Court : Mumbai
Reported in : 2006(4)BomCR1
..... of goa had promulgated public health ( second amendment ) ordinance, 2004, for short 'the said ordinance'. by the said ordinance, section 2 of goa daman and diu public health act, 1985, hereinafter called as 'the health act', was sought to be amended by substituting the clause (10) of section 2, providing definition of 'injurious food' and adding clause (c), further adding clause (30a) to ..... or distributed or exhibited for sale or consumed by any person within a distance of 50 meters from the institutions/places like an educational institution's campus including schools, colleges, university, educational boards, technical educational institutes, training centers, academic workshops, etc., all the religious places or places of worship, all hospitals, nursing homes, dispensaries, goa state legislative assembly complex, goa state .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1991Bom315; (1991)93BOMLR567; I(1992)DMC133
..... /- per month towards maintenance for herself and her two minor children. the application was made on 19th november, 1982 and the order was passed on 30th march, 1985. it is true that the wife had filed a revision to the sessions court for enhanced maintenance which was, however, rejected on 2nd april, 1986. 6. it ..... therefore, considered partly substantive and partly procedural, whether it is described as incidental or ancillary or supplementary or complementary to the main proceedings under the hindu marriage act.'22. shri lanke for the husband has also invited my attention to the decision of the allahabad high court reported in air 1988 all 50 vinod chandra sharma ..... has made an oral application for treating civil application no. 9 of 1989 as an application for exercising jurisdiction under section 37 read with section 38 of the act. i am, therefore, inclined to accept the submission of shri shankaranarayanan in this behalf. shri lanke for the husband, no doubt, maintained that the scheme of .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191
..... in any industrial court, tribunal or labour court constituted under any law for the time being in force; or.(c) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of deputy registrar of any such industrial court ..... labour courts and industrial tribunals satisfied all the four tests for qualifying them to be elevated to the status of court as contemplated by the contempt of courts act, 1971. they acted as judicial authorities being invested with the judicial power of the state enabling them to resolve the disputes between the parties and settling the lis between them. they ..... single judge's judgment had been found unacceptable by a division bench of the allahabad high court in m/s. poysha industrial company ltd. v. state of u.p., 1985 lab. i.c. 1683. article 234 was, in this decision, considered in its application to the labour court. the learned judges of the allahabad high court, placing reliance .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR259; 1998(3)BomCR590
..... service this would not fall within the meaning of retrenchment as contemplated by section 2(oo) of the i.d. act.25. in the case of the raja bahadur motilal poona mills ltd. v. 1. girni kamgar sanghatana & another, reported in 1985(1) c.l.r. 188, a single judge of this court was considering the expression 'force or violence' in ..... terms of item 10 of schedule iv of m.r.t.u. & p.u.l.r act. the court noted that the word 'force' used in the m.r.t ..... by permitting an opportunity to the workmen to consider the effect of the proposed change and if settlement by collective bargaining is not possible to move the authorities under the act. the act itself contains provisions that during the period of conciliation, etc., conditions of service cannot be altered. in other words the entire purpose is that until the dispute is .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR664; 2006(200)ELT3(Bom)
..... dated 6-9-2004, directing grant of rebate of whole of the duty paid on all excisable goods falling under the first schedule to the central excise tariff act, 1985 (5 of 1986) exported to any country other than nepal and bhutan subject to conditions and limitations as well as procedure specified in the said notification. similarly, ..... :we are of the opinion that having regard to the constitutional scheme and in order to ensure that the enactment made by parliament, namely, the university grants commission act is able to achieve the objective for which it has been made and ugc is able to perform its duties and responsibilities and further that the state ..... or obstacle in the working of the latter, it is necessary to read the expression 'established or incorporated' as 'established and incorporated' insofar as the private universities are concerned.perusal of the above referred observations made by the apex court makes it evident that while considering the issue as to whether word 'or' used in .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR135; 1996(5)MhLj135
..... be continued. 2. a preliminary objection is taken by the respondents to the jurisdiction of this court in view of the provisions of the administrative tribunals act, 1985 and more particularly on the basis of section 14 thereof, on the ground that this matter being a service matter and being covered under section 14 ..... . it will, therefore, be necessary to see the history of the petitioner's employment. 5. the petitioner, it appears, is a matriculate from punjab university, and in pursuant of an advertisement issued by the posts and telegraphs services selection board to fill in the 1200 vacancies of clerks in their department, appeared ..... of section 14 is as under :- '14. jurisdiction, powers and authority of the central administrative tribunal. - (1) save as otherwise expressly provided in this act, the central administrative tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(3)BomCR686; [1998]92CompCas402(Bom); 1995(2)MhLj644
..... business but not for example in respect of a contract for the separation of property made on the marriage of their children. yet, whilst there is no universally accepted definition of the term commercial, it has now become part of the language. it serves, for instance, to distinguish international commercial arbitrations from international arbitrations ..... 47(3). the same is the position in renusagar power co. ltd.'s case : air1994sc860 and renusagar power co. ltd. v. general electric co., : [1985]1scr432 . the original contract postulated payment of interest till payment and the effect of the order of the government of india dated august 1, 1969, was that the ..... an agreement to provide the necessary technical assistance for over-head traction, electrification of railways, tramways, etc., could be considered as 'commercial', under the 1937 act. it was held that it was a contract merely for technical assistance. it did not involve the defendant into any business with the plaintiffs. it was not .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(3)BomCR185; (1995)97BOMLR144
..... 23/92, whereby the appellant/accused (hereinafter called 'the accused') was convicted for offences under section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985, (hereinafter called 'the act') and sentenced to undergo ten years of rigorous imprisonment and to pay a fine of rs.1,00,000/- , or, in default, to undergo further one ..... searching officer's belief of urgency having been recorded in writing and immediately communicating it to his superior officers.10. in this respect, section 42(1) of the act which regulates the power of entry, search, seizure or arrest, without warrant or authority, prescribes that any officer referred to in section 41(2), if he ..... 5. mr. j.p. d'souza, learned counsel for the appellant, has vehemently contended that apart from gross violation of sections 50 and 42(1) of the act, practically almost all other relevant sections of the relevant statute had been breached by the investigation officer in this case, namely its sections 52(c), 52(3), 52 .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR76
..... the charas seized in this case would be confiscated and forwarded for disposal to the prescribed authority as provided under the narcotic drugs and psychotropic substances act, 1985. the court of special judge shall arrange for return of other properties seized to the person who is lawfully entitled to possession thereof within 6 weeks ..... interesting questions of law concerning interpretation and application of sections 8, 20(b), 35, 42, 43 and 54 of the narcotic drugs and psychotropic substances act, 1985. the appeal also raises interesting questions of law concerning the admissibility of evidence relating to alleged statements of the appellant to which reference would be made in ..... no. 1 in the said criminal case. the appellant was charged with an offence under section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985. at the trial of the said special criminal case, the accused was tried for the said alleged offence alongwith one ashok bajracharya and ramesh basnet. the .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)609; 2001BomCR(Cri)694; (2001)3BOMLR338
..... accused being misled also cannot be ruled out. in that case intimation that raiding party contained gazetted officers was followed by information regarding under section 50 of the act 1985. there does not appear to be refusal on the part of accused person to exercise right before intimation of inclusion of gazetted officers in the raiding party. ..... and seizure has taken place at bhandup link road junction (public place), the same is governed by the provisions of section 43 of the n.d.p.s. act, 1985.the argument, that since contemporary documents i.e. the complaint and panchanama did not indicate that during the search at bhandup, three accused were appraised of their ..... from each stock, followed by the procedure of sealing and labelling etc. the prosecution claims to have complied with all statutory requirements under the n.d.p.s. act, 1985 as also code of criminal procedure, 1973, during all three phases of the raid.eleven samples were carried to chemical analyser by police naik v. v. tapre .....
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