view taken by the appellate court is erroneous since the expression 'subject to the provisions of this act' occurring in section 14(2) does not manifestly have the import given to it by the learned judges of the appellate bench, for such construction would practically nullify the ..... gets full protection from eviction, as the decree passed against the tenant/licensor is not binding on him. the expression 'subject to the provisions of this act' in section 14(2), however, indicates that such protection is not absolute as it is always permissible for the landlord to seek the eviction of such tenant under ..... on the ground that bharucha has obtained other residential accommodation, dismissed it against the petitioner karkhanis holding that he has become a deemed tenant under section 15-a of the act. the appellate court however, while fully agreeing with the finding of the fact recorded by the trial court, took the view that whatever right, .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-13-1989
Reported in : (1989)91BOMLR692; 1990CriLJ351; 1989MhLJ604
..... under criminal procedure code.4. there is great merit in the contention raised by counsel for the two petitioners and on a perusal of few sections of the juvenile justice act, 1986 read with certain sections of the code of criminal procedure it will clearly establish that even in matters of offences punishable with death or imprisonment for life the ..... the offence is punishable with death or imprisonment for life cannot be dealt with by the specially empowered court but in reality it is not so. section 21 of the juvenile justice act, 1986 confers jurisdiction solely on a juvenile court to be constituted under s. 5 read with s. 7 and in the absence thereof on ..... and in the absence thereof by the concerned judicial magistrate, first class within whose jurisdiction the offence is alleged to have been committed vide sub-section (2) of s. 7 of the act. the impugned judgment and order of the learned sessions judge dated 19th october, 1988 insofar as it directs separate trial by itself qua the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1989
Reported in : 1990(2)BomCR232; 1990CriLJ615; 1989MhLJ791
..... supreme court of original unamended article 226. thus, the conclusion about irrelevancy of cause of action reached therein in rendered per incuriam.9. section 41 of the bombay reorganization act or the appellate side rules cannot and do not curtail or abridge constitutional rights under article 226. they merely regulate the manner of ..... nitin industrial association v. state : air1986bom298 in which it is held that cause of action does not attract jurisdiction under article 226 and that section 41 of the bombay reorganisation act, 1960 (under which nagpur bench is constituted) and chapter xxxi of the bombay high court. appellate side rules, 1960 (which deal with ..... has by this habeas corpus petition under article 226 of the constitution, challenged the order of detention passed under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 ('the cofeposa act') against his son-in-law haren choksey - a dealer in imported cars.2. the detenu is a .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-21-1989
Reported in : 1989(3)BomCR353; [1989(59)FLR491]; (1989)IILLJ340Bom; 1989MhLJ476
..... the respondents nos. 1, 2 and 3 are respectively the state of maharashtra, the secretary, government of maharashtra, agriculture and co-operation department and the section officer in the said department. the respondents nos. 4 and 5 are respectively the inquiring authority who inquired into the conduct of the petitioner and the ..... being heard in respect of the charges, continues throughout the inquiry. this primary duty, which has not been abridged by the constitution (42nd amendment) act, 1976, exists not only during the proceedings before the inquiring authority but continues until the disciplinary authority arrives at its conclusions.19. since the petitioner ..... given reasonable opportunity of making representations on the penalty proposed but only on the basis of the evidence adduced during his inquiry'. constitution (42nd amendment) act, 1976 further amended clause (2) of article 311. the provision that the government servant shall not be dismissed, removed or reduced in rank without .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-21-1989
Reported in : (1991)ILLJ591Bom
..... by the government of india, ministry of labour and employment, s.o. no. 3202, dated 12th november 1963 the wage board came to be constituted. section 12 of the act no. xlv of 1955 empowers the central government to enforce the recommendations of the wage board. accordingly the central government accepted the recommendations of the wage board, ..... date on which the recommendations of the wages committee have come into force is the date of publication of the aforesaid order under subsection (3) of section 6 of the act no. xxix of 1958 and that date is 29th may, 1959. once the order is brought into operation, it becomes enforceable and every working journalist is ..... the recommendations of the committee contained in chapter iii of its report subject to modifications mentioned in the order itself in exercise of the powers conferred by section 6 of the act (no. xxix of 1958). a direction was also issued by the central government that the said order shall come into operation on the dates specified .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-21-1989
Reported in : 1989(3)BomCR81; (1991)ILLJ591Bom
..... iii. the date on which the recommendations of the wages committee have come into force is the date of publication of the aforesaid order under sub-section (3) of section 6 of the act no. xxix of 1958 and that date is 29th may, 1959. once the order is brought into operation, it becomes enforceable and every working ..... by the government of india, ministry of labour and employment. s.o. no. 3202, dated 12th november 1963 the wage board came to be constituted. section 12 of the act no. xlv of 1955 empowers the central government to enforce the recommendations of the wage board. accordingly the central government accepted the recommendations of the wage board, ..... the recommendations of the committee contained in chapter iii of its report subject to modifications mentioned in the order itself in exercise of the powers conferred by section 6 of the act (no. xxix of 1958). a direction was also issued by the central government that the said order shall come into operation the dates specified in .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-21-1989
Reported in : AIR1990Bom348
..... fixed by the tribunal wasreasonable calling for no interference in thisappeal.5. next question which falls for determination is whether sub-section (2) of sec. 23 of the land acquisition act, 1894 as amended by the act no. 68 of 1984 would apply making the appellants eligible to 30 per cent solatium on the market value of the ..... the approval of the state government. once that stage is over, the question of acquisition of land arises. two modes are prescribed for acquisition. section 58 of the n. i. t. act, 1936 empowers the nagpur improvement trust to enter into an agreement with any person for acquisition by purchase, lease or exchange by the trust from ..... division bench, when it decided the case of all india reporter limited : (1983)85bomlr321 .13. though we have held that sub-section (2) of s. 23 of the land acquisition act as amended by act no. lxviii of 1984 would be applicable to the compulsory acquisition made by the nagpur improvement trust under their scheme, the question still .....
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