Court : Mumbai
Reported in : 2006(4)MhLj429
..... circumstances on which the satisfaction of the president or the governor is based and if it finds that the said circumstances have no bearing on the security of the state the court can hold that the satisfaction of the president or the governor which is required for passing such an order has been ..... made against respondent advocate by chief judicial magistrate, aurangabad. summary criminal case was filed against said advocate by one person under section 138 of negotiable instruments act and said magistrate convicted him. criminal appeal filed by said advocate was pending. he filed criminal complaint against said chief judicial magistrate and it was dismissed ..... by respondents/original defendants in application for review filed before lower court scandalizes that court and constitutes criminal contempt of defined in section 2(c) of 1971 act.2. present petitioner col. mahendra pratap choudhary has filed special civil suit no. 400/2002 in the court of civil judge senior division, nagpur for .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR293; (1995)97BOMLR897
..... sarkar v. maharajadhiraj sir bejoy chand mohatap bahadur, a.i.r. 1922 cal 4 the division bench of the high court of calcutta observed that the land acquisition act created a special jurisdiction and it provided a civil remedy and the claimant could not file a separate suit for recovery of possession and the only remedy available to ..... available to laxmibai was to seek apportionment in respect of the compensation amount by making the necessary application under section 18 or under section 30 of the land acquisition act no. 1 of 1894 .the defendant no. 1 also raised certain other issues in the written statement which do not appear to be germane at this stage of ..... already come into force with effect from 20th december, 1956.28. section 6 of the hindu succession act, 1956 was therefore, attracted on death of devram. devram's share in the ancestral properties is deemed to have been separated by national partition on death of devram in view of devram having left his widow. it is well settled that .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR665; (1992)94BOMLR30
..... & ind 89, the allahabad high court was required to consider a case where the plaintiffs were appointed as rakshaks under the railway protection force act, 1957 by an assistant security officer. the court said that it would be immaterial for the application of article 311 of the constitution whether the power to appoint the plaintiffs ..... stored. kailash meena and ramchandra mourya were, at the material time, assigned the duty of guarding the coaches in kachra siding. mahalaxmi yard is surrounded by high walls and wire fencing on all sides. the entrance to mahalaxmi yard is only through the ..... at the material time, these petitioners were working as rakshaks with the western railway. 2. dayashankar singh was at the material time, assigned the duty of guarding mahalaxmi yard which is a property belonging to the western railway. mahalaxmi yard adjoins a siding known as kachra siding where railway coaches which are scrapped are .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR154
..... bigotries are not so molested by ribald writings or offensive publications as to provoke or outrage groups into possible violent action. essentially good government necessitates peace and security and whoever violates by bombs or books social tranquility will become target of legal interdict by the state.'52. the supreme court acknowledged that a drastic restriction ..... and 'da vinci code' and films like 'jodha akbar', 'war and peace' and 'chand bujh gaya' where the high court and the supreme court have zealously guarded freedom of speech and expression of people by not approving bans on those books or films. according to mr. khandelwal, in the present case, the ban has not ..... have indulged in acts of violence. because of such instances the entire muslim community cannot be branded as terrorists. the author could not have painted the entire muslim community with the same brush. the author has insulted a large section of indian muslims who are part of the mainstream of the nation's life and .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118
..... unions is to be avoided for industrial harmony and peace and in the national interest and that the bombay act and the mrtu and pulp act have to be read together as they complement each other, then the words 'union recognized under the bombay act' found in section 73bb will have to be understood as union registered ..... workers' representatives who will be on the committee as contemplated by section 73bb have to obviously guard the interest of the workers/employees to the extent section 77bb permits them to do so. the bombay act and the mrtu & pulp act are enacted to protect workers/employers' interest. unions are the protectors of workers and that ..... the state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments and other organizations engaged in any industry.' 27. chapter vii of the mcs act provides for management of societies. section 73 thereof states that management of every society shall .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom406; 1997(4)ALLMR223; 1997(3)BomCR354; (1997)2BOMLR504
..... art. 38 is enjoined to strive to promot the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political shall inform all the institutions of the national life and to minimise the inequalities in income and endeavour to eliminate inequalities in ..... in holding that the several conditions imposed by the two governments in their respective orders relating to regularization are arbitrary not valid and justified--the high court acted rather hastily in directing wholesome regularization of all such persons who have put in one year's service, and that too unconditionally.' 33. dr. ..... be inconsistent with section 504's basic purpose to ensure that handicapped individuals are not denied jobs because of the prejudice or ignorance of others.the act replaces such fearful, reflexive reactions with action based on reasoned and medically sound judgment as to whether contagious handicapped persons are 'otherwise qualified' to do .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR437
..... standards set forth in schedule v. at the hearing , mr. desai flourishes the third edition of a publication titled 'national formulary of india'. conformity to this formulary is not a prescription of the drugs act, drug rules or the dpco. the union of india cannot make use of standards other than those set up by the ..... ocean, sea and a bay. with a view to discipline the industry, there are no the statute book, amongst other enactments, 1. the drugs and cosmetics act, 1940 (drugs act), 2. the drugs nd cosmetics rules, 1945 (drug rules,) and 3. dpco this last begin subordinate legislation promulgated by the central government vide the powers conferred ..... problem in diverse ways. on such method is the framing and implementation of laws. the parent legislation designed to attain this object is the essential commodities act, 1955 (ec act). medicinal products, also known as drugs, are essential to the prevention and curing of ailments that afflict the human race. systems of medicine recognised s .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... section 29(1)(b) for purchase of shares by him. non-resident indians are, however, permitted to invest freely in securities of central and state governments, units of unit trust of india and national savings/plan certificates of government of india (see paragraph 24 b. 2). all other investments require specific permission of reserve bank ..... duty of the corporation to carry on life insurance business, whether in or outside india, and the corporation shall so exercise its powers under the this act as to secure that life insurance business is developed to the best advantage of the community. (2) without prejudice to the generality of the provisions contained in sub-section ..... empowered to invest the trust funds. in fact, if they do not immediately invest, they are liable to be prosecuted under s. 66 of that act. any such act of investment obviously cannot be void for failure to obtain prior permission of the charity commissioner.91. the learned attorney-general urged that where an enactment .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom123; 1990(1)BomCR1; (1989)91BOMLR361
..... had agreed to deliver goods to defendant no. 2 and defendant no. 2 paid certain amount to the plaintiff. the plaintiff through their bankers executed bank guarantee as security. on the plaintiffs failure to supply goods defendant no. 2, demanded the amount from the bankers whereupon the plaintiff sued for declaration that defendant no. 2 had ..... par with the one recorded at the final hearing.4. 'yeh jo hai jindagi' is the title of popular t.v. serial which was displayed on the national net-work and which projects assorted events in life of a family, has landed itself in the whirlpool of this litigation so that even the producers and owners ..... wrong track whereas the rational basis lies sometimes also. shri bhabha, the learned counsel also contended that there is some indication relating to the provisions of copyright act in the plaint itself. thus for instance, the plaintiffs themselves have stated that they have entered into an agreement with m/s. esquire distributing and servicing private .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom29; (1961)63BOMLR20; ILR1960Bom994
..... ,27,025 votes, rajabhau khobragade secured 68,957 votes and haridas damaji awade secured 11,448 votes.4. consequent upon the declaration of the result of the election, a petition was presented under section 81 of the act on 18-3-1959 by the appellant baburao tatyaji bhonsale praying that the election of the respondent should be declared ..... grounds of caste, race, community or religion or the use of, or appeal to, religious symbols, or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.'the contention is based upon the last clause occurring in this sub-section, namely ..... in a subsequent case reported fin om prabha jain v. gian chand : air1959sc837 . that was also a case where the petition was dismissed for not depositing the security under section 117. but a contention was advanced in the form in which it is advanced before us that when a petition contains a charge of corrupt practice .....
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