Court : Mumbai Nagpur
..... considering the pious object of the 1994 act, no loophole in its scheme can be worked out as the language is unambiguous and does not result in any ..... the petitioner leave to move necessary application as per law before the competent authority under the provisions of the 1994 act or 1996 rules stipulated supra. ..... or any other technology capable of undertaking determination of sex of foetus and sex selection, or render services to any of them, after coming into force of the prenatal diagnostic techniques (regulation and prevention of misuse) amendment act, 2002 (hereinafter referred to as amendment act) unless it is registered under 1994 act. ..... section 3a of the 1994 act shows that it prohibits sex-selection ..... without commenting upon the sections contained in the act and impact thereof. 7. ..... on a medical practitioner practicing in a different stream merely because one of his family members can be subjected to restrictions under the provisions of pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994, (hereinafter referred to as 1994 act). ..... no person can sell such machines capable of detecting sex of foetus to any genetic counselling centre, genetic laboratory, genetic clinic or any other person , not registered under the 1994 act. ..... investigation purpose and can be used for sex determination, the medical practitioner practicing in totally different stream cannot be subjected to unnecessary restrictions and such a course is beyond the scope of the 1994 act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , respondent no.3 confiscated a machine (capital goods) gravi mix magruire wsb 420, valued at rs.5,21,396/- under section 111(d) and (f) of the customs act, 1962 (hereinafter referred to as the act), and in terms of its section 125, gave option to pay fine of rs.1,30,000/- in lieu thereof, in addition to payment of appropriate duty. ..... he further contends that important provisions like section 7(a), section 8(a) and section 111 of the act need to be interpreted by this court in present matter and hence writ petition has been rightly ..... learned counsel has submitted that declaration of customs airport under section 7(a) of the act is sufficient to allow unloading of imported goods at nagpur airport and the reason that in the absence of declaration of an approved place in terms of section 8(a) of the act, the goods could not have been unloaded, is unsustainable. ..... which are imported or attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under the customs act or under any other law for the time being in force. ..... if the contention of the respondents about impracticability of implementation of customs act, 1962, without mention of approved place in terms of section 8(a) or without grant of recognition to a person ..... he imposed penalty of rs.35,000/- on petitioner no.1 under section 112(a) of the act, of equal amount on managing director personally and rs.15,000/- on purchase officer of petitioner .....
Tag this Judgment!Court : Mumbai Nagpur
..... the period of seven years in terms of royalty charges from farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said aspects the government of maharashtra has ..... to a conclusion that all unnecessary and redundant restrictions which distort and impede operation of market forces should be removed and based thereon, recommended deletion of cotton seed from the act, while retaining the power with the central government to add, remove or modify any essential commodity in the schedule to the essential commodity in the public interest.july 2006 : ..... ...even if (the statutory order) is passed in good faith and with the best of intention to further the purpose of the legislation which confers the power, since the authority has to act in accordance with and within the limits of that legislation, its order can also be challenged if it is beyond those limits or is passed on grounds extraneous to the legislation or if there are ..... the protection and improvement of environment and for matters connected therewith.december 1989 :in exercise of the powers conferred by sections 6, 8 and 25 of the environment act and with a view to protecting the environment, nature and health, in connection with the application of gene technology and micro-organisms, the central government notified the .....
Tag this Judgment!Court : Mumbai Nagpur
..... the expression corruptly caused has not been defined in the said act but the same has material bearing on the prayer for challenging the validity of an election on the ground of any irregularity or informality. ..... by relying upon the provisions of section 15(7) of the said act, it was held that merely on the ground of irregularity the election was not liable to be set aside. ..... thus, the provisions of section 15(7) of the said act would preclude the setting aside of such election merely on the ground that the returning officer committed an error while showing the names of the contesting candidates or in the absence of such irregularity or informality being caused ..... in the present context it would mean an act done with a view to get an advantage inconsistent with the rights of others. ..... the provisions of section 15(7) of the said act have material bearing on the issue in hand. ..... it was urged that the trial court rightly found that the requirements of section 15(7) of the said act had not been satisfied. ..... the challenge in the present writ petition is to the judgment of the trial court in election petition no.4/2014 that was filed by the petitioners under section 15(1) of the maharashtra village panchayats act, 1959 (hereinafter referred to as the said act). ..... being aggrieved they filed an election petition under section 15 of the said act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , the recognised parties or registered parties or groups, or elected councillor not belonging to any such party or group may, notwithstanding anything contained in the maharashtra local authority members' disqualification act,1986, within a period of not more than one month from the date of notification of election results, form the aghadi or front and, on its registration, the provisions of the said ..... issued for convening of special meeting itself was not in accordance with the provisions of section 63(2)(b) and section 65 of the act 1965 and for this reason also, the respondent no.1 rightly found fault in the manner in which the special meeting was ..... section 318 is about authority to examine the legality, correctness or propriety or otherwise of any order passed by the collector or any officer nominated by him to take decision under the provisions of the act, 1965 and would not include the power to reappreciate facts so as to substitute one view for another, just because it is possible. ..... is also the submission of learned counsel for the petitioners that a specific remedy under section 318 of the act, 1965 was available to the respondent no.4 and since it was not resorted to, the impugned order cannot be ..... the ground of illegality in determination of relative strength and the proportion in which the nominees were to be made was not taken in the appeal filed under section 65(4b) of the act, 1965 and, therefore, the petitioners did not have any opportunity to meet the said challenge. .....
Tag this Judgment!Court : Mumbai Nagpur
..... , and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered, has not been registered, or, where there is an ..... thirugnanams case (supra) the court found that the appellant was dabbling in real estate transaction without means to purchase the property and observed: section 16(c) of the act envisages that plaintiff must plead and prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than ..... conditions enumerated above are complied with, the law of limitation does not come in the way of a defendant taking plea under section 53-a of the act to protect his possession of the suit property even though a suit for specific performance of a contract is barred by limitation. ..... the terms necessary to construe the transfer can be ascertained; (4) the transferee must in part-performance of the contract take possession of the property, or of any part thereof, (5) the transferee must have done some act in furtherance of the contract; and (6) the transferee must have performed or be willing to perform his part of the contract. 13. .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitioner-employer has not led any evidence to prove the balance-sheets for the concerned period in respect of his claim that the allocable surplus under section 15 of the payment of bonus act available with him does not permit declaration of bonus at the maximum limit of 20% on the basis of monthly salary of each employee to be considered at rs.3,500/- for the accounting years 2006 ..... where an allocable surplus available with the employer during such accounting year exceeds the amount of minimum bonus payable to the employees under section 10 of the said act, subsection (1) of section 11 of the payment of bonus act creates a statutory obligation on the part of the employer to pay to every employee an amount of bonus in proportion to the salary or wages earned by the employee during any accounting year over ..... employees to bonus on the basis of the upper limit of the monthly salary or wages of rs.3,500/- as per the provisions of section 12, which is not covered by section 21 of the said act, dealing with the recovery of bonus by making an application to the appropriate government for recovery of such dues and obtaining a certificate for that amount from the collector. ..... petitioner-employer to pay the difference of bonus for the years 2006-2007 and 2007-08 as per the provisions of the amended section 12 of the payment of bonus act, 1965 on the basis of monthly salary or wages of rs.3,500/- instead of rs.2,500/, after deducting the amount of bonus already paid for the said period to .....
Tag this Judgment!Court : Mumbai Nagpur
..... on that basis it was held that the godawari marathwada irrigation development corporation which was an authority constituted under the maharashtra godawari marathwada irrigation development corporation act, 1998, was not state government and, therefore, any contracts with it would not amount to contracts being entered into by the candidate with the ..... election petition has been filed by the petitioner under section 80 of the representation of the people act, 1951 (for short, the said act) challenging the election of the respondent no.1 as a member of the legislative assembly from 074 chimur ..... election of a returned candidate can be declared to be void under section 100 (1)(d)(iv) of the said act, if by virtue of non-compliance of the provisions of the said act, the result of the election has been materially affected. ..... it was also pleaded that the provisions of section 33(4) of the said act were not violated as the name of the respondent no.1 that was shown in the return of election was the name by ..... , for the purposes of attracting any disqualification for having a subsisting contract under section 9a of the said act, such contract has to be with the appropriate government. ..... for the petitioner submitted that while considering provisions of section 9a read with section 7(a) of the representation of the people act, 1951 (for short, the said act), it would also be necessary to consider the provisions of the vidarbha irrigation development corporation act, 1997 (for short, the act of 1997). .....
Tag this Judgment!Court : Mumbai Nagpur
..... is not filed within 10 days, that will not prevent the defendant from filing such application at any subsequent stage by putting forth the cause that the application under section 8 of the arbitration and conciliation act was filed immediately, and the defendant was awaiting the decision on such application, which may be considered by the court to be the "sufficient cause", as contemplated by sub-rule (7) of rule 3 of order xxxvii of the code of civil ..... in response to the suit summons, the defendants at the very first opportunity produced an arbitration agreement dated 9-4-2014 along with an application exhibit 23 filed under section 8 of the arbitration and conciliation act, 1996 read with section 9-a of the code of civil procedure on 30-9-2015 for referring the matter to the arbitrator named therein. ..... shri bhangde, the learned senior advocate, appearing for the respondent-plaintiff, was put a specific question that is it your case in reply to the application under section 8 of the arbitration and conciliation act that the agreement dated 9-4-2014 does not subsist, and he has answered it in the negative. ..... the court has construed the word/phraseology "action", employed under section 8 of the said act to cover all sorts of suits, which are instituted in the civil courts by presenting a plaint ..... 921, in which the question was whether an application under section 8 of the arbitration and conciliation act would lie in a suit filed under order xxxvii of the code of civil procedure. .....
Tag this Judgment!Court : Mumbai Nagpur
..... these judgments, therefore, conclusively established that the agreement between the parties to refer the dispute to arbitration under section 10a of the industrial disputes act needed to be sent to conciliation officer as also to appropriate government and appropriate government ought to have published the same within one month of ..... in this background, advocate shri mehadia on behalf of the petitioners has invited attention to the scheme contained in section 10a of the industrial disputes act, 1947 to show that the agreement to refer the industrial dispute to arbitrator is required to be forwarded to an appropriate government as also to the conciliation officer and the appropriate government thereafter is expected to publish the ..... the appropriate government was also duty bound to apply its mind to ingredients of sub section 3a of section 10a of the industrial disputes act to find out whether opportunity needed to be given to other employers or other workmen, not party to arbitration agreement, so as to enable them to appear before the ..... employees welfare union...versus...the deputy commissioner of labour) on 29.7.2008 reveals that on 15.12.2004 a reference to full bench was sought on question whether an award under section 10a of the industrial disputes act which is rendered invalid due to non-compliance of the requirement of section 10a (3) of the act could be enforced by one of the parties as an award on private arbitration under the provisions of the arbitration and conciliation .....
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