Court : Mumbai Nagpur
..... teaching faculty as per norms laid down by the council and the final batch of students take the final year examinations. the relevant provisions of dentists (amendment) act, 1993, relevant regulations and events 8. the petitioner, pursuant to the due permission from the competent authority, started under graduation course of bachelor of ..... . bank ltd., branch jaistambh chowk, amravati, maharashtra, and to convey the formal permission of the central government under section 10a (4) of the dentists (amendment) act, 1993 to vidarbha youth welfare society's dental college and hospital, amravati, maharashtra, for starting of mds course in the specialities of (i) picsthodontics and ..... renewal permission from the central government. 3. admissions made in violation of the above stipulations will attract the provisions of section 10b of the dentists (amendment) act, 1993. as a result, second batch also got admitted and the students started prosecuting their studies in m.d.s. course. 10. the dci .....
Tag this Judgment!Court : Mumbai Nagpur
..... in section 2(ii) is very significant. prior to 1982, said section only employed words industrial establishment and proceeded to define it. in 1982, the amendment act 38/1982 added words or other and since then said section defines industrial or other establishments . he further submits that though these words are added to ..... reproduced above to urge that disjunctive interpretation of clause (f) militates with 1982 amendment to section 2(ii) and its object. he, therefore, prays for allowing the letters patent appeal. 15. provision of section 2(e) of industrial employment (standing orders) act, 1946 defines industrial establishment to mean an industrial establishment as defined in clause ..... of 2006. the learned single judge has dismissed the petition filed by the present appellant and upheld the order of the industrial court dated 17.12.2005 in complaint (ulpn) no. 574 of 2002. the industrial court has found that the appellant-market committee has to pay subsistence allowance in accordance with .....
Tag this Judgment!Court : Mumbai Nagpur
..... india & ors. reported in (1997) 3 scc 261 and therefore abridgement by a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article 227 ..... have to be held that the learned single judge exercised the power to issue writ of certiorari while quashing the judgment of the district judge. consequently the letters patent appeal will have to be held as maintainable. he relied on the decision in oriental insurance co. ltd. v. meena variyal (2007) 5 scc 428.( ..... on the aforesaid decision of supreme court, we have heard both the learned counsel for the parties on the said preliminary objection regarding maintainability of the letters patent appeal.3. in support of the preliminary objection, counsel for the respondents made the following submissions(i) the subject matter of the writ petition before the .....
Tag this Judgment!Court : Mumbai Nagpur
..... state government to collect toll either by itself or through its authorized agents. 8. section 20 of the motor vehicles tax act suffered another amendment in the year 1991 by amendment act 29 of 1991. by the said amendment, provision was made so as to enable the state government to recover the expenditure incurred on the said work which was ..... the judgment considering an un-amended provision of section 20 of the motor vehicle tax act, 1958. section 20 came to be amended from time to time. one of such amendment was by amendment act 15/1987. the object and reasons of the said act provided that the state considered it expedient to amend section 20 of the act so as to suitably ..... rule as necessary now, as it was when lord coke reported 'heydon's case (v) . in 'eastman photographic material co. vs. comptroller general of patents, designs and trade marks' 1898 act 571 at p.576 (x) earl of halsbury reaffirmed the rule as follows : my lords, it appears to me that to construe the statute in question, .....
Tag this Judgment!Court : Mumbai Nagpur
..... criminal procedure needless to say that the summary trial as preferred mode of trial in the matters related to negotiable instruments was inserted by the amendment act, 2002 only w.e.f. 6th february, 2003. 35 and 36 ... 37. but where even in a case that can be ..... were done by jt. c.j.(j.d.) and j.m.f.c., veraval. the magistrate was transferred on 24.02.2005 and was replaced by j.m.f.c., veraval who heard the case for 14 more times and delivered judgment on 15th hearing i. ..... judicial magistrate first class, court no.1, amravati ordering de novo trial for an offence punishable under section 138 of the negotiable instruments act. in support of the petition, learned counsel for the petitioner invited my attention to the evidence, that was recorded before the trial judge ..... e. on 12.09.2005. thus by any stretch of imagination, the trial which extended over five years and was decided in over 82 hearings with .....
Tag this Judgment!Court : Mumbai Nagpur
..... action can be sustained under the admiralty jurisdiction. therefore, contention that suit is not maintainable on the ground that the permission under clause 12 of the amended letters patent of this court was not applied for has to be rejected. we then come to the other part of the argument namely whether the suit against ..... sufficient and plausible evidence through the testimony of dipak kumar saigal to substantiate its contention that coa dated 3/10/2011 was a concluded contract and was acted upon by the parties. the correspondence which is placed on record by the respondent and also by the appellant sufficiently demonstrate that the contract dated 3/ ..... the parties can disown said laws and opt for neutral law. the learned counsel submitted that the trial court failed in appreciating the provisions of the contract act in proper spirit and perspective and also could not appreciate the correspondence which had taken place between the appellant and the respondent. the learned counsel submitted .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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 ..... 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 ..... 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 .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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 ..... 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 ..... 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 .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned single judge has recorded categorical findings with reasons which are inconsonance with the law and need no interference. they, therefore, prayed for dismissal of the letters patent appeals. 4. we have gone through the impugned judgment and order passed by the learned single judge. we have seen the pleadings and the documents on record. we ..... judgment and order dated 25.6.2012 in writ petition nos.2490/2012 and 2491/2012, passed by the learned single judge, is under challenge in these two letters patent appeals. 2. in support of the appeal, learned counsel for the appellant in both the appeals made the following submissions. (a) the members of the managing committee ..... or thereafter when section 73-id was amended to delete the words entitled 'to sit'. the only words entitled 'to vote' in clause 1 of section 73-id of the act of 1960 stood retained. the learned counsel, therefore, argued that the representatives do not have any right to sit as well since they are not the members .....
Tag this Judgment!Court : Mumbai Nagpur
..... which judges function in bombay. all that happens is that the chief justice, under the powers given to him under the letters patent distributes the work to various judges and various divisional benches, and acting under that power he distributes certain work to the judges sitting at nagpur." he then continued: "all that rule 254 does is ..... we turn to the practical aspect, and let us consider whether this rule inconveniences the people at nagpur. if it does, it would certain call for an amendment of that rule. now, there is particular reason why all income tax references should be heard in bombay and that reason is this. the high court of ..... abridge the jurisdiction, the said two provisions need to be looked at in their proper perspective. the said two provisions namely, section 41 of the bombay reorganisation act, 1960 (act no.11 of 1960) and the provisions of chapter xxxi of the bombay high court appellate side rules, 1960 are designed to meet administrative requirements, and administrative .....
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