Court : Mumbai
..... on the floor of the state legislative assembly in spite of the mandate of section 15 of the maharashtra backward class commission act, 2005 nor did the state government placed the rane committee report before the state legislative assembly and, therefore, the fact that the state government did not allow the state legislative assembly to consider the issue of reservations becomes a relevant factor while examining the report of a committee headed by a minister on the basis of which the ..... impugned ordinance no.xiii of 2014 came to be issued on the eve of elections to ..... that maratha is a socially advanced and prestigious community; (c) the maharashtra state backward class commission (msbcc), which is a statutory commission constituted under the maharashtra state commission for backward classes act, 2005 ( 2005 act ), by its 22nd report dated 25 july 2008 has categorically rejected the demand for inclusion of 'marathas' as 'other backward class' for the benefits of reservation policy [bapat commission report]; despite, .....
Tag this Judgment!Court : Mumbai
..... 1 and 2 to give effect to and implement the orders dated 8/12/2005 and 20/12/2005 passed by this hon'ble court in writ petition no.3378 of 1989 by respondent 1 directing respondent 2 to restore and handover to the petitioners vacant and peaceful possession of the said land namely survey no.51/0 of village ulwe, taluka panvel, district raigad and pay to the petitioners compensation and/or damages for the wrongful use and occupation of the said property including for the excavation carried out and/or permitted and/or caused ..... to be carried out from 17/12/73 till possession thereof is restored to the ..... order dated 28 february 1989:-it is submitted that the order of the collector, raigad, dated 28 february 1989 is bad in law, and as recorded in the order of this hon'ble court dated 8 december 2005, and as confirmed in the order of this hon'ble court dated 2 february 2012, it has been withdrawn. .....
Tag this Judgment!Court : Mumbai
..... (* * *) of a sick and/or closed cotton textile mill and on such conditions deemed appropriate and specified by him and as a part of a package of measures recommended by the board of industrial and financial reconstruction (bifr) for the revival/rehabilitation of a potentially viable sick and/or closed mill, the commissioner may allow: (a) the existing built-up areas to be utilized (i) for the same cotton textile or related user subject to observance of all other regulations; (ii) for diversified industrial user in accordance with ..... considering the above events on record, the aspect of delay and laches also cannot be overlooked while passing the adverse order in such development, based upon the valid permission/approval since 27 december 2005, specifically when the petitioner has knowledge as resident of the same area ..... it is relevant to note that the respondent-corporation by detailed reply, not accepted the case of the petitioner and averred as under: 4) i say that the iod in respect of the said building was issued on 27.12.2005 for building comprising of ground + three upper floors (office) and plans were ..... for acquiring the property have also spent more than rs.600 crores since 2005 till the date of ..... the agreements registered with the prospective purchasers are also with them, based upon deed of conveyance dated 15 july 2005 registered with the office ..... the petitioner's brief synopsis is as under: on 15 july 2005, by registered conveyance, respondent no.4 purchased plot of land .....
Tag this Judgment!Court : Mumbai Nagpur
..... of any license, permit, pass or authorization granted under this act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such license, permit, pass or authorization such holder shall; in addition to the cancellation or suspension of the license, permit, pass or authorization granted to him be punished, on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred ..... or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable offences and within his view of non-cognizable offences ; (c) to prevent to the best of his ability the commission of public nuisances; (d) to apprehend without unreasonable delay all persons whom he is legally authorized to apprehend and for whose apprehension ..... chhattisgarh sebb,(supra) as also the law on the point are not considered, the exposition by earlier division bench or learned single judge of this court can not be accepted as ..... of maharashtra and ors.2006 (1) ljsoft 130 = 2005 all mr (cri) 130 is the judgment dated 4.4.2005 delivered by the learned single judge. ..... learned single judge's judgment reported at 2005 all mr (cri) 3100 (santosh laxman nayak and others . ..... 4561/2004 on 15.12.2005, is also pressed into service by him. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of pay of laboratory assistants as non-teaching staff of private colleges shall be on a par with the government employees and this court held that even though there were no statutory rules, the laboratory assistants as non-teaching staff of private college were entitled to the parity of the pay scales as per the executive instructions of the government and the writ jurisdiction of the high court under article 226 of the constitution is wide enough to issue a writ for payment of pay on a par with government employees ..... as per the reference order, the constitution bench had to decide on the validity of clause (5) of article 15 of the constitution inserted by the constitution (ninety-third amendment) act, 2005 with effect from 20.01.2006 and on the validity of article 21a of the constitution inserted by the constitution (eighty-sixth amendment) act, 2002 with effect from 01.04.2010. ..... hon'ble constitution bench holds that none of the rights under articles 14, 19(1)(g) and 21 of the constitution have been abrogated by clause (5) of article 15 of the constitution and that the (ninety-third amendment) act, 2005 of the constitution inserting clause (5) of article 15 of the constitution is valid. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... eight hundred instructional hours per academic year for first class to fifth class;(iv)one thousand instructional hours per academic year for sixth class to eighth class4.minimum number of working hours per week for the teacherforty-five teaching including preparation hours.5.teaching learning equipmentshall be provided to each class as required6.librarythere shall be a library in each school providing newspaper, magazines and books on all subjects, including ..... (ii) barrier-free access; (iii) separate toilets for boys and girls; (iv) safe and adequate drinking water facility to all children; (v) a kitchen where mid-day meal is cooked in the school; (vi) play ground; (vii) arrangements for securing the school building by boundary wall or fencing3.minimum number of working(i)two hundred working days for first class to days/instructional hours in an fifth class; academic year;(ii)two hundred and twenty ..... 2013 with other connected writ petitions) decided on 12.3.2014 and in particular para 7 thereof and submits that, when the conditions are stipulated in the appointment letter in that case, the services are governed by the said conditions like this court, held in the facts of megha kale (supra) that merely because a bond is executed by a candidate out of the rules of admission and further completion of bond period ipso facto does not confer any right on such candidate to ..... submitted that the government decided to regularize the services of 599 teachers vide resolution dated 06.05.2005 .....
Tag this Judgment!Court : Mumbai Nagpur
..... in terms of the policy of the state government incorporated in the government resolution dated 10-6-2005, the respondent no.1 was required to be absorbed in the vacancy of mr. ..... as per the scheme of shikshan sevak, contained in para 9 of the government resolution dated 10-6-2005, which is incorporated under section 5 of the meps act, such a teacher needs to be absorbed as a full time teacher on availability of such a post in the concerned subject. ..... it is submitted that as per clause 13 of the government letter dated 10th june, 2005 the part time teacher does not possess any status of permanency and also they does not have any right of service protection and other benefits of permanent teachers. ..... it is surprising how the deputy director of education has taken a contrary stand in his affidavit dated 15-4-2014, which is also not in conformity with the government resolution dated 10-6-2005, referred therein. ..... the government resolution dated 10-6-2005 is in respect of implementation of the revised scheme of shikshan sevak in private aided secondary/higher secondary schools, junior colleges, b.ed. ..... the reliance is placed upon the government resolution dated 10-6-2005. 14. ..... clause 9 under the government resolution dated 10-6-2005 is in marathi. .....
Tag this Judgment!Court : Mumbai
..... commercial tax officer2005 (1) scc 625, the supreme court has held that in order to invoke the doctrine of promissory estoppels clear, sound and positive foundation must be laid in the petition itself by the party invoking the doctrine and bald expressions without any supporting material to the effect that the doctrine is attracted because the party invoking the doctrine has altered its position relying on the assurance of the government would not be sufficient to press into aid the doctrine. 53. ..... ):- schedule for admission of post graduate courses:- broad speciality state quotaall india quota1st round of counsellingto be over by 30th marchbetween 4th april and 16th aprillast date for joining the allotted college and course7th april26th april2nd round of counselling for allotment of seats from waiting list27th april to 3rd may9th may to 13th maylast date for joining for candidates allotted seats in 2nd round of counselling10th ..... as recorded above is illegal, contrary to law, discriminatory, arbitrary and not in the interest for people at large, as well as, the constitutional provisions including articles 14 and 41 of the constitution of india, the court therefore, by invoking this writ jurisdiction and interfering the policy/circular only to this extent and to fill the lacuna/vacuum at this stage of the admission directing the state to stick to the last year scheme and policy of 2012-13 and 2013-14, as that will be in view of their own earlier declaration and .....
Tag this Judgment!Court : Mumbai
..... into such arrangements and agreement as our attorney may deem fit for the purpose of obtaining consent from the tenants and occupants in occupation of the structure on the said property for the purpose of repair and reconstruction of the tenants structures and for obtaining the development right certificates in respect of the balance fsi available in respect of the said property, with the prior approval of the official trustee, maharashtra state and at the entire risk, cost and expense of the said attorney." 13. ..... even the municipal corporation in its letter dated 31-12- 2005 addressed to the principal secretary, urban development department, government of maharashtra, had expressed the view that the application made by the appellants for construction of a luxury hotel with additional fsi under the dc rules, 1967 be granted under rule 10(2) of the rules. ............ ..... by a letter dated 14th june, 2006, informed the developer that the stay on the noc earlier granted by it on 2nd april, 2004, was vacated in view of the order dated 10th october, 2005 of the division bench. ..... the developer by its letter dated 1st december, 2005, forwarded copies of the order in trust petition no.5 of 2004 to mhada and requested mhada in the light thereof to further process its applications and to vacate the stay on the noc granted earlier by mbrandrb. ..... appeal no.713 of 2005, filed by the official trustee was dismissed by an order and judgment of a division bench of this court dated 10th october, 2005. .....
Tag this Judgment!Court : Mumbai
..... xxxxx xxxxx xxxxx (1) the proper law of the arbitration agreement governs the validity of the arbitration agreement, the question whether a dispute lies within the scope of the arbitration agreement; the validity of the notice of arbitration; the constitution of the tribunal; the question whether an award lies within the jurisdiction of the arbitrator; the formal validity of the award; the question whether the parties have been discharged from any obligation to arbitrate future disputes ..... as already stated since the suit has been filed for declaration to declare that the revision petitioner is not a partner with effect from 18.11.2005, and for consequential injunction restraining the petitioner from disturbing the smooth functioning of the first respondent firm, the issue relates to the causes which compelled the respondents to expel the revision petitioner from the partnership firm and the necessity to reconstitute the firm by entering into a fresh partnership ..... kumar and another reported in (2005) 1 scc 787 in support of his submission that there is absolute bar in relation to issues which are already decided between the parties from agitating the same in the later proceedings between the same parties. ..... it was his contention that the partnership deed dated 6th of december, 2005 was not a valid one as it was not framed in compliance with the requirements under the partnership act. ..... collector and another reported in (2005) 7 scc 190 on the issue of estoppel raised by the petitioner. .....
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