Court : Mumbai
Reported in : 2009(3)BomCR221; 2009(111)BomLR869
..... approach to the interpretation of statutes' roles & perspective in the law, referred in `trends in statutory interpretation and the judicial process. ref: victoria university of wellington law review.) it is always possible and permissible to read the judge made law in consonance with the statutory law while avoiding patent conflict. ..... of police wireless and of superintendent, assistant and deputy superintendents for wireless system in that department. sections 8 and 8a of the bombay police act, 1951 provide methodology for appointment to these posts. regulation 3 of the indian police service (appointment by promotion) regulations 1955 provides for constitution ..... make appointments with greater caution, fairness and transparency. adopting a convenient and casual procedure for making appointment to such a high post or acting entirely on the premise of absolute discretion, unfounded on appropriate reasons and unconnected with any rationality would obviously render the action of the state .....
Tag this Judgment!Court : Mumbai
Reported in : [1999(81)FLR119]; (1999)IIILLJ1408Bom
..... at the factory premises, in the face of the difficulties posited by the petitioner employer. it is true that the industrial court had jurisdiction under section 30(2) of the act to grant interim relief. in exercising such jurisdiction, at the highest, it could have eliminated the problems, if any, likely to be faced by the delinquent employees as well as ..... in complaint (ulp) no. 429 of 1998 under the provision of section 30(2) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').4. the impugned order is an interlocutory order and under normal circumstances, i would be extremely reluctant to interfere with it. but, as the facts show, interests .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)ALLMR436; 2003(3)BomCR86; 2003(2)MhLj236
..... is no proper constitution of the suit or appeal, with the result suit or appeal would abate? while answering this question the apex court noted almost universal consensus of opinion of all the high courts that where a plaintiff or an appellant after diligent and bona fide enquiry ascertains who the legal representatives of ..... this court to abide the result in the appeals.'the petitioner on the aforesaid terms got himself impleaded in one of the civil appeal bearing no. 666 of 1985 as appellant no. 3, but he failed to get himself impleaded in another appeal bearing civil appeal no. 702/85.5. the then 4th additional district judge ..... and purpose is likely to be defeated. the apex court observed that in view of the conflicting views expressed by different courts, parliament by the aforesaid amending act introduced an explanation saying that in section 141 of the civil procedure code expression 'proceedings' does not include 'any proceeding under article 226 of the constitution' and statutorily .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)BomCR488; [2007(115)FLR924]; (2008)ILLJ717Bom
..... to a go-slow and her production level had fallen below the normal production. a charge-sheet was issued to the 1st respondent on 21.6.1985. it enumerated various acts of misconduct including go-slow, fall in the production level, loitering on the premises and habitual neglect of work. a departmental enquiry was conducted against ..... the labour court has imposed the punishment on the basis of perverse findings. according to the learned advocate, the production norms were changed only in 1986. in 1985 when the 1st respondent was charge-sheeted, the production level of 22 packers except 3, was 480 packets. he submits that the 1st respondent had also given ..... had justifiable reasons not to proceed against the others who had given similar production levels as the 1st respondent. one of her co-workers was charged for similar acts of misconduct. however, since that workman submitted an apology, she was allowed to continue in service. the learned counsel, therefore, submits that the 1st respondent and .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR967
..... /-, whereas, the rest of the income was by way of dividend and interest derived by him. whereas, almost after ten years thereafter i.e. in the year 1985-86, the professional income derived by the petitioner's husband was only rs. 56,833/- and the rest was income from dividend and interest. similarly in the year ..... notwithstanding the pendency of an application for eviction filed by a landlord against his tenant under the provisions of the hyderabad houses (rent, eviction and lease) control act, the landlord is entitled to file a second application for eviction either during the pendency of the first application or its disposal, relying upon a ground of eviction ..... having regard to this changed factual situation, the petitioner was not entitled for any relief from this court. besides, the affidavit records that the maharashtra rent control act, 1999 has come into force and on account of the provisions of the said at, the second respondent is not governed by the rent control legislation and the .....
Tag this Judgment!Court : Mumbai
Reported in : [1982]52CompCas1(Bom); 1981MhLJ61
..... done, in the instant case, there are obviously sufficient grounds to proceed against the accused and, further, the interpretation about the relevant provisions of the act being negatived, it follows that a prima facie case has been properly and adequately made out by the respondent-complainant and as such, the trial must reach ..... of the said case. however, reliance can be placed on the ratio in kurukshetra university v. state of haryana, : 1977crilj1900 , wherein it is observed (headnote) :'inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. that statutory power has to be exercised sparingly, with ..... once held the relationship of licensor and licensee but such relationship had come to an end. provisions of various other statutes such as the matrimonial acts, the transfer of property act, etc., and the terminology used therein were also considered while repelling this contention when, ultimately, it was held that it would cover not .....
Tag this Judgment!Court : Mumbai
Reported in : I(2004)ACC320; 2003(4)ALLMR57; 2003(6)BomCR493; 2004(2)MhLj213
..... substantial increase in blind spots resulting in reduction of vision after wearing a helmet. research paper by retired professor and head of the department, experimental psychology, pune university, had categorically stated that loss of sound localisation accuracy after wearing helmet is to the extent of 25 per cent. there was also possibility of fungal and ..... making power of the state government. in the opinion of the court, the proviso to rule 230 (child legislation) was ultra vires section 129 of the act (parent act). the rule was, therefore, liable to be struck down.41. we may also refer to a decision of the high court of delhi in pt. parmanand ..... whereas section 137 empowers central government to make rules, section 138 enables the state government to frame such rules.28. in exercise of the powers conferred under the act, the state of maharashtra framed rules known as the maharashtra motor vehicles rules, 1989 (hereinafter referred to as 'the rules'). rule 250, as originally enacted, .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR90; (1993)IILLJ1022Bom
..... it is, therefore, reasonable to presume that no objection was raised for grant of permission. for all practical purposes by the order passed on january 8, 1985 the permission has been granted. it will, therefore, not be open to the petitioner now at this belated stage to make a grievance about the opportunity granted ..... the premises of the establishment and clause 24(1) :- commission of acts subversive of discipline or good behaviour on the premises of the establishment. on november 26, 1980, after the above said incident was reported, you were issued with the ..... the assault by you, mr. abdul salam sustained serious injury on his right forearm entailing profuse bleeding, which required medical treatment even after first aid. 5. your above acts, if proved, amount to serious misconduct under the model standing orders applicable to you, viz : clause 24(m) : .... riotous, disorderly or indecent behaviour on .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(1)BomCR713; [2000(87)FLR740]; (2001)IIILLJ57Bom
..... single judge at issue were the provisions of section 50-b of the punjabrao agricultural university (krishi vidyapeeth) act, 1968 which created a complete embargo on the powers of the university to create new posts except with the sanction of the state government. since the university was powerless to create a new post without sanction of the government, the learned ..... who had moved the court. the extent of service of the workers was adverted to. the workers, as already stated earlier, had been working since 1983, 1984 and 1985; the extent of work which was rendered varied from year to year. as and by way of illustration, the facts relating to respondent no. 1 herein may be ..... justice in the industrial court. the admitted facts are that the workers had been working for long years, since 1983 in the case of some, and 1984 and 1985 in the case of others. unquestionably as was submitted by the learned counsel appearing on behalf of the employer, the length of service varies from year to year .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)IILLJ667Bom
..... . he, therefore, while taking into consideration the past record, passed the order of reinstatement without back wages but with continuity of service with effect from march 25, 1985. same is the position with regard to the other workmen. 13. this matter was carried in appeal before the industrial court, mumbai under the provisions of the said ..... the industrial tribunal. it was found in the same report that the dismissal of the workman was in contravention of the provisions of section 33 of the industrial disputes act. as it was void and inoperative per se, the reinstatement was bound to (sic). this being not the case in the present matter, this decision would not ..... end of it, the workmen having been found guilty, punishment of dismissal was imposed on them. this punishment was questioned by way of proceedings under the bombay industrial relations act, 1946 (b.i.r. for short) where the trial court has dealt with the application (bir) no. 441 of 1986 of respondent no. 1 of writ petition .....
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