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
..... the change was carried out by the draftsman at page no.190. presuming that the draftsman had no suggestions to make for incorporating in the bill by treating them as patent errors, the scrutinised copy of the said english bill was sent to the government of india press for printing copies of the bill, as passed by lok sabha. consequently, the ..... department carried out the change without bringing the change to the notice of the honble speaker and the honble speaker did not accept the said error as a patent error. the honble speaker did not authorize the error to be corrected. he submitted that though in the affidavit dated 16th august, 1988 filed on behalf of the ..... the lok sabha was sent to rajya sabha. the rajya sabha passed the same without any amendment and returned the same which was sent for assent of the honble president of india. the assent was received on 18th january, 1986. 3. the said act of 1985 which was gazetted showed that the rate of duty against the sub-heading 8426 was .....
Tag this Judgment!Court : Mumbai
..... the lok sabha was sent to rajya sabha. the rajya sabha passed the same without any amendment and returned the same which was sent for assent of the honble president of india. the assent was received on 18th january, 1986. 3. the said act of 1985 which was gazetted showed that the rate of duty against the sub-heading 8426 ..... the legislative department carried out the change without bringing the change to the notice of the honble speaker and the honble speaker did not accept the said error as a patent error. the honble speaker did not authorize the error to be corrected. he submitted that though in the affidavit dated 16th august, 1988 filed on behalf of the ..... change was carried out by the draftsman at page no.190. presuming that the draftsman had no suggestions to make for incorporating in the bill by treating them as patent errors, the scrutinised copy of the said english bill was sent to the government of india press for printing copies of the bill, as passed by lok sabha. consequently .....
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
..... 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
..... favour of persons other than the tribals (hereinafter referred to as the 'non-tribals') on or after the commencement of the maharashtra land revenue code and tenancy laws (amendment) act, 1974.) (3) where an occupant belonging to a scheduled tribe in contravention of sub-section transfers possession of his occupancy, the transferor or any person who if he ..... -section (2) of any law for the time being in force has, at any time before the commencement of the maharashtra land revenue code and tenancy laws (amendment) act, 1974 transfer possession of his occupancy to a non-tribal and such occupancy is in the possession of such non-tribal or his successor-in-interest, and has ..... question framed by us will have to be answered saying that the provisions of the restoration act, 1974 shall prevail over the provisions of section 36 of the code of 1966. in the result, we make the following order. order i) letters patent appeal no.160/2002 is dismissed. no order as to costs. ii) interim relief granted .....
Tag this Judgment!Court : Mumbai
..... opened a new or higher course of study or training or has increased the admission capacity on or before the commencement of the indian medicine central council (amendment) act, 2003, such person or the medical college shall, within a period of 3 years from the date of such commencement should seek permission of the ..... to verify the correctness of the figures and authenticity of the records. when the records do not reveal the true picture and there were obvious discrepancies and patent error noticed, then, it is not possible to accept the submissions of shri manohar, that leaving aside the balroga department, the other departments have not ..... hospital shall be more than sixty percent as per the minimum requirement for postgraduate teaching center as per indian medicine central council (postgraduate ayurveda education) regulations, 2005. however, the college is not having even the relaxed norm of 50% ipd bed occupancy in the hospital. during the course of hearing opportunity provided to .....
Tag this Judgment!Court : Mumbai
..... opened a new or higher course of study or training or has increased the admission capacity on or before the commencement of the indian medicine central council (amendment) act, 2003, such person or the medical college shall, within a period of 3 years from the date of such commencement should seek permission of the ..... to verify the correctness of the figures and authenticity of the records. when the records do not reveal the true picture and there were obvious discrepancies and patent error noticed, then, it is not possible to accept the submissions of shri manohar, that leaving aside the balroga department, the other departments have not ..... hospital shall be more than sixty percent as per the minimum requirement for postgraduate teaching center as per indian medicine central council (postgraduate ayurveda education) regulations, 2005. however, the college is not having even the relaxed norm of 50% ipd bed occupancy in the hospital. during the course of hearing opportunity provided to .....
Tag this Judgment!Court : Mumbai Goa
..... the plaintiff cannot be said to be total stranger qua the land sold to the defendant no.3. 33. the judicial commissioner's court struck down fifth amendment to the agricultural tenancy act, by judgment rendered in the case of lakshimibainarayan patil of volvoi ponda and ors., (supra). the apex court by judgment dated 23rd july, 1990, rendered ..... having been passed without notice to the plaintiff, are null and void and as such, need not be separately challenged. the claim made by defendant no.1 is patently unsustainable in law inasmuch as his own claim was that his mother and uncle were tenants and as such, he could not claim independent tenancy. in addition, the ..... jethalal kamdar, 2000 air (sc) 1099; (d) gram panchayat of village naulakha vs. ujagar singh, 2000 air (sc) 3272; (e) state of andhra pradesh vs. t. suryachandra rao, 2005 air (sc) 3110; (f) pralhadjaganath jawale and ors., vs. sau. sitabai chander nikam and ors., 2011 (6) bom c.r. 619. 12. ms. a. agni, learned counsel appearing .....
Tag this Judgment!Court : Mumbai Goa
..... the plaintiff cannot be said to be total stranger qua the land sold to the defendant no.3. 33. the judicial commissioner's court struck down fifth amendment to the agricultural tenancy act, by judgment rendered in the case of lakshimibainarayan patil of volvoi ponda and ors., (supra). the apex court by judgment dated 23rd july, 1990, rendered ..... having been passed without notice to the plaintiff, are null and void and as such, need not be separately challenged. the claim made by defendant no.1 is patently unsustainable in law inasmuch as his own claim was that his mother and uncle were tenants and as such, he could not claim independent tenancy. in addition, the ..... jethalal kamdar, 2000 air (sc) 1099; (d) gram panchayat of village naulakha vs. ujagar singh, 2000 air (sc) 3272; (e) state of andhra pradesh vs. t. suryachandra rao, 2005 air (sc) 3110; (f) pralhadjaganath jawale and ors., vs. sau. sitabai chander nikam and ors., 2011 (6) bom c.r. 619. 12. ms. a. agni, learned counsel appearing .....
Tag this Judgment!