Court : Mumbai Nagpur
..... sustained on facts, we do not feel it necessary to advert to the submission as to whether on account of the amendment by act no.16 of 1990 to section 45(2) of the ceiling act, the commissioner could have initiated the suo motu revisional proceeding. 14. we find that the impugned judgment of the learned ..... petition no.2074/1991, which has been dismissed by the learned single judge on 6.2.2004. that is how the petitioner is before us in this letters patent appeal. 5. we have heard shri bhuibhar, the learned counsel for the petitioner and the learned assistant government pleader for the respondents - state. with the assistance ..... and order passed by the learned single judge on 6.2.2004 cannot be sustained and are accordingly quashed and set aside. the letters patent appeal is allowed with no order as to costs. ..... oral judgment: (c.v. bhadang, j.) 1. this letters patent appeal is directed against the judgment and order dated 6.2.2004 passed by the learned single judge of this court in writ petition .....
Tag this Judgment!Court : Mumbai Nagpur
..... accordingly and that is why we have recorded our independent findings of facts and evidence. it is true that after amendment of 1977 to the code of civil procedure by virtue of the provision of section 141 of the code of ..... by the learned counsel for both parties. 36. exercise of jurisdiction by the learned single judge and the present letters patent appeals and reliefs: the university and the college tribunal recorded the following findings in respect of anil gaikwad and diwakar ..... b) 2004 (9) supreme court cases 747 (icici ltd....versus...ahmedabad manufacturing and calico printing co. ltd. and another). (c) 2005 (12) supreme court cases 219 (pradeep kumar...versus...union of india and others). (d) 2007 (4) supreme court cases 241 ( ..... the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the .....
Tag this Judgment!Court : Mumbai Nagpur
..... accordingly and that is why we have recorded our independent findings of facts and evidence. it is true that after amendment of 1977 to the code of civil procedure by virtue of the provision of section 141 of the code of ..... by the learned counsel for both parties. 36. exercise of jurisdiction by the learned single judge and the present letters patent appeals and reliefs: the university and the college tribunal recorded the following findings in respect of anil gaikwad and diwakar ..... b) 2004 (9) supreme court cases 747 (icici ltd....versus...ahmedabad manufacturing and calico printing co. ltd. and another). (c) 2005 (12) supreme court cases 219 (pradeep kumar...versus...union of india and others). (d) 2007 (4) supreme court cases 241 ( ..... the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the .....
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
..... 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
..... person aggrieved. finding reached is, said petitioner lacked locus and hence, petition has been dismissed without going into the merits of the controversy. 6. letters patent appeal no. 227/2012 is also listed in group before us. it arises out of writ petition no.3933/2011, and petitioner mohan there had ..... impact of restoration of licence and hence, grievance of appellant/petitioner needs to be examined on merits. reliance is also being placed upon the judgment reported at 2005 (2) mh.l.j. 900 (sai chalchitra .vrs. commissioner, merut mandal and others), for said purpose. learned counsel points out that in present facts ..... cancelled by the municipal council later on. the collector, in exercise of powers under section 308 of the maharashtra municipal council, nagar panchayats and industrial township act, 1965 suspended that resolution. the regional director (higher authority) held that no objection certificate was granted without considering the report of the committee constituted for .....
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..... evidence, has dismissed the revision. 5. being aggrieved thereby, the respondents have approached this court by way of writ petition no.4413 of 2005. the learned single judge of this court has held that the respondent (the present appellant) had not worked for 240 days and hence ..... appreciate the same. the scope of interference under section 44 of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 is also limited as has been held in the catena of the judgment. the scope of interference in a petition under ..... and his services were terminated by the respondents without following the mandatory provisions of section 25f, 25g and 25h of the industrial disputes act, 1947. the learned labour court, on the basis of the evidence that was led before it, allowed the complaint by judgment and ..... oral judgment: (b.r. gavai, j.) rule. rule made returnable forthwith. the letters patent appeal is heard finally with the consent of the learned counsel of the parties. 2. .....
Tag this Judgment!Court : Mumbai Nagpur
..... directions by the vice chancellor would regulate the procedure. by letter dated 24/2/2005, the appellant university had brought to the notice of the government the necessity to amend subsection (3) of section 61 of the act. the government had replied on 13/4/2005 that the necessary amendment would be carried out in due course. the learned counsel submitted that till that ..... , it would have to be held that the requirement as to quorum was not fulfilled in the meeting dated 7/7/2007. 18. consequently, we allow the letters patent appeal and set aside the judgment dated 16/8/2011 of the learned single judge and dismiss the writ petition of respondent no.1. no order as to costs. ..... for the original petitioner prays that this judgment may be kept in abeyance for six weeks since the original petitioner had been promoted provisionally subject to this letters patent appeal and he is holding the said post since one and half years. let this judgment be kept in abeyance for a period of four weeks.
Tag this Judgment!Court : Mumbai Nagpur
..... submits that all the questions, which are raised by the appellants, can be gone into by the learned arbitrator under section 16 of the said act. the learned counsel, therefore, submits that the letters patent appeal deserves to be dismissed. 7. shri jagtap, who appear for respondents 2 and 3, also submits that the suit itself was not maintainable ..... the firm. as already stated since the suit has been filed for declaration to declare that the revision petitioner is not a partner with effect from 18.11.2005, and for consequential injunction restraining the petitioner from disturbing the smooth functioning of the first respondent firm, the issue relates to the causes which compelled the respondents to ..... is prior to the judgment of the constitution bench of the apex court in case of sbp and co. v/s. patel engineering limited and another reported in (2005) 8 scc 618. in case of s.b.p. company, the apex court was considering the correctness of the view taken by the constitution bench of the apex .....
Tag this Judgment!Court : Mumbai Nagpur
..... 12.2000. thus, the appellant had suffered incarceration for about one year and four months, before his release. 29. in bankat and another .vs. state of maharashtra, 2005 cri.l.j. 646, the honble apex court, in view of the fact that 10 years had elapsed from the date of incident and taking a note of the ..... . even in the case of manik gawali .vs. state of maharashtra (supra), this court had enumerated various circumstances in para 54 which prompted the court not to act upon the dying declaration. the dying declaration which was the only evidence worthy to be considered for basing conviction was held to be not proved. 21. the learned ..... as regards dying declaration does not inspire confidence. the learned counsel has, thereafter, submitted that the circumstances as to abscondance of the appellant, also could not have been acted upon, as abscondance by itself, cannot be said to be an incriminating circumstance. the learned counsel would submit that at times, even innocent persons may take to .....
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