Court : Mumbai
Reported in : 2005(3)ALLMR143; 2005(4)BomCR117; 2005(4)MhLj375
..... ruling party in the house and that candidate belonging to bjp cannot be recognized as leader of opposition. it is further contention that indian national congress (i) having secured 15 seats in the house, being the largest party in opposition, a candidate from that party could have been nominated as leader of opposition ..... was aghadi or yuti, prior to the election. he submitted that reference to the provisions of the maharashtra local authorities members' disqualification act, 1987 (for short 'disqualification act') and the rules framed thereunder, wherein it was incumbent on the parties or aghadis to get themselves registered by submitting information to the ..... requires the formation of group. similarly, for the purposes of front also, formation of group is required. however, under the maharashtra local authority members' disqualification act, 1987, this is not permissible. prior to the election forming of a party, aghadi, or front is permissible, however, after the elections the same is .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR265; 2003(1)BomCR740; 2003BomCR(Cri)251; (2002)3BOMLR50; II(2002)DMC315; 2002(3)MhLj602
..... name to prove 'talaq'.there is no proof of talaq, or itsregistration. registration of marriage anddivorce under the assam muslim marriages anddivorces registration act, 1935 isvoluntary, and unilateral. mereregistration of divorce (or marriage) evenif proved, will not render valid divorcewhich is otherwise invalid under muslim law ..... definitely declared thatwomen and men shall have similar rightsagainst each other.' 'where divorce for mutualincompatibility is allowed, there is dangerthat the parties might act hastily, thenrepent, and again wish to separate. toprevent such capricious action repeatedly, alimit is prescribed. two divorces (with areconciliation between) are ..... thisrelationship that god grants children.divorce terminates marital relationship andleads to several problems in the family.divorce in itself is, therefore, anundesirable act. however, it is also truethat if there is no temperamentalcompatibility between the parties, or theman feels that he cannot as husband fulfilthe .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)IILLJ459Bom
..... by all the employees of the engineering and maintenance department (paragraph 16 of the affidavit dated 1-9-1981.)5. hanger area is always under the security guards, and no additional measures are called for (paragraph 16 of the affidavit dated 1-9-1981).6. other allegations not referred to in the ' ..... stage in life. but, incidents like these expose the glaring deficiencies in the administration capable of having far reaching implications to the public and the nation. this puts the previous lapses, if any, detected earlier, into different perspective and damnation altogether. the gravity and seriousness and far-reaching implications of ..... regulation is thus claimed to be suffering from excessive delegation secondly, it is argued that regulation 44 contemplates inflicting punishment on the employees for any act or omission amounting to misconduct after the guilt is established on following the procedure prescribed therefor. as against that, regulation 48 contemplated terminating the services .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17
..... .9. coming now to the decisions of the supreme court of america, in selzman v. united state (1924) 268 u. s. r. 466 section 4, national prohibition act, which forbade the sale of denatured alcohol for beverage purposes or under circumstances from which the seller may reasonably infer the intention of the purchaser to use it as ..... the laws,' undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection and security should be given to all under like circumstances in the enjoyment of their persona! and civil rights; that all persons should be equally entitled to pursue happiness ..... or the equal protection of the laws within the territory of india. the following article 15 deals with discrimination, and it refers only to citizens, and the discrimination guarded against is on grounds only of religion, race, oaate, sex, place of birth or any of them. on the other hand, article 14 gives the protection of .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR12; (1998)1BOMLR547; 1998(2)MhLj634
..... others . this was a case where ram narayan gupta was detained under the order dated 7th april, 1972 passed under section 3(2) of the maintenance of internal security act, 1971. he was arrested on 13th april, 1972. on 23rd may; 1992 he obtained a rule from the calcutta high court under section 491 of the 1898 code ..... must have the quality of newness, or the feature of having become newly available and obtainable. this has been said with reference to the provisions of the national insurance (industrial injuries) act, 1946. 'fresh evidence' must mean 'fresh' in relation to whatever were the immediately preceding relevant proceedings.' a decision of the high court in the sense ..... facet of the contention or additional argument qua a particular contention is available to urge in the second petition.43. we agree that the courts must jealously guard the liberty of the citizen and it is the duty of the court to protect such liberty and safeguard it from being encroached upon or trampled down either .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... petitioner that the respondent no. 5 that misused the executive has powers and authority for the purpose of securing benefits for his near relatives viz., his son and two sons-in-law and while doing so, mandatory provisions of the act have been flouted.'it is further averred in the same paragraph :'it is the claim of the petitioner ..... the builder and use it for any public purpose. however, the learned counsel, stated that he had no such instructions from the state. the argument of waste of national estates is met by the equally powerful argument of the petitioners that taking strict action in such cases would be proper and just and not taking action against dishonest ..... activity would destroy the moral fibre of society, which is a national asset of greater value.219. we are not inclined to accept the argument of mr. manohar that there is any principal of estoppel as laid down in express .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)321
..... the court further observed that it was not possible to agree with the contention of the counsel for the state government that section 10 of the national security act only envisaged one representation of the detenu 'being placed before the advisory board within the time schedule prescribed by it. it was then observed that a supplementary ..... district jail, agra a division bench of the allahabad high court was called upon to consider similar question in respect of order of detention made under the national security act of 1980. in para 27 of the judgment at page 1008 of the report the high court observed to the effect that the language of section 10 of the ..... national security act did not deprive the detenu from making a representation subsequent to the reference made by the state government to the advisory board. in para 28of the judgment .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR809; 2005(2)BomCR625
..... such procedure has not been followed. it is thus apparent that in view of the provisions of section 46(2), the change, viz. introduction of security guards through security agency is an illegal change. on account of this basic unilateral and illegal change effected by petitioners, the petitioners were later on attempting to force ..... of contractor by the petitioner. hence, the basic reason for all this was the introduction of security guards on contract basis by petitioners. in such circumstances, the provisions of schedule-iii, item-2 of bir act, were also not applicable. the learned labour court has correctly resorted to provisions of schedule-ii, ..... national textile corporation (sm)ltd. : (2004)iiillj728bom ; philips india ltd. v. h.h. surana : (2002)ivllj937bom and indian sailors home society v. s.d. pathare : 2004(5)bomcr358 , in support of his contentions.9. the arguments of parties make it clear that there is no dispute that present respondent no. 3 was working as security guard .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom299
..... covered by clauses (a) to (g) of explanation to section 7. it is true, as submitted by mr. dada, that a court would be zealous in guarding its own jurisdiction. undoubtedly, this court is the superior court and its jurisdiction cannot be lightly tinkered with. however, times have changed. new dimensions of public interest and ..... that the family courts have been established in the public interest. the preamble of the act makes it clear that it is -'an act to provide for the establishment of the family courts with a view to promote conciliation in, and secure speedy settlement, of disputes relating to marriage and family affairs and for matters connected therewith'.the ..... for an indian female child where the application was made by a foreign national to be appointed guardian of the child. the division bench concluded that the jurisdiction of high court in such matters is lost after establishment of family courts by the act. the court examined clauses ii and 17 of the letters patent, 1865 .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR369
..... in force on account of parliamentary and assembly elections, sent the same for its recession under section 451 of the act to the government and also decided to call tenders for obtaining services of security guards. accordingly public notice of such tenders came to be published in local newspaper 'dainik janmadhyam' on 2-2-2005 ..... and mentally not fit for the job. in their presence antisocial elements destroyed the chamber and property of the corporation on 22-12-2004. the security guards also gave the electric supply to residents from corporation electric meter. he contended that both the courts below overlooked the character and nature of personality of ..... v. messers new king enterprises, the division bench of allahabad high court has considered these provisions and held that the contract taken by appellant from national thermal power corporation for raising a microwave tower could not have been specifically enforced. the appellant invited tender for foundation work of tower and tender of .....
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