Judgment Search Results Home > Cases Phrase: karnataka irrigation act 1965 section 19 x x x Court: mumbai Page 1 of about 31 results (0.068 seconds)

Rattan India Power Limited Vs. The State of Maharashtra through the Ch ...

Court : Mumbai Nagpur

..... nature of contract and need of filing a civil suit, he invites attention to the provisions of section 58(6) of the maharashtra irrigation act, 1976, (xxxviii of 1976) and submits that water is made available to the petitioner under that ..... states that vide its page 6, the agreement specifically refers to maharashtra irrigation act, 1976. 42. ..... work of under construction of distribution network should be curtailed keeping in view the loss of area under irrigation on account of reservation for non-irrigation in the command area of the project and further work of redundant distribution system should be immediately stopped ..... only if any expenditure is incurred for actually distributing (appropriating) the allocated quantity of water or any part of it for irrigational purpose, then only that much expenditure which otherwise represents the part of project costs, is to be recovered from the body for whom that ..... being issued in this regard 1) if the construction of canal network for distribution for the area under irrigation of the project is complete then the cost of irrigation restoration for the loss in irrigation area should be recovered from the body for whom the water is reserved. ..... hectare was rejected, but, then state government was required to consider in the light of its subsequent report, as to whether loss of irrigation facility would be only to the extent of 4600 hectares, as against 23219 hectares, as originally estimated. ..... state of karnataka v. ..... in the case of state of karnataka vs. .....

R. Piyarelall Import and Export Ltd., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2006(4)BomCR637; [2006(3)JCR181]; 2006(6)MhLj123

..... binding judicial pronouncement between the parties cannot be made ineffective with the aid of any legislative power by enacting a provision which in substance overrules such judgment, particularly in a case like this where the validation act, 1992 has been enacted with the sole intent to nullify the judgment and orders passed by this court including the order dated 30th september, 1991 passed in the company's writ petition. ..... bhagwat, the supreme court declared section 11(2) of the karnataka state civil services (regulation of promotion, pay and pension) act, 1973 unconstitutional, illegal and void as it was held by the supreme court that the said provisions seem to do away the judgments, decrees and orders of the court which became final against the state ..... in the light of the situation obtaining therein, the supreme court reached the conclusion that the ordinance namely karnataka cauvery basin irrigation protection ordinance, 1991 nullifies the decision of the tribunal dated 25th june, 1991 and it impinges upon the judicial power of the state and is, therefore, ultra vires the ..... the ordinance is also against the basis tenets of the rules of law inasmuch as the state of karnataka by issuing the ordinance has sought to take law in its own hand and to be above the law, such an act is an invitation to lawlessness and anarchy, inasmuch as the ordinance is a manifestation of a desire on the part of the state to be a judge in its own cause and to defy the decisions of the judicial .....

Executive Engineer, Yavatmal Medium Project Division and anr. Vs. Anan ...

Court : Mumbai

Reported in : 1998(4)ALLMR201; (1998)IILLJ77Bom; 1998(3)MhLj897

..... and works connected with the irrigation projects of the irrigation department of the state of maharashtra fall within the definition of industry within the meaning of section 2(j) of the industrial disputes act. 2. ..... two judgments relied upon by the apex court to arrive at the conclusion arrived at in executive engineer, state of karnataka (supra), nowhere have laid down the tests to hold as to why irrigation department is to be excluded from the definition of industry. ..... instant case and des raj's case the irrigation department of punjab has been held to be an industry based on the definition of industry as it now stands, whereas applying the same definition the apex court in the case of executive engineer, state of karnataka held it not to be an industry. ..... ' it is on account of this latter judgment of the apex court and the judgment in executive engineer, state of karnataka (supra) that the petitioners contend that the law laid down in des raj's case (supra) is no longer good law and it is further contended that the latter judgment of the apex court is to be followed as it is a ..... it is pointed out that the judgment in the case of executive engineer, state of karnataka being subsequent judgment would be of a binding nature and in terms of article 141 of the constitution of india it is the law which is binding on ..... it is also clear that the judgment in executive engineer, state of karnataka (supra) was pronounced without considering the judgment of the apex court itself in des raj .....

The State of Maharashtra Vs. Dnyaneshwar Rakmaji Aher and Another

Court : Mumbai

Reported in : 1998(3)ALLMR601; 1998(3)BomCR355; (1998)1BOMLR326; 1998(2)MhLj135

..... & others (supra), relied upon by the learned a.g.p, it has been held that the irrigation department of karnataka state is not an industry, as defined under the act. ..... is further held that the question as to whether the telecommunication department is an industry, within the meaning of the definition contained in the existing unamended section 2(j) of the act, has to be answered, according to the decision of the apex court in the case of bangalore water supply board (supra). ..... there was no reply to this notice of demand, he approached the conciliation officer, under section 2-a of the industrial disputes act, 1947 (hereinafter referred to as the act) for reinstatement with continuity in service and backwages till 17-9-1990. ..... by the central government by issuance of notification required for the purposes and it would not be necessary for the court to consider whether the telecommunication department of the union of india would be an industry, within the meaning of section 2(j) of the act in the amended provision, which has not been brought into force. ..... of gujarat, 1987(28) gujlr 1070; has held that the department of industries, mines and power of the gujarat state was not an industry, as defined under section 2(j) of the act. ..... labour court has allowed the reference on the ground that the petitioner did not comply with the requirements of section 25-f and 25-g of the act. ..... further submitted that once a reference has been made by the competent authority, under section 10(1) r.w. .....

Union of India, Through the Executive Engineer Vs. M/S Bajaj and Co., ...

Court : Mumbai Nagpur

..... according to him, these judgments only refer to the power of the civil court to grant pendent lite interest on the principal amount and are not on the scope of it's power under section 15 of the said act and by modifying the award, the learned civil judge has exceeded his jurisdiction. ..... having considered the nature of power available to the civil court under section 15 of the said act, it would now be necessary to examine as to whether the learned civil judge has exceeded his jurisdiction in modifying the award or ..... harishbabu, the apex court has held that under section 14(2) of the said act, notice of filing of award in court either in the form of a specific notice or in the nature of some intimation or communication is required, although, same need not be in ..... discussed earlier, learned civil judge has exceeded his jurisdiction in exercising his power under section 15 of the said act to partly modify the award of the arbitrator. ..... has been on an entirely different set of facts and principles of law, not germane to adjudication of the controversy involved in this case, the law laid down by the hon'ble supreme court in the case of secretary, irrigation department, government of orissa and others vs. ..... this is an appeal filed under section 39 of the arbitration act, 1940 against the judgment and order passed on 06/3/1998 by the civil judge, senior division, nagpur in special civil suit ..... of karnataka and another vs. ..... of karnataka and another vs. ..... of karnataka and another vs. .....

Ramprasad Wamanrao Kadam Bordikar Vs. the State of Maharashtra and ors ...

Court : Mumbai

Reported in : 1996(3)BomCR658

..... the state of mysore : air1996sc188 , section 4 and section 11(2) of the karnataka state civil services (regulation of promotion, pay & pension) act, 1973, was assailed. ..... alleges that there was an attempt to bifurcate the jintur market committee so that the government will have power to appoint first committees for the bifurcated market committees and a committee was also appointed under section 40 of the agricultural produce market (regulation) act, 1963 (hereinafter called as the 'market act'), to inquire into affairs of bombay market committee under the chairmanship of a retired judge of this court (puranik, j.). ..... the legislative council had no opportunity to discuss the bill for the second time and, therefore, it cannot be deemed to have been passed under article 197 of the constitution of india;(iv) both the ordinance and the act are hit by article 14 of the constitution of india since they legislate for the bombay market committee alone singling it out without any rational basis for classification.6. ..... in the year 1955 and the legislature, in the year 1976, inserted sub-section (1) in section 13 of the marketing act so as to constitute the bombay market committee with different kind of structure. ..... (1) supreme court cases, 96(ii), cauvery water dispute's, case, the karnataka kauvery basin irrigation protection ordinance, 1991, was held to be unconstitutional and ultra vires as it was in effect overriding interim orders made by the tribunal constituted by the parliamentary law .....

Vinod S/O Khimji Lodaya Vs. Muljibhai S/O Maujibhai Patel and Others

Court : Mumbai Aurangabad

..... since the provisions of sections 137 and 138 of the indian evidence act, are interpreted by the karnataka high court, chattisgarh high court and by this court also and view is taken that in appropriate cases, where the defendant demonstrates that the codefendant's evidence would adversely affect his interest, cross ..... the karnataka high court in case of sri mohamed ziaulla [supra] while interpreting the provisions of section 137 and 138 of the indian evidence act, in ..... this court in the case of vidarbha irrigation development corporation [ supra ] has taken a view that the examination/cross examination by the codefendant is permissible since the object of leading evidence and cross examination is to find out ..... the learned counsel invited my attention to section 137 of the indian evidence act and submitted that, it is contemplated by the said provision that, only adverse party has right to ..... submits that in view of the provisions of section 137 of the indian evidence act, only adversary can cross examine the plaintiff ..... these two sections of the evidence act make it abundantly clear that a party has a right of cross examining his adversary or ..... section 137 and 138 of the evidence act do not specifically refer to cross examination of codefendant ..... section 138 of the evidence act refers to cross examination if the adverse party so desires after the witness is first examined ..... 7 to 9 held thus, : "section 137 specifically explains that the examination of a witness by the adverse party is .....

Vithal Nagar Co-operative Housing Society Ltd. Vs. Divisional Joint Re ...

Court : Mumbai

..... the respondent no.3; (v) that at the instance of respondent no.3, the respondent no.2 has by an order dated 26.3.2010 ordered an enquiry (albeit by another officer) into the affairs of the petitioner-society under section 83 of the mcs act; (vi) all the proceedings initiated by the respondent nos.3 and 4, some of them through the office of the 2nd respondent, have either been stayed or set aside at the level of this court; ( ..... malafide conduct and exercise of powers by the respondent no.2 in collusion with respondent nos.3 and 4: (i) the office of respondent no.2 has repeatedly shown, and continues to show, a willingness to act upon the complaints of respondent no.3 with extreme alacrity regardless of their subject matter and validity, the background of the matter, or the prevailing situation; (ii) this approach is, in fact, amply demonstrated by the ..... by the administrator as well as the managing committee members in the year 2006 within the prescribed period of 15 days under the provisions of section 73 (1ab) of the mcs act and rule 58-a of the rules thereunder, the respondent no.2-deputy registrar ought to exercise powers under section 78 of the mcs act, 1960 to dissolve the present managing committee and appoint administrator in place and instead of the present managing committee. ..... karnataka ..... irrigation ..... 8 on 10.12.1965, the plot no.64 ( hereinafter referred to as the said plot ) on 12th road, jvpd scheme was leased out to one shri harbhagwan malhotra for the purpose .....

The State of Maharashtra Through the Secretary Water Resources Departm ...

Court : Mumbai

Reported in : 2009(3)BomCR673; 2009(111)BomLR1989; 2009(4)MhLj163

..... the file produced before us contains letter dated 15/5/08 addressed by him to the minister for water resources stating that in the review taken in various meetings as regards the implementation of the various minor irrigation (local sector) schemes it was found that there was no proper coordination at the chief engineer's level about the works undertaken by different divisions of local sector in the state and, therefore, the progress of the ..... that the minister for water conservation, khar land and agriculture has, as the executive head of the water conservation department taken a review in various meetings of the various minor irrigation (local sector) schemes that are being implemented in the state and during the review several lacunae were seen in the functioning of the chief engineer. ..... the controversy first arose when the 1st respondent who was working as chief engineer, minor irrigation, local sector, pune from 4/11/06 was transferred to the post of chief engineer mmrda, mumbai by the state by order ..... gosavi stated in the affidavit that the transfer order dated 28/5/08 was passed on administrative grounds and in public interest by resorting to the provisions of section 4(4 & 5) of the transfer act by recording appropriate reasons and the proposal is approved at the highest level. mr. ..... on 3/1/1991, the government of karnataka took a decision that the chief secretary should be ..... that case, the appellant was working as chief secretary to the karnataka government. ..... of karnataka and .....

The State of Maharashtra and Others Vs. Meena A. Kuwalekar and Others

Court : Mumbai

..... selection grade after completion of 16 years of service and super timescale after completion of 18 years of service the respondent urged that his service from 1970 to 1977, though in the irrigation department be taken into consideration, particularly since the object of such scheme was to relieve the employees from the frustration due to stagnation and further because similar benefit had been granted ..... (2008) 14 scc 721), the hon'ble supreme court in the context of acps formulated by the state of karnataka has held that the object of the office memorandum related to non-functional posts and fixation of pay scales is to see that group c and group d ..... and conditions of employment are altogether different from persons appointed in the regular establishment against sanctioned posts after following the procedure prescribed under the relevant acts or the rules and their duties and responsibilities are also substantially different than those of regular employees. ..... service rule which enabled section officers possessing a recognised degree in civil engineering or equivalent to claim eligibility for promotion if they had put in three years service in the grade (six years' service in case of diploma holder), the question arose as to the point of time from which the period of three years was to be counted in a case, where the section officer obtained the degree during ..... division clerks in the department of rehabilitation, government of india on 18 november 1970 and 5 february 1965 respectively. .....