Court : Karnataka
Decided on : Aug-02-2014
..... are also different and the scope of their respective jurisdictions are distinct and separate. from the date of insertion of section 27a till the amendment act, both the revisional authority as well as the appellate authority functioned simultaneously within their respective jurisdictions. any order passed by the deputy commissioner under ..... section 10 was appealable and not revisable. merely because the appellate remedy has been omitted by the amendment act would not confer any jurisdiction on the regional commissioner to revise an order passed by the deputy commissioner, (now the land tribunal). in that ..... v. rangaswamy chettiar [(1980) 4 scc 259], it has been observed as under:- "2. "appeal" and "revision" are expressions of common usage in indian statute and the distinction between "appellate jurisdiction" and "revisional jurisdiction" is well known though not well defined. ordinarily, appellate jurisdiction involves a rehearing, as it .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-24-2014
..... required to file the suit within the period of limitation specified there-for. furthermore, the learned counsel would urge that in terms of section 46a of the indian railways act, the judgment of the tribunal being final, the starting period of limitation for filing the suit would be three years from the said date. strong reliance ..... thereof, the same be quashed and set aside. 3. it is the case of the petitioner that it is a private limited company registered and incorporated under indian companies act, 1956. it is engaged inter alia in the business of operation of duty free shops at airports and seaports in india. the petitioner is running duty ..... aforesaid three judgments do support the argument of shri. ranjit kumar that even though section 5 of the limitation act cannot be invoked for condonation of delay in filing an appeal under the act because that would tantamount to amendment of the legislative mandate by which the special period of limitation has been prescribed, section 14 can be .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... question was involved regarding protection in the employment, which was secured as a result of confusion, which was prevailing till the constitution (scheduled castes) order, 1950 was amended in the year 2007, which did not include ezhuvas and thiyyas known as thandan. in para 29, the apex court has held that the question of ouster of ..... peculiar facts or in view of the uncertainty of law till then, to do complete justice, as has been held by the apex court in the case of indian bank v. abs marine products pvt. ltd., reported in 2006(5) all mr (sc) 162. the relief granted is restricted only to the persons in whose ..... castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001) in a seat reserved for scheduled castes candidate by producing a caste certificate, which was invalidated by an order of the scrutiny committee. .....
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 Aurangabad
Decided on : Nov-11-2014
..... when words are very clear and there is no obscurity and ambiguity, there is scope for the court to innovate or take upon itself the task of amending or alerting the statutory provision. the hon'ble apex court has pointed out that there is a very thin line which separate the adjudication from legislation ..... validation of certificates are found to be unsubstantiated and the certificates obtained by them have been declared as invalid, false or fake. the petitioner by way of amendment to the petition, is also challenging the government resolution dated 30.6.2014 extending the benefits in employment to such categories of employees. 3. petitioner is ..... service under zilla parishd is concerned, a provision is made in the rules framed under the zilla parishad act and therefore, reservation of seats in zilla parishad is occupied field, unless and until those rules are amended, no government resolution for reservation for special backward class in zilla parishad services can be issued and therefore, .....
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 : Sep-19-2014
..... the statute and approve and / or carry out constructions maintaining the ratio of residential housing and commercial construction as provided by the amended act being 3 per cent of the total built-up area or 5,000 sq.feet, whichever is higher (now in the post-2010 period) or 5 per cent of the ..... user does not exceed five per cent of the aggregate built-up area of the housing project or two thousand square feet whichever is lower. by the finance act, 2010, clause (d) is amended to the effect that the commercial user should not exceed three per cent of the aggregate built up area of the housing project or five thousand square feet ..... by his order dated 15th april, 2010 upheld the findings of the assessing officer. the cit (appeals) observed that the provisions of section 80-ib(10) were substantially amended by finance (no.2) act, 2004 with effect from 1st april, 2005 wherein it was provided that the built up area of the shops and other commercial establishments included in the housing project .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-27-2014
..... 20. there is one other peculiarity in this case. after the plaintiffs cross-examination was complete and the plaintiff had closed her case, the defendant was allowed to amend his written statement by an order dated 13th february 2013. conceivably, this put the plaintiff to disadvantage. rather than start the trial de novo, or permit the ..... was the case the plaintiff had brought to court? were her allegations sufficiently established? did her cross-examination of the defendant prove her allegations in relations to these acts? if, as ms. contractor said, the foundation of the case was this trifecta of (a) maintaining illicit relations with his ex-wife even after his marriage to ..... contractor to the delegates. these were almost entirely in relation to issues nos. 2 and 3, whether the plaintiff proved that the defendant was guilty of the acts complained of in the plaint and whether these amounted to cruelty. i have then set out my summing up to the delegates, their responses and dealt with the .....
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 .....
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