Court : Mumbai
..... universities. the aicte, therefore, is under obligation to control the norms and standards for common development of such education in the country. 4. the act itself provides for grant of extension of approval to existing institutions, for starting new technical institutions, for adding of new courses in existing institutions and variation ..... in intake capacity in consultation with the other respondents/authorities. on the basis of this act, therefore, various authorities, board, council have been created to control and supervise technical education and all its related aspects. this itself means, aicte is ..... those norms and standards and regulations/rules unless interpreted and/or considered by this court and/or even by the supreme authority under aicte act and/or other act, such drastic action would definitely cause injustice and hardship to all the concerned. there is nothing on record to show that any findings .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2004)(92)ECC285
..... the case of c.c.e. v. berger paints india ltd., he also argues that cestat (procedure) rules, 1982 have been framed to carry out the purposes of the act and hence strained construction of the rules is not warranted to derive therefrom the power to grant stay on confiscation which is not available to it under the statute. he ..... that the tribunal has incidental power to grant stay is also evident from the fact that the parliament has specifically amended sections 35c of the central excise act, 1944 and section 129b of the customs act, 1962 to limit the duration of stay to 180 days. if the tribunal had no incidental power to grant stay, as the learned s.d.r ..... shri uma shankar, the learned s.d.r. opposes the applications and strenuously argues that the tribunal's powers under section 35f of the central excise act, 1944 and section 129e of the customs act, 1962 are limited to dispensing with pre-deposit of duty and penalty pending appeal and that the tribunal has no power under the law to stay an .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2004)(166)ELT214Tri(Mum.)bai
..... mfg. and formulators assn. of india, 2002-taxindiaonline-117-sc-cx, it was to overcome the effect of the markfed decision that amendments were effected by the finance act, 1996 to incorporate statutorily the substance of the circular.2. i find that the markfed decision has been followed by the tribunal in the following cases : - 3 ..... presticidal chemicals in highly concentrated from would amount manufacture within the meaning of section 2(f) of the act, since it results in the emergence of a new and distinct product having different properties viz., pesticide/insecticide fit for direct use." the show cause notices ..... to note that the revenue did not file an appeal against the above decision. instead, the cbec issued an order under section 37b of the central excise act, on 27/07/95 to order that "addition of chemicals and other ingredients like inert carriers or solvents and also surface active, dispersing and stabilising agents to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom144
..... .33. petitioner further contended that the owner of the building is admittedlyresiding for many years in pakistan and that under the provisionof the foreign exchange regulation act, 1963 no foreigner can hold property without the permission of the reserve bank of india. the power - of -attorny in favour of respondent is therefore ..... 25. petitioners submitted also that not withstanding the merits of their eithercontentions in respect of the retrospective operation of the amendment of section 22 of the act and its consequences, the eviction orders are vitiated, even in the light of the aforesaid provision of law as it stood before the amendment. in ..... rule that substantive rights should not be held ot be taken away except by express provision or clear implication, by express provision or clear implication, many acts, though prospective in form, have been given retrospective operation , if the intention of the legislature is apparent. these observation of were made while constraining the .....
Tag this Judgment!Court : Mumbai
Reported in : 2007ACJ1483; 2007(5)ALLMR151; 2007(4)MhLj321
..... carried in the vehicle' after the words 'injury to any person', which does not cause any change so far as position of a gratuitous passenger as under the act before said amendment. the argument of advocate shri chapalgaonkar, that insurance company is not liable to cover the risk of claimant, as he was a gratuitous passenger, ..... to that of tilak singh, advocate shri chapalgaonkar for insurance company drew our attention to the fact that section 147 is incorporated in chapter xi of motor vehicles act, 1988 and the said chapter is titled as 'insurance of motor vehicles against third party risks'. the chapter being pertaining to provisions of third party risk, words ..... chapalgaonkar has not disputed legal proposition that the legal provision applicable would be those as on the date of accident. he pointed out that section 147 of the act deals with the requirements (statutory) of the policy and limits of liability. that is the provision relied upon by counsel for owner as also claimant. as a .....
Tag this Judgment!Court : Mumbai
Reported in : [2004(102)FLR742]; 2004(4)MhLj583
..... normal relief in a case where retrenchment was found to be invalid for non-compliance with section 25f of the industrial disputes act is reinstatement, except in exceptional cases involving extraordinary circumstance which render it impossible or inequitable to direct such reinstatement.'12. the learned counsel for the ..... course of conciliation proceedings. the invalidity of the retrenchment was not cured by subsequent payment of the amounts due under section 25f of the industrial disputes act, nor did such receipt disentitle the workman to claim reinstatement if the retrenchment was found to be invalid when it was effected; and2. that the ..... of the respondent from the company but due to poor business the said respondent has been retrenched in accordance with the provisions of the industrial disputes act, 1947. the learned labour court has considered the said reference after giving opportunity to both the parties to lead oral as well as documentary evidence. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)
..... which until amendment of section 5(1) can never be granted.(f) the aforesaid reasons, inter alia, it is clear that the emr created under the impugned act is a draconian creature, and untrammelled by any constitutional restraints, it threatens and has in fact threatened the very fabric of constitutional guarantees and freedoms which constitute the ..... the beta crystals are inherent in and disclosed by the said canadian patent. hence, there has been no invention post 1.1.1995 as contemplated by the act.the technical information of the aforesaid canadian patent became public knowledge insofar as india is concerned way back in 1993 and any person could use, manufacture or sell ..... believe that it was a new molecule.b. it is submitted that the said emr has been granted without any scrutiny since :(i) section 24b of the act requires the relevant patent application to be filed in a 'convention country'. the plaintiffs allege that this requirement is satisfied by the filing of a swiss application. .....
Tag this Judgment!Court : Mumbai Nagpur
..... determinate class or group of individuals. what results in such cases is public injury and it is one of the characteristics of public injury that the act or acts complained of cannot necessarily be shown to affect the rights of determinate or identifiable class or group of persons: public injury is an injury to an ..... and meat. the footpath would be utilized by such vendors and serious embarrassment would be caused to the residents and particularly to women and children. there is bal hanuman temple in the vicinity and there is also establishment of the provident fund commissioner. it appears that the appellant had already been warned by the nagpur ..... the vicinity. there is nuisance also because people park their vehicles and then visit the bar. the bar is functioning even beyond mid night. there is a bal hanuman temple within 100 metres from the establishment. the visitors to the temple suffer inconvenience and embarrassment because abuses are hurled by the drunkards and inebriated customers. .....
Tag this Judgment!Court : Mumbai Nagpur
..... determinate class or group of individuals. what results in such cases is public injury and it is one of the characteristics of public injury that the act or acts complained of cannot necessarily be shown to affect the rights of determinate or identifiable class or group of persons: public injury is an injury to an ..... and meat. the footpath would be utilized by such vendors and serious embarrassment would be caused to the residents and particularly to women and children. there is bal hanuman temple in the vicinity and there is also establishment of the provident fund commissioner. it appears that the appellant had already been warned by the nagpur ..... the vicinity. there is nuisance also because people park their vehicles and then visit the bar. the bar is functioning even beyond mid night. there is a bal hanuman temple within 100 metres from the establishment. the visitors to the temple suffer inconvenience and embarrassment because abuses are hurled by the drunkards and inebriated customers. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the order passed by the assistant collector, rahuri, who failed to appreciate the set of facts and dismissed the application under section 84 of the btal act. considerations 9. on scrutiny of the impugned order, passed by the learned member of the maharashtra revenue tribunal, it is noticed that for following reasons ..... the application under section 84, according to the learned senior counsel, was deliberately moved in order to save limitation as contemplated under section 29 of the btal act. (k) further it was the submission of the learned senior counsel that the revision filed before the maharashtra revenue tribunal was barred by limitation. according to ..... original petitioner. petitioners in writ petition no. 3094 of 2001 are legal representatives of yadav mhatarba katore. 3. the application under section 84 of the btal act was in respect of certain lands, situated at mauje sonai, taluka newasa, district ahmednagar. the said application was pertaining to the following lands, situated at .....
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