Court : Central Administrative Tribunal CAT Mumbai
Decided on : Jan-01-2014
..... the circular issued by the government of india, ministry of railways/ rail mantralaya/ railway board on 05.08.1997 on the caption amendment to indian railway establishment code volume ii. in view of the amendment made in rule 2433, similar amendment was proposed in para 4 to 6(1) of the manual of railway pension rules, 1950. under the said ..... 18.06.2012. 2. the facts of the case in brief may be stated as under: that in pursuance of railway sports promotion board's (rspb) of the indian railways talent scouting quota, the applicant was offered the post of junior clerk group 'c' in higher pay scale as outstanding sportsman. after undergoing the necessary tests, ..... same was rejected. the applicant bonafide desires to prosecute the higher studies and paid rs.1,25,000/-towards fees for the said course. thus, the respondents acted unreasonably by refusing to grant the study leave for 18 months especially when no prejudice should have been caused to the railway administration by grant of such leave. .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-2014
..... on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition ..... the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer-in-charge of such office or ..... to the allottees of the requisitioned by providing for the state government of the government allottees becoming deemed tenants of the requisitioned premises. by the amendment act, clause 1a defining "government allottee" was inserted. another new provision inserted was section 15b providing for the state government or government allottees to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-2014
..... on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition ..... the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction)(amendment) act, 1996, are allowed by the state government to remain in their occupation and possession, means the principal officer-in-charge of such office or ..... to the allottees of the requisitioned by providing for the state government of the government allottees becoming deemed tenants of the requisitioned premises. by the amendment act, clause 1a defining "government allottee" was inserted. another new provision inserted was section 15b providing for the state government or government allottees to .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-10-2014
..... state government was already granted to the petitioners in the year 2007 under the provisions of maharashtra university of health science (for short, muhs act?). the issuance of amendment notification and exemption granted to the existing institution by the imc, from obtaining permission of the state government was within the knowledge of muhs and ..... ms, mds etc. respondent no.4 is a medical council of india (for short, "imc") exercising its statutory functions and powers under the indian medical council act, 1956 (for short, imc act). 4. the petitioners have challenged the inaction on the part of muhs not approving the admissions of the students and not granting final affiliation ..... thavathiru sundara swamigal medical educational and charitable trust, v/s. state of tamil nadu and others (supra) the provisions of section 10a of the indian medical council act override the provisions of section 64 and 65 to the extent they are contrary. as has been held in sant dnyaneshwar v/s. state of .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-10-2014
..... the plaintiff and obtained a judgment which the plaintiff was compelled to satisfy, the plaintiff was not entitled to sue the defendant. justice chagla held that the indian contract act is an amending and consolidating legislation and is not exhaustive of the law of contract to be applied by courts in india. the learned judge held that if the indemnified ..... the appellant. the liability to pay the service tax arises out of the service provided by the respondent. there is no dispute that in view of the above referred amendment of 2000, the appellant as the recipient of the service is the assessee under the service tax law. however, there is no prohibition in the law against shifting ..... rs.50 crores. once the court comes to the conclusion that there was a failure on the part of sahara to fulfill its indemnity obligations in the spa, as amended by the consent terms, the liability of jet to pay the additional sum of rs.550/- crores did not arise.? 6. dr. sathe learned senior counsel then submits .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-17-2014
..... for assessment only because the final order of assessment under section 143 (3) was not passed, would run counter to the statutory amendments made in section 245a(b) of the act.? thus on the above ground also there is no reason to interfere with the order of the settlement commission dated 15 march 2013. ..... for settlement was made to the settlement commission. the newly added proviso and explanation thereto (2007 amendment) excluded proceedings for assessment/reassessment under section 147/148 of the act from the purview of pending proceedings before the assessing officer. thus, post 2007, it is only proceedings for those assessment ..... be proceedings pending before the income tax authorities, permitting an application to be made under chapter xixa of the act for settlement of cases. however, post 1 june 2007, definition of case was amended and it was restricted to only mean proceedings pending before an assessing officer on the date on which the application .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-2014
..... of claim, shares were not sold by nse. in the alternative, learned counsel placed reliance on section 23(3) of the arbitration and conciliation act which permits a party to make amendment to his claim or defence during the course of arbitration proceedings. it is submitted that cause of action commences from the date of knowledge. though ..... have been rendered which cannot be interfered with and/or reappreciated by this court under section 34 of the arbitration and conciliation act 1996. 12. in so far issue of maintainability of application for amendment on the ground that on the date of making such application or on the date of sale of shares by the nse, ..... december 2002 and opposed the said submission. petitioner also contended that respondent no.1 could not amend the statement of claim without filing formal and appropriate application as set out in section 23(3) of the arbitration and conciliation act 1996. it was contended that there was change of cause of action and the application was .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-2014
..... of claim, shares were not sold by nse. in the alternative, learned counsel placed reliance on section 23(3) of the arbitration and conciliation act which permits a party to make amendment to his claim or defence during the course of arbitration proceedings. it is submitted that cause of action commences from the date of knowledge. though ..... have been rendered which cannot be interfered with and/or reappreciated by this court under section 34 of the arbitration and conciliation act 1996. 12. in so far issue of maintainability of application for amendment on the ground that on the date of making such application or on the date of sale of shares by the nse, ..... december 2002 and opposed the said submission. petitioner also contended that respondent no.1 could not amend the statement of claim without filing formal and appropriate application as set out in section 23(3) of the arbitration and conciliation act 1996. it was contended that there was change of cause of action and the application was .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-20-2014
..... /0 and survey no.65? (ii) whether the defendants prove that the suit properties belong to them? (iii) whether the defendants prove that suit is barred under the indian forest act in view of publication to notification under section 4? (iv) what relief? what order? 17. issues no. 1 to 3 are answered in negative by the trial court ..... the pendency of the suit, according to the plaintiff, the defendants allowed one agency to do mining activities in the suit property. to that effect the plaint was amended. 8. it is the case of the plaintiffs that remaining portion of survey no.62/0 belongs to the communidad of rivona but since they abandoned the claim over ..... trial court has not framed issue of limitation. it appears that with regard to provisions of section 20 of the indian forest act and on the basis of the contentions of the defendants that notification was issued under the forest act, to declare the suit property as forest, some issue of jurisdiction was framed. the issue could have been there .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2014
..... share subscription agreement and submits that part i is thus explicitly excluded except section 9 and thus the law governing the arbitration in no case would be indian arbitration act except section 9. it is submitted that judgment of supreme court in case of national thermal power corporation (supra) would squarely apply to the facts ..... international arbitration centre in accordance with the singapore international arbitration rules which rules are deemed to be incorporated by reference into this clause and as may be amended by the rest of this clause. clause 16.1.2 provides that the seat of arbitration shall be singapore. clause 16.4 provided that except section ..... and/or modify the interim award. the emergency arbitrator gave direction that the hearing would proceed as scheduled. on 27th july, 2012, the emergency arbitrator passed amendment to the interim award sha and ssa award based on subsequent events and granted further reliefs to the petitioner. (w) on 30th july, 2012, the petitioner .....
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