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
..... 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
..... 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
..... 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
..... 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 .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the learned single judge. i, therefore, hold in line with the said reasoning and confirm the finding recorded. in addition, mr. atrey invited my attention to the amended para 2(a), 2(b) and 12(a) to 12(d) of the petition so also rules and bye-laws of the i.c.a.r. he also referred ..... court in physical research laboratory v. k.g. sharma reported in : (1997) iillj 625 sc. physical research laboratory was a trust registered under the bombay public trusts act and was financed by the department of space, government of india. after considering the question as to what is industry as discussed in bangalore water supply and sewerage board v ..... 4. mr. atrey, learned counsel for the petitioners, further contended that the said judgment was put to challenge in letters patent appeal no.464/2009 decided on 23.11.2010. however, he submitted that in the said letters patent appeal, the point about petitioner not being an industry was not raised and, therefore, there was no occasion for the appellate .....
Tag this Judgment!Court : Mumbai Nagpur
..... is, therefore, apparent that the management had an opportunity even at that occasion to amend its reply suitably and place on record the material to justify its action of not only appointing the respondent no.3 on temporary basis, but also that ..... tribunal is decided to decide the matter afresh in the light of different judgments pressed into service before this court. hence, we partly allow the instant letters patent appeal. all adverse observations/findings against the present appellants are set aside. the school tribunal to consider the entire challenge afresh in accordance with law.? it ..... 1997 preferred by the respondent no.3 before the school tribunal under section 9 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (meps act?). 4. the school tribunal has accepted the contention of the respondent no.3 that his appointment was made in the manner prescribed for filling in .....
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
..... 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
..... in view of the fact that relevant subsequent event is intended to be brought on record, application is allowed. office to register the application. petitioner to carry out amendment forthwith. 2. wp no. 396 of 2014 : rule. heard forthwith by consent of parties. 3. this petition involves a short but important question of law viz. ..... the superintendent of police, washim, clause 5 of the appointment order also could not have been pressed into service. the order of termination thus appears to be patently illegal. 23. it is further transpired that though a show-cause notice was issued to the petitioner before terminating his services and though petitioner has submitted his ..... were pending against him. on 13.8.2012 petitioner was relieved from his service. on 16.8.2012 petitioner preferred oa under section 19 of the administrative tribunals act, 1985 before the tribunal. oa so filed by the petitioner was dismissed on 27.8.2012. aggrieved thereby, the petitioner has filed the present writ petition. .....
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