Court : Mumbai
Reported in : 2009(3)BomCR497; 2009(111)BomLR2285
..... which arose out of the kerala (scheduled castes and scheduled tribes) regulation of issue of community certificates act, 1996, the supreme court upheld the decision of the scrutiny committee which had found that as a matter of fact the appellant had been born and brought up as a christian and was never accepted as a member of the hindu pulayan scheduled ..... that under the scheduled tribe order of 1950; the area restrictions held the field but after the amending act of 1976, parliament removed ..... (c) where a person who claims to belong to a particular caste has some documents in his favour and/or partially satisfies the crucial affinity test, can the claim be certified and is the candidate entitled to his caste certificate being validated?submissions of the petitionerson behalf of the petitioners it was submitted that firstly the provisions of the scheduled tribes order issued under article 342 have to be applied as they stand and no enquiry can be held or evidence let in to ..... part 9 of the scheduled castes and scheduled tribes orders (amendment) act, 1976 interalia designates the mana community as ..... part 9 of the schedule to the amended act of 1976 lists halba, halbi ..... the entry in the amending act of 1976 ..... 1976 parliament enacted the scheduled castes and scheduled tribes order (amendment) act, 1976 ..... 'thakur, thakar' is a scheduled tribe under entry 44 of the second schedule to the amending act of 1976, all thakurs are entitled to the benefits due to the scheduled tribe of thakur thakar. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR59; 2009(111)BomLR2131
..... less than five years, including not less than three years after obtaining such degree or qualifying for such enrollment; and(c) are certified in the case of the members of the ministerial staff of the high court, by the registrar of the high court and in the case of the members of the ministerial staff of the subordinate courts, by the presiding officer of the said court, to have sufficient knowledge of marathi to enable them to speak, read, write and translate with facility into english and viceversa;(d) are certified ..... in the case of member of the staff working as legal assistant in the legal section of the law and judiciary department of mantralaya, by the principal secretary, law and judiciary department, government of maharashtra that ..... . there is nothing arbitrary in fixing the score of 55% for the purpose of selection, because that was the view of the high court also previously intimated to the punjab government on which the haryana government thought fit to act ..... . high court of kerala and ors ..... . union of india : (1976)iillj115sc ; roop chand adlakha v .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR532; 2009(111)BomLR2022; 2010(1)MhLj142
..... calling for the record will require some positive act on the part of the authority but it must ultimately depend upon the facts of each case as to when the record was actually called for by the concerned authority. ..... in para 7 of the reply affidavit filed by the state it is stated that from the order dated 30.6.1989 it was clear that on the date of hearing the holder of land had filed his appearance before the respondents and this showed that suo motu revision notices were issued to the holder of the land. ..... it is observed after referring to proviso to section 45(2) of the ceiling act that said act restricts the exercise of jurisdiction under section 45(2) to those cases where record is called for within a period of 3 years from the date of declaration under section 21. ..... we wonder what prevented the state government and its authorities from producing the record which is required to show that papers were called within three years from the order dated 13.4.1976.12. ..... the tribunal in para 2 of its judgment referred to the decision dated 13.4.1976 by the s.l.d.t. ..... in this case the order declaring kasam nabiji bagwan as non-surplus was passed on 13.4.1976 and the order of remand for re-enquiry passed by the additional commissioner is dated 30.6.1989. ..... the order dated 13.4.1976 passed by the s.l.d.t. ..... by decision dated 13.4.1976 the s.l.d.t. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR32
..... 127 of the mrtp act to the facts of the present case, the appellants are entitled to the relief claimed and the other question argued on the applicability of the newly inserted section 11a of the la act to the acquisition of land made under the mrtp act need not require to be considered by us in this case.the above referred observations of the majority judges make it implicitly clear that the decision given by them is only on the issue of interpretation and applicability of section 127 of the mrtp act in view of the facts of the said case and the question of applicability of section 11a of the land acquisition act to ..... the acquisition of land under the mrtp ..... similar is the situation in respect of decision of the apex court in the case of state of kerala v. t.m. ..... . : [1973]3scr39 and state of kerala and ors. v. t.m .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR117; 2009(111)BomLR2323
..... as disclosed in paragraph 1 to 6 of this judgment show that hon'ble apex court was considering the aspect of closure or affiliation only, the issue involved has been culled out by hon'ble apex court in paragraph 8 and it is stated that the question involved was larger one namely conflict between central act on one hand and the tamil nadu private colleges (regulation) act, 1976, rules made thereunder as also madras university act, 1923, and statutes and ordinances made thereunder ..... both by the centre and by the province, both of them being competent to enact the same, the law of the centre should prevail over that of the state.repugnancy between two statutes may thus be ascertained on the basis of the following three principles:(1) whether there is direct conflict between the two provisions;(2) whether parliament intended to lay down an exhaustive code in respect of the subject matter replacing the act of the state legislature; and(3) whether the law made by parliament and the law made by the state legislature occupy the same .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR107; (2010)ILLJ150Bom
..... company/undertaking, an instrumentality of the government, carrying on an industry, the criteria to determine whether the central government is the appropriate government within the meaning of the clra act, is that the industry must be carried on by or under the authority of the central government and not that the company/undertaking is an instrumentality or an agency of the central government for purposes of article 12 of the constitution; such an authority may be conferred either by a statute or by virtue of relationship of principal and agent or delegation of power and this fact has to be ascertained on the facts and in the circumstances of each case. ..... the upshot of the above discussion is outlined thus:(1)(a) before january 28, 1986, the determination of the question whether central government or the state government is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression 'appropriate government' as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; or the establishment of any railway, cantonment board, major port, mine or oil filed or the establishment of banking or insurance ..... the management of indian standards institution, reported at : (1976)illj33sc , a majority of the supreme court held that the indian standards institution was an industry .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(241)ELT348(Bom)
..... to the case and that there is no evidence to justify ..... to which this section applies are seized under this act in the reasonable belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be (a) in a case where such seizure is made from the possession of any person,(i) on the person from whose possession the goods were seized; and(ii) if any person, other than the person from whose possession the goods were seized, claims to be the owner thereof, also on such other person;(b) in ..... that their presence in the premises was a mere coincidence and therefore, there is no reasonable belief for effecting the seizure of diamonds from them; that the superintendent although physically present could not have supervised the recording of seven different statements; that identical language has been used in the statements and these statements should have more appropriately been recorded under section 107 of the customs act, 1962 and the provisions of section 123 of the customs act, 1962 are not applicable .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ3180
..... though the learned counsel for the appellants submitted that displaying the photograph of a suspect before actually putting the suspect to identification parade reduces the importance of the identification parade, the learned app rightly submitted that in order to investigate into the offence, the police had to find out the identify of miscreants and, therefore, they had rightly shown the album containing several photographs to the victim. ..... as rightly pointed out by the learned app, had the case rested solely on the circumstantial evidence then the argument that the evidence about discovery under section 27 of the evidence act is of a weak character, would have had some force. ..... in view of this, his evidence is of no help in identifying the bundles of notes at articles 4 and 5 to be the ones which he handed over first, because he does not positively state having told the police about his practice of mentioning the total number of notes on the bundle and also because he cannot categorically deny that his signature was obtained on the bundles by the police after seizure was effected.12. ..... it seems that the police could go to the root of the matter and nab the culprits on the basis of clue provided by the victim by identifying appellant charansingh in the album of photographs shown to the victim. ..... he further submitted that the evidence of recovery under section 27 of the evidence act is a weak type of evidence and cannot in itself be sufficient to fasten criminal liability on an accused .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR669; 2009(6)MhLj573
..... jayant ganguli), where also the custody of the male child, aged 10 years, sought by the wife was the paramount consideration, where the lordships found that though the wife was highly qualified teacher, but since she was moving place to place and the child desired to have his place at allahabad, where the father was residing and the father was the contractor, the custody of the child was directed to be given to the father.22. ..... the consideration more tilts to the welfare of the child, as has been observed, whether the application is filed either under section 17 or section 25 of the guardians and wards act, 1890 the welfare of the minor would be overriding consideration for the appointment of a guardian. ..... deshpande, counsel for the husband, passionately touched to the dispute between the couple over the property to address that the left over 10 acres of the property, can be alienated in the name of the son provided custody is bestowed to sharad. ..... , as under:the dominant matter for the consideration of the court is the welfare of the child, but the welfare of the child is not to be measured by money only nor merely physical comfort. ..... learned counsel for the respondent, as stated earlier, stressed that it was the father, who under the law being a guardian, is only entitled to have custody of the child, until he is declared unfit, in terms of section 19b of the guardians and wards act, 1890. ..... 1964 kerala 269 : k.s. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR663; 2009(111)BomLR2093; 2009(4)MhLj693
..... . where certain land of a person was declared as surplus under the urban land ceiling act,1976 but the possession of the said surplus land was not taken over by the prescribed authority under the act the effect of repeal of the ulca, 1976 under the urban land (ceiling and regulation) repeal act, 1999 under section 4 would be that the legal proceedings would be abated ..... .(3) it shall be deemed to have come into force in the states of haryana and punjab and in all the union territories on the 11th day of january,1999 and in any other state which adopts this act under clause (2) of article 252 of the constitution on the date of such adoption; and the reference to repeal of the urban land (ceiling and regulation) act,1976 shall, in relation to any state or union territory, mean the date on which this act comes into force in such state or union territory.38 ..... stand abated in view of section 4 of the urban land ceiling (repeal) act, 1999 and the respondents are now not entitled to resort to the provisions of the urban land (ceiling and regulation) act 1976 in respect of the petitioners land;factual backdrops:in order to appreciate the grievance of the petitioner, few relevant introductory facts needs to be noticed at the outset.2. ..... . the urban land (ceiling and regulation) bill was passed by both the houses of parliament and the statute came on the statute books as the urban land (ceiling and regulation) act, 1976 (33 of 1976) (the ulc act) .....
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