Judgment Search Results Home > Cases Phrase: the madras educational institutions temporary control of property act 1949 Court: mumbai Page 1 of about 34 results (0.147 seconds)

In the Matter of Manuel theodore D'Souza

Court : Mumbai

Reported in : 2000(2)BomCR244; II(2000)DMC292

..... in unnikrishnan (supra) the apex court has given a new direction to the interpretation of the fundamental right when it said that the effect of holding that the right to education is implicit in the right to life is that the state cannot deprive the citizen of his right to education except in accordance with the procedure prescribed by law. ..... they were brought up in the palaces, given the same education and other facilities as the princes and princesses, and even inherited properties but they could never be given succession rights over the throne. ..... to give true effect to the municipal law and then proceeded to answer that the word 'after' is in a case where the father is not in actual charge of the affairs of the minor either because of his indifference or because of any agreement between him and the mother of the minor (oral or written} and the minor is in the exclusive care and custody of the mother or the father for any other reason is unable to take care of the minor because of his physical and/or mental incapacity, the mother, can act as natural guardian. ..... there are about 1,50,000 children in over 1000 institutions in the country, which are under the juvenile justice act. ..... it is true that normally it is the father or the parents who has the control of the children. ..... on 26th november, 1949 we gave to ourselves, a bill of rights, when the constituent assembly voted and approved the preamble to the constitution of india. .....

C.V. Shah and A.V. Bhat, Now Known as Shah Promoters and Developers Th ...

Court : Mumbai

Reported in : 2005(3)ALLMR197; 2006(3)BomCR216

..... for all or any of the following matters, that is to say, (a) proposals for allocating the use of land for purposes, such as residential, industrial, commercial, agricultural, recreational; (b) proposals for designation of land for public purpose, such as schools colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public ..... the land in the manner provided by or under this act; (l) the filling up or reclamation of law lying, swampy or unhealthy areas or levelling up of land; (m) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority including imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the ..... the municipal commissioner or for that matter by the standing committee for acquisition of the subject property is no decision in the eye of law by the pune municipal corporation for acquiring the subject land and therefore, the application dated 31.5.1989 made by the assistant municipal commissioner to the concerned collector for acquisition of the ..... the planning authority is defined as local authority in section 2(19) and the local authority in section 2(15) means, interalia, the municipal corporation constituted under the bombay provincial municipal corporations act, 1949 (for short, bpmc act .....

Vijay Krishna Kumbhar Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 2000(2)BomCR293

..... in the report that he had personally carried out the inspection of the area and noticed following things:'1) there were about 36 houses of temporary nature on the plot.2) out of the total area of about approximately half was encumbered.3) adjacent to the plot, there are two educational institutions functioning.4) there are about 11 educational institutions functioning in the close vicinity of the school.5) except temporary houses on the property the development in the area appears to be mainly in a planned manner and in that connection the development of the area would be under the control of the p.m.c. ..... there was also section 168 of the madras estates land act, 1908 which enjoined that in settling rents under the section the collector shall presume, unless the contrary is proved, that the existing rent or rate of rent is fair and equitable and shall 'have regard' to the provisions of the act for determining rates of rent payable by a ..... was further informed that for the said reason and in accordance with the provisions of section 255 of the bombay provincial municipal corporation act, 1949 (hereinafter referred to as 'the b.p.m.c. ..... 1.3 of the development control rules reads as under:'these rules shall supersede all development control rules and bye law framed and sanctioned under the maharashtra regional and town planning act, 1966, the bombay provincial municipal corporation act, 1949 except regulations in the town planning schemes which shall prevail until the schemes are varied .....

Shri Vile Parle Kelavani Mandal, a Society Registered Under the Societ ...

Court : Mumbai

Reported in : 2008(3)ALLMR397; (2008)110BOMLR872; 2008(4)MhLj413

..... the concept of fair prices to which section 3(1) of the madras essential articles control and requisitioning (temporary) powers act, 1949, expressly refers does not mean that the price once fixed must either remain stationary, or must be reduced in order to attract the power to regulate'.15. ..... this amounts to interference in the internal management of the educational institutions belonging to the linguistic minority. ..... this would not cause any dent in the right of minority unaided educational institutions to admit students of their choice. ..... both these educational institutions are affiliated to the university of mumbai, respondent no. 4. ..... both these institutions claim that they are gujarati linguistic minority unaided educational institutions and in terms of the judgment of the supreme court in the cases of (i) t.m.a. ..... these educational institutions are being run after obtaining approval from respondent no. ..... we may usefully notice here the observations and decisions of the supreme court in paragraphs 143 and 144 of the said judgment which read as under:the learned senior counsel appearing for different private professional institutions, who have questioned the scheme of permanent committees set up in the judgment of islamic academy very fairly do not dispute that even unaided minority institutions can be subjected to regulatory measures with a view to curb commercialisation of education, profiteering in it and exploitation of students. .....

Dr. Mahesh Vijay Bedekar Vs. State of Maharashtra and Others

Court : Mumbai

..... the learned advocate general submitted that reading noise pollution (regulation and control) rules, 2000 (hereinafter referred to as "the rules") with the schedule thereto, it is clear that the silence zone which has been defined in note to the schedule would not include hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority, but the prohibition under rule 6 would apply to the areas comprising not less than 100 metres around such institutions ..... shall be made by the state government within two months; xii) we direct that the discretionary powers under the section 234 of the said act of 1949 and section 317 of the said act of 1888 to grant permission to erect temporary booths or similar structures on streets(including foot-paths/foot-ways) for holding of festivals/ceremonies shall be exercised by the commissioners subject to the law laid down ..... to prevent annoyance, disturbance, discomfort or injury or risk or annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, be may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating- (a) the incidence or continuance in or upon any premises of- (i) any vocal or instrumental music, (ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus .....

Fram Nusservanji Balsara Vs. State of Bombay and anr.

Court : Mumbai

Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17

..... substitute any of the conditions of the licence laid down in the act, and under section 139(c) power is given to government to exempt any person or institution or any class of persons or institutions from the observance of all or any of the provisions of the act or any ..... should be equally entitled to pursue happiness and acquire and enjoy property; that they should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts; that no impediment should be interposed to the pursuits of anyone except as applied to the same pursuits by others under like circumstances; that no ..... the bombay prohibition act, 1949, as being ultra vires of the state legislature and being also void as contravening several of the fundamental rights guaranteed to the citizen by the ..... act but a prohibition act, and in any event, if those who drink moderately are to be allowed to drink, a considerable body of educated and respectable people accustomed for years to western ways of life and who have disciplined themselves to drink in moderation would certainly have to be given a permit which they cannot get under the ..... . but in both these cases their residence in india must be temporary and they must have a fixed and settled purpose of making their ..... the state of madras, : 1950crilj1383 did consider the question of severability under article 13(a) and we see no reason in principle why if ..... the control .....

Thane Municipal Transport, Undertaking and Transport Manager, Thane Mu ...

Court : Mumbai

Reported in : (2005)107BOMLR623; (2006)ILLJ874Bom

..... the provisions of the bombay provincial municipal corporation act, 1949 cannot over-ride the provisions of the industrial employment (standing orders) act, 1946, the industrial employment (standing orders) act being taking a special. ..... a badli or temporary workman who has put in 190 days uninterrupted service in the aggregate in any establishment of seasonal nature or 240 days 'uninterrupted service' in the aggregate in any other establishment during a period of preceding twelve calendar months, shall be made permanent in that establishment by order in writing signed by the manager, or any person authorised in that behalf by the manager, irrespective of whether or not his name 75 on the muster roll of the establishment throughout the period of the said twelve calendar months.in the present case, the workmen admittedly ..... the inaction on the part of the state government to create posts was held to mean that an unfair labour practice could riot have been committed by the universities by keeping the employees as badlis, temporaries or casual workers. ..... once it comes to the conclusion that for lack of posts the employees could not be made permanent how could it then go on to hold that they were continued as 'badlis', casuals or temporaries with the object of depriving them of the status and privileges of permanent employees. .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... the effect that the act was enacted 'for giving effect to the policy of the state towards securing the principles specified in clause (b) and clause (c) of article 39 of the constitution of india, and in particular, but without prejudice to the generality of the foregoing declaration, for providing that the ownership and control of the agricultural resources of the community, are so distributed as best to subserve the common good, and also that the operation of the agricultural economic system does not result in the ..... minorities or article 31 -- right of minorities to establish and administer educational institutions. ..... the right to property is concerned, there is a clear statement available from the seventh judge, to which we havealready made a reference and it appears to be the ratio upon the holding of the learned seventh judge that the right to property cannot at all be treated to be the basic structure or framework of the constitution and that right as enacted in the constitution original or otherwise cannot be treated to be a fetter or a limitation upon the constitutional amendatory power reposited in the indian parliament under article 368 of the ..... the 'family' of the type which was being consideredin the earlier case of krishnaswami naidu : [1964]7scr82 (supra) as defined by section 3 (14) of the madras act was treated to be immune from attack under article 14 of the constitution because of the placement of the act under the statutory shield of article 31-b of the .....

Krishna Madhaorao Ghatate and anr. Vs. the Union of India and ors.

Court : Mumbai

Reported in : AIR1975Bom324; 1975CriLJ1828; 1975MhLJ822

..... according to the petitioner, five political parties formed national sangharsha samiti to educate the public opinion to question the property of the continuance of the prima minister in the office. ..... affiliation with an organization which was alleged to be indulging in the activity prejudicial to the internal security, public safety and maintenance of public order if read in the context of the declaration of emergency on the ground of internal disturbance may in a given case lead to reasonable inference that a person concerned, who is either a leader or a prominent and active worker or is a person in control of the organisation or its branch, is likely to act in a manner which can be termed as prejudicial to the security of india. ..... 'in almost every continental community the executive exercises far wider discretionary authority in the matter of arrest, of temporary imprisonment or explosion from its territory, and the like, tan is either legally claimed or in fact exerted by the government in england; and a study of european polities now and again reminds english readers that wherever there is discretion there is room for arbitrariness, and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for ..... the jan sangh, though he has leanings towards the ideologies of these institutions. ..... , note no.230, page 259, decided on 15.7.1975) and a decision of the madras high court in m. ..... rex air 1949 all 148, (3) nek mohammad .....

Vidarbha (Rent Contorl) Bhadekaru Sangh, Akola and anr. Etc. Vs. State ...

Court : Mumbai

Reported in : 1986MhLJ882

..... control act, 1947 (for short' the bombay act ') the hyderabad house (rent eviction and lease)( control act, 1954 (for short, 'the hyderabed act') and the rent control order, 1949 framed underthe act of 1946 which prevail in the different regions whichnow from the state of maharashtra as there is no justification for giving a differential treatment to the vidarbha region of thestate of maharashtra by continuing outdtated provisions of the rent control order, which was enacted as far back as in 1949 in the ..... the central government or the government of any state in india or a local authority the controller shall consider any representation of the landlord about the suitability of the proposed tenant and shall not allot the house to any person who in the opinion of the controller is an unsuitable tenant.it was in the light of these provisions that supreme court madethe following observation,--'does the act then by leaving it to the controller to select any person there than a government local authority public institutin or anofficer of the any these as the tenant impose an unreasonable restirction on the right of property ..... after holding that the continued application of the madras act of 1951 which was just five or six years after the passing of the states reorganisation act was no shown by adquate data as being violative of arcile 14, as follows-'but that is how that matter stands today twenty-three years have gone by since the states reorganisation act was passed but unhappily .....