Court : Mumbai
Reported in : 2006(3)BomCR705
..... in this act or the rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,-(a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited;(b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any other officer, as the case may be, being the licensing authority, to hold ..... received from general public including people's representatives considering the performance of dance in mind in eating houses, permit rooms or beer bars throughout the state.the following calling attention motion was tabled on 30th march, 2005 by shri vivek patil (panvel):the action to be taken by the government, measures and government's view on the damages caused to the number of families due to bars, started from last few months in the raigad district at panvel, khanda colony, kon, bhingari, new panvel, khalapur, pen .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR737
..... gad (pa)- 4 (d)-20-87 dated 21st april, 2005 (supra), which even while referring to the governor with respect to the accord of sanction to the creation of 7 posts of chief parliamentary secretaries and to the appointment of 7 persons mentioned therein, does not contain any stipulation nor lays down any provision as to the manner of appointment of these persons, who would be the appointing authority and what would be the terms and conditions of their appointment except to prescribe the salary and other perquisites to be received by them.xxxxx xxxxx xxxxx ..... 3 to 14 appointed in such a tearing hurry what was the compelling, urgent need to appoint them on or before 18th april, 2005 even when an on this date proper sanction was not in existence could the government not have waited for obtaining the proper sanction first and then to appoint these persons none of these questions has been answered by respondent no. 2. ..... this respondent claims that he was also appointed as `parliamentary secretary' in the year 2005 vide order dated 2nd august, 2005 but later he resigned and thereafter vide order dated 28th june, 2007, he was appointed as chairman of economic development corporation limited with the status and rank of cabinet minister and was not administered the oath of office or secrecy. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... i say that pursuant to the orders passed by this hon'ble court the chief secretary of the state had issued a circular dated 14th july, 2005 directing the divisional commissioners as also all the collectors of various district of maharashtra to carry out the work of updating the record of rights as per the directions given by this hon'ble court vide its order dated 22nd june, 2005 as per the schedule mentioned in the said circular. ..... even the circular dated 14th july, 2005 does not authorize or contemplate amendments to the record of rights without following the mandatory and statutory procedure prescribed under section 150 of the maharashtra land revenue code, 1956 and (v) in these circumstances, the amendments to the record of rights in the case of each individual plot are vitiated, ultra vires the provisions of section 150 of the maharashtra land revenue code, 1956 and void abinitio. ..... 1957 of 2006 is filed under article 226 of the constitution of india, challenging the communication (exh.j) dated 20th december, 2005 from the office of the forest conservator (security), mumbai to the tahsildar, kurla stating therein that a notice under section 35 of 1927 act has been issued and the said notice is applicable to survey number of the villages stipulated therein. ..... it is only in the year 2005 that the state government for the first time asserted that these lands had vested in the state since 30th august, 1975 and directed the entries to be made in the revenue records.41. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)MhLj856
..... said:its ubiquitous nature precludes any exhaustive enumeration of the powers which are thus exercised by the courts.the report also referred to article of i.h, jacob [ the inherent jurisdiction of the court (1970) 23 clp 23 in the following words:the source of the inherent jurisdiction of the court is derived from its nature as a court of law, so that the limits of such jurisdiction are not easy to define, and indeed appear to elude definition.jacob states that the courts power to control its own practice and proceedings ..... is accepted universally in application of criminal law is that in exercise of the powers conferred upon the high court under section 482 of the code, it should not embark upon an enquiry as to whether the allegations in the complaint are likely to be established by evidence or not and the court should not impinge upon the jurisdiction of the trial court while entertaining the quashing proceedings.5.8 the main purpose of exercising power to quash proceedings covered under section 482 of the code is that it will prevent abuse of process of court or secure ..... the protection of women from domestic violence act, 2005, thus was introduced to provide greater safeguard and protection to the women, by providing a chance for resettlement of matrimonial home and relationship prior to actual registration of the crime under section 498a of the code. ..... air 2005 sc 1567, the supreme court held as under:9. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR591; 2008(4)BomCR688
..... this rule has been further amended on 30th november, 2005 laying down that an ias officer holding the post of chief secretary to the state government can be given extension for a period not exceeding six months on the recommendation of the concerned state government with full justification, and in the public interest, with the prior approval of the central government.10. ..... these rules were amended vide notification dated 30th november, 2005 issued by the government of india, ministry of personal public grievances & pension (department of personnel and training) whereby extension of service for a period not exceeding six months to a member of the service holding post of chief secretary to a state government was provided.12. ..... according to the notification dated 30th november, 2005, issued by the central government, the exception of this rule is only applicable to the chief secretaries and not the director general of police and the commissioner of police. ..... however, with reference to the amendment issued by department of personnel and training (dopt) in november, 2005, the matter was placed for consideration of the higher authorities. ..... rule 16(1) was framed earlier but was amended for the first time on 13th may, 1998, then on 30th november, 2005 and finally on 12th june, 2006. ..... the petitioners filed applications under the right to information act, 2005, seeking copies of the relevant files. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3764
..... educational institution' means (i) a university established or incorporated by or under a central act; (ii) an institution of national importance set up by an actof parliament; (iii) an institution, declared as a deemed university under section 3 of the university grants commission act, 1956 (3 of 1956) and maintained by or receiving aid from the central government; (iv) an institution maintained by or receiving aid from the central government, whether directly or indirectly, and affiliated to an institution referred to in clause (i) or clause (ii), or a constituent unit of an institution referred to in clause (iii); (v) an educational institution set ..... in this petition filed under article 226 of the constitution of india, the petitioner has prayed that the respondents be directed to consider the candidature of the petitioner for admission to the mbbs degree course under other backward class category (for short, 'the obc') quota in the ensuing academic year in the armed forces medical college, pune [for short, 'afmc, (pune)']. 3. ..... since, the petitioner did not receive any reply, on 2/6/2008, he made an application under the right to information act, 2005 (for short, 'the rti act') asking respondent 2 to furnish necessary information to him. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2005Bom385; 2005(4)ALLMR875; 2005(6)BomCR55; 2006(2)CTLJ105(Bom); 2005(4)MhLj629
..... in our view, the wordings in the document in question are clear and unambiguous and as the document in question remained unchallenged till the invocation of the bank guarantee, the intrinsic oral evidence or earlier correspondence, executed between the appellants and the company cannot be resorted to, to bring in the intention of the document as sought to be contended by the respondents by treating the said document as a contract of indemnity and not a ..... to us, the express terms of the written agreement in question, supported by the testimony of the respondent-bank's officer itself, apart from the appellants, some statements in the cross-examination or raising doubts about the nature of the agreement by one of the bank witness, that itself would not affect the written agreement ..... document, therefore, as duly signed only by the respondent-bank in favour of the appellants on 4th september, 1985, was accepted without any demur and, therefore, became final between the appellants and the respondents, including the terms and conditions agreed to in the document irrespective of the clauses of the main agreement dated 25th september, 1983. 13. ..... its obligations and being a secondary and supplementary agreement in question arising out of the main contract, there remained no doubt that the parties are bound to honour the said document and, in the result, the claim as raised by the appellant-plaintiff arising out of the same was contract and within the framework of the said bank guarantee. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR848; (2008)110BOMLR2692
..... 9th sept, 2004 : said notice was published in a government gazette.13th may, 2005 : the deputy collector of town planning submitted a report in this regard to the state government.24/27th july 2006 : the government published requisite notification under section 37 of the mrtp act effecting amendment in regulation no. ..... expenditure exceeding ten lakhs rupees shall be made by the general manager unless the same is previously approved by the brihan mumbai electric supply and transport committee:provided that, where the previous approval of the committee is sought for any such contract by the general manager, the committee shall consider and dispose of such proposal within thirty days from the date of on which the item is first included in the agenda of any meeting of the committee, failing which, the previous approval shall be deemed to have ..... been given by the committee for such contract on the last day of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2005CriLJ2714
..... have been committed by a public servant, except with the previous sanction,--(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government;(b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government;(c) in the case of any other person, of the authority competent to remove him from ..... procedure, 1973 (2 of 1974), of an assistant commissioner of police; (c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank shall investigate any offence punishable under this act without the order of a metropolitan magistrate or the magistrate of the first class as the case may be or make any arrest therefor without a warrant :provided that if a police officer not below the rank of an inspector of police is authorized by the state government in this behalf by general or special order, he may also investigate any such offence .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR237; 2008(5)BomCR263
..... 33(4) open and any other interpretation would result in the words used in the order of the supreme court, namely, 'that the question of law raised in the special leave petition shall remain open' being rendered otiose;(iv) the plea of discrimination that is sought to be raised on behalf of the petitioners was rejected in the earlier judgment of the division bench and was not kept open by the order of the supreme court ; in any event, the petitioners have failed to discharge the burden cast upon them of establishing that they ..... the municipal corporation issued a notice on 20th april 2005 under section 354a of the municipal act followed by a notice under section 53(1) of the town planning act calling upon the petitioners to demolish the ground and three storeyed framework on the ground that it was beyond the approved plan. ..... on 8th february 2005, the concerned executive engineer of the municipal corporation informed the architect that 'necessary concessions for allowing additional fsi under regulation 33(4)...are approved by the municipal commissioner'.3. ..... on 26th may 2005, an advocate's reply was submitted to the municipal corporation with a request to treat it as an application for regularization under section 44 of the town planning act.4. ..... attention was invited to the noc given by the traffic control branch by letter of 16.3.2005. ..... on 29th january 2005, the chief engineer reported that there was no deficiency in open space and adequate car parking spaces had been provided for. .....
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