Court : Mumbai Goa
..... and had requested the ministry to lift the abeyance on environmental clearance vide letters dated 07/01/2015 and 05/02/2015. mines and minerals (development and regulation) (amendment) ordinance, 2015 came into force on 12/01/2015, extending the mining leases for merchant mines till 31/03/2020. in view of this, the respondent had considered ..... development and regulation act came to be amended by the mines and minerals (development and regulation) (amendment) ordinance, 2015 with effect from 12/01/2015. by virtue of the said amendment, the mining leases stood extended till 31/03/2020. 7. it appears that the respondent ..... of in all 139 mining leases in the state of goa, including that of the petitioner, by virtue of an order under section 5 of the environment protection act, 1986 (act of 1986, for short). 6. the supreme court decided the aforesaid writ petition no.435/2012 on 21/04/2014 and subsequently, the mines and minerals .....
Tag this Judgment!Court : Mumbai Aurangabad
..... rules, 1981 and who continues to be in service in any school on the date of commencement of the maharashtra employees of private schools (conditions of service) (amendment) rules, 1984 shall, be continued in service on the condition that he obtains the prescribed training qualifications at his own cost before 01st june, 1987, unless ..... this court in chandramani devraj tiwari (supra), it has been concluded that the claim for benefits of deemed permanency under section 5(2) of the meps act, 1977 necessarily requires a proper selection and proper appointment which means that the candidate complies with the requisite qualifications and eligibility criteria. 18. in paragraph 3 ..... last 25 years, appears to be impracticable. i, therefore, deem it proper to grant compensation to the petitioner under section 11(2)(e) of the meps act, 1977. 25. this writ petition is, therefore, partly allowed. though the impugned judgment of the school tribunal is sustained considering the fact situation as above, .....
Tag this Judgment!Court : Mumbai Goa
..... in chief of the witness by filing affidavit was to expedite the trial. the question that arises for consideration of this court is if there was no such amendment permitting the party to file affidavit in lieu of examination in chief of the witnesses and if the oral examination of the party who seeks to lead oral evidence ..... case of ameer trading corporation ltd. vs. shapoorji data processing ltd. (supra)." 17. the words admissibility and relevancy are often used interchangeably. section 5 of the evidence act provides that evidence can be given of facts in issue and relevant facts. the fact which is relevant can be said to be admissible. thus, if the court is ..... court cannot permit production of irrelevant evidence or evidence not relatable to the issue. 8. insofar as the contention based on sections 90, 91 and 92 of the evidence act, is concerned, it is contended that the respondent has not disputed the execution of the account opening form (exhibit-52). it is submitted that by virtue of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... electricity board v. harishankar jain. in that case the respondent was originally employed by partners who were licensees for the distribution of electricity under the indian electricity act, 1910. there were certified standing orders for this industrial establishment which did not prescribe any age of superannuation. the electricity undertaking of the firm was ..... work obviously during the period when the work was available does not constitute a permanent status unless there exists post and regularisation is done." "39. in indian drugs and pharmaceuticals ltd. v. workmen this court stated that courts cannot create a post where none exists. in para 37 of the report, this ..... under s. 28 r/w sch. iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971hereinafter 1971 act, entitlement to benefit of clause 4c of mso was specifically added by amendment and the respondent municipal councils have also replied to it. their only defence as mcsr applies, cl. 4c .....
Tag this Judgment!Court : Mumbai
..... in the court including by way of action of passing off. the statement of objects and reasons of the trade mark act, 1999 does not reveal any intention to widen the scope of amended act so as to specifically cover the protection of trade-marks in domain names. the aforesaid mentioned standards of the udrp will ..... to prevent defendants from using the name 'raymond' as a part of their corporate name. the plaintiffs also filed a complaint under section 20/22 of the indian companies act, 1956. the registrar of the companies by order dated 17.7.2012 directed the defendants to change their name and exclude the name 'raymond'. the defendants challenged ..... similarly marks that are capable and distinguishable as to source of the goods or services but which have not yet attain distinctiveness may not be registered. the indian system does not provide for such registration. the reason for not allowing registration of generic marks is keeping in line with public policy of prohibiting registration of .....
Tag this Judgment!Court : Mumbai
..... by the arbitral tribunal. 40. reliance is also placed on section 4 of english arbitration and conciliation act and it is submitted that the said provision is in pari-materia with the amended section 8 of the indian arbitration act. he submits that the judgment of the court of appeal in case of baytur s.a. vs. ..... by the said arbitrators, prior to entering upon the reference and any such reference shall be subject to and be governed by the provisions of the indian arbitration act, 1940 (act no.x of 1940) and the rules made thereunder or any statutory re-enactment, modification or extension thereof for the time being in force. 21. ..... delaying the performance guarantee tests. 11. on 2nd december, 2003, 29th november, 2004 and 25th november, 2005, the petitioner informed the respondent that its bankers had issued amendment extending the validity and claim period of the bank guarantee. 12. on 28th december, 2002, 17th november, 2003, 25th november, 2004, 29th september, 2005, 24th july .....
Tag this Judgment!Court : Mumbai Nagpur
..... on 12th january, 2015, the learned 5th judicial magistrate, first class, akola has not followed the mandate of section 202 of the criminal procedure code, which has been newly amended by the amendment act, 2005 and, therefore, the order is vitiated. he also submits that when it is an admitted fact that all the applicants, who are the proposed accused ..... residing beyond the territorial jurisdiction of the court of judicial magistrate has been made mandatory under the newly amended section 202 of the code of criminal procedure, which has been inserted in the code of criminal procedure by act 25 of 2005 with effect from 23.6.2006. it is seen from the impugned order that this ..... the point of view of the complainant without at all adverting to any defence that the accused may have. 8. so, it is clear that the newly amended section 202 of criminal procedure code makes it obligatory for the criminal court empowered to take cognizance of the complaint to postpone the issue of process in a case where .....
Tag this Judgment!Court : Mumbai
..... common entrance test conducted by respondent no.1 for academic year 2016-17. this would essentially depend upon the interpretation of the proviso to newly amended section 10d of the indian medical council act. it is submitted that the state government has never changed its stand, but pursuant to the option granted by the proviso to section 10d, ..... obliged to exclude these colleges from the purview of the said test. there is no such mandate flowing from the ordinance and far from the amendments that the ordinance makes to the indian medical council act, 1956. 8. secondly, it is urged that by the impugned communication, the state is now seeking to award marks and for the ..... , 2016 no.4 of 2016 promulgated by the president in the sixty-seventh year of the republic of india. an ordinance further to amend the indian medical council act, 1956. whereas parliament is not in session and the president is satisfied that circumstances exist which render it necessary for him to take immediate action; now .....
Tag this Judgment!Court : Mumbai
..... or completed five years of law curriculum from a recognized university after higher secondary certificate examination. 5. the petitioner has contended that the action of amending the rule to change the eligibility criteria was illegal and/or an arbitrary exercise as the same had prejudicially affected the petitioner. the petitioner therefore submitted ..... a representation/appeal to respondent no.1 as the amendment of the said rule according to him adversely affected him and caused injustice as it had completely taken away the petitioner's legitimate entitlement for promotion ..... and representatives must like any other power be exercised in a fair, reasonable, non-discriminatory and objective manner. it is held that the duty to act in a fair, reasonable, non-discriminatory and objective manner is a facet of the rule of law in a constitutional democracy like ours. the action that .....
Tag this Judgment!Court : Mumbai
..... petition is directed against the order-in-original dated 28th november, 2014 passed by respondent no. 2. 4. the petitioner is a company incorporated under the indian companies act, 1956, having registered office at the address mentioned in the cause title. the first respondent is union of india and the second respondent is the commissioner of ..... and maintenance of the road/airport was taxable earlier under the category of repair and maintenance service and in order to grant exemption to such activity, retrospective amendment has been made. this is an erroneous assumption on which the tribunal proceeds. mr. sridharan submits that this assumption runs counter the intent of the legislature. ..... act held that the object of the legislature throughout has been to include the statement of the witnesses made before police during the investigation for being used at the trial for any purpose and the amendments from time to time were only intended to make clear the object and to dispel cloud cast on .....
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