Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... to this we find that the expression' landed or other real property to which the suit may relate 'was also adopted by legislation of the governor-general-in-council. for, in act no. ix of 1844 of the governor-general-in-couneil, which applies to the three presidencies of bengal, madras and bombay, section 3 gave jurisdiction to sudder ..... in personam though the mofussil courts will have the jurisdiction under proviso to clause 16 of the civil procedure code. the extended meaning cannot be given in view of the privy council decision in srinivasa moorthy v. vankatavarada iyengar in connection with an administration suit relating to land. lastly, under the civil procedure code, a mortgage debt is now held to be ..... have based his views of the true construction of clause 12 of the letters patent largely on sections 5 and 33 of the code of 1859. this argument was also pressed before us, and i will deal with it later. the next cases were in the matter of the petition of c.j. leslie (1872) 9 beng. l.r .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom112; (1966)68BOMLR228; ILR1966Bom420
..... the advocate on the other and the private parties who initiated these proceedings have no locus standi. he argued that the same would be the position under the bar council act. we do not think it necessary to decide this question, because there is no doubt that the court has discretion to allow a party to be represented through ..... of 1:4 in these proceedings and in the proceedings before the bar council tribunal. a notice was issued to the bar council and the bar council has appeared before us through mr. ramnath shivlal and he pressed for the costs. we do not think that the bar council is entitled to any costs in these proceedings. in the same way, ..... represented before us by its president, mr. gagrat, mr. gagrat, however, has not pressed for the costs of the society. all that the society and the bar council tribunal have done before us is that they have supported the findings arrived at by the bar council tribunal. neither of them, therefore, is entitled to any costs.(34) mr. gupte, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom217; 2001(3)BomCR109; (2001)2BOMLR593; 2001(2)MhLj466
..... whose instance the additional commissioner as well as the state government stayed the meeting which was to elect president of the respondent no. 2 council, that under section 51(2) and (3) of the said act, the collector alone has power to convene a special meeting of the councillors for the election of the president and under sub-section ..... imposed upon, or delegated to the director and the collector respectively.section 51 deals with the election of the president of the council. we are concerned with subjections (2), (3) and (5) of section 51 of the said act which read as under :-'51. election of president - (1) xx xx xx (2) the collector shall convene a special ..... justified in granting stay to the meetingdated 18th january. 2001 which was to elect the president of the respondent no. 2 council? (b) whether the state government can invoke its powers under section 51 (5) of the said act and grant stay to the election? and (c) whether the respondent no. 4 had jurisdiction to hold election and .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(1)BomCR130
..... the inception of the constitution. similarly, the statement of objects and reasons attached to the bill of the government of union territories act shows that it was intended to establish legislatures and also council of ministers in the union territories of himachal pradesh, manipur, tripura, goa, daman and diu and pondicherry, broadly on the pattern ..... sharan v. chandra bhan, : air1962all301 and of the supreme court in state of rajasthan v. union of india, : [1978]1scr1 and in charanlal v. giani zail singh, : [1984]2scr6 . the learned council contended that even if this is not so, the reasons given are entirely germane and it was for the central government to ..... of the supreme court in the cases of anwar ali, jyoti parshad, kamal, ramana, maneka gandhi, bachan singh, ram parsad. in re special court bill, 1978 and desh bhandu ghosh (supra), contended that an unintelligible, arbitrary and unreasonable classification has been made which has no rational nexus with the objective to be achieved. .....
Tag this Judgment!Court : Mumbai
Reported in : 1980MhLJ661
..... supra, we must at the outset point out that decision was not in respect of the statute which was in pari materia with the ceiling act with which we are concerned in this petition. the privy council in that decision was concerned with the construction of the words ''where there had been an appeal'' in article 182 of the limitation ..... was opposed by some of the judgment-debtors on the ground that it was barred by article 182 of the limitation act because the limitation must run from 24th june, 1920. on these facts the question before the privy council was as to from what date the limitation would commence. if the limitation was to commence from the date of the ..... act, 1908. it is well-know that article 182 of the limitation act provides for making an application for execution of a decree or order of any .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1988Bom207; 1988(2)BomCR399; (1987)89BOMLR637; 1988MhLJ378
..... the controversy raised before us, it will be worthwhile, if a detailed reference is made to the various provisions of the act. section 9 of the act provides for composition of the councils. the council consists of councillors elected at ward elections and shall also include councillors co-opted by the elected councillors in the prescribed manner ..... this court came to the conclusion that the phrase 'total number of councillors' used in section 55(2) of the act means total seats in a particular council as determined under section 9 of the act and not the strength of councillors entitled to sit and vote, whereas in shivdas govind's case : air1986bom268 another division ..... to sit and vote and not the sanctioned strength? (2) whether under sub-section (3) of section 55 of the maharashtra municipalities act, it is necessary to hold a meeting of municipal council for the consideration of motion of no confidence, of which requisition is received under sub-section (2), within ten days of the receipt .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR471
..... officer as a whole-time salaried officer of the university who would retire on attaining the age of 60 years.in exercise of powers under section 23 of the act, the executive council framed statute no. sa. 9 which deals with the finance officer. the said statute has been framed on or about 12.1.96 and has been duly approved ..... section 28.10. a complete scheme in regard to the functioning of the university, its authorities and bodies are provided for in the act and only the details are to be worked out by the executive council under the delegated powers in relation to the subjects specified in section 22. there is absolutely no abdication of power as is contended by ..... , in framing of the statutes is to be found in section 22 and the same reads thus: 'subject to the provisions of this act, the statutes may provide for....9. thus, while delegating the powers to the executive council to frame the statutes, an impediment put in place is that the statutes which are to be framed by the executive .....
Tag this Judgment!Court : Mumbai Nagpur
..... no.1 is concerned, the vice chancellor vide aforesaid letter forwarded another resolution no.ec/38/2011 dated 22.08.2011 passed by the executive council under section 11(4) of the act reiterating its request not to cancel the appointment orders of the 83 sras/ jras who are currently in the service and to reconsider the advice ..... than this was required to be done in the peculiar facts of this case. once the chancellor was of the opinion that the executive council and the vice chancellor could not have refused to act on the conclusions and findings in the inquiry committee's report, then, he did not violate any rule of law or the principles ..... were required to be set aside. mr.deshpande submits that the report of the inquiry committee was accepted by the executive council. the chancellor has, thus, followed the entire procedure enumerated by section 11 of the said act. in these circumstances to urge that there was nothing before the chancellor or that the chancellor took a decision without any .....
Tag this Judgment!Court : Mumbai Nagpur
..... no.1 is concerned, the vice chancellor vide aforesaid letter forwarded another resolution no.ec/38/2011 dated 22.08.2011 passed by the executive council under section 11(4) of the act reiterating its request not to cancel the appointment orders of the 83 sras/ jras who are currently in the service and to reconsider the advice ..... than this was required to be done in the peculiar facts of this case. once the chancellor was of the opinion that the executive council and the vice chancellor could not have refused to act on the conclusions and findings in the inquiry committee's report, then, he did not violate any rule of law or the principles ..... were required to be set aside. mr.deshpande submits that the report of the inquiry committee was accepted by the executive council. the chancellor has, thus, followed the entire procedure enumerated by section 11 of the said act. in these circumstances to urge that there was nothing before the chancellor or that the chancellor took a decision without any .....
Tag this Judgment!Court : Mumbai
..... the proposed post graduate course with intake capacity of two students subject to permission by the government of india under section 13a of indian medicine central council act and final permission with the government of maharashtra. the said consent of affiliation is valid till 29.8.2016. it is true that consent ..... adverting to the issues raised by the respective parties, it would be advantageous to refer to the relevant provisions of the indian medicine central council act, 1970 (in short mcc act) and the establishment of new medical college, opening of new or higher course of study or training and increase of admission capacity by a ..... ganbhavale, the learned counsel for the petitioners has taken us through the relevant provisions of indian medicine central council act, 1970 (for short mcc act, 1970), the maharashtra university of health sciences act. 1999 (for short muhs act, 1999) and establishment of new medical college, opening of new higher secondary course of study or training and .....
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