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The Yeola Municipality and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2001Bom259; 2001(2)ALLMR539; (2001)2BOMLR908; 2001(2)MhLj829

..... below which have given sufficient reasons for exercising powers conferred on them under section 309 read with section 97 of the 1965 act are perfectly legal and just. the municipal council should not have challenged the impugned order dated 25th march, 1987, which prima facie appears to have been passed in the ..... ,000. the requirement, therefore, envisaged in 1981 was totally inadequate for the ever increasing population of the municipal council. 3. under section 50 sub-section (2) of the 1965 act, the municipal council is legally bound to supply atleast 70 litres of water per head per days which amounts to the requirement of ..... invoking the powers vested in them under section 309 read with section 97 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter, the 1965 act for short) and thereby providing water supply from the yeola municipal council water scheme to village paregaon, taluka yeola at the request of the village panchayat paregaon, .....

Mohansingh Tanwani and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2002Bom39; 2002(1)ALLMR818; 2001(3)BomCR285; 2001(3)MhLj339

..... purview of the minister of state for urban development and thus, he is the competent authority to exercise the powers under section 313 of the municipalities act for the said municipal council, as per the business rules framed under article 166(3) of the constitution. the impugned order of dissolution dated 29th nov., 2000 has been ..... when the collector is informed, on a complaint made or otherwise, that default has been made in the performance of any duty imposed on a council by or under the act or by or under any enactment for the time being in force, the director, if satisfied after due inquiry that the alleged default has been ..... evident from the record that the said resolution has been interfered with by the collector, dhule by exercising his powers under section 308 of municipalities act and subsequently, the municipalities council has recalled the said resolution.27. the president has filed an additional affidavit and brought on record the frequency with which the chief officer of .....

Atic Industries Ltd. Vs. H. H. Dave, Asstt. Collector of Central Excis ...

Court : Supreme Court of India

Reported in : (1975)4CTR(SC)54

..... kind and quality.the learned judge then referred to the decision of the privy counsel in ford motor company of india limited vs. secretary of state for india in council and pointed out that :'this case is an authority for the proposition that mere existence of the agreements between the respondent and the wholesale dealers under which certain ..... that what was relevant to determine the wholesale cash price under cl. (a) of s. 30 of the sea customs act, 1878, was the price of goods of a like kind and quality was negatived by the privy council by saying that goods under assessment may, under cl. (a) be considered as members of their own class even though ..... the sole distributors, m/s ici ltd. and m/s atul products ltd., these prices cannot be adopted as the basis of advalorem assessment' under section 4 of the act. the central government, however, observed that these dye stuffs were 'available to any independent buyer in open market conditions as the sole distributors prices', that is, at the .....

Dr. Olga George Vs. The Secretary, Tamil Nadu Public Service Commissio ...

Court : Chennai

..... with ten years teaching experience in the subject concerned in a homoeopathic college. the qualification shall be the one included in second schedule of homoeopathy central council act, 1973." 15. the learned counsel appearing for the appellant also brought to the notice of this court that except dr.p.rathamani, no candidate ..... in exercise of powers conferred under clauses (i), (j) and (k) of section 33 and sub-section (1) of section 20 of the homoeopathy central council act, 1973, essential qualification for the post of professor in homoeopathic subject is as follows : "post graduate qualification in homoeopathy with two years of experience as reader ..... be teaching experience. mere registration in the medical council does not mean that the individual has been practising as homoeopathy doctor from that date. the registration with the medical council is only a license to practise as homoeopathy doctor. the information received under the rti act by dr.p.rathamani from the concerned department, .....

Sailendra Kumar Vs. Chairman Bar Council of India and ors.

Court : Patna

..... void by reason of the order of extension being defective in law. the validity of such actions taken by the state bar council, by application of de facto doctrine, must be upheld as if the state bar council acted de jure.30. it was then contended by counsel for the petitioner that the special committee when appointed must take steps de ..... the said term for a period not exceeding six months. i shall consider section 8a later. having regard to the amendment to section 8 of the act, a meeting of the state bar council was held, and it was resolved that since it had decided to provide for the election of its members and as it was not possible to complete ..... 8a. he sought to draw a distinction between the words 'to provide for election' and 'hold election'. while the former, was descriptive of the act to be performed by the state bar council during its initial term of extended term, the latter was descriptive of the function to be performed by the special committee. he argued that since difference .....

Mukutdhari Sharma Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1978MP46; 1978MPLJ156

..... law for the time being in force, or exceeds or abuses his or its powers or fails to carry out any order passed by the state government under this act and the council has failed or neglected to take action against the president or the committee, the state government may, by an order stating the reason therefor published i.n the gazette ..... law for the time being in force, or exceeds or abuses its powers or fails to carry out any order passed by the state government under this act; (b) the president of the council or any of its committees is not competent to perform, or persistently makes default in the performance of the duties imposed on him or it by or ..... made out. no writ of mandamus can, therefore, be issued to compel the govt. to hold elections. we may however, point out that the prime minister in a recent press interview, in the context of general elections, said that the elections are not directly connected with the emergency and that the country had half the emergency from 1971 and in .....

Maharashtra University of Health Sciences Represented by Deputy Regist ...

Court : Supreme Court of India

Reported in : AIR2007SC2264; 2007(4)BomCR77; JT2007(9)SC127; 2007(8)SCALE529; (2007)10SCC201; 2007AIRSCW3946; AIR2007SC2264; 2007(8)Scale529; 2007(3)KCCRSN172

..... by the mci with the previous sanction of the central government, in regard to any of the matters referred to in section 33 of the indian medical council act, 1956, will have statutory force and are mandatory. universities must necessarily be guided by the mci regulations. any regulations made by the universities which are inconsistent ..... said decision is challenge by the university in this appeal.relevant provisions : 4. in exercise of the powers under section 33 of the indian medical council act 1956, the medical council of india with the previous sanction of the central government made the 'regulations on graduate medical education 1997'. chapter iv of the regulations relates to ..... university notification no. 5 of 2006 dated 20.2.2006 were illegal and ultra vires the indian medical council act, 1956, that is regulation 12 of mci regulations framed under section 33 of the said act. they also sought a direction for re-determination of their results in the failed subjects by applying and .....

Indian Council of Agricultural Research Vs. Veterinary Council of Indi ...

Court : Delhi

Reported in : 1996IVAD(Delhi)67; 63(1996)DLT786; 1996(38)DRJ555

..... are being held but they are being conducted by the government of india and not by the indian medical council in as much as even the indian medical council is not competent under its parent act (the indian medical council act), 1956 - to hold and conduct such examinations. shri lekhi has brought to our notice a letter dated ..... education) degree course (b.v.sc and a.h.) regulations, 1993 is struck down as ultravires the veterinary council of india and ultra virus the veterinary council act, 1984. the entrance examination held by the veterinary council of india on 26.5.96, pursuant to its notice dated 25th november, 1995 is also held void and without ..... to submit how they are being interpreted in support of his argument based on the doctrine of contemporanea expositio. indian medical council act, 1956 and advocates act, 1961 have given birth to indian medical council and bar council of india respectively. inspire of the two legislations having been framed with objects more or less akin to vc .....

Pratap Chandra Mehta Vs. State Bar Council of M.P. and ors

Court : Supreme Court of India

..... scope by specific language. this is particularly so when the provisions delegating such power are of generic nature, such as section 15(1) of the act, which requires the bar councils to frame rules to `carry out the purposes of this chapter' and section 15(2), which further uses generic terms and expressly states that the ..... interpretation which would frustrate the same and endanger the democratic principles guiding the governance and conduct of the state bar councils. the provisions of the advocates act are a source of power for the state bar council to frame rules and it will not be in consonance with the principles of law to give that power a ..... qualifications, enrolment, right to practise and discipline of advocates. it is not only implicit but clear from the provisions of the advocates act that once an advocate is enrolled by any state bar council, he becomes entitled to practise in all courts including the supreme court. therefore, this is a legislation which deals with persons entitled .....

Smt. Elizebath Samuel Aaron and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)

..... government decided to declare the industrial undertaking of the company as a relief undertaking under section 3 of the kerala relief undertakings (special provisions) act, 1961 (act 6 of 1962) (relief undertakings act, for short) for a period of two years. government accordingly issued notification on march 2, 1976 declaring the industrial undertaking of the ..... petitioners attempted to support his arguments based on article 300a with reference to article 21 and the decision in maneka gandhi v. union of india, air 1978 sc 597. the submission was that no law will be valid unless it is fair, just or reasonable. any law which does not provide for adequate ..... what is barred is only legislation regarding development and regulation of a scheduled industry, to the extent the field is covered by the industries regulation act. the impugned act deals with ownership and not with development and regulation of any industry. therefore even apart from the fact that the chinaclay industry of the company .....