Court : Mumbai
M.S. Sonak, J. 1. Rule. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith. 2. The two petitioners in this petition, who claim to be students belonging to minority community, question the legality and validity of the requirement specified in clause 18(18) of the Information Brochure for admission to Post Graduate Technical Courses for Academic Year 2016-17 (Brochure). The impugned clause requires minority candidates seeking admission to Post Graduate Technical Courses to attach 'Domicile Certificate' alongwith the application form for Centralised Admission Process (CAP). 3. Mr. C.K. Thomas, learned counsel for the petitioners, has made the following submissions: (a) The very requirement of "domicile" in State of Maharashtra in order to be considered against the minority quota in minority institutions within the State of Maharashtra, is ultra vires the provisions contained in Article 30 of the Constitution of India. Accordingly, ...
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Oral Judgment: (S.C. Dharmadhikari, J.) 1. Rule. Respondents waive service. By consent, Rule made returnable forthwith. 2. By these petitions under Article 226 of the Constitution of India, the petitioners are challenging orders revoking their registration as Multi System Operators. These registrations have been granted under the Cable Television Network Rules, 1944 (for short the Rules?). The petitioners are engaged in the business of securing signals from television channels distributed to them through cable operators to the end users. Since the two petitioners carry on identical business, but the facts leading to the revocation of registration of their case are slightly different, we would set out the facts in Writ Petition No. 58 of 2015 firstly. 3. The petitioner is a private limited company incorporated under the Indian Companies Act, 1956, and operating from the address mentioned in the cause title. It is engaged, inter-alia, in the business of cable distribution service as Mult...
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Naresh Patil, J. 1. In these two petitions, identical question is involved as to whether a migrant from the State of Maharashtra to Union Territory of Daman and Diu would be entitled to claim the same caste status as was available to him in the State of Maharashtra. The question raised being identical in both petitions, we are disposing of these petitions finally by this common judgment and order. 2. W.P.No.502/2002 has been filed by one Mr. V.N. Kotiya who was employed as Junior Engineer in the Electricity Department in the administration of Daman and Diu. W.P.No.3891/2003 has been filed by the Administrator, Union Territory of Daman and Diu. Briefly stated, the facts are summarized as under: 3. The petitioner-Kotiya contends that he was appointed as a Junior Engineer in the Electricity Department of the administration of Daman and Diu. Prior thereto, he was working as In-charge Assistant Engineer under the order passed on 1st October 1997. The respondent No.4Milind R. Ingle was also ...
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S.C. Dharmadhikari, J. 1 These Writ Petitions raise the issue of constitutional validity of the National Investigation Agency Act, 2008 (Act 34 of 2008) (for short NIA Act). 2 Hence, RULE. The Respondents waive service. By consent, Rule is made returnable forthwith. 3 Since both Writ Petitions involve common questions, they are being decided by this common judgment. For properly appreciating the arguments of parties, the facts in Writ Petition No.4049/2012 are referred to. 4 It is stated that the Petitioner has been arraigned as an accused No.1 in C.R. No.I130/ 2008 lodged at Azad Nagar Police Station, Malegaon on 30.09.2008 for offences punishable under Sections 302, 307, 324, 326, 427, 153A, 120B of the Indian Penal Code r/w Sections 3, 4, 5, 6 of the Indian Explosive Substance Act, 1908 r/w Sections 3, 5, 25 of the Arms Act, 1959 r/w Sections 15, 16, 17, 18, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967 along with ten other accused in the wake of a bomb blast that took...
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A.M. Khanwilkar, J. 1. Rule. Rule made returnable forthwith, by consent. Counsel for the Respondents in the respective petitions waive notice. Taken up for final disposal, by consent. 2. As common questions are involved, these petitions are disposed of by this common Judgment. 3. All these petitions were proceeded together as common questions have been raised in these matters. 4. Writ Petition No.2457 of 2012 is filed by the Union representing Licensed / Approved Aircraft Maintenance Engineers employed by Respondent No.1 throughout India and abroad. 5. Writ Petition No.391 of 2013 is filed by the Union representing Licensed / Approved Aircraft Maintainance technical staff employed by Respondent No.1 throughout India and abroad. 6. Writ Petition (Lodging) No.2896 of 2012 is filed by the Union claiming to be the largest representative organisation of the Aircraft Engineers employed by Respondent No.1. 7. Lastly, Writ Petition (Lodging) No.585 of 2013 has been filed by the employees of Un...
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Oral Judgment: 1. Rule. Respondents waive service. By consent rule made returnable forthwith. 2] By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are praying for a writ of certiorari or any other appropriate writ, order or direction calling for the records and proceedings of the case culminating in the eviction order of the appellate authority dated 31st January 2007 and to quash and set aside the (I) Notice of Termination dated 10th/14th February 1995, (ii) the Notice of Eviction dated 19th April 1999 (iii) Order of 2nd respondent and (iv) the order of appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act, dated 31st January 2007 in Misc.Appeal No.261 of 2001. 3] The proceedings are under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. (for short PPE Act). The petitioner states that it was a Government Company incorporated under the Companies Act, 1956 and continued to be so till the eviction ord...
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Reported in : 2008(6)ALLMR164; 2008(6)BomCR789; (2008)110BOMLR2621; 2009(2)MhLj56
S.C. Dharmadhikari, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioner prays that the orders dated 26/3/1999 and the order dated 12.10.1999 (Annexure P-1 collectively) be quashed and set aside and the respondents be directed to reinstate him in service with full back wages and consequential benefits.2. By the orders impugned in this petition, the petitioner challenges the imposition of major penalty of dismissal from services. This penalty was imposed by the Disciplinary Authority, Dy. Director (Vigilance), Government of Goa. In review petition, being Review Petition No. 5/99 which was filed by the petitioner before the Governor of Goa, the Governor of Goa has, by his order dated 12.10.1999 modified the punishment of dismissal from service and substituted it by compulsory retirement.3. At the relevant time, the petitioner was serving as Asst. Director of Transport, Transport Department of Government of Goa. He joined the services in 1975 as Assist...
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR108; 2008(5)BomCR163; (2008)110BOMLR1617; 2008(5)MhLj300
S. Radhakrishnan, J.1. In all the above Petitions, the issue involved is with regard to the special responsibility cast on the Governor of the State of Maharashtra, with regard to development of Vidharbha area. The present area of Vidharbha was earlier included in the erstwhile state of Madhya Pradesh. The demand for the separate state of Vidharbha was duly endorsed by the then Madhya Pradesh Legislature.This was seen as a conflict with the demand made by the Sanyukta Maharashtra Movement in the erstwhile area of Bombay for the creation of a Marathi speaking state.2. In furtherance of the proposal of a Linguistic Marathi speaking province,the then leaders of Vidharbha and Western Maharashtra entered into an agreement known as the Akola act for formation of a federal state. Vidharbha still remained part of the erstwhile Madhya Pradesh After India gained Independence, a State Re-organization Commission was formed under Mr. Justice Fazal Ali. The leaders of the Sanyukta Maharashtra moveme...
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR843; 2007(5)BomCR316; 2007(5)MhLj313
D.G. Karnik, J.1. This civil revision application was heard by me in September, 2006. However on account of change of the roaster, the petition was made de part-heard. Thereafter, by an order of the Hon'ble the Acting Chief Justice, it has been re-assigned to me. I have again heard the counsel for the parties.2. The facts lie in a narrow compass and are mostly undisputed. The respondent is an owner of the property known as Mercantile Chambers situate at Veer Nariman Road, Mumbai 400 001. The premises admeasuring 5759 sq.ft. situate at 3rd floor thereof (hereinafter referred to as 'the suit premises') were let out by the respondent to the petitioner several years ago. Though the tenancy of the petitioner was terminated by a notice to quit dated 17th October, 1992, it continued in occupation of the suit premises by reason of the protection against eviction enjoyed by the tenants under the Bombay Rents and Lodging House Rates Control Act, 1947 (for short 'the Bombay Rent Act'). On repeal ...
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR283; 2003(5)BomCR389; 2003(2)MhLj790
R.S. Mohite, J. 1. Heard learned counsel for the respective parties.2. These writ petitions impugn interim winding up orders passed under Section 102(1) of the Maharashtra Co-operative Societies Act, 1960. The petitioners are members of the Managing Committees, who are affected by the impugned orders insofar as they have been visited by its consequences and have been required to hand over to the Liquidators appointed under the impugned orders, the custody and control of all the property, effects, actionable claims, books, records and other documents pertaining to the business of the societies, which they were managing, in accordance with Section 103(2) of the said Act.3. As the possible fall of one more bastion of old style commerce is under consideration, the history of its building and collapse would bear scrutiny.4. The problem of reducing indebtedness and of bringing credit facilities within the reach of agriculturists on reasonable terms had engaged the attention of the Government...
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