Court : Mumbai
Reported in : 2002(3)MhLj762
..... garden in the development plan of 1978 for nanded town. it is, therefore, evident that the decision of the state government dated 4-4-2000 is itself based on illegal foundation and therefore, it cannot be sustained. 21. allotment of shops to respondents 4, 5 and 13.it is admitted that the respondent no. 18 was the president of ..... from all circumstances on which no direct evidence could be adduced. the court further noted that it was somewhat unfortunate that allegations of mala fide which could have no foundation in fact were made and several cases which had come up before this court and other courts and it had been found that these were made merely with a ..... but it changed the purpose in favour of the particular trust i.e. the respondent no. 4. we are dismayed by this act of the state government, to say the least. by government notification dated 20-12-1993, the government almost allotted the land to the respondent no. 4 unwittingly and by committing a patent illegality. the issue did not .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)MhLj79
..... sanction.reinstatement on setting aside of a termination which was void ab initiowas no compassionate gesture; it was a legitimate right- the claim forbackwages had a legal foundation; denial thereof must be based onrational and realistic ground formulated on a consideration for the entireset of circumstances. the denial thereof on the facts and in ..... and from 18th january, 1982.2. the first respondent in its written statement contended that the approach letter which was addressed by the petitioner on 7th january 1993 was not tenable having regard to the fact that he must be regarded as having ceased to be in service of the first respondent on 31st may ..... by the first respondent in october 1983 under the textile undertakings taking over of management act, 1983. the petitioner submitted an approach letter under section 42(4) of the bombay industrial relations act, 1946 to the first respondent on 7th january 1993 and this not having resulted in a resolution of his claim, filed an application .....
Tag this Judgment!Court : Mumbai
Reported in : [2001(91)FLR650]; 2002(2)MhLj264
..... as was submitted before the tribunal on behalf of the respondent. the order was merely an order waiving the requirement of pre-deposit. therefore, the entire foundation of the impugned order of the tribunal to the effect that the passing of the order of dismissal showed mala fides or victimisation is entirely without any basis ..... with effect from 15th may 1991 and the respondent was granted liberty to withdraw the amount on furnishing security. this order was subsequently modified on 10th february 1993 so as to allow the respondent to withdraw the amount deposited by air india against the security of his flat. the aforesaid order was continued by the ..... may 2001, by the central government industrial tribunal by which the tribunal declined to grant its approval under section 33(2)(b) of the industrial disputes act, 1947 ('the act'), to the dismissal of the respondent from its service. the respondent joined the services of the employer in august 1963 as a teleprinter operator. between the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom22; 2002(1)ALLMR105; 2002(2)BomCR734; (2002)1BOMLR9; 2001(4)MhLj553
..... to function by inviting applications under dubious advertisements; purporting to grant affiliation to other colleges; to train certificate/diploma/degrees in electropathy without basis and foundation of the system being made known and recognised by the universities, government and educational institutions as also public would be extremely injurious to public health. ..... holding the course in electropathy or electro-homoeopathy and to take action against the electropathy practitioners in accordance with the provisions of the maharashtra medical practitioners act, 1961. v) writ petition is dismissed with costs quantified at rs. 25,000/-. the amount of costs shall be paid to the students who ..... community is at stake.11. in unni krishnan j. p. v. state of andhra pradesh, : [1993]1scr594 , the supreme court had occasion to consider the scope of section 22 of the university grants commission act, 1956. it was held that no educational institution in this country except an university as defined in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)MhLj701
..... to be contended that the job of the air hostesses in air india is more arduous than the air hostesses in indian airlines. we find absolutely no foundation for this contention. it has been rightly pointed out by the petitioners that indian airlines also operates on international routes. the air hostesses in indian airlines ..... , 1989, the circular dated 23rd march, 1990 and further circulars dated 2nd november, 1990 and 5th may, 1991 and the office order dated 12th january, 1993 are challenged by the air hostesses on the ground that the same are ex-fade, mala fide, arbitrary, unreasonable and violative of their fundamental rights guaranteed under ..... can enable an employer to discriminate against women in matters like promotions, training, transfers, etc. it is, therefore, proposed to modify section 5 of the act to prohibit discrimination against women not only in recruitment but also in relation to conditions of service subsequent to employment such as promotions, training, transfers, etc.'21 .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... permission for certain existing medical colleges, etc.-(1) if, after the 1st day of june, 1992 and on and before the commencement of the indian medical council (amendment) act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increase the admission capacity, such person or ..... this serious mistake resulting into denial of as many as 13 marks to a large number of students who were rightfully entitled to receive better marks, the basis and foundation of the earlier merit list and the admissions granted on that basis itself gets vitiated. it is a mistake going to the root of the matter. it cannot ..... section of the c.e.t. they also prayed for a stay on the selection of the candidates pending the hearing and final disposal of this petition.8. foundation for these prayers is laid by submitting as follows in para 11 of the petition.'the petitioners submit that the entire examination results would be vitiated if it is .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... of rectification. however, if the claim is based on some seriously disputed civil right or title, denial of any transaction or any other basic facts which may be the foundation to claim a right to be a member, and if the court feels such claim does not constitute to be a rectification but instead seeking adjudication of basic pillar, ..... rest here. in case any claim is based on some seriously dispute civil rights or title, denial of any transaction or any other basic facts which may be the foundation to claim a right to be a member and if the court fees such claim does not constitute to be a rectification but instead seeking adjudication of basic pillar ..... no. 11 is mr. madan d. chhabria, an uncle of defendant no. 1, though not a 'relative' within the meaning of section 6 of the companies act, 1956 ('the act'). sometime in december 1993, the aforesaid defendant no. 1 through defendant nos. 2 and 6 to 10 acquired 22,15,800 equity shares in defendant no. 12company aggregating 26 per cent of .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... that government was examining the scheme with a vide spectrum and government's written consent would be delayed. monsoon was round the corner and therefore prior to that foundation work should be executed provided the work is started within 10-15 days. thereafter it is stated as follows :'considering above and in case government's written ..... to acquire be initiated. addition of chapter viii-a providing acquisition in a third situation87. it is thereafter that chapter viii-a was added in the mhad act by maharashtra act no. 21 of 1986 to provide for acquisition of cessed property for co-operative societies of occupiers. it is in this chapter that a third mode of ..... of respondent no. 2 mhada was shown as the owners.39. in the fourth affidavit of mr. trivedi affirmed on 10th september, 2001, the steps taken from 1993 onwards for re-development of this property have been placed on record. it points out that quotations were invited in august 1994 for soil investigation work. initially by july .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)BomCR537
..... mandatory and should be considered as a 'necessary' for a vessel. he referred to the inland vessels act, 1917 (amendment in 1977), the merchant shipping act, 1956 (amendment in 1983) and the multimodal transportation of goods act, 1993 (amendment in 2000) to show the trend of domestic legislation in india towards making insurance compulsory and ..... submitted that consideration for payment of the call is the undertaking to contribute towards losses of other members, management expenses, reinsurance losses etc. and the foundation of the contract is not the payment of a premium, but an agreement that each member should bear his aliquot share of the losses of the ..... on revising arrest convention 1952 be postponed pending the adoption of new maritime lien and mortgages convention. following the adoption of maritime mortgages and liens 1993, work resumed within jige on revising the brussels arrest convention 1952. the jige concluded its consideration of revision to the arrest convention at its 9th .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)BomCR156; [2002(94)FLR236]; 2002(2)MhLj247
..... reinstatement on setting aside a termination which was void ab initio was not compassionate gesture; it was a legitimate right. the claim for backwage had a legal foundation; denial thereof must be based on rational and realistic grounds formulated on a consideration for the entire set of circumstances. the denial thereof on the facts and ..... terminated. no chargesheets were issued to the appellants nor any enquiry was held against them. finally, the appellants sent the approach letters dated 6-1-1993 and 16-1-1993 thereby calling upon the respondent to allow the appellants to resume the work with continuity of service and full back wages since 18-1-1982. the ..... labour court, mumbai under section 79 read with section 42(4) of the act seeking reinstatement with full backwages.3. the respondent opposed the applications made by the appellants mainly on the ground that the approach letters dated 6-1-1993 and 16-1-1993 were barred by limitation. on the basis of the pleadings, documents and .....
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