Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... 'recognised union or onions' in section 73bb means a union or unions recognised by the concerned co-operative society and not a recognised union within the meaning of section 3(13) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... administrator for the union territory of delhi : [1962]2scr125 , the supreme court upheld the validity of section 19 of the slum areas (improvement and clearance) act, 1956, under which landlords were barred from executing eviction decrees against tenants except with the previous permission of ..... thereafter, by another notification published in the calcutta gazette, extended all the provisions of that act to the khasi and jaintia hills, declaring the administration of civil and criminal justice within that district to be vested in the commissioner of assam, subject to the general direction and control of the lieutenant-governor, and further providing that the commissioner should exercise the powers of the high court in the ..... the principle laid down by the judicial committee of the privy council has been accepted, approved and followed by the supreme court ..... in our opinion, therefore, the expression 'such society' means a society which by reason of its special features, such as, its area of operation, the class to which its members belong, its objects and the operation it carries on forms a class by itself for the purpose of article 14 of the constitution, though it may be a society which along .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... examine the position as to whether any of the students dislodged from medicine and dentistry are remaining for want of admissions in those streams and will apply to the central government under section 10a of the indian medical council act for the increase of seats in the government and municipal medical colleges and follow it up ..... the present situation, is an unprecedented and an extraordinary situation and section 10a of the indian medical council act will apply to a permanent increase and not to a one time ..... the proposed medical college or the existing medical college seeking to open a new or higher course of study or training, would be in a position to offer the minimum standard of medical education as prescribed by the council under section 19a or, as the case may be, under section 20 in the case of post-graduate medical education:(b) whether the person seeking to establish a medical college or the existing medical college seeking to open a new or higher course of study or training or to increase ..... of this high court whereas some of them are filed on the appellate side and one writ petition is arising out of a letter sent by a student miss priyanka dinkar borde from kopargaon, district ahmednagar, which letter has been converted into a suo motu writ petition. ..... in any case, a joint committee consisting of representatives of union of india, medical council of india and state government could be formed to ascertain the number of ..... . 1971 of2001)will be entitled to the costs of this petition .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR277; 2008(1)BomCR602; (2007)109BOMLR2701; (2008)IILLJ1037Bom
..... has held that the churchgate division was not part of an 'undertaking or an establishment' and, therefore, the company was not obliged to follow section 25o of the industrial disputes act and further that the violation of section 25o would not constitute act of unfair labour practice within the meaning of the mrtu & pulp act, 1971, and, therefore, the complaint was dismissed and the union was required to directly approach the supreme court in appeal against the ..... the petitioner employer raised a preliminary issue before the learned single judge that the compliant has been filed by the complainants under item 9 of schedule iv of the mrtu & pulp act, 1971 which was not maintainable and cases of termination are to be tried by the labour court as contemplated under section 7 of the act by placing reliance on the decision of the supreme court in the case of lokmat newspapers pvt. ..... the points which arise for our determination are whether the complaint as preferred and filed before the industrial court under item 9 of schedule iv of the mrtu & pulp act, 1971 was maintainable or not and whether the complainants had been able to establish that the provisions of section 25o of the industrial disputes act, 1947 are attracted in their case and, therefore, the retrenchment is in contravention of section 25n of the industrial disputes act. ..... : [1955]2scr374 relying upon privy council decision in angus robertson v. ..... coimbatore district textile worker'sunion; fine knitting co. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698
..... by a notification dated 11th march, 1969 the government of maharashtra in exercise of the powers conferred by section 3 of the act, (a) appointed the persons specified in column 2 of the schedule to assist the registrar in the areas specified in column 3 thereof and has further (b) conferred on them the powers of the registrar specified against them in column 4 of the schedule. ..... 4 to 13, 15 & 16 at which the charge of the affairs of the factory was taken over by the newly elected board of directors and at that meeting the new chairman, vice-chairman and sub-committees were elected and even the resolution authorising withdrawal of funds from the bank account was passed. ..... in some cases a court is held by prescription, as having existed from time immemorial, with the implication that there was at some time a grant of the court by the sovereign, which has been lost'.in the privy council decision in shall company of australia, ltd. v. ..... on 25-11-1970 the petitioners applied to the district deputy registrar of co-operative societies, kolkhapur, respondent no. ..... he pointed out that so far as the nominee or nominees appointed by the registrar who have also been conferred the power to determine the disputes referred to them by the registrar under section 93 are concerned, the position has been clarified by this court in the case of the malabar hill co-operative housing society ltd. v. k. l. ..... 18 of 1971 in this court praying for action being taken against respondents nos. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... that the learned judges erred in their constitution of these provisions and that in fact no compensation was provided, but this question about the constitutional validity of the amending act does not really fall for consideration because learned counsel for the appellant did not contest the position that after the enactment of the 17th amendment to the constitution, ..... observed that the basic structure case : air1973sc1461 overruled golak nath's case : [1967]2scr762 (supra), it accepted the constitution (twenty-fourth amendment) act, 1971 as validly made and it further ruled that what was implicit in article 368 from the very beginning had been made explicit by the amendment to ..... clubbed for family unit though there may exist a married major daughter very much working and dependant member of the family, section 6 does not permit for the purposes of computing her to be the member nor can she be included in ..... act was based on the several considerations which included the local rain-fall, assessment and several such other factors and the ceiling areas were fixed having reasonable nexus with the local conditions of different areas of the state and therefore, in some areas the ceiling was 64 as in kolhapur, while it was 124 or 126 in other parts like ramtek in nagpur ..... plan after review of the committee's recommendations emphasized measures of ..... 'the high principles so stated by the privy council have been applied to the interpretation and even in finding the basic structure ..... hill .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom227; 1996(3)BomCR15; (1996)98BOMLR384
..... 1976.in the case of the complaints against the president or vice-president of the council or chairman of the committees of municipal councils we are told at the bar that no such procedure is prescribed under the maharasthra municipal councils act by the state government in order to effectively exercise he powers given to the state government under section 55-a of the act but the section 55-a of the act is free from constitutional objection on the core of art. ..... bearers and panchayat samities are referred to the commissioner for enquiry, the procedure should be followed mainly is that the complaint against the president and vice-president and chairman of committee should be enquired into by the commissioner or the additional commissioner and the complaints against the chairman and deputy chairman should be inquired into by the assistant commissioner vide government circular, ..... state government had chosen not to take actions against the presidents of the municipal councils manned by the persons belonging to the congress i despite the fact that the collectors of the respective districts had recommended to initiate proceedings under section 55a of the act against them.therefore, it is submitted that the action under section 55a against the petitioner was politically motivated and the impugned order was passed under political ..... another area of reasonablenessmust be distinguished is the constitutional standards of 'reasonableness' of restrictions on the fundamental rights of which the .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... development plan is the subject-matter falling within the jurisdiction of the planning authority under the maharashtra regional town planning act, 1971, the first respondent instructed the second respondent to take suitable action under section 37 of the maharashtra regional town planning act, 1966 (hereinafter referred to as the 'mrtp act'), by the letter dated january 25, 1973. ..... the statute taken by the appropriate authority and nol on account of any external circumstances.it is urged for the sixth and ninth respondents that before a petition is entertained under section 394 of the companies act for sanctioning theamalgamation of a scheme, the court under section 394a of the act is required to give notice of such application to the central government and take into consideration the representations, if any, made to it by the government before passing ..... towards the east of this plot, the hill slopes down to the mahim bay and there is a large tract of open land which now has been encroached upon and dotted by numerous unauthorised structures, though continued to be shown as green area in the sanctioned and revised development plan for ..... . taking stock of all developments up-to-date, the committee of secretaries felt that the third respondent having already granted development permission, no change need be made in the proposals of the draft revised development plan ..... a number of years municipal councillor and a member of the maharashtra legislative assembly and later of the council. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798
..... than those specified by items 2 & 6 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'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear ..... are :'provided that, in case of vacancies of a purely temporary nature, leave vacancies and daily waives earners, where no person recommended by the state transport services board or the selection committee concerned is available, the competent authority may appoint suitable persons, for a period not exceeding six months; provided further -provided further that, in the case of immediate necessity, when no person ..... considered in a case where there is no recognised union in an industry, namely, the corporation, at the relevant time when the complaints were filed by the union.for this purpose, we may make a reference to section 28 which reads as follows:'(1) where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer or any investigating officer may, within ninety days of ..... daily rated workers by chief conservator of forests, state of maharashtra in ahemdnagar district under the scheme of panchgaon parwati scheme providing for social forestry. ..... area .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR455
..... is next submitted that sahara is using the land for non-agricultural purpose without getting the said land converted to non-agricultural use and this is in violation of section 44 of maharashtra land revenue code and maharashtra land revenue (conversion of use of land to non-agricultural assessment) rules, 1969 and maharashtra land revenue (restriction on use ..... industrial zone of a draft or final regional plan or draft interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the maharashtra regional and town planning act, 1966 or any other law for the time being in force, or the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such ..... act defines regional plan as under :'2(25) 'regional plan' means a plan for the development or re-development of a region which is approved by the state government and has come into operation under this act :''region' is defined in section 2(23) to mean any area established to be a region under section ..... that the state government has earlier appointed a committee headed by the principal revenue secretary by name shri ..... regulations as incorporated in the development plan of 'c' class municipal council are made applicable except those expressly provided under the notification.19 ..... hill station entrance fee shall be decided by the collector of the district ..... there is violation of the maharashtra land revenue (disposal of government lands) rules, 1971. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... it was submitted that the provisions in the omda and state support agreement provides the formation of the joint co-ordination committee, airport co- ordination committee and omda implementation oversight committee does not in any manner indicate that there is any deep, pervasive or any control over the respondent no 3 either by the aai or the central government ..... the actions of the companies and statutory bodies mentioned in clauses (2) and (3) of section 2(e) of the public premises act while dealing with their properties under the public premises act will, therefore, have to be judged by the same standard.the supreme court read an obligation on companies and authorities in relation to which the public premises act was applicable to act reasonably and fairly and in public interest even while carrying on commercial activities, because they were instrumentality of the ..... that amendment erects no shield against merely private conduct, however, discriminatory or wrongful...the commercially leased areas were not surplus state property, but constituted a physically and financially integral and, indeed, indispensable part of the state's plan to operate its project as a self-sustaining unit ..... referred to above has while considering the provisions of the public premises (eviction of unauthorised occupants) act, 1971 referred to its judgment in the case of dwarkadas marfatia and sons v. ..... union of india : (1975)illj374sc that the council of scientific and industrial research was not 'state' .....
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