Court : Mumbai
Decided on : Mar-20-2014
..... subordinate legislative body to enact a particular rule. in state of tamil nadu vs. k. shyam sunder, the supreme court held that if an amending act of the legislature is struck down for want of legislative competence or on the ground that it is violative of the fundamental rights in part-iii of ..... petitioners referring to the supreme court judgment christian medical college (supra) and even referring to the relevant notifications under the indian medical council act (for short, the imc act?) including the subsequent notifications, (amending the 2000 mci regulations) pointed out that 2009 regulations are superseded and/or cannot be relied upon by the state, ..... -service candidates was on record even on 20 october 2008. 9. the state therefore, knowing fully the effect of mci regulations under the indian medical council act (for short, the imc act) proceeded to continue with 25% seats for diploma and for degree courses for in-service candidates, practically every year. throughout the state, .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Feb-25-2014
..... , matter of "gobindram" could be relied on if the tenancy is in force and suit was filed before recent amendment. the learned counsel pointed out that now there is still further amendment in the waqf act due to the waqf (amendment) act of 2013 and now even suits relating to tenants can be determined by the waqf tribunal under section 83 of the ..... came into force, section 56 has placed restriction on the power to grant lease of waqf property. section 56 of the waqf act (before the recent waqf (amendment) act, 2013) read as under: "56. restriction on power to grant lease of wakf property:- (1) a lease or sub-lease for any period exceeding three years of any ..... waqf act. 8. at the time of arguments, the learned counsel for both sides did not dispute that the earlier suit .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2014
..... some time to consider their position. the petition was however withdrawn 'with liberty'. 9. in our opinion, since there is no serious denial to the amended pleadings and there is reference to 'liberty' in the order dated 04.01.2010, it may not be appropriate to non suit the petitioners at the ..... petitioners in both the petitions have made the following submissions in support of their petitions:- (a) the dicgc, has incorrectly interpreted the provisions of the said act. the correct interpretation would require the dicgc to treat each of the numerous small investors /depositors who have invested / deposited amounts with the petitioner societies as ..... for appreciating the setting in which the aforesaid challenges arise are that the petitioners are credit societies registered under the provisions of the maharashtra co-operative societies act, 1960; the petitioners have invested / deposited a sum of rs.1805.60 lakhs and rs.332.88 lakhs respectively with vasantdada shetkari sahakari bank limited, .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-20-2014
..... our constituent assembly this twenty-sixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution. by constitution of india forty second amendment act, 1976, effected on 03.01.1977, the words unity and integrity of the nation were inserted. the original word in the preamble fraternity means the the ..... will be relevant to cite the explanation given by dr. ambedkar for the word 'fraternity' explaining that 'fraternity means a sense of common brotherhood of all indians'. in a country like ours with so many disruptive forces of regionalism, communalism and linguism, it is necessary to emphasis and reemphasize that the unity and integrity ..... the constitutional provisions under section 51-a and the explanation given by dr. ambedkar for the word 'fraternity' means a sense of common brotherhood of all indians, we are of the firm opinion that the petitioners in these writ petitions are bound by the aforesaid constitutional obligation and mandate. it is the fundamental .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Oct-10-2014
..... noticed in para 21 of the judgment are as under : (i) whether the provisions of the act and the rules would apply to pharmacy schools and other technical institutions.? (ii) whether the amendment act of 1990 is declaratory and/or clarificatory in nature and has retrospective operation.?; and (iii) whether there ..... is inconsistency between central act and state act and whether the state act is void and inoperative to the extent of so called inconsistency or ..... institution are governed by the maharashtra employees of private schools (conditions of service) regulation act, 1977? (ii) whether the amendment by maharashtra act 32 of 1990 introduced on 6.12.1990 to the provisions of the said act is declaratory in nature so as to have retrospective operation.? 11. the reference was necessitated .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-2014
..... the super-max group while continuing to be directors of the indian rkm companies. 20. exactly five months after the ssd, almost to the day, on 4th march 2011, the parties executed a supplemental deed ( sd ). this amended some of the terms of the original ssd and added new ..... directors. 40. the petitions are broadly similar. they all allege oppression and mismanagement by their respective directors. they all contend that these directors act only on rakeshs instructions and are under his influence. with some variations, all seek substantially these reliefs: (a) for orders convening extraordinary general ..... and judgment..................................................... 143 list of authorities and decisions cited ................................................ 150 continued/- b. summary 3. all eight appeals, under section 10f of the companies act, 1956, are directed against an order dated 31st january 2013 of the company law board ( clb ). one rakesh rajinder malhotra is the appellant in .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Aug-13-2014
..... who had objected, requested for rejection of aforesaid change report and also for cancellation of new membership which was already done. only the dispute with regard to the amendment to the constitution enabling the institution to make new members is under challenge in the present proceeding. 8. the persons who have objections to the change report took ..... the district judge and the report is accepted. the report was given by the president and secretary (shri. mallikarjunappa bidve and shri. karale) in respect of the amendment to the constitution of shri. mahatma basveshwar education society, latur to enable the institution to make more members. the decision of the district judge is challenged by founder ..... case can be used in the present case. it is laid down by the apex court that "such amendment comes into effect on the date of resolution and not on the date of registration." the provisions of the act show that only in few cases like the change report filed under section 50-a (2) (a) .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-12-2014
..... the umpire under the said arbitration agreement. it was provided in the agreement that the arbitration proceedings shall be held in accordance with the provisions of the indian arbitration act, 1940 and the rules made there-under. the agreement provided that the arbitrators/umpire shall give reasoned award. 6. on 29th may, 1999 the learned ..... in my view is a reasonable rate of interest. the learned umpire has referred to order passed by this court on 23rd february, 1998 while allowing the amendment applied by the claimants for claiming the recovery of excess amounts from the performance guarantee with interest at the rate of 10%. in my view there is no ..... based on conjectures and surmises. this court cannot re-write the award and supply the additional reasons in the award in this proceedings under section 30 of the indian arbitration act, 1940. 21. mr. advani, learned counsel for the claimants and mr. kamdar, learned senior counsel for the respondents placed reliance on various judgments of .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-16-2014
..... encroachments. by the amendment, appellate power was conferred on the commissioner in place of standing committee of zilla parishad for obvious reasons. ..... so, in my opinion, sub-section (2) of section 53 of the said act gives a power and duty to the applicant village panchayat to remove the encroachment. in fact, proviso to sub-section 2 of section 53 was added by amending act no.38 of 2006 to provide for compulsion on the village panchayat to remove the ..... osmania university and others 3) 1986 mh.l.j. 618: gram panchayat kuhi vs. vijaykumar bhalotiya 4) 2010 (3) mh.l.j. 196: city of nagpur corporation vs. indian gymkhana 5) 2013 (5) all mr 190 : the commissioner akola vs. bhalchandra mahashabde 6. per contra, mr. avinash gharote, learned counsel for the non-applicants vehemently opposed the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-07-2014
..... the profits of those businesses were not payable by the present plaintiffs. the second question was whether the suit as such was barred by section 67 of the indian income tax act. the learned judge answered both these questions against the appellants. hence this appeal. 4. on the second point, the statute itself is very clear. section 67 ..... that the scope of section 293 of the act has been widened and improved and it is not merely confined to set aside or modify the order. it ..... commissioner of income tax vs. parmeshwari devi (supra) has considered the amendment to section 293 of the income tax act 1961 by which the word 'assessment' was omitted and the words proceeding taken? were inserted in its place. supreme court has held that the said amendment made to the section is more comprehensive in nature. it is held .....
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