Court : Mumbai
Reported in : 2008(5)ALLMR376; 2008(4)BomCR653; 2008(5)MhLj436
..... directed to treat the application of the petitioner to be dated 16.8.1994 and place him in the seniority list at an appropriate location on the basis of the same.according to petitioner, government has issued directions under act xi of 2001 from time to time and directed that 5% of class iii and iv seats in the government or corporations to be filled in directly from pap, in accordance with the seniority list maintained by the ..... the manner of implementation of government guidelines pertaining to appointment of project affected persons (pap for short), the petitioner has approached this court with prayer for threefold relief as under:(a) quash and set aside the requirement of submitting an application and competing with other candidates as provided in the advertisement dated 17.8.2007, issued by ..... which say that not only in the matters of irrigation projects but in the appointments to all the projects of government and irrespective of the fact whether maharashtra rehabilitation of project displaced persons act, 1976 is applicable to the said project or not pap or their dependents should be given highest priority for appointment to iii and iv class posts on the establishment. ..... societies, tamil nadu air ..... an agriculturist in the field for years together, as soon as the land is acquired, may not be able to come to terms either to purchase another land from the money received by him ..... relaxation of upper age limit by equivalent period for which even service of temporary nature is rendered. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)BomCR388
..... of tamil nadu) : [1975]2scr356 ..... as per communication dated 15-5-1995 of the director of education, the appointment of the teachers in vocational courses had to be purely on temporary basis without any right to claim, extension, regularization or confirmation and the appointing authority had to seek approval of the department for continuation of the staff for each academic year with sufficient enrolment in each ..... there is neither any termination nor demotion of the petitioner and since the appointment of the petitioner was purely temporary without any claim of confirmation, extension and regularization as envisaged by the vocational education scheme, the petitioner is not entitled to the reliefs prayed for. ..... also discloses that the appointment of the staff and the teachers for the said courses was to be upto the end of a particular academic year and that too on temporary basis, without claiming any further extension, regularization and confirmation. ..... , in our opinion, the petitioner is not entitled to the relief of mandamus sought for in respect of the order passed by ..... the appointment was again purely temporary for the academic year ..... submitted that the petitioner having not reacted against the appointment as double part time teacher for the academic years 1996-2000 is not entitled to any relief since the petitioner is guilty of gross, unexplained laches. ..... the petition is not maintainable since the petitioner has alternate remedy under section 22 of the goa school education act, 1984. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR283; (1990)92BOMLR596
..... case what was under consideration was the grant of an exemption to religious and charitable public trusts by the state of tamil nadu vis-a-vis properties owned by the said trusts from the fetters of the corresponding rent control legislation. ..... who appeared for the ongc, made it clear at the outset that he was not disputing the proposition (a) that the ongc is 'state' within the meaning of article 12 of the constitution; and (b) that it has a duty to act reasonably and fairly so as not to infringe the provision of articles 14 and 19 and also in consonance with the directive principles of state policy set out, inter alia, in articles 38 and 39(b) of the constitution. ..... to say in justification of the exemption :-'now, it is clear that in this case the legislature was not in any sense exempting the government from the operation of the act in order to permit the government to do the very thing which the legislature was prohibiting in the case of landlords who were not a local authority or central or state government ..... the bpt's answer is that chapter vi applies only to rates chargeable by it in respect of temporary or transitory leases and that too in respect of property 'within the limits of the port or the ..... meeting the proposals were accepted in toto, it being resolved that iniquities in individual cases could be looked into by the management to give relief against unintended distress. ..... on 1st january, 1975 and 1st january, ..... 2719/83.1975 1,262.461983 5,234.748) nuriddin kalimuddin - .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(1)BomCR367
..... is rejected; (d) the criticism levelled by the state government against the learned advocate general is unwarranted and the attempt to mulct him cannot but be deplored; (e) as long as government circular dated 31st march, 1981 is in force, it must be acted upon and unless any allotment is earmarked for a particular purpose by the central government or any condition is attached thereto by the central government, distribution of ad hoc allotments must be in accordance with the law and in the ..... the guidelines for sanctioning cement by the tahsil/city/regional level cement distribution committees as laid down in the government resolution of 12th september, 1978 were reiterated and nine categories were classified, commencing with agriculturists and ending with 'all categories of consumers for repairs and maintenance', with builders and developers ranking seventh in the category. ..... syed yakoob, under secretary to government of maharashtra, addressed to the regional cement controller, wherein, in connection with an ad hoc allotment from a certain tamil nadu factory, it stated, inter alia, that 500 m.t. ..... there is specific reference to the receipt by the state government of quarterly allotments and to a temporary phase of receiving some additional quantity of cement, not by way of ad hoc allotments from the central government, but from factories in karnataka by way of barter for electricity supplied by the state ..... . 'this is a 1975 project kamgar co-op (residential of industrial .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... summarised the contention that a mere declaratory relief should not be granted thus :'it is said the plaint sins against the specific relief act which forbids the court to entertain a suit for a declaratory which may be followed by consequential relief, unless that relief be asked for specifically - and so ..... a motion for dismissal should be given to a teacher and the prohibition against dismissal without due deliberation was that a teacher was a appropriate circumstances accorded the right to be heard; the relevant provisions of that act were only explainable on that basis; there could be no reason for the giving of notice unless it was to afford the teacher an opportunity to prepare his defence; without affording the teacher a hearing, a ..... may, having regard to - (i) the fact that any person or company (including its branch), referred to in sub-section (1), is carrying on any activity referred to in clause (a) of that sub-section at the commencement of this act or has established a branch, office or the place of business for the carrying on of such activity at such commencement, in either case, in pursuance of any permission or licence granted by the central government; and (ii) in the nature ..... state of tamil nadu, : (1974)illj172sc 'the basic principle which, therefore, informs both articles 14 ..... state of west bengal, : [1975]2scr832 , no doubt in the context of a case of termination of service of a government servant, that there is ..... moir [1975] 1 qb 373 the court of appeal ..... 1975 .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR369
..... contended that the policy of the state of maharashtra has been not to acquire agricultural land owned by poor persons for various public purposes as as a result of such acquisition poor agriculturists are rendered landless and deprived of their only means of livelihood. mr. ..... government of tamil nadu and another, reported ..... also constructed places of residence for the agriculturists as also a huge water storage tank. ..... plaint, the petitioner inter alia contended that though the petitioner had filed his objections under section 5a of the said act, no hearing was given to him and, therefore, the section 6 notification as well as the award were vitiated. ..... it is the petitioner's contention that without issuing any fresh notification under section 4 of the said act, a fresh notification under section 6 was published on 7th july, 1979 and an award was passed by the special land acquisition officer on 15th ..... apart from the above, the petitioner is guilty of delay and granting reliefs to the petitioner would amount to putting a premium on dilatory tactics. ..... temporary injunction was in fact granted on 28th march, 1980 as applied for by ..... state of rajasthan, reported in : [1975]2scr68 held as follows :'.....that if a person allowed the government to complete the acquisition proceedings on the basis that the notification under section 4 and declaration under section 6 were valid and then attacked the ..... governor of delhi, reported in : [1975]1scr802 and indrapuri griha nirman sahakari samiti ltd .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... . in state of tamil nadu's case (supra), the grievance of the appellant -state of tamil nadu was that the tribunal under the interstate water disputes act, 1956, wrongly decided that it had no jurisdiction to entertain any interim application, as such dispute was not referred to in the reference made by the ..... be a member and if the court fees such claim does not constitute to be a rectification but instead seeking adjudication of basic pillar some such facts falling outside the rectification, its discretion to send a party to seek his relief before civil court first for the adjudication of such facts, it cannot be said such right of the court to have been taken away merely on account of the deletion of the aforesaid proviso ..... defined to mean any person who directly or indirectly acquires or agrees to acquire shares for voting rights in the target company or acquires or agrees to acquire control over the target company either by himself or with any person acting in concert with the acquirer; (ii) regulation 3(1)(k) makes it explicit what was implicit in regulation 3 of 1994 by providing that the exemption under clause (k) (acquisition of shares in unlisted companies) shall not be applicable if, by virtue of acquisition or change of control ..... was held that the contract was not void, and there was nothing in the act to indicate that the legislature had prohibited a contract to transfer land between one agriculturist and another ..... chief officer, town municipal council : [1975]1scr680 and d.l .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... provisos read as under :'provided that, the development proposal, for which the permission was applied for, is strictly in conformity with the requirements of all the relevant development control regulations framed under this act or bye laws or regulations framed in this behalf under any law for the time being in force and the same in no way violates either the provisions of any draft or final plan or proposals ..... they read as under:'provided that, the development proposal, for which the permission was applied for, is strictly in conformity with the requirements of all the relevant development control regulations framed under this act or bye laws or regulations framed in this behalf under any law for the time being in force and the same in no way violates either the provisions of any draft or final plan or ..... powers to require removal of unauthorised development, to stop any unauthorised development in progress and to remove summarily any unauthorised development of a temporary nature, the penalty for unauthorised development or for use otherwise than in conformity with development plan, has been enhanced. ..... such actions should not to be treated as routine infractions of law but very seriously viewed and the court should, if satisfied grant relief which would include demolition of the entire structure which has come up illegally and further direct sanction of criminal prosecution against the persons found to have abused power for corrupt ..... of tamil nadu, : ..... , : [1975]1scr956 , where .....
Tag this Judgment!Court : Mumbai
Reported in : 1986MhLJ882
..... in vidarbha region the area towhich the rent control order 1949 applies there is certain duplication or preceedings as a person is required to approach the rent controller, before the canfile a suit in the civil court for appropriate relief the differecne in the procedure by itself would lnot signify anything unless by proper pleadings and evidence it be pointed out that theexistence of the two sets of authorities in vidarbha region results in a hardship such as to render their existence ..... therefore, section 30 (ii) of the tamil nadu buildings (lease and rent control ) act, 1960 has tobe struck down ao violative of article 14. ..... general traders' case air 1984 sc 121 and prabhakar rokde's case, : air1986bom64 , the ratio of which directly applies tothis notification also it is evident that thoug the exemption may not have been objectionable as a transitional or temporary measure at an initial stage, it became discirminatory and violative of article 14 of the constitution as it persited invoer a long period without any justification. ..... bra 2174/9011 d-57, dated 6th august 1975) and the committee after deliberations and review of various legislations prevailing in the state had made a report in 1977 recommending certain measures and having a uniform legislation in the whole state. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)BomCR376; [2001(91)FLR37]; (2001)IILLJ1349Bom; 2002(1)MhLj626
..... a substantive complaint, the jurisdictions have been compartmentalized inasmuch as the labour court has no jurisdiction to entertain complaints other than complaints falling under item 1 of schedule iv of the 1971 act and, conversely, the industrial court has been given powers to entertain complaints in all other matters, it does not mean that the industrial court, while exercising jurisdiction within the sphere legitimately ..... way of construing the proviso would be that even if there exists a recognized union, which has not appeared for the employee who invokes items 2 and 6 of schedule iv of the 1971 act in his complaint to the industrial court, then the employee is entitled to continue such proceedings before the industrial court subject to one exception, namely, if the trade union appears in court ..... by consent of both sides reserving liberty to the company to raise objections regarding jurisdiction to grant reliefs before the industrial court in the case of temporary workmen who had been removed from service during the pendency of their complaints.23. ..... . state of tamil nadu, : [1996]2scr422 is strongly relied upon to contend that the test of two ..... iii (current list) in viith schedule to the constitution, the state legislature enacted the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 which was reserved for the assent of the president, received such assent on 1st february 1972 and was brought into force from 8th september 1975 .....
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