Court : Mumbai
Decided on : May-04-2012
..... except removing the area restriction. thus mahadeo koli, a scheduled tribe continued to be a scheduled tribe even after independence. the presidential notification 1950 also does recognise by public notification of their status as scheduled tribes. the assumption of the division bench of the bombay high court in subhash ganpatrao kabade's case, that mahadeo koli was recognised ..... derive the said benefit. these directions were necessary as the benefits of the reservation extended to the members of the backward class were limited, such as reservations in public offices and posts, education etc. if a person fraudulently obtains a validity certificate then he would not only avail the benefit he is not entitled to, but also ..... category for verification of the caste certificate and to perform the function of scrutiny committee under this act. section 6(1) which deals with the establishment of the scrutiny committee, reads thus: 6(1) the government shall constitute by notification in the official gazette, one or more scrutiny committees for verification of caste certificates issued by the competent authorities under ..... an investigating wing of the committee. the core functioning of the scrutiny committee in verification of the caste certificates is the investigation carried on by the vigilance cell. 39. thus even if the state government enacts a procedure to replace the directions contained in madhuripatilscase, the procedure cannot dispense with the core requirement of obtaining vigilance .....
Tag this Judgment!Court : Mumbai
Decided on : May-11-2012
..... level with active participation record in devising /designing, developing, planning, executing, analyzing, quality control, innovating, training, technical books / research paper publications / ipr / patents, etc. as deemed fit by the expert members of the selection committee. flair for management and leadership is essential. in case of architecture, ..... all financial estimates and budgetary appropriations and for providing social feedback to the university on current and future academic programmes. section 89 of the act of 1994, in particular sub-sections (2) and (3) thereof, is useful. the same reads thus:- 89(2) the autonomous university department ..... committee before the discussion. accordingly, after the advertisement in question was published on 29th march, 2012 in the newspapers and on the official website of the institute on 20th march, 2012, the selection committee received in all 20 applications. keeping in mind the purport of ..... or proportion therefore. onemark each for one m.tech student guided. onemark each for one consultancy project. twomarks for one publication in a reputed refereed journal. onemark each for one year completion as professor. 10 marks for 3 sponsored r and d project or proportion thereof. ..... the recent guidelines of aicte. accordingly, there is no merit in the challenge to the g.r. dated 1st march, 2008. 39. the second additional relief claimed in the draft amendment is to declare that the manner and mode of selection and appointment of director .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-12-2012
..... section 391-394 of the companies act, 1956, only the regional director and official ..... of the shareholders and public. even the regional director ..... infringement of trademark or patent filed against the transferee ..... be dissolved. neither the official liquidator, nor the auditors ..... the scheme. the official liquidator has filed his ..... provisions of the wealth tax act, does not apply in ..... under the wealth tax act, but was wrongly done ..... with the submission that an act which is otherwise valid in ..... of the citizen to act in a manner according ..... or genuineness of the act; an inference which unfortunately ..... 10,000/- to the official liquidator, high court, bombay. ..... of section 293(1)(a) of the companies act, ..... scheme under section 391-394 of the companies act, 1956. ..... proceedings under section 391 394 of the companies act, 1956. ..... sections 391 to 394 read with sections 80, 100 to 103 of the companies act ..... 391-394 of the companies act ..... liquidator (in case company is being wound-up) apart from the shareholders and creditors, have locus standi to support or oppose the scheme. hence, i am of the firm view that the income tax department has no locus standi to intervene in the proceedings under section .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-12-2012
..... section 391-394 of the companies act, 1956, only the regional director and official ..... of the shareholders and public. even the regional director ..... infringement of trademark or patent filed against the transferee ..... be dissolved. neither the official liquidator, nor the auditors ..... the scheme. the official liquidator has filed his ..... provisions of the wealth tax act, does not apply in ..... under the wealth tax act, but was wrongly done ..... with the submission that an act which is otherwise valid ..... of the citizen to act in a manner according ..... or genuineness of the act; an inference which unfortunately ..... 10,000/- to the official liquidator, high court, bombay. ..... of section 293(1)(a) of the companies act, ..... scheme under section 391-394 of the companies act, 1956. ..... proceedings under section 391 394 of the companies act, 1956. ..... sections 391 to 394 read with sections 80, 100 to 103 of the companies act ..... 391-394 of the companies act ..... liquidator (in case company is being wound-up) apart from the shareholders and creditors, have locus standi to support or oppose the scheme. hence, i am of the firm view that the income tax department has no locus standi to intervene in the proceedings under section .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Aug-13-2012
..... for the purpose of development, social and economic. it is creating more and more a new category of rights in favour of large sections of people and imposing a new category of duties on the state and the public officials with a view to reaching social justice to the common man. individual rights and duties are giving place to meta-individual, collective, social ..... arise out of the common judgment and order, therefore, they were heard together and can be disposed of by common judgment. 2 these appeals under clause 15 of the letters patent are directed against the judgment and order dated 27.06.2012 of the learned single judge in writ petition no.3440/2011. that writ petition was filed by the respondent ..... appellant. 5 aggrieved and dissatisfied with the orders of the commissioner and the collector, the revision application was preferred invoking revisional jurisdiction of the state government under the bombay prohibition act, 1949. even before the revisional authority, the collector through the superintendent, state excise submitted his say which referred to the adverse reports of the police department and the complaints of ..... ours, where the pre-independence legislative package has to be adapted to the vital spirit of the constitution, may demand that new wine be poured into old bottles, language permitting. ...... 39 therefore, it is not unreasonable to expect that the state does not depart from its avowed policy of prohibiting indiscriminate sale and consumption of liquor. the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Aug-13-2012
..... for the purpose of development, social and economic. it is creating more and more a new category of rights in favour of large sections of people and imposing a new category of duties on the state and the public officials with a view to reaching social justice to the common man. individual rights and duties are giving place to meta-individual, collective, social ..... arise out of the common judgment and order, therefore, they were heard together and can be disposed of by common judgment. 2 these appeals under clause 15 of the letters patent are directed against the judgment and order dated 27.06.2012 of the learned single judge in writ petition no.3440/2011. that writ petition was filed by the respondent ..... appellant. 5 aggrieved and dissatisfied with the orders of the commissioner and the collector, the revision application was preferred invoking revisional jurisdiction of the state government under the bombay prohibition act, 1949. even before the revisional authority, the collector through the superintendent, state excise submitted his say which referred to the adverse reports of the police department and the complaints of ..... ours, where the pre-independence legislative package has to be adapted to the vital spirit of the constitution, may demand that new wine be poured into old bottles, language permitting. ...... 39 therefore, it is not unreasonable to expect that the state does not depart from its avowed policy of prohibiting indiscriminate sale and consumption of liquor. the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-24-2012
..... dispose of this summary suit. 9. admittedly the defendant had drawn bill of exchange and the same was discounted with the plaintiff'. in view of section 30 of negotiable instrument act, the defendant is jointly and severally liable to pay on presentation of the bill of exchange with the acceptor. bill was presented to the defendant which ..... by the defendant to m/s.biotor within the territorial jurisdiction of gujarat. it is submitted that the plaintiff' has obtained leave under clause 12 of the letters patent by suppressing some of these facts. (b) the payment received by the defendant on discounting the bill of exchange was towards the goods supplied to m/s ..... discounted. the defendant has failed to pay, upon the presentation of the said bill of exchange on due date. the reliance is placed on section 30 of the negotiable instrument act which provides that the drawer of a bill of exchange or cheque is bound, in case of dishonour by the drawee or acceptor thereof, to ..... /s. biotor and thereafter would be discounted with the plaintiff. accordingly plaintiff drew the bill of exchange on 23rd march, 2009 in the sum of rs.3,39,852/. the said bill of exchange was accepted by m/s. biotor. it is not in dispute that the said bill of exchange was thereafter discounted by ..... oral judgment: by this summons for judgment, the plaintiff seeks to recover a sum of rs.3,39,852/- with interest. the suit is based on bill of exchange drawn by the defendant and is dishonoured on presentation. 2. the plaintiff had .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-24-2012
..... dispose of this summary suit. 9. admittedly the defendant had drawn bill of exchange and the same was discounted with the plaintiff'. in view of section 30 of negotiable instrument act, the defendant is jointly and severally liable to pay on presentation of the bill of exchange with the acceptor. bill was presented to the defendant which ..... by the defendant to m/s.biotor within the territorial jurisdiction of gujarat. it is submitted that the plaintiff' has obtained leave under clause 12 of the letters patent by suppressing some of these facts. (b) the payment received by the defendant on discounting the bill of exchange was towards the goods supplied to m/s ..... discounted. the defendant has failed to pay, upon the presentation of the said bill of exchange on due date. the reliance is placed on section 30 of the negotiable instrument act which provides that the drawer of a bill of exchange or cheque is bound, in case of dishonour by the drawee or acceptor thereof, to ..... /s. biotor and thereafter would be discounted with the plaintiff. accordingly plaintiff drew the bill of exchange on 23rd march, 2009 in the sum of rs.3,39,852/. the said bill of exchange was accepted by m/s. biotor. it is not in dispute that the said bill of exchange was thereafter discounted by ..... oral judgment: by this summons for judgment, the plaintiff seeks to recover a sum of rs.3,39,852/- with interest. the suit is based on bill of exchange drawn by the defendant and is dishonoured on presentation. 2. the plaintiff had .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-30-2012
..... , etc. of intoxicant the state has not ignored but rather upheld public interest and has given due place for public sentiments and grievances (see section 11a, which has been introduced by amendment to the act in 1997). section 12 provides for prohibition of manufacture of liquor and construction and working of distillery or brewery. section 13 prohibits sale of liquor and enacts absolute provision, namely, no ..... . the minister has ignored the fact that the resolution was passed at a gram sabha which was duly convened by a statutory authority. the block development officer and all concerned officials of the village were present. equally at the sabha, representative of the liquor vendor was present. none of them protested either with regard to the manner in which list of ..... me the drink question is one of dealing with a growing social evil against which the state is bound to provide whilst it has got the opportunity. the aim is patent. we want to wean the labouring population and the harijans from the curse. it is a gigantic problem, and the best resources of all social workers, especially women, will be ..... ours, where the pre-independence legislative package has to be adapted to the vital spirit of the constitution, may demand that new wine be poured into old bottles, language permitting. ...... 39 therefore, it is not unreasonable to expect that the state does not depart from its avowed policy of prohibiting indiscriminate sale and consumption of liquor. the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-16-2012
..... its office at new delhi. the work has to be executed under the said contract at chennai. the said agreement indicates that the respondent is a public limited company having its registered office at m-22/3, r.t. vijay nagar colony, hyderabad and having its regional office at no. 30- ..... reliefs at mumbai and can claim only at chennai, the application for interim measures cannot be filed in this court. in view of section 42 of the arbitration act, 1996, if this application is entertained in this court which does not have jurisdiction, all subsequent proceedings shall also have to be ..... respondent has raised a preliminary objection about territorial jurisdiction of this court to entertain, try and dispose of the present petition filed under section 9 of the act in its affidavit in reply. this court has thus directed both the parties to address this court on the preliminary objection raised by ..... shall be final, conclusive and is binding on the parties to this contract. the arbitration shall be conducted in accordance with the arbitration and conciliation act, 1996. the venue of arbitration shall be chennai, india. the fees and other expenses to be paid to the arbitrator shall be borne by ..... reads as under: 39.under clause 12 of the letters patent, the bombay high court would have jurisdiction to entertain and try an arbitration petition even if no cause of action has arisen within its jurisdiction, provided the respondent has an office at mumbai. 49. the principles of section 20 cannot be .....
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