Court : Mumbai
Reported in : AIR1986Bom436; [1985(50)FLR411]
..... to be surplus land; and out of the land so transferred and in possession of the transfere (unless such land is liable to forfeiture under the provisionof sub-s (3)), land to the extent of such deficiency shall ..... shall be taken into consideration, and the land exceeding the ceiling area so calculated shall be, deemed to be in excess of the ceiling are for that holding, not withstanding that the land remaining with him or with the family unit may bot in fact be in excess, of the ceiling area.if by reason of such transfe, the holding of aperson, or as the case may be of the family unit is less than the area so calculated to be in excess of the ceiling area, then all the land of the person, or as the case may be the family unit shall be deemed ..... philomina : [1977]1scr273 dealing with the kerala land reforms act, 1963. ..... after all we ae concerned with a welfare legislation interpretation of and approach to which ha always to be purpose oriented and keeping in view national goals enshrined in part iv of the constitution.18. ..... state of u.p : [1980]3scr1159 are that in 1970-1971 new agraian policy for reducing the ceiling limit was announced. .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)88BOMLR230; 1987MhLJ665
..... in karmachari sangh's case 1980 l ic 1325 (supra) the petitons attempt to demonstrate that on account of reservation percentages coupled with the carry forward rule it waas perfectly within the relm of possibility that in some years a monoply might be conferred on the sc and st candidates for certain categories or classes of posts, was repelled with the words- 'the mystic do not scare us. ..... seervai bitterlyl complaints that though the committee's report is referred to in ratnaparkhis affidavit and government relies on it, a copy thereof was not furnished to the petitioner advocate despite a writtern request. ..... even though different sevices may have their own nuance , indisputably all servies are equally important , viewed as they must in the context of society at large of for whose welfare and benefit each service is intended. ..... it is therefore not posible to say that he president acted arbitrarily in the exercise of his judgement in enacting para 3 of the constitution (scheduled castes ) order, 1950 .... ..... the relevant and ill touchstone of validity is to find out whether the rule of preference secures adquaute representation for the unreprenseted back ward community or goes beyond it' state of kerala v. no.m. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR351
..... damania is not relevant to the facts of the present case because in the said case the issue was that the contravention of section 33 does not render the order of discharge of dismissal void and inoperative and that the only remedy available to the workman for challenging the order of discharge or dismissal is the one that was provided under section 33-a of the act, apart from the remedy under section 10 of the act and he cannot maintain an application under section 33-c(2) of the act for the determination and payment of wages on the basis that he continues to be in service. ..... position that while exercising jurisdiction under article 226 and/or 227 of the constitution, this court does not exercise the powers of on appellate court but when it is brought to the notice of this court that in interpreting and appreciating the evidence on record, the lower court or the tribunal forget the principles of benevolent construction especially in a social welfare legislation like the one with which we are concerned, nothing prevents this court from interfering with the orders like the one under scrutiny now. ..... . gujarat steel tubes majdoor sabha : (1980)illj137sc wherein it was held in paragraphs 149, 150 and 151 as under :'149 ..... thorat, industrial tribunal (1980)40 f.l.r. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(15)ECC353; 1987(30)ELT180(Bom)
..... if it is not possible to identify the persons on whom had the burden been placed for payment towards the fund, the amount of the fund can be utilised by the government for the purpose for which the fund was created, namely, development of sugarcane. ..... in paragraph 14 of its judgment the supreme court said that the principles laid down in the case referred to earlier were based upon the specific provisions in those acts, but thought that the same principles can safely be applied to the facts of the case before it inasmuch as the claimants did not have to pay the amount from their coffers. ..... putting forth this view a letter was addressed on behalf of the petitioner to the secretary, ministry of finance on 15th of november 1980 informing the latter that the petitioner had been paying excise duty on lozenges under a mistake of law which was common to both the petitioner and the respondents and calling upon the respondents to refund an amount of rs. ..... sethna, the learned advocate appearing for the respondents, has stated that no affidavit has been filed partly at any rate for the reason that the record of the case which is an old one could not be traced. ..... similar was the observation made by a bench of seven judges of the supreme court in state of kerala v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(1)BomCR168
..... the social control one of the primary considerations which should weigh with the court is that as the directive principles contained in the constitution aim at the establishment of an egalitarian society so as to bring about a welfare state within the framework of the constitution, these principles also should be kept in mind in judging the question as to whether or not the ..... the government of maharashtra had in the year 1980, appointed a committee of experts for making recommendations for formation of zones for drawal of sugarcane by the sugar factories in the state;and whereas the state government has received the recommendations of the said expert committee;and whereas the government of india has granted letters of intent for establishment of new sugar factories and has stipulated therein that the conversion of the letters of intent into industrial licences shall inter alia, depend on the state government notifying the ..... the petitioners in these writ petitions, who are either co-operative sugar factories or sugarcane growers, have challenged the order issued by the state government on 12th september, 1984, known as the maharashtra sugar factories (reservation of areas and regulation of crushing and sugarcane supply) order, 1984 (hereinafter referred to as 'the order') it is contended by the petitioners that the impugned order is outside the scope of the essential commodities act or the sugar control order, 1966 issued by the ..... upon the decision of the supreme court in the kerala .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR422
..... this is deduced from the relevant provisions of the banking regulation act, 1949, the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 (see sections 46a, 14 and 14 respectively of the three acts). ..... a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction - (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the union of the central government. ..... letter dated 9-2-1983 was addressed to accused 1 by complainant's advocates wherein a detailed picture of the forging of od174 was set out and there was a definite allegation that the forgery was the work of bank officers at all levels. ..... this contention has to be weighed along with the allegation that this insistence was to cover a loss sustained by the bank by the dishonest release of funds to aid the parikh brothers. ..... state of kerala, and kundan lal sharma v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(1)BomCR195
..... shri gandhi who has represented first respondent in the trial court did not achieve the object as the learned advocate declined service on the ground that he was not engaged after the matter was over in the small causes court, though it cannot be over-looked that the first respondent on his own admission had contacted shri gandhi on the 19th and obtained his advice in that behalf and the learned advocate rightly informed him that if the injunction did not continue under ..... state of kerala intervener, : [1968]1scr148 the supreme court, though being required to consider the relevant provisions of the sales tax act referred to this aspect also to find out whether a proviso to the substantive provision necessarily serves as an exception or can be treated as the substantive provision itself, held that in a given case, though exceptional may be, such a situation may arise where the proviso can be treated as substantive provision and not an exception. ..... with this desire he approached the respondent in february 1980 and after negotiations between the plaintiff and his brother and the respondent an agreement was arrived at between the parties under which the respondent agreed to give on rent the second and the first floor in the proposed building after construction to the petitioner and his brother for which the petitioner agreed to advance a loan of rs. ..... the building was constructed with the same funds and obviously the petitioner was entitled to get possession of the suit premises. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1987Bom248; (1987)1BOMLR168
..... chellenged the order issued by the state government on 12th september, 1984 known as themaharashtra sugar factories (reservation of areas and regulation of crusing and sugarcane supply) order, 1984 (hereinafter referred to as 'the order') it contended by the petitinoers that the impugned order is outside thescope of theessential commodities act or the sugar control order, 196 issued by thecentral governement the said order is also violative of the petitioners ..... is manifest that in adopting the social control one of the primary considerations which should weigh with the court is that as the directive principles contanied in the constitution aim at theestablishment of an egalitarian society so as to to being about a welfar state within the farmework of theconstitution these principles ..... the sugar factories whichare identified as sick and financially week, it has been the experience of the government that in times of shortage of sugarcane crop, in the absence of statutory provisions earmarking in the areas of drawal of cane, it has become difficult for certain factories toget adequate quantity of cane thereby affecting their obligation towards the can growers for payments of cane price, towards employees and workers for payment of their salariles and wages contribution towards provident fund ..... the government of maharashtra had in the year 1980 appointed a committee of experts for making recommendations for formation of zones for drawalof sugarcane by the sugar factories in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(1)BomCR156
..... i shall have to examine whether the learned judge has not fallen in an error, although unconsciously, of requiring the respondent's evidence to be tested on the touchstone of certainty beyond reasonable doubt.further, the fact that the instances of cruelty were not pleaded by the respondent in her original written statement dated 13th july, 1980 may have some bearing upon the question as to whether the statement of the instances was not an afterthought ; but once the amendment is allowed, that inference cannot be a conclusive ..... her by the petitioner and his parents and sisters. ..... in other words, according to the petitioner she deserted him for good on and with effect from 25th october, 1976 and that she had not come to the matrimonial home right till the date of the petition which was filed on 4th march, 1980.the respondent's defence on other hand was that she did not leave the matrimonial home out of volition but was forced to take that step because of the harassment and ill-treatment meted out to ..... the respondent had given instructions to her advocate as regards the various acts of cruelty done to her by her husband .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1987)(12)LC796Tri(Mum.)bai
..... the kerala high court's observation regarding the admissibility of the statement of co-accused has to be consi-dered in the light of the other observation, namely, that the evidence of co-accused should have probative value but then probative value canot be attached to the evidence of kika sukar and therefore that judgment is not ..... , shri pochkhanawala submitted that the judgment of the kerala high court is distinguishable. ..... patel, but summonses had been duly issued to him to appear before the adjudicating officer and before the advocates from time to time, as recorded above in detail, for cross-examination on ..... the finding of the gujarat high court was based on the evidence led in the prosecution and the evidence before the criminal court is different from the evidence before the adjudicating authority.further, the finding of a criminal court is not binding on the ..... from the reading of the judgment of the hon'ble gujarat high court, it is clear that the high court acquitted the present appellant on the ground that the evidence on which the two courts below relied, namely, the evidence of babubhai dhedabhai was not corroborated by any other ..... the judgment of the high court is dated 14-1-1980 ..... it is settled law that the evidence act as well as the criminal procedure code are in turn not made applicable to the adjudication proceedings. ..... 1792 of 1980, dated 7-10-1980 passed by the central board of excise and customs statutorily stood transferred to this tribunal for being heard as an .....
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