Court : Mumbai
Reported in : 2009(3)BomCR896; 2009(111)BomLR479
..... in erosion control feature article september/october 2000, i state that it is to be noted that the said article at the outset highlights that the field of the technology is an imperfect science and requires experimentation and innovation.article . 3 : i further state that the said article mentions only about steel wire mesh mainly the tecoo ..... the patents and sealed them. respondent no. 1 never objected to or opposed the same at any point of time and even as on date did not institute any proceedings for revocation of the patents before the competent authority nor in the present suit respondent no. 1 has filed any counter claim praying for revocation of ..... where an invention has been used by or with the authority of the central government for the purposes of government under this section, then, except in case of national emergency or other circumstances of extreme urgency or for non-commercial use, the government shall notify the patentee as soon as practicable of the fact and furnish him .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)BomCR27; (2007)109BOMLR1562; 2007(5)MhLj726
..... and non-teaching officers and employees and for the purpose of admission of students in the affiliated or conducted colleges, university departments, university institutions or recognized institutions. (3) the university shall adopt the general policy of the state government in regard to the welfare of various categories of weaker ..... for discharging teaching & non teaching jobs. said subsection further through its proviso states that the university can maintain, accredit or recognize any college or institution exclusively for women or reserved for women. in this background when sub-section [2] is looked into, the government policy and orders in relation ..... after superseding all its earlier decisions it has declared that 30% reservation should be provided in government, semi- government establishments as also in institutions receiving grant-in-aid from state government. the petitioners have contended that they are following all these directions while effecting recruitment or promotion and are .....
Tag this Judgment!Court : Mumbai
Reported in : (2010)112BOMLR1479,LC2010(1)313
..... to eliminate all kinds of impurities and germs. for providing complete purity and safety, the plaintiffs claimed that they have developed and rigorously tested their proprietary technology and invested in the state of the art plant equipment from usa and switzerland to process water using ultra filtration for filtering out floating particles bacteria. ..... bottled water amongst about 500 brands available, which has 300% more oxygen, is enriched with essential minerals and is purified using the world's leading technologies all together to safely and completely quench thirst and energise your team. it is also claimed that it is meeting the international standards with a majority ..... of diseases being water borne and corporates across the nation have recognised the need for safe, pure water for their work places, to ensure their team members health. unfortunately, most bottled water brand use only .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR12; 2007(3)BomCR607
..... a view to providing such employees security and stability of service to enable them to discharge their duties towards the pupils and their guardians in particular, and the institution and the society in general, effectively and efficiently.and whereas, it is further expedient in the public interest to lay down the duties and functions of such employees ..... submits, that she was harassed mentally by the management. she has also referred to her letter dated 3.9.1995 addressed by her to the chairman of the institute recording therein the harassment and ill-treatment to her. she has then referred to the termination order dated 29.3.1995. 5. for the purpose of appreciating ..... seeds corporation ltd v. vilas reported in (2005) 12 scc 422(xii) state of harayana v. satyendra singh reported in : air2005sc4251 (xii) abhijit gupta v. s.n.b. national centre reported in : (2006)iillj777sc (xiii) state of west bengal v. tapas roy reported in (2006) 6 scc 453. (xiv) hari ram maurya v. union of india reported .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR815
..... bench, after noting the provisions was pleased to hold that the securitisation act does not have any substantive provision which makes the debts of the banks and financial institutions have a priority over the statutory dues, whereas the epf act has a substantive provision to declare the provident fund dues would have first charge on the assets ..... , their dues rank higher in priority than the dues of the respondent no. 4. the issue of priority of state dues has been considered by us in krishna lifestyle technologies limited. v. union of india and ors. writ petition no. 4171 of 2997 decided on 5th february, 2008. what emerges from the judgment is as under:1. ..... establishment and would have priority over all other dues. the learned bench referred to the judgment of the supreme court in the case of state bank of and jaipur v. national iron and steel rolling corporation and ors. : [1995]212itr428(sc) , where the issue was priority of claims under the rajasthan sales tax act and the claims of .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3268; (2009)226CTR(Bom)221; 2009(242)ELT168(Bom); [2009]18STJ345; 2009[15]STR657; [2009]22STT130; (2009)25VST473(Bom)
..... and no meaning other than that which is put in the definition can be assigned to the same. (also see: p. kasilingam and ors. v. p.s.g. college of technology and ors. ). on the other hand, when the word 'includes' is used in the definition, the legislature does not intend to restrict the definition; makes the definition enumerative but not ..... is submitted that it would be impractical for the dozens of bottlers located all over the country catering to their respective market to advertise the brand name/produce at a national level. thus to ensure uniformity and high quality advertisement, the advertisement is always done from one centralized location to cover the entire country and to maintain brand image, uniformity etc .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(5)BomCR207
..... -lines for the disposal of the fly ash. fly ash, which at one time was merely an industrial waste, appears to have become saleable bye produce on account of new technology alleged to be developed by the petitioner. fly ash is used as a raw material for the production of a substance called 'pozzoorete' used for surfacing roads which reduces use ..... . coca cola co.) : air1995sc2372 ; (iv) (pioneer publicity corporation v. delhi transport corporation and anr.) 2003 (1) arb lr 672; (v) (vijaya minerals pvt. ltd. v. bikash chandra deb) : air1996cal67 ;(vi) (national shipping corporation of soudi arabia v. central industries ltd.) : air2004bom136 .9. mr. amey, learned senior counsel for the respondent, submitted that the contract admittedly was in respect of supply of .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4321; 2010(1)MhLj818
..... and added from time to time) applicable to the state government employees shall be applicable mutatis mutandis to the employees of the university, affiliated colleges and recognised institutions other than those recognised for research and specialised higher learning.(i) the maharashtra civil services (general conditions of service rules, 1981; and(ii) the maharashtra civil ..... 1 of which reads:statute 138. pay, allowances, pension, leave and general conditions of services of the employees of the university, affiliated colleges and recognised institutions other than those recognised for research and specialised higher learning.-(1). in accordance with the provisions of section 28 and clause (c) and (g) of ..... scc 702 m.p. housisng board v. manoj shrivastav.(b) : (2007) 6 scc 207 hindustan aeronautics ltd. v. dan bahadur sing.(c) : (2006) 5 scc 493, national fertilizers ltd. v. somvir singh.(d) : (2009)5 scc 625 m. rathinaswami v. state of t.n.(e) : (1998) 4 scc 117 state of punjab v. ram .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... not detract from the nature of duty.perusal of paragraph 81 of the judgment in unnikrishnan shows that the government found itself unable to aid any private institution financially and therefore, the government came out with a policy to involve private and voluntary efforts in the sector of education in conformity with accepted norms and ..... which was followed by allowing private sector to carry out coal mining operations for thermal power projects in 1993. it is further submitted that in 1994, the national telecom policy was announced to allow private companies to provide telecommunication related services in addition to the state owned enterprises viz., mtnl and bsnl. other sectors to ..... framed in the aircraft rules, 1937. 10. the learned counsel relied on the judgment of the supreme court in the case of ashoka marketing ltd. v. punjab national bank : [1990]3scr649 and submitted that the hon'ble supreme court of india in its judgment in the case 'ashoka marketing ltd.' referred to above has .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ARBLR313(Bom); 2008(5)BomCR196
..... arbitrator upon the respondent invoking arbitration, the appointment of an arbitrator by the institution of engineers cannot be faulted. in you one engineering and construction co. ltd. v. national highways authority of india : air2006sc3453 , the supreme court held thus:the arbitration agreement clearly envisages the appointment ..... providing a structure of ordered certainty to those who carry on business here. the legal system must innovate constantly to keep abreast with rapid changes in technology and business.26. counsel appearing on behalf of the petitioner relied upon the judgment of the supreme court in kaivelikkal ambunhi v. h. ganesh bhandary ..... appoint an arbitrator within 30 days after receipt of a notice of the appointment of its arbitrator by the other party, the chairman of the institution of engineers (india) was empowered to appoint an arbitrator. upon the failure of the petitioner to comply with the requirement of nominating its own .....
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