Judgment Search Results Home > Cases Phrase: karnataka irrigation act 1965 section 19 x x x Sorted by: old Court: mumbai Page 3 of about 31 results (0.085 seconds)

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 .....

Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Reported in : 2010(112)BomLR7

..... full effect of implementation to the provisions of international convention on standards of training, certification and watchkeeping for seafarers, 1978 as amended on 7-7-1995 and adopted by the international maritime organization, london, and further provides, in tune with section 78 of the said act that issuance of coc may be issued to the grades mentioned therein, which includes the grade of a master of a foreign going ship, etc. ..... 2 has further stated that the said application was incomplete and is pending since 30-3-2004, as the petitioner could not fulfill the necessary formalities as prescribed under the indian port act, 1908, and other relevant documents as required by the department, though informed on several occasions to comply with the formalities by letters dated 13-4-2004, 17-10-2005, 16-3-2007 and 29-9-2008, and that inspite of specific ..... rule 10 provides for revalidation and upgrading of certificates, and, states that every seafarer who holds an appropriate certificate in accordance with the convention, the act and the rules framed thereunder prior to the date of those rules may apply for revalidation and upgrading during the transitional period of the stcw convention that is from 1-2-1997 to 1-2-2002 ..... karnataka urban water supply & drainage board employees' ..... : air 1965 allahabad 151 that a petition for quo warranto cannot be dismissed for delay, for the cause of action arises, 'de die in diem' and this observation was made by that high court based on a decision of .....

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 .....

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

Court : Mumbai

..... employee of 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; (vii) ..... finding of fact by the authorities below that 7 out of 9 present managing committee members who were appointed pursuant to the elections held in december 2006 had not executed the m-20 bonds as per section 73(1ab) of the mcs act and rule 58-a of the mcs rules in december 2006/january 2007 and therefore had ceased to be members of that managing committee, is maintained; v) the contention on behalf of the petitioner-society ..... i find it hard to accept that because the members of a managing committee of a society did not execute the m-20 bonds within the prescribed period, until an administrator is appointed under section 78 of the mcs act who would hold elections of the managing committee, all the actions and decisions taken by the society during the interregnum through subsequent managing committee would be set at naught for all times to ..... 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 of residence and .....

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 .....

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. .....

Mahindra and Mahindra Financial Services Ltd. Vs. Manik Vitthal Kawle ...

Court : Mumbai Aurangabad

..... setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had bow disposed of by the arbitral tribunal: provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within ..... the intention of the legislature in enacting sub-section (3) of section 34 of the act is that the application for setting aside the award should be made within three months and the period can be further extended on sufficient cause being shown by another period of 30 days but not thereafter, this court is of the opinion that the provisions of section 5 of the limitation act would not be applicable because the applicability of section 5 of the limitation act stands excluded because of the provisions of section 29(2) of the limitation act." "11. ..... in the said judgment, the apex court, therefore, has concluded that an application could be filed under section 34 of the act of 1996 within three months, which was extendable, on showing sufficient cause for a period of thirty days, but ..... principal secretary, irrigation department [2009 (supple) air sc 396] has dealt with an almost identical ..... and others (2008) 10 scc 1 again reiterated the clear position of law that by virtue of article 141 of the constitution, the judgment of the constitution bench in state of karnataka and others v. .....

Mohit Vs. State of Maharashtra, thru its Secretary, Ministry of Irriga ...

Court : Mumbai Nagpur

..... is submitted that recruitment rules are not framed by the water conservation department and hence, the services of the petitioners are liable to be regularized, as the recruitment rules of the irrigation department on which the state government has relied while issuing the impugned advertisement, dated 15/02/2016, would not apply while making the appointment of the employees in the water conservation department. ..... it is stated that the recruitment rules are framed under the provisions of article 309 of the constitution of india for recruitment of engineers in the irrigation department and appointments are sought to be made by the impugned advertisement, in accordance with the rules, so framed and amended from time to time ..... it is stated that the state government, as an unscrupulous employer has sought to take advantage of the provisions of section 2(oo)(bb) of the act by appointing the petitioners on contract basis only for a period of 11 months, though the posts on which the petitioners were appointed are permanent in ..... telecom district manager, karnataka), air 2006 sc 2427 (haryana state electronics development corporation ..... of the submissions, as canvassed on behalf of the petitioners have been elaborately dealt with by the constitution bench of the hon'ble supreme court in the case of the secretary, state of karnataka and others vs. ..... government pleader relied on the judgments of the hon'ble supreme court, reported in (2006) 4 scc 1 (secretary, state of karnataka and others v. .....

Sanjay Bhaskarrao Kale Vs. The State of Maharashtra, Through its Princ ...

Court : Mumbai Aurangabad

..... that the rainfall during this year is below average and due to such subdued and scanty rainfall, higher temperature and other climatic reasons, availability of water in all major, medium, minor irrigation projects in marathwada region has been reduced to a great extent. ..... the learned counsel invited our attention to the information received by the petitioner under right to information act from respondent no.1, vide letter dated 20th june, 2011, thereby depicting excess/unauthorized production of liquor in the state of maharashtra from the statistical data from the year 2006 ..... , and others v/s state of karnataka and others (1995) 1 scc 574, he submits that trade in liquor is not a fundamental or ..... submitted that according to a recent study about potable drinking water in maharashtra during februarymay, the situation is exacerbated by unregulated ground water abstraction for the purpose of irrigation and industrial uses. ..... of water from jaikwadi dam, which, in fact, should legally be used to satisfy drinking and irrigation needs of the region. ..... it is submitted that the maharashtra water resources regulatory authority [mwrra] act, 2005 requires every person / industry to possess entitlement before using water for any purpose from any source of water in the state of maharashtra, and has laid down guidelines based on which such ..... to take appropriate steps and follow the procedure established under the maharashtra water resources regulatory authority act, 2005 and other consequential reliefs. .....

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. .....