Court : Mumbai Nagpur
..... das, (d) premji nathu, and (e) madan and another, cited supra, the following principles emerge- (i) in the cases falling under clause (a) of the proviso below subsection (2) of section 18 of the land acquisition act, if the person making the reference ( the claimant ) was present or represented before the collector at the time when the award is made, it can be said to be made when it is so pronounced and ..... details of the award including his consideration and its manner of determination of the compensation, and that the statutory operation of limitation does not depend on the ministerial act of communication of notice in any particular form when the act or rules has not prescribed any form. 45. the ratio of the decision in aforesaid two cases, which is followed in other cases, is directly in conflict ..... of the apex court in the case of bhagwan das, cited supra, wherein it has been held that section 5 of the limitation act cannot be invoked for extension of the period of limitation prescribed under the proviso to section 18(2) of the said act and the collector cannot entertain any application for extension nor extend the bar for seeking the reference, even if there are genuine or ..... in (2014) 2 scc 720, it was a case where the award was passed on 16-8-1985, and in the reference under section 30 of the land acquisition act disposed of on 4-9-1991, it was held that the appellants are entitled to compensation in respect of 20 acres of acquired land and the remaining parties for compensation .....
Tag this Judgment!Court : Mumbai Nagpur
..... defer implementation of a decision taken or a resolution passed by any authority, body or committee of the university if, he is of the opinion that the same is not consistent with the provisions of the act, statutes, ordinances or regulations or that such decisions or resolution is not in the interest of the university and at the earliest opportunity refer it back to the authority, body or committee concerned for reconsideration ..... vice chancellor shall have the right to cause an inspection to be made by such person or persons or body of persons as he any direct, of the university, its buildings, laboratories, libraries, museums, workshops and equipments and of any institutions, affiliated, conducted or autonomous college, hall or hostel maintained or recognised by the university, and of the examinations, teachings and other work conducted by or on ..... the petitioner does not dispute that in the file there is a reference to the communication from the chancellors office dated 19th july 2010 and acting upon the same, the matter was deliberated and discussed within the university till december 2010 and ultimately the order that came to be passed in february ..... india constituted a committee in december 1961 to consider broadly the organizational structure of the universities in india and to prepare the outline of a model act suited to their role and functions of which dr.d.s.kothari, chairman, ugc was the chairman and several other persons who were either vice-chancellors of universities .....
Tag this Judgment!Court : Mumbai Nagpur
..... defer implementation of a decision taken or a resolution passed by any authority, body or committee of the university if, he is of the opinion that the same is not consistent with the provisions of the act, statutes, ordinances or regulations or that such decisions or resolution is not in the interest of the university and at the earliest opportunity refer it back to the authority, body or committee concerned for reconsideration ..... vice chancellor shall have the right to cause an inspection to be made by such person or persons or body of persons as he any direct, of the university, its buildings, laboratories, libraries, museums, workshops and equipments and of any institutions, affiliated, conducted or autonomous college, hall or hostel maintained or recognised by the university, and of the examinations, teachings and other work conducted by or on ..... when the petitioner does not dispute that in the file there is a reference to the communication from the chancellors office dated 19th july 2010 and acting upon the same, the matter was deliberated and discussed within the university till december 2010 and ultimately the order that came to be passed in ..... india constituted a committee in december 1961 to consider broadly the organizational structure of the universities in india and to prepare the outline of a model act suited to their role and functions of which dr.d.s.kothari, chairman, ugc was the chairman and several other persons who were either vice-chancellors of universities .....
Tag this Judgment!Court : Mumbai Nagpur
..... . chandra kumar (cited supra) the division bench holds that when the apex court, even in spite of specific provision in a statute under section 28 of the administrative tribunals act, excluding judicial review, holds that the power of judicial review could not be taken away, there was no question of by any implication the powers of judicial review in the matters ..... . to a pertinent query to shri mandlekar, learned counsel for the intervenor, as to whether there is some provision in the national green tribunal act or the rules framed therein, analogous to the powers of hon'ble chief justice which permits the matter from any of the benches to be transferred to the principal seat or from any of ..... was further observed that after the permission was granted by the ministry of environment under section 2 of the forest conservation act, 1980, there should be no impediment with nhai to proceed further with the project of four-laning of the stretch ..... sub-clause (d) of clause (2) of article 323a specifically enables the parliament to legislate a law for establishment of administrative tribunal act and also provides for exclusion of jurisdiction of all the courts except jurisdiction of supreme court under article 136 with respect to disputes as referred to ..... the permission is granted by the government of india, ministry of environment under section 2 of the forest conservation act, 1980 there should be no impediment with nhai to proceed further with the project of four-laning of the stretch .....
Tag this Judgment!Court : Mumbai Nagpur
..... the following substantial question of law arises for consideration : whether a legal representative of an employee who had initiated proceedings under section 10 of the said act seeking compensation for injuries suffered during course of employment would be entitled to continue said proceedings after the death of said employee ? ..... however, if claim for compensation is made by an injured employee then there is no requirement under the said act that it is only a dependent as defined by section 2 (1)(d) of the said act who can be impleaded as a legal heir on the death of the injured employee. ..... 453 has held that the provisions of section 306 of the indian succession act, 1925 would operate only upon courts and not upon tribunals like the labour court. 9 ..... the matter can be viewed from another angle in the context of provisions of the motor vehicles act, 1988 by referring to the judgment of the division bench in kumar mohamed rafique vs. ..... the full bench held that as benefit under the said act could be granted only to the employee and his dependents, a legal representative was not entitled to claim ..... on 07/05/2012 said madhu filed proceedings under section 10 of the said act seeking compensation on the ground that the accident in question had arisen out of and in the course of ..... the right to sue survives after the death of an injured employee who has made a claim for compensation then there is no bar under the said act for his/her legal representative to continue said proceedings. 6. .....
Tag this Judgment!Court : Mumbai Nagpur
..... therefore, the conclusion reached by the appellate tribunal that there is no bar for entertaining an application for interim relief in a reference under section 73a of the bombay industrial relations act cannot be faulted with. ..... it is pointed out by the hul that from 2004 to 2009 show cause notices were issued to many workmen on account of various acts of omissions and commissions. ..... act, 1946, an industrial court, labour court or a wage board has the jurisdiction to pass such interim orders as it deems fit. ..... conciliator by his letter dated 14th october, 2008 recorded that the dispute was not capable of being settled by conciliation and, therefore made a reference to the industrial court under section 73-a of the bombay industrial relations act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the observations made by this court in criminal application (apl) no.671 of 2011 decided on 2nd may, 2012 can be reproduced here as under:- there could hardly be a case under section 138 of the negotiable instruments act where the magistrate has strictly adopted procedure applicable to summary cases. ..... the appellant bank had filed a complaint before the competent court under section 138 of the negotiable instruments act, 1881 against respondent nos.1 to 3. ..... the proceeding under section 138 of the negotiable instruments act is a summary trial proceeding. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any ..... in many decisions that whenever there is a public wrong or public injury caused by an act or omission of the state or a public authority which is contrary to the constitution or the law, any member of the public acting bona fide and having sufficient interest can maintain an action for redressal of such public wrong ..... in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permits granted under this act: provided that the state government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits. ..... of public to take recourse to rules and regulations prescribed for complaining about such acts and they should resort to said procedure and then alone their grievances and complaints can ..... roshan kumar, (1976) 3 scr 58 : (air 1976 sc 578), this court noticed that the bombay cinematograph act, 1918 and the bombay cinema rules, 1954 made under that act, recognised a special interest of persons residing, or concerned with any institution such as a school, temple, mosque etc, located within a distance of 200 yards of the site on .....
Tag this Judgment!Court : Mumbai Nagpur
..... if for the word council , the words board of governors were substituted; (b) the board of governors shall (i) exercise the powers and discharge the functions of the council under this act and for this purpose, the provisions of this act shall have effect subject to the modification that references therein to the council shall be construed as references to the board of governors; (ii) grant independently permission for establishment of new medical ..... the facts necessary giving rise to the controversy involved in this petition, are stated below : the respondent no.1mci is a statutory body constituted under section 3 of the indian medical council act, 1956 (for short, the said act) and is empowered under section 3b to grant independently, the permission for establishment of new medical colleges or opening a new or higher course of study or training or increase in the admission capacity in any course of study or ..... assuming that the said provisions apply in respect of the scrutiny of the applications received by the respondent no.1mci under section 3b of the said act, it is the period of thirty days which is prescribed in later part of clause 4 itself, upon receipt of the application, for scrutiny and forwarding the said applications to ..... respondent no.1mci has been superseded by the central government in exercise of its powers under section 3a of the said act and by issuing the notification, has constituted the board of governors in supersession of the medical council of india ( .....
Tag this Judgment!Court : Mumbai Nagpur
..... the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any ..... in many decisions that whenever there is a public wrong or public injury caused by an act or omission of the state or a public authority which is contrary to the constitution or the law, any member of the public acting bona fide and having sufficient interest can maintain an action for redressal of such public wrong ..... in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permits granted under this act: provided that the state government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits. ..... of public to take recourse to rules and regulations prescribed for complaining about such acts and they should resort to said procedure and then alone their grievances and complaints can ..... roshan kumar, (1976) 3 scr 58 : (air 1976 sc 578), this court noticed that the bombay cinematograph act, 1918 and the bombay cinema rules, 1954 made under that act, recognised a special interest of persons residing, or concerned with any institution such as a school, temple, mosque etc, located within a distance of 200 yards of the site on .....
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