Court : Mumbai
Reported in : [2003(97)FLR492]; (2003)ILLJ929Bom; 2003(1)MhLj643
..... , the labour court deciding such a case necessarily will have to enter into merit of the charges for examining as to whether the reasons were false or true and if that be so, the court sitting under the act of 1971 will have to point out the merits of the charges while the same court dealing with the cases in which the charge of unfair labour practices made ..... act and the bombay industrial relations act were also noted and the lacuna was indicated in both the acts which did not provide for provisions for reference of unfair labour practice which has been provided for in the maharashtra act ..... noted the provisions of the industrial disputes act, 1947, the provisions of the bombay industrial relations act and the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... the labour court decided the complaint by the order dated july 27, 1981 directing the reinstatement of the employees to their original post with continuity of service and l/4th backwages for the period during which they were out of employment on account of termination of their service by the bank.the order passed by the labour court came ..... (1) the facts of niranjan gade's case were as follows : 'a driver belonging to the maharashtra state road transportcorporation was charge-sheeted on the ground that he did not stop thebus at the bus stand despite the fact that several ..... and national tribunals as also on arbitrator which are authorities created under the said act .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR942; 2004(1)MhLj664
..... want of preparation of perspective plan by nagpur university for the location of colleges and institutions of higher learned and approval thereof by the state council for higher education as contemplated under section 82 of the maharashtra universities act, 1994, the orders dated 29-6-2001 and 14-7-2001 whereby the state government granted permission to vidya niketan shikshan pratisthan (respondent no. ..... not only, that clause (1) of section 82 uses the words 'shall' in a mandatory form when it provides that university shall prepare a perspective plan and get the same approved by the state council for higher education for educational development for the location of colleges and institutions of higher learning in a manner ensuring equitable distribution of facilities for higher education but also clause (ii) provides in unequivocal terms that no application for opening ..... are deemed appropriate by the management council; (c) such applications, which are not in conformity with the perspective plan and, thus, are outside the purview of the university for consideration, are also to be scrutinised by the board of college and university development and the same are also required to be forwarded to the state government and (d) the state government has no powers to accord approval to an institution which is not within the perspective plan.'10. ..... and long-term, are prepared keeping in view the objectives of the university as laid down in the act, and with due regard to the state and national .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR623; (2006)ILLJ874Bom
..... as it deems expedient :provided that -(a)xxx xxx xxx(b) the corporation may by resolution direct that the scales of pay of any specified classes or grades of officers or servants shall not be varied without the approval of the corporation and, so long as such resolution is in force, the transport committee shall not authorise any variation in such scales without such approval.explanation : an increase in the salary of any permanent office shall be deemed, for the purpose of sub ..... 457 of 2001 under items 6, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'mrtu & pulp act') before the industrial court, thane. ..... to their use, transport or sale;(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operation connected with navigation, irrigation, development or maintenance of buildings, roads, bridges or mission and distribution of electricity or any other form of power is being carried on;(h) any other establishment or class of establishment which the central government or a state government may, having regard to the nature thereof, the need for protection of persons employed therein ..... chimna arjun jadhav, 2001 3 clr 57 and national textile corporation (nm) ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR725
..... aside the documents and conveyance is also there in the suit and in any case the entire claim in the suit is in respect of the property of the firm which came to be transferred to other defendants by the act of other partners and, therefore, the second suit of the plaintiff cannot be said to be a different suit or of such a nature so as to not affect the provisions of section 69 as applicable to partnership act (maharashtra state amendments).29. ..... then after the words 'prescribed fee', in sub-section (1) of section 58 of the original act, the maharashtra amendment requires 'a true copy of the deed of partnership' to be accompanied to the application and, sub-section (1-a) of the maharashtra amendment lays down that 'the statement under sub-section (1) shall be sent or delivered to the registrar within a period of one year from the date of ..... so far as section 58 of the indian partnership (maharashtra amendments) act is concerned, he contended that if at all there were any defects in the application for registration or in the process of re-registration, that was the matter to be taken care of by the registrar and, this court was not competent nor concerned with those defects and, once the certificate is issued by the registrar of firm, then that nullifies the ..... if the amended act of maharashtra has come into force in 1985, then it was necessary that the application for registration was accompanied by the partnership deed and it was filed within one year from the date of .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR659; 2006(6)MhLj616
..... of any court or tribunal, any proceeding initiated or any order passed by the state government in any such proceeding under sub-section (2) of section 45 of the principal act, as amended by the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1976, during the period commencing on the date of coming into force of the said amendment act and ending on the date of commencement of this act shall not be deemed to be invalid and shall be deemed to have been validly initiated or passed under sub-section (2) of section ..... 18, admeasuring 24 acres and 20 gunthas in the year 1969-1970 in possession of the landholder and the latter had effected partition of his land on 20-12-1969 between himself, his wife and son who was only one-year old and after partition, the appellant's wife, without cultivating the same, had given half of it on batai basis in the year 1970-1971 to one mahadeo baliram wadalkar and yet no batai papers were filed on record either by the appellant or his wife. ..... this has been done in pursuance of the national policy evolved consequent to the recommendations of the central committee on land reforms and with a view to make available additional land for distribution to landless persons in the state and thereby to try to secure more equitable distribution which in turn will help to eradicate the economic disparities in the state.26. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR479; 2006(1)BomCR743
..... under section 4 was published in the year 1970 and it is wrong to apply provisions of the amended act to these proceedings.16) the provisions of law under the land acquisition act have not been properly construed and applied to the fact of the present case resulting in miscarriage of justice.20) that the judgment and decree passed by the learned judge is contrary to the provision of law and is also contrary to the facts on record and therefore, it deserves to be quashed and set aside.plain reading of the above ..... bearing in mind the above provisions of law and the objections sought to be raised in the matter regarding absence of the ground relating to the applicability of unamended section 25 of the said act to the proceedings, if one peruses the memo of appeal filed on behalf of the state, it discloses various grounds, including the following:-10) that the learned judge has further committed an error while awarding benefits of the amended provision of the act to the claimant.11) that the hon'ble judge ..... state of maharashtra v. ..... the land in question comprises of various survey numbers situated adjoining each other on the western side of mumbai-pune national high way abutting on the western side of the mumbai-pune national high way no.4. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)2068; (2002)104BOMLR313
..... revision to the sessions judge under section 399 does not bar a person from invoking the power of the high court under section 482, it is equally true that the high court should not act as second revisional court under the garb of exercising inherent powers.the learned single judge then posed a question 'can the high court in exercise of its jurisdiction under section 482 of the ..... state of maharashtra (supra) wherein the apex court has held:the high court possessed and possess the inherent powers to be exercised ex debito justified to do the real and the substantial justice for the administration of which alone courts exist.the apex court, while laying down the parameters of the jurisdiction of the high court under section 482 of ..... , such powers do not confer any arbitrary jurisdiction on the high court to act according to its whim or caprice;(ii) that it should be exercised very sparingly to prevent abuse of process of any court or otherwise to secure the ends of justice;(iii) that the power is not to be resorted to if there is a specific provision in the code for the redress of the grievance of the aggrieved party; and(iv) that it should not be exercised as against the express bar of law ..... for decree of nullity of marriage which is pending before the family court and the matter was compromised and both parties agreed to withdraw the allegations against each other and further agreed to file joint petition under section 13-b of the hindu marriage act for divorce by mutual consent. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR507; 2006(2)MhLj726
..... board of directors of the bank has representatives of district central co-operative banks, a director representing societies not otherwise represented, a director representing apex co-operative, cooperative marketing society, some directors representing urban banks, a director representing maharashtra state co-operative land development bank limited, five directors representing individual members, a director representing co-operative processing societies and one director representing regional and district industrial co-operative banks, thus, it seems that there is no direct representation of the ..... (e) the bank can borrow from the reserve bank of india, state government, public sector banks, industrial development bank of india, agricultural refinance and development corporation and national co-operative development corporation.the manuals then lists various procedures and forms to be followed by the officers and employees of the banks.10. ..... co-operative institutional service board constituted under section 122 of the societies act as well as to the service rules framed by the appellant under regulation 102 of the service regulations. ..... it may be seen that the maharashtra state co-operative bank in its original incarnation was infact registered in the year 1911 under the co-operative societies act in the bombay province. .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR25
..... grounds itself, it is noticed that the detenu has forwarded his representation to the state of maharashtra and the detaining authority namely the state government and the averments made in the ground itself shows that neither the state government nor the detaining authority had considered the representation at all. ..... goods; that used to sell the same in ulhasnagar for a profit; that their visit to singapore on the latest occasion was for the purpose of selling the designed punjabi suits; and to sell the same in singapore at good price; and that however due to the changed policy of the government there was not much profit to be earned by bringing foreign house hold goods into india; that they subsequently found that there was ..... reaching the airport he bought his ticket for the same flight, that after checking in at the airline counter, both proceeded to the parking lot outside and exchanged the shoes as both wore shoes of the same size; that the shoes he gave to hero contained part of the foreign currency concealed in the sole of the shoes; that the said concealment of ..... in cases of mere delay in making of an order of detention under a law like the conservation of foreign exchange & prevention of smuggling activities act, 1974 enacted for the purpose of dealing effectively with persons engaged in smuggling and foreign exchange racketeering who, owing to their large resources and influence have been posing a serious threat to the economy and thereby to the security of the nation. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008CriLJ2206; ILR2008KAR1574; 2008(4)KarLJ73; 2008(2)KCCR894
..... if an instrumental rendering of the national anthem is valid, there is no offence committed.j) orders relating to the national anthem nor the instructions issued in respect of the singing of the national anthem do not form part of the act and reliance cannot be placed on the same for establishing the commission of an offence under section 3 of the act.9. ..... state of maharashtra and ors ..... it is however, not felt necessary to issue any general direction to all sub-ordinate courts in the state of karnataka not to entertain any complaint against the petitioner for the alleged offence committed on 08.4.2007, as prayed for ..... if the necessary factual foundation is laid in the complaint, merely on the ground that a few ingredients have not been stated in detail, the proceedings should not be quashed. ..... : air1964sc685 - state of andhra pradesh and ors. v. ..... as stated hereinabove, this court had addressed a complaint relating to the very incident alleging the commission of an offence under section 3 of the act- while dealing with the criminal petition no ..... the petitioner further seeks a direction to all the sub-ordinate courts in the state of karnataka not to entertain any complaint against the petitioner for the alleged offence under section 3 of the act.13. ..... state of kerala and ors ..... state of kerala : 1986crilj1736 ,- state of haryana v ..... angre : 1988crilj853 ; state of haryana v. ..... jaison hosiery industries : 1979(4)elt511(sc) - state of orissa v. ..... rajbhau surajmal rathi : 1997crilj212 ,- state of orissa v. .....
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