Court : Mumbai
Decided on : Mar-14-1988
Reported in : AIR1989Bom111; (1988)90BOMLR219
..... time the legislature introduced statutorily a policy of reservation for the members of the scheduled castes and scheduled tribes in the act . by the amending act , s. 77c is inserted and s. 57(4) is amended s. 77c is inserted with the object of making a special provision for scheduled castes and scheduled tribes in service and ..... the advertisement which has resulted in setting at naught the reservation policy and depriving the members of the backward community of their legitimate rights. because of the patent illegality , the chancellor's action becomes inevitable and the only action that the chancellor could take under the provisions of s. 57(5) is to ..... the stage of selection. indeed, admitted the executive council after receipt of the recommendations of the selection committee did make reservation subject wise but this method is patently opposed to the scheme of s. 57(4) which has been explained above. the advertisement itself must be in respect of some identifiable posts. in other .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-1988
Reported in : AIR1989Bom359; 1989MhLJ124
..... parted with. at the same time they would stop all 'further proceedings..... for want of jurisdiction' . the practice cannot now prevail, after the original side rules stood amended.8. as rightly pointed by mr. justice rangnekar in the case of devidatt ramniranjandas v. shriram narayandas air 1932 bom 291 (supra) the most important words in ci ..... the jurisdiction of the court or a mere matter of procedure capable of being waived by conduct or agreement of the parties. clause 12 of the letters patent provides that the high court of judicature at bombay in the exercise of its ordinary original civil jurisdiction shall be empowered to receive, try and determine suits ..... special rules prescribed by the legislature the return of a plaint in the case supposed would be, at least an allowable and unobjectionable course. where court had to act judicially on the plaint , whether in favour of the plaintiff or against him, the plaint must obviously be retained him, the plaint must obviously be retained as .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1988
Reported in : 1989(22)ECC311; 1988(18)LC181(Bombay)
..... 55 of 1975 cannot be given to these products because these products are not animal feeds. they are merely animal feed supplements. this exemption notification has been amended by another notification no. 6 of 1984 dated 15th february 1984 as a result of which the item 'animal feed including compound live stock feed' is now ..... january 1981, classified the goods under tariff items 14(e). this petition challenges the order of the collector.5. tariff item 14(e) is as follows :patent or proprietary medicines not containing alcohol, opium, indian hemp or other narcotic drugs or other narcotics other than those medicines which are exclusively ayurvedic, unani, sidha or ..... drug administration to the effect that general liquid food supplement is an animal feed supplement and is not a drug within the meaning of drugs and cosmetics act, 1940. they have also annexed affidavits of stockists of animal food saying that these products are purchased for the purpose of supplementing animal and poultry feed. .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-20-1988
Reported in : 1989(2)BomCR244
..... refusing sanction to transfer or divide land under section 29;(5) an order of forfeiture under sub-section (3) of section 29;(6) an amendment of declaration or award under section 37;and(7) an order of summary eviction under section 40.(1-a) any respondent, though he may ..... of 100 acres, the land-holder filed a writ petition which was heard, by the learned single judge and dismissed. the present letters patent appeal is directed against the said judgment of the learned single judge.2. the land-holder contends that filing of the appeal operates as ..... any court.'it may be noticed that before amendment by maharashtra act no. 32 of 1965, the declaration was final subject only to the decision of the appeal and by amendment it is final also subject to decision in revision and thus the amendment does not have any effect on the controversy ..... limited stay and the learned single judge was right in refusing to interfere with the said interim order. letters patent appeal dismissed. no order as to costs. .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1988
Reported in : 1988(3)BomCR1; (1988)90BOMLR292
..... passed the decree for eviction. this cannot be done because the stage of payment, namely the first day of hearing, has already passed by when the amending act came into force. the amending act dose not say that the payment could be made on the first day of hearing of the suit or on the first day of the appeal. the ..... eknath kira akhadkar v. administrative tribunal), (letter patent appeal no. 6 of 1983 decided on 12th of october, 1984 by k. madhava reddy, c.j. and gadgil, j.), the question was whether section 22 of the goa rent act, which was amended in the year 1976, was prospective or retrospective. prior to the amendment in year 1976, section 22 provided that ..... amended by maharashtra act no. xviii of 1987, irrespective of whether the notice under section 12(2) was given before or after the said date.41. i have already in the beginning of this judgement narrated the facts leading to the present petition. it is patent from the facts so stated that the petitioner did not comply with the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-18-1988
Reported in : 1988(4)BomCR545
..... . 21 of 1975 is that the bracketed portion in clause (b) of section 19 was not there in the said clause prior to its amendment by the aforesaid amending act.7. for ready reference, section (19)(b) is reproduced below :section 19. 'where during an enquiry...................................it appears that---(a) ... ... ... ...(b) the landlord has a right of resumption ..... learned m.r.t. against her. according to the order of the learned m.r.t. which is annexed in the aforesaid writ petitions and also the letters patent appeals there was no question of postponement of the right of statutory ownership till the expiry of one year after the death of the widow i.e. the landlady ..... orders of the learned m.r.t. in these cases by dismissing the said writ petitions. there were two letters patent appeals filed against the orders of the learned single judge in the aforesaid writ petitions registered as letters patent appeals no. 375 of 1984 and 376 of 1984 but the same were also dismissed on 11-10-1984. .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-16-1988
Reported in : 1988(17)LC47(Bombay); 1988(36)ELT15(Bom)
..... of rs. 59.04 lakhs and rs. 8.27 lakhs respectively were also issued to the company. the said notices are also challenged in this petition by a subsequent amendment made to the petition.5. though appearance has been filed on behalf of the respondents, no return has been filed and, unfortunately, nobody has also appeared for them at ..... . taleyarkhan in order that he should succeed in this petition because his other argument that the reviewing authority erred in treating the entire unit as an electric fan is patently correct.7. at this stage it is necessary to briefly refer to the opinion of a person, who can be regarded as an expert in this respect. an ..... of central excise, thane, being the authority of first instance, has classified the item in question under sub-item (2) of item 33 of the first schedule to the act, but the central government, in exercise of its revisional jurisdiction, purporting to restore the order of the superintendent, classified the said item under sub-item (3) of item 33 .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-11-1988
Reported in : 1988(3)BomCR238
..... b, if b had advanced it rashly or maliciously doubtless, this section does follow the decisions on the english act and the procedure code, but this bill is to amend as well as to define ; and so far as i can discover, such powers would be no novelties ..... of the process of court' were not in order 6, rule 16 when this chamber summons was taken out but were incorporated by an amendment made on 1-2-1977. on 27th september, 1977, the matter was argued at length and rege, j., passed the following order ..... ordered to be on board for ex parte decree. the plaintiff was given time to enable him to take suitable proceedings to amend the plaint and the defendants were ordered to file their written statement failing which the matter was again to be on board for ..... code of civil procedure, this power was immanent in and arose from a high court being a court of record under the letters patent as well as article 215 of the constitution. rege, j., as well as the two learned judges of the appeal court refused .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-19-1988
Reported in : [1989]72STC69(Bom)
..... that what is taxed is the purchase and not the use or consumption .......'37. section 7-a of the madras general sales tax act, 1959 which was introduced by the tamil nadu general sales tax (amendment) act, 1970 was couched more or less on the same phraseology as that of section 5a of the kerala general sales tax. in m ..... court in bata india limited v. state of haryana [1983] 54 stc 226. section 9(1)(b) of the haryana general sales tax act as amended by the haryana general sales tax (amendment and validation) act, 1983 was the subject-matter of the controversy. it pertains to the liability to pay purchase tax when a dealer purchases goods other than ..... goods which themselves are taxable and those goods are despatched outside the state the liability which had thus remained under the cover springs on the surface in a patent form so that along with it obligation for levying additional purchase tax comes into existence. therefore, in reality the event of obligation very much comes into existence .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-20-1988
Reported in : 1989(3)BomCR1
..... be deemed to authorise the re-opening of suit or proceeding for eviction of any person, if such proceedings had been finally disposed of before the commencement of the said amending act (maharashtra act no. 18 of 1987). i have mentioned above that the suit was decreed by the trial court as early as on 30th march, 1976. an appeal filed by ..... is yet another reason why mr. dalvi's submission in this respect cannot be accepted and that is to be found in the provisions of section 25 of the amending act, viz. maharashtra act no 18 of 1987. the verbatim text of the section is set out in appendix 2 attached to this judgment. however, i am examining this position emanating from ..... party would be the beneficiary. but that does not mean that the receiver would be the agent of the successful party. the authority referred to by mr. nain, with patent and understandable hesitation, far from helping the case of defendant no. 6, goes a long way to prove that the receiver's possession as on 1-2-1973 was not .....
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