Court : Mumbai
Decided on : Sep-25-1992
Reported in : 1993(63)ELT209(Bom)
..... the terms of government's representation. in a case such as the present the legislature could also resolve under the provision of section 159 of the customs act to abrogate government's representation. the legislature's legislative powers are plenary and cannot be cut down. they certainly cannot be cut down because government has ..... two cases, therefore, did not cover the situation where the government was exercising the powers conferred upon it by statute or powers of subordinate legislation in acting contrary to the terms of the representation it had made earlier. reiterating that the doctrine of promissory estoppel was not available against the legislative power which was ..... period. in bharat commerce & industries' case, on 5-1-1979 a notification was issued by the central government under section 25(1) of the customs act exempting certain goods imported into india from certain duties. the notification specified that it shall be in force upto and inclusive of 31st december 1979. by the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-03-1992
Reported in : 1993(2)BomCR329
..... as irrelevant. it presses for a place of primacy to be given to the document of 26-10-1950 as a guide to construction. that document was the foundation on which the conveyance ex. b came into existence. the admissibility and weight to be attached to the 26-10-1950 agreement (hereinafter to be referred to ..... matter of preventive injunctions a covenantor and covenantee may occupy the position contemplated by the presumption. section 11 mandates specific performance subject to the exceptions of the act where the act agreed to be done is in the performance, wholly or partly, of a trust. section 14(1)(a) stipulates a non-performance decree where compensation in ..... the first defendant that of keeping the same unbuilt upon and provide convenient ingress and egress? 15. (a) does defendant no. 1 establish that it entertained and acted upon a bona fide belief about the height restriction covenant being limited to site under the existing garages? (b) if so, whether enforcement of the height restriction .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-03-1992
Reported in : 1993(2)BomCR301
..... hafiz v. mohd. zakaria, 49. ind. appl. 9. the said decision defines the cause of action as that cause which had given the occasion for and formed the foundation of the suit. kewal singh v. lajwanti, : [1980]1scr854 , arises out of an application for eviction of a tenant on three grounds i.e. premises being then ..... this court for the initial institution of the suit. the initial lodgment passed the test of a provisional judicial scrutiny. the statutory change in the bombay court fees act, 1959 may have been overlooked-- a common enough lapse in these times of legislative plentifulness. it is not possible to see any duplicity, gross negligence or ..... 770). a laymen trampling into the quagmire of jurisdiction- pecuniary, territorial or subject wise is playing with fire and certainly cannot seek the aid of section 14 limitation act in the second round. the facts here are very different. plaintiff for all his meticulousness and determination to get even with defendant 1 and 2, did not arrogate .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-1992
Reported in : 1993(2)BomCR266
..... from prescriptions of hindu and muhammadan law. that custom played a vital role in matters like succession, alienation and incidental matters led to the enactment of punjab laws act, 1872. section 5 of that enactment declared the primacy of custom, making it the primary rule of decision, save where it was contrary to practice and good ..... sikhs adoption is secular in character, the object being to appoint an heir. this, says learned counsel, is in contradistinction to other groups where adoption is primarily a religious act intended to confer spiritual benefit on the adopter. hem singh v. harnam singh, : [1955]1scr44 , is relied upon in support of this proposition. the authority deals ..... her second husband as sole heir. a son to her from a previous marriage was held to succeed to her property under section 15 of the hindu succession act, 1956 in preference to relations of her second husband. and after premsingh's death even if she was prehladsingh's mistress, she was the only person competent .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-1992
Reported in : 1993(2)BomCR486
..... of the posts contemplated under the act but one created later. annexure-ii to the goa, daman and diu housing board cadre, recruitment of staff, functions, powers and sphere of duties of officers and other employees (fourth amendment) regulations, 1983 (hereinafter, for the sake of brevity called 'the regulations of 1993), provides for the hierarchy of ..... on to the fancies of individuals in authority. the employment is not a bounty from them nor can its survival be at their mercy. income is the foundation of many fundamental rights and when work is the sole source of income, the right to work becomes as much fundamental. fundamental rights can ill-afford to ..... the officers and other employees of the board. the regulations can provide for imposing punishments for misconduct. suspension is one of the punishments contemplated under the act. the act empowers the board to lay down the authority who is to be empowered with the power to impose punishments. the board is authorised by laying down .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-27-1992
Reported in : 1993(1)BomCR7
..... of the constitution of india, the petitioners are challenging constitutional validity of the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) (amendment) act, 1991. the petitioners nos. 2 to 4 are adivasis and are holders of lands situated at village khand, khoste and vikramgadh of jawhar taluka in thane ..... an ordinance on march 3, 1969 and which was subsequently repealed and replaced by the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) act, 1969. the legislation was enacted to regulated the disposal of trees standing in the holdings of persons belonging to the scheduled tribes in the state of ..... and granted approval while kept the prior applications pending without any reason. the counsel urged that sub-section (2) of section 3 of the amending act is arbitrary and leads to hostile discrimination. it is impossible to accede to the submission. as mentioned hereinabove the legislative intervention was called for on realisation .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-20-1992
Reported in : 1992(2)BomCR201; (1992)94BOMLR740
..... the only ground taken in the writ petition to question the constitutionality of the amendment is that it deprives the petitioner of a 'meaningful life'. no foundation on facts or established legal principle is made out to support that plea. the history or parliamentary democracy has witnessed deprivations of franchise for many. such was ..... to be promulgated by a high constitutional functionary with considerable administrative acumen.50. the introduction of the term 'temporarily' in relation to the amendment of the act attempted under the ordinance is not of any material consequence. even if the word is missing it is open to the executive to allow the ordinance to ..... and amplitude of the term 'the latest census figures'.15. in order to understand and appreciate that term, an examination of the provisions of the census act and the rules framed thereunder would be highly helpful.16. census operations had been conducted in india from very early times. there was superintendence of census .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-1992
Reported in : AIR1993Bom217; 1993(2)BomCR618; (1993)95BOMLR396; 1993(1)MhLj243
..... several authorities and passages from leading text books on professional ethics and particularly a passage from page 187 of sanjiva row's commentaries on advocate's act and legal practitioners act, 5th edition summarising with two english cases referred to therein. the relevant portions from the said book are extracted hereinafter : --'in new burnswich ..... civil procedure and implicit in the provisions contained in order iii rule 4 of the code of civil procedure and other connected provisions that advocate who acts or appears or pleads before the court in a professional capacity must have a client with separate and distinct identity. the answer to these questions is ..... to framerules laying down standard of professionalconducts and etiquette, the said rules are notexhaustive. rule 9 of the said rules providethat 'an advocate should not act or plead inany matter in which he is himself pecuniarilyinterested'. rule 13 of the said rules providesthat:'an advocate should not accept a brief or appear .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-23-1992
Reported in : AIR1993Bom279; 1993(1)BomCR331; 1993(1)MhLj544
..... plaintiff was not required to supply energy to defendant no. 1 after nov. 1976. but the expenditure already incurred was there and section 24 of the indian electricity act seems to stipulate that the consumer could havedemanded a reconnection at any time. in fact the appellants had sought a reconnection by their letter dated 5-1-1977. ..... what the court was considering in that case was the validity or otherwise of the minimum charges payable to the board vis-a-vis section 74 of the contract act. the concept of minimum charges was explained thus:-- 'with respect, we agree with these four decisions which we have referred to above because they set out the ..... supply of electrical energy. to enable the supply being made, the plaintiff maharashtra state electricity board (mseb), which is a licensee within the meaning of the indian electricity act, 1910, also described as a supplier, agreed to provide the energy required subject to the terms and conditions set out in exh. 96. the agreement at exh. .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-09-1992
Reported in : 1992(2)BomCR624; (1993)IIILLJ299Bom
..... whether the retrenchment compensation is payable on the basis of the monthly wages for 30 days or for 26 working days. section 25f of the industrial disputes act insofar as the same is relevant for the present controversy provide that no workman employed in any industry who has been in continuous service for not less than ..... department, the same would not comply with the mandatory requirement of rule 81 of the industrial disputes (bombay) rules, 1957 and section 25g of the industrial disputes act. rule 81 of the industrial disputes (bombay) rules enjoins upon the employer before effecting retrenchment to prepare a list of workmen in the particular category from which retrenchment ..... trial court held that the petitioners have engaged in unfair labour practice as contemplated in item 1 (b), (d) and (f) of schedule-iv of the act. the petitioners were directed to cease and desist from continuing the unfair labour practice complained of they were directed to allow the respondents no. 1 to 9 to .....
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