Court : Mumbai
Reported in : 1996(5)BomCR614
..... quota for the year 1995-96 on pro rata basis in accordance with the directions of supreme court in i.a. no. 18 writ petition no. 317/1993 dr. t.m.a. pai foundation and others versus state of karnataka and others. excepting these seats as well as the seats for nominees of government of india, all remaining seats are at ..... of various courts and, therefore, rules will have to be understood in the context of various judgments. he referred to decisions of the apex court in t.m.a. pai foundation and others v. state of karnataka and others3, : air1995sc2431 , dr. pradeep jain etc. etc. v. union of india and others4 , : (1984)iillj481sc , dr. dinesh kumar and others v. ..... i.r. 1986 s.c. 1877, unnikrishnan, j.p. and others etc. etc. v. state of andhra pradesh and others etc. etc.7 : [1993]1scr594 , unnikrishnan p.j. and others v. state of a.p. and others8, : (1993)4scc111 , indra sawhney etc. etc. v. union of india and others, etc. etc. : air1993sc477 , miss mohini jain v. state of karnataka and .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR480; (1996)IILLJ1032Bom
..... by annexing an unwieldy connotation to 'customary concession or privilege'. that would be totally unwarranted and would shatter the very basis of what has been the foundation behind the relevant provisions in the act. it is one thing to say that the workmen should have the recognition of their trade union and another thing to say that the office-bearers of ..... agreement between the petitioner and the 1st respondent entitling shri vasudevan to all the wages permissible to the other regular employees. 7. item 4(a) of schedule ii of the act, which is allegedly violated, reads thus :- '4. to encourage or discourage membership in any union by discriminating against any employee, that is to say - (a) discharging or punishing an ..... g.r. majithia, j.1. the petitioner, blue star ltd., has challenged order dated june 14, 1993 passed in complaint (ulp) no. 1419 of 1989 by the industrial court, maharashtra, bombay, in this writ petition under article 226 of the constitution of india. 2. respondent no. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1996)59ITD156(Mum.)
..... condition regarding the payment of any premium as govt. may in its absolute discretion think fit. 9. a standing deposit of rs. 20,000 will be paid by the foundation and the same will be retained by government throughout the term of the lease. this deposit or such portion of it as govt. may finally determine will be liable to ..... knowledge in the fields of natural or applied science, including agriculture, animal husbandry or fisheries. if the definition of 'scientific research' in section 43(4)(1) of the income-tax act, 1961, or the corresponding provisions of any new law, is hereafter amended, the amendment shall apply to the connotation of 'scientific research' in this clause." the assessee was recognised ..... auto service ltd. [1985] 156 itr 740 (mad.) in panbari tea co. ltd.'s case (supra); in cit v.anderson wright & co. [1993] 200 itr 596 (cal.) and in cit v. h.m.t.ltd. (no. 3) [1993] 203 itr 820 (kar.) at pages 825 and 826 and the decisions of the tribunal in peter g. goelho dated 26-9-1986 .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(1)BomCR303
..... by shri nirkhee, enquiry officer and additional registrar, high court of judicature at bombay, bench at aurangabad, was conducted with mala fide intention though there was no foundation or basis for the preliminary enquiry. if beginning is bad, everything is bad.2) the charges levelled against the petitioner were vague. the charges, statement of ..... v. gangubai, was not accepted. the enquiry officer held that charge nos. 1 and 2 levelled against the petitioner are proved. the order dated 22nd april, 1993 below the report, is as follows :'the delinquent is held guilty of corrupt practice amounting to gross misconduct. he is also held guilty of preparing false judicial ..... observed thus :---'at a time when fairness and non-arbitrariness are the essential requirements of every administrative state action, it is more so for any administrative act of the judges. it is necessary that members of the subordinate judiciary get no occasion to think otherwise.'43. before we part with this judgment, we .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(1)BomCR234
..... the plaintiff to effect necessary repairs and defendant requested the plaintiff to hand over possession of the suit premises. i am unable to see where there is foundation for the argument that the plaintiff has taken forcible possession or illegal possession or plaintiff has taken law into his own hands and therefore, the plaintiff cannot ..... injunction is maintainable and referred to many decisions, which have taken consistent view, the argument that permanent injunction cannot be granted under section 38 of the specific relief act has to be rejected.16. as far section 41 is concerned, sub-clause (a) is not attracted, since there is no judicial proceedings pending when the present ..... filed a suit for damages against the plaintiffs in suit no. 1883 of 1993 in this court. the defendant was in exclusive possession of the suit premises as a tenant and the defendant is protected by the provisions of the bombay rent act. the defendant is entitled to remain in possession of the suit premises till .....
Tag this Judgment!Court : Mumbai
Reported in : [1997(75)FLR4]; (1997)IIILLJ241Bom
..... that the administrative propriety was never part and parcel of the original charge sheet dated december 12, 1992 and hence it could never have been the foundation for the disciplinary authority to propose the punishment of dismissal. the disciplinary authority in following the said course cannot be permitted to penalise the complainant ..... a charge and the respondent no. 1 had no opportunity of meeting the same. the labour court thereafter has considered the letter date august 16, 1993 where the administrative officer has expressly stated that such certificates can be issued by doctors operating outside and that the hospital was not strictly concerned with the ..... of its revisional jurisdiction that the only material was that the central government was funding the petitioner society which was a society registered under the societies registration act. shri cama also relied on the judgment of the apex court in : (1969)iillj549sc heavy engineering mazdoor union v. state of bihar and ors. and .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR1
..... power or jurisdiction to decide or adjudicate conclusively by themselves the existence or validity of an arbitration agreement since it is the very foundation on which the arbitration agreement since it is the very foundation on which the arbitrators proceed to adjudicate the dispute. hence, the power of the arbitrators to decide in the given case their ..... according to him was not proved, mr. kamdar has put reliance on the judgment of vyas, j., of this court in arbitration petition no. 134 of 1993 (delivered on 4th january, 1994) where in the identical facts it has been held that on breach of the agreement the 1st respondent became entitled to receive the ..... the power to decide about his ownjurisdiction which could be decided by the court alone. it is further submitted that thearbitrator misconducted himself and the proceedings by acting in excess of jurisdiction and that the award made by the arbitrator is without application of mind. it is alsosubmitted that the award is vitiated by reason .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR147
..... arbitrators, therefore, have no power or jurisdiction to decide or adjudicate conclusively by themselves the existence or validity of an arbitration agreement since it is the very foundation on which the arbitrators proceed to adjudicate the dispute. hence, the power of the arbitrators to decide in the given case their own jurisdiction to adjudicate the ..... which according to him was not proved, mr. kamdar has put reliance on the judgment of vyas, j. of this court in arbitration petition no. 134 of 1993 (delivered on 4th january, 1994) wherein the identical facts it has been held that on breach of the agreement the 1st respondent became entitled to receive the entire ..... to decide about his own jurisdiction which could be decided by the court alone. it is further submitted that the arbitrator misconducted himself and the proceedings by acting in excess of jurisdiction and that the award made by the arbitrator is without application of mind. it is also submitted that the award is vitiated by .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR584; 1997CriLJ1953; 1997(1)MhLj37
..... decree passed by such a court is a nullity and is non est. its invalidity can be set up whenever it is sought to be enforced or is acted upon as a foundation for a right, even at the stage of execution or in collateral proceedings. the defect of jurisdiction strikes at the very authority of the court to pass decree ..... ratio decidendi of the case. hence the said observations do not have a binding effect.' 24. the next reliance placed is on the judgment of the supreme court, reported in : 1993(41)ecc326 , state of u.p. v. synthetics and chemicals ltd. the observations relied upon are from para 41 : 'the bench held that, 'precedents sub silentio and without ..... division bench reported in 1984 mh lj 520 : 1985 cri lj 359 (cited supra) dealing with the case of violation of interim injunction or of the judgment reported in : [1993]2scr454 , chiranjilal shrilal goenka v. jasjit singh, should not be made applicable to the present case. if this is not so, then one has to imagine the serious consequences .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom79; (1996)98BOMLR915
..... fate of the litigation before us. we are placed in a very peculiar situation which, in our view, is unprecedented. the statement of the state government is the foundation of the challenge of the petitioners to the ppa and the modified ppa. the state government has now back tracked. though the government cannot deny the statements or ..... charge. in the instant case, the petitioners do not have with them any material as such to justify the charge of corruption, bribery, fraud and misrepresentation. the foundation of their challenge to the ppa and the modified ppa is the charge levelled by the state government itself in the plaint in the suit filed in this court ..... the people of the same. it was stated in the said conference that preliminary work would start by december1993. on 22nd september, 1993, a notification was issued under section 29 of the electricity (supply) act, 1948. it was stated in the said notification that the dabhol power company was proposing to set up a project at dabhol for .....
Tag this Judgment!