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Ramakant Baburao Kendre. Vs. the State of Maharashtra

Court : Mumbai

..... he further submits that the said order is totally in breach of the provisions of section 4 of the maharashtra government servants regulation of transfer and prevention of delay in discharging the official duties act, 2005 (hereinafter called as "the maharashtra transfer act"). ..... the learned counsel further submits that the learned tribunal has also referred to the provisions of section 4 of the maharashtra transfer act and the judgements of this court and has correctly applied the law laid down therein. ..... " it can thus be seen that while interpreting the aforesaid provision of the said act, this court would also have to apply heydon's rule or the mischief rule. ..... tribunal has not taken even some pains to point out as to how the law laid down in our judgements and orders, which specifically discuss and construe the provisions of sections 4 and 5 of the maharashtra transfer act, would not be applicable to the facts of the present case. ..... it is to be seen that prior to enactment of the said act, there was no enactment for regulation of transfers of government servants and the said act has been enacted with a purpose to regulate the transfers of the government servants. ..... in the present case before us, we are dealing with the provisions of the maharashtra transfer act, as have been construed by us in our earlier judgements. 22. ..... when the maharashtra transfer act stipulates recording of reasons, first it has to be recorded in the original file. .....

M.Thiagarajan Vs. Industrial Development Bank of India, and ors.

Court : Chennai

..... they owe a duty to disseminate information even suo moto.certain exemptions are listed out under section 8 of the right to information act, 2005, two of which are of significance and they read as follows:-omitted-thus the aforesaid provision leaves no room for any doubt that the 'right to privacy' fades out in front of the 'right to information' and ..... reported in (2008) 12 scc 541 and in paragraph 16, it was observed as follows:16.it is one thing to say that the public sector banks having regard to the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 should discharge their functions keeping in mind the larger public interest but ordinarily in the matter of enforcement of contract, they are to be governed by the terms thereof, which would not be amenable to writ jurisdiction of the ..... learned senior counsel further referred to the credit information companies (regulation) act, 2005 (central act 30/2005) for the purpose of emphasizing the privacy principle stated therein. ..... 31, this court had observed as follows:"31.lastly, with the advent of the right to information act, 2005, the bank has become obliged to disclose information to the public. ..... do not find any violation of either the central act 30 of 2005 or the master circular issued by the rbi. ..... as provided under section 5(c)(a) of the banking regulation act does not mean that the private companies carrying on the business or commercial activity of banking, discharge any public function or .....

Purushottam S/O Govindrao Bhagwat Vs. the State of Maharashtra and ors ...

Court : Mumbai Aurangabad

..... on behalf of the petitioner, submits that the learned tribunal has not construed the provisions of the maharashtra government servants regulation of transfers and prevention of delay in discharge of official duties act, 2005 (hereinafter referred to as the act) in its correct perspective. ..... thus be seen that while interpreting the aforesaid provision of the said act, this court would also have to apply heydon's rule or the ..... the learned counsel submits that in view of provisions of section 3 of the act, for an employee like the petitioner or the respondent no.3, the normal tenure in a post ..... is to be seen that prior to enactment of the said act, there was no enactment for regulation of transfers of government servants and the said act has been enacted with a purpose to regulate the transfers of ..... the respondent nos.1 & 2, it is submitted by the learned agp that since the petitioner was being transferred to a post, which is vacant, it will be governed by clause (i) of proviso to sub-section (4) of section 4 of the act and, therefore, no special reasons are required to be recorded. ..... he submits that in view of sub- section (1) of section 4 of the act, a government servant shall not ordinarily be transferred unless he has completed his tenure of posting ..... it is the contention of the petitioner that from 2005, he was given non-executive posts and for the first time on 14.6.2010, he came to be transferred and posted as executive engineer, public works department, division no.1, jalna, which .....

Girish Ramchandra Deshpande. Vs. Cen. Information Commr and ors.

Court : Supreme Court of India

Reported in : (2013)1SCC212

..... we are, in this case, concerned with the question whether the central information commissioner (for short the cic) acting under the right to information act, 2005 (for short the rti act) was right in denying information regarding the third respondents personal matters pertaining to his service career and also denying the details of his assets and ..... examinees to inspect evaluated answer books in connection with the examination conducted by the cbse board had an occasion to consider in detail the aims and object of the rti act as well as the reasons for the introduction of the exemption clause in the rti act, hence, it is unnecessary, for the purpose of this case to further examine the meaning and contents of section 8 as a whole.11. we are, however, ..... dated 15.6.2009 held that the income tax return have been rightly held to be personal information exempted from disclosure under clause (j) of section 8(1) of the rti act by the cpio and the appellate authority, and the appellant herein has not been able to establish that a larger public interest would be served by disclosure of this information ..... details disclosed by a person in his income tax returns are personal information which stand exempted from disclosure under clause (j) of section 8(1) of the rti act, unless involves a larger public interest and the central public information officer or the state public information officer or the appellate authority is satisfied that the ..... as per section 6(3) of the rti act, 2005. .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... the wife/appellant filed an application under domestic violence act against her husband and in-laws and obtained interim order of rs.25,000/- as maintenance and her right of residence was modified, against which, both husband and wife preferred appeals in c.a.no.39/2010 for reducing interim maintenance ..... she filed an application under domestic violence act and obtained an interim order of rs.25,000/- per month as interim maintenance, against which, both husband and wife preferred appeals in c.a.nos.39 and 46 of 2010 respectively. ..... ) sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. .....

Technology Development Board a Body Corporate Constituted Under the Te ...

Court : Karnataka

Reported in : 2007(4)KarLJ601

..... and incorporated under the companies act, 1956(1 of 1956) and banking company within the meaning of section 5(c) of the banking regulation act, 1949 (10 of 1949) pursuant to the industrial development bank (transfer of undertaking and repeal) act, 2003 (53 of 2003) (idbi repeal act). ..... in the said order, the learned judge would hold that the present situation is not one which compels this court to exercise its jurisdiction under section 433(e) of the act for passing an order to windup the affairs of the company, unless the board itself has shown such awareness and was keen that the affairs of the company should have ..... pursuant to the idbi repeal act, idbi ltd is permitted to carry on the banking business in accordance with the banking regulation act, 1949 in addition to the business, which was already transacted ..... of the appellant, the venture capital fund (vcf) formed under the research & development cess act, 1986 (r & d act) was part of the fund established by industrial development bank of india (idbi), than a statutory corporation established under the industrial developments bank of india act, 1964 (18 of 1964) (idbi act)(since repealed) with the central government holding majority shares. ..... by a subsequent order dtd 3-3-2005, another learned judge has chosen to reject the petition for the reason set out in the order ..... however, we noticed on 9-8-2005 that the company has no funds ..... hence on 3-3-2005, petition stood ..... said affidavit was withdrawn in terms of an order dtd 3-3-2005. .....

Mohd. Rizwan Mohd. Isaq @ Laddowala Vs. the State of Maharashtra (at t ...

Court : Mumbai

Reported in : (2005)107BOMLR1056

..... of 2005 is dated 13/4/2005 and is undoubtedly delivered after the repeal act came into force but the gujarat high court has not considered the scheme of sub-sections 3(a) and (b) of section 2 of the repeal act and has read section 321 of the code in such a manner as to defeat the aims and objectives of the repeal act. ..... madras judgment and the supreme court's judgment arising therefrom and observed that when the parliament enacted the repeal act, it was aware of the fact that the division bench of the madras high court had made sub-section 7 of section 60 of the pota 2002 subject to section 321 of the code and the view of the ..... is stated in this order that after examining the available material on record and after hearing the counsel for the parties, the said committee had passed order dated 10/5/2005 wherein it has directed the state of maharashtra to proceed in accordance with clause (a) of sub-section 3 of section 2 of the prevention of terrorism (repeal) act, 2004 (for short, 'the repeal act') in respect of accused 4 and 5. ..... we are of the opinion that there is no material difference between sub-section 7 of section 60 of the pota 2002 and sub-section 3 of section 2 of the repeal act, the present case would be covered by the judgment of the supreme court arising out of the madras judgment. ..... contended that the gujarat high court has, after considering sub-section 3 of section 2 of the repeal act, concurred with the madras high court and hence this court should take the same view. .....

Secretary, O.N.G.C. Ltd. and anr. Vs. V.U. Warrier

Court : Supreme Court of India

Reported in : AIR2005SC3039; 2005(5)BomCR251; [2005(106)FLR63]; JT2005(4)SC489; (2005)IILLJ1040SC; 2005(2)MhLj985; (2005)5SCC245; 2005(2)SLJ486(SC); 2005(2)LC1023(SC)

..... said act was repealed by the oil and natural gas commission (transfer of undertaking and repeal) act, 1993 ..... )illj399sc the constitution bench of this court held that regulations framed by the commission under section 32 of the oil and natural gas commission act ,1959 are statutory in nature and they are enforceable in a court of law. ..... the writs referred to in article 226 of the constitution are obviously intended to enable the high court to issue them 'in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in violation of the principles of natural justice, or refuse to exercise a jurisdiction vested in them, or there is an error apparent on the face of the record, and such act, omission, error, or excess has resulted in manifest injustice. ..... as the payment of gratuity act is concerned, according to the appellant the said act was not applicable to the respondent ..... exercise of statutory powers under section 32(1) of the act, regulations known as the oil and natural gas commission ..... was accordingly placed for hearing on january 31, 2005 and remained part heard. ..... or implied, but does not include any such person who is employed in a managerial or administrative capacity, or who holds a civil post under the central government or a state government, or who is subject to the air force act, 1950, the army act, 1950, or the navy ..... on february 4, 2005, the matter was heard and the learned counsel for the parties completed their .....

Commissioner of Wealth Tax Vs. Srikantadatta Narasimharaja Wadiyar

Court : Karnataka

Reported in : (2005)196CTR(Kar)585; [2005]279ITR226(KAR); [2005]279ITR226(Karn)

..... is made, such land shall be deemed to have vested absolutely in the state government free from all encumbrances with effect from the date specified.sub-section (4) of section 10 of the ceiling act provides for maintenance of status quo in respect of excess vacant land proposed to be acquired during the period commencing on the date of publication under sub-section (1) and ending with the date specified ..... aforesaid decisions, has observed that 'it is no doubt true that the said decision supports the case of the revenue, to this extent, that even if there is a prohibition under the ceiling act against the transfer of lands, still the said lands should be taken to have a hypothetical market and the price they will fetch in the market will have to be taken into account as per ..... provisions of urban land (ceiling and regulation) repeal act, 1999 by a resolution as required by ..... act has since been repealed by the urban land (ceiling and regulation) repeal act, 1999 (act ..... (ceiling and regulation) act, 1976 has been repealed by urban land (ceiling and regulation) repeal act, 1999 (act 15 of 1999). ..... ceiling and regulation) repeal act, 1999 provides ..... taken possession over the surplus land, the present proceedings have to be abated and are hereby abated under section 4 of the urban land (ceiling and regulation) repeal act, 1999.'23. ..... the repealing act has ..... repeal of the urban land ceiling act, as of now, no proceedings are pending against the assessee and other members of the family under the ceiling act .....

Ashok Organic Industries Ltd. a Company Incorporated Under the Compani ...

Court : Mumbai

Reported in : 2008(3)BomCR78; (2008)110BOMLR531; [2008]114CompCas144(Bom); (2008)3CompLJ61(Bom)

..... the supreme court concluded that the latter two provisions were impliedly repealed by virtue of the enactment of the amended section 80 of the railways act, 1890 on the basis that section 80 was a complete self contained special law as regards the subject matter as to the place of the filing of such suits and in this regard held as follows: 'the doctrine of implied repeal is based on the postulate the legislature which is presumed to know the existing ..... during the pendency of these proceedings before bifr, the company resolved on 9th december, 2005 that subject to the sanction of the appropriate court as may be required under law and subject to such permission of such authority as may be necessary, a scheme of arrangement between ashok ..... the meeting held on 12th december, 2005 the chairman of the committee submitted a ..... : (2005)8scc219 , which according to the learned judge has taken a view that the provisions of sica would prevail over the provisions of the companies act and consequently disagreed with the views taken in national organic chemicals limited (supra), sharp industries limited (supra) and pharmaceutical ..... employees union 2005 (126) comp cas 922, sharp industries limited and in pharmaceutical ..... employees union 2005 (126) comp cas 922, sharp industries limited and in pharmaceutical ..... 20th october, 2005 in company ..... 690 of 2005, directions were issued to convene a meeting of the equity shareholders, secured and unsecured creditors of the petitioner company for the purpose .....