Court : Mumbai Nagpur
S.C. Dharmadhikari, J. On this writ petition, from time to time, orders have been made directing that it would be heard finally at Admission stage. Accordingly, we proceed to issue Rule and by consent of parties, all of whom are appearing through advocates and waive service, we dispose of this writ petition finally by this judgment. 2} By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24th February 2011 by which the Vice Chancellor of the 1st respondent-University has withdrawn and cancelled the approval to the appointment of the petitioner as a lecturer in Mass Communication in Central India Institute of Mass Communication administered by Institute of Educational Research and Development Affairs, Nagpur. It is also declared by this order that the petitioner shall cease to be a teacher within the meaning of section 2(34) of the Maharashtra University Act, 1994 (for short “M.U. Act”) from the date of this orde...
Tag this Judgment!Court : Mumbai Nagpur
S.C. Dharmadhikari, J. On this writ petition, from time to time, orders have been made directing that it would be heard finally at Admission stage. Accordingly, we proceed to issue Rule and by consent of parties, all of whom are appearing through advocates and waive service, we dispose of this writ petition finally by this judgment. 2} By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24th February 2011 by which the Vice Chancellor of the 1st respondent-University has withdrawn and cancelled the approval to the appointment of the petitioner as a lecturer in Mass Communication in Central India Institute of Mass Communication administered by Institute of Educational Research and Development Affairs, Nagpur. It is also declared by this order that the petitioner shall cease to be a teacher within the meaning of section 2(34) of the Maharashtra University Act, 1994 (for short M.U. Act) from the date of this order. 3} The peti...
Tag this Judgment!Court : Mumbai Nagpur
A.B. Chaudhari, J. 1. Heard. Rule. Rule returnable forthwith. All these matters are taken up for final disposal with consent of the learned Counsel for the rival parties. 2. In these letters patent appeals and writ petitions, learned Counsel for both parties made their submissions on the questions, which we have framed in this judgment. 3. Advocate Shri Khapre appearing for the appellant in Letters Patent Appeal No.368/2011 made the following submissions : (i) The Bombay Public Trusts Act, 1950 was enacted to regulate and make better provisions for the administration of public religious and charitable Trusts in the State of Bombay. Various officers who are required to implement the provisions of the said B.P.T. Act, 1950, namely the Assistant Charity Commissioner, Deputy Charity Commissioner, Joint Charity Commissioner and Charity Commissioner are performing judicial functions or in respect of some provisions; the quasi-judicial functions. That is evident from the reading of several pr...
Tag this Judgment!Court : Mumbai
JUDGMENT: 1. This petition challenges the judgment and order dated 27-2-2002 passed by the Industrial Court, Nagpur, in Complaint (ULP) No.51 of 2001, declaring the action of closure of the Regional Accounts Office, Nagpur, and retrenchment of the employees with effect from 5-1-2001, taken by the petitioner-Company to be illegal and amounting to an unfair labour practice covered under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions & Unfair Labour Practices Act, 1971 (for short, "the MRTU & PULP Act") and further directing withdrawal of the same and restoring the position prevailing prior to 5-1-2001. 2. The facts leading to this case are as under : Brooke Bond (India) Private Ltd. was a Company registered under the Companies Act, 1956 and it started the business of purchase of tea at the Indian auctions, processing, blending and packing the same in suitable packages in the year 1912. The Head Office of the said Company was at Calcutta and its first factory...
Tag this Judgment!Court : Mumbai Nagpur
1. This writ petition is entertained as Public Interest Litigation (PIL) as per the orders of Hon'ble the Chief Justice dated 30/10/2007. Briefly stated, the grievance is about an activity in the shape of an educational institute and a students hostel in residential area. It is alleged that the construction is raised without legal sanction from the competent authority. Respondent No. 5 before this Court is that institute while Respondent No. 4 is the Gram Panchayat which claims to have sanctioned the same under Section 52 of the Bombay Village Panchayat Act,1958, (hereinafter referred to as "the 1958 Act" for short). Respondent no. 6 is the Zilla Parishad which can control/suspend actions/resolutions passed by Gram Panchayat in this respect. At one time it was the stand of authorities that Standardized building bye laws for B and C class municipal councils prescribed under Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act (40 of 1965) needed to be followed (...
Tag this Judgment!Court : Mumbai
1. The preliminary issues were raised on 15th April, 2011. I rejected the preliminary issues before proceeding to hear the parties on the merits of the matter. I heard the parties on merits from 20th April, 2011. However, both the parties stated that they had no objection to my dealing with the preliminary objections and the Notice of Motion by a common order and judgment. 2. The following preliminary issues have been framed :- ISSUES I) Whether the suit is maintainable in the absence of a notice under section 164 of the Maharashtra Co- operative Societies Act, 1960 ? II). Whether this Court has no jurisdiction to entertain this suit in view of sections 91 and 163 of the Maharashtra Co-operative Societies Act, 1960 RE. : SECTION 164 : 3. Defendant No.71 is the Bombay Catholic Co-operative Housing Society Limited (hereafter referred to as "the society"). Defendant No.2 to 70 are tenants, tenant-members and members of the society or occupants on the property of the society. Defendant No...
Tag this Judgment!Court : Mumbai
:1. In this petition filed under Article 226 of the Constitution of India the report dated 8th March, 2008 submitted by the three Member Committee of respondent No.1 has been brought in question. The last two concluding paragraphs of the said report read thus:- "32. Similarly the prayers for affiliation as a member of the Board made by the ABC and the CAB before us cannot be considered by us and such affiliation can only be achieved by applying to the Board in the manner prescribed under Rule 6 of the Rules and Regulations of the Board, which application would be considered on its merits in accordance with the Rules & Regulations of the Board.33. The Committee therefore concludes that the original Bihar Cricket Association with its headquarters at Keenan Stadium, Jamshedpur, subsequently renamed as the Jharkhand State Cricket Association, Kennan Stadium, Jamshedpur, is the Full Member of the Board as provided under Clause 3 of the Rules and Regulations of the Board, if the newly forme...
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR1802
ORDERMAHARASHTRA Universities ACT, 1994 -No. Rajabh-2009/(71/09)/VE-2. -- Whereas, the Vice-Chancellor of a University is the principal academic and executive officer of the University, and is responsible for development of the academic programmes and general administration of the University for ensuring efficiency and good order of the University;And whereas, the Vice-Chancellor is required to ensure the highest level of education and encouraging good quality research, collaborative arrangements, extension activities and appropriate technological and infrastructural resource base, etc.And whereas, the Vice-Chancellor is required to shape up the overall personality of the students in line with the National and Social priorities,And whereas, having regard to the position of the Vice-Chancellor as aforesaid, it is expedient to provide a person being appointed shall possess certain qualifications and experience ;Now, therefore, in exercise of the powers conferred by Clause (d) of Sub-sect...
Tag this Judgment!Court : Mumbai
P.B. Majmudar, J.1. Whether it is open to the department to prescribe a certain percentage of quota between degree holders and diploma holders in the matter of promotion from the post of Junior Engineer to the Assistant Engineer is the question which is raised in the present petition at the instance of the petitioners.2. The petitioners are working as Junior Engineers in the Electrical Department of the Administration of Union Territory of Daman and Diu. The petitioners are the diploma holders in Electrical Engineering and are serving with respondent No. 1 since 1983. The post of Junior Engineers comprises of diploma holders as well as degree holders. The graduate engineers are those who have attended a five year Degree Course in Engineering and obtained the qualification of Bachelor of Engineering (B.E.) whereas diploma holders are those who have attended a three year diploma course in Engineering.3. So far as the post of Junior Engineer is concerned, the same is Assistant Engineer (E...
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)BomCR352; 2010(1)MhLj470
Ranjana Desai, J.1. Rule. Respondents waive service. By consent of the parties taken up for hearing forthwith.2. The petitioner claims to belong to Chamar caste by birth which is recognized as Scheduled Caste in the State of Maharashtra. In this petition filed under Article 226 of the Constitution of India the petitioner is seeking quashing of order dated 3/1/08 passed by the Scrutiny Committee, Mumbai Division ('Scrutiny Committee' for short) with further direction to the Scrutiny Committee to issue certificate of validity in respect of caste certificate dated 5/8/04 issued by the Deputy Collector, Thane. The petitioner has prayed for a declaration that caste certificate dated 5/8/04 issued in her favour is valid, legal and subsisting. The petitioner has also sought directions to respondents 3 and 4 to handover B Tech degree to her and to release her mark sheets to her.3. The petitioner was born on 19/3/1986 at Mulund, Mumbai. She was admitted to the Omkar English Medium School, Dombi...
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