Court : Supreme Court of India
Reported in : AIR1995SC605A
..... where they were installed in 1949 and worship of the idols there by the hindu devotees continued this interim order was confirmed by the high court in april 1955; the district judge ordered the opening of the lock placed on a grill leading to the sanctum-sanctorum of the shrine in the disputed structure on 1st february, 1986 and permitted worship of the idols there to hindu devotees; ..... vivekananda spoke of 'hinduism as the religion that has taught the world both tolerance and universal acceptance' and described the diversity of religions as 'the same light coming through different ..... clause 102 of the manual of land acquisition of the state of maharashtra which deals with the acquisition of religious places like churches, temples and mosques, ..... the pending legal proceedings to give directions to the central government as a statutory receiver would be circumscribed and limited to the extent of the area left open by the provisions of the act. ..... chavan.new delhi,the 9th march, 1993.special referencewhereas a dispute has arisen whether a hindu temple or any hindu religious structure existed prior to the construction of the structure ( ..... the disputed site, after removal or relocation of the existing structure, was a major plank in bjp's campaign during elections held in 1989 and 1991. ..... , shantiniketan, on 29th april, 1989 is useful. ..... 1989 ..... in 1989, the aforementioned suits were transferred to the allahabad high court ..... in 1989, deoki nandan agrawal, as the next friend of the deity filed a title .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... the parliament, swami vivekananda spoke of 'hinduism as the religion that has taught the world both tolerance and universal acceptance' and described the diversity of religions as 'the same light coming through different colors. ..... clause 102 of the manual of land acquisition of the state of maharashtra which deals with the acquisition of religious places like churches, temples and mosques, is of significance in this ..... power of the courts in the pending legal proceedings to give directions to the central government as a statutory receiver would be circumscribed and limited to the extent of the area left open by the provisions of the act. ..... on 14th august, 1989, the high court ordered the maintenance of status quo in respect of the ..... chavan.new delhi; the 9th march, 1993.special referencewhereas a dispute has arisen whether a hindu temple or any hindu religious structure existed prior to the construction of the structure (including the premises of the inner ..... construction of a ram temple at the disputed site, after removal or relocation of the existing structure, was a major plank in bjp's campaign during elections held in 1989 and 1991. ..... on 14th august, 1989, the high court ordered the maintenance of status quo in respect of the disputed structure (appendix-i to the white ..... memorial lecture of vishwa-bharati, shantiniketan, on 29th april, 1989 is useful. ..... in 1989 devki nandan agarwal as the next friend of the deity, that is to say, the said idols, filed a title suit in respect of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD688
..... the supreme court observed :'but we must hasten to make it clear that the individual who moves the court for judicial redress in cases of this kind must be acting bona fide with a view to vindicating the cause of justice and if he is acting for personal gain or private profit or out of political motivation or other oblique consideration, the court should not allow itself to be activised at the instance of such person and must reject his ..... technological advancements have also given us necessary relief from this hazardous waste and there is existing a statutory recognition to that effect: the hazardous wastes (management and handling) rules of 1989 notified under the environment (protection) act, 1986 details out eighteen categories of hazardous waste alongwith the regulatory methods. ..... this, we would like to quote reference of classification of industries adopted by the ministry of environment and forests while categorising the industries that can be located in the sensitive areas such as doon valley, dahanu taluk in maharashtra and in any other sensitive regions including the catchment areas. ..... this, we would like to mention the reference of notifications of industries that can be located in sensitive areas such as doon valley, dahanu taluq of maharashtra and in any other sensitive regions including the catchment area. ..... santappa, a former vice-chancellor of university of madras and currently the scientific adviser to the pollution control board, chennai, did set aside the order of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj222; (2005)2GLR1107
..... the basis of the promise that they were going to pay to their staff as per the university/university grants commission scale from the new academic year commencing from 1st july, 2004 ..... collector, thane, maharashtra [(1989) 3 scc 396] that in absence of express statutory provision for compliance with principles of natural justice, those principles are not attracted to decision taken ..... the selection board voluntarily appeared for interview without raising any kind of objection against the constitution of the selection board and took a chance of favourable recommendation in his favour, it was not open to him to turn around and question the constitution of the board when the decision was unfavourable to him. ..... tehal singh [(2002) 2 scc 7], while making distinction between legislative, administrative and quasi-judicial acts, that a legislative act is the creation and promulgation of a general rule of conduct without reference to particular cases and it usually operates in future; while an adjudication, on the other hand, applies to ..... any act of the repository of power, whether legislative or administrative or quasi-judicial, is open to challenge if it is in conflict with the constitution or the governing act or the general principles of the law of the land or it is so arbitrary or unreasonable that no fair minded authority could ever ..... seshrao balwant rao chavan [air 1989 sc 1582], the principles of ratification apparently do not have any application with regard to exercise of powers .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)ALLMR126; 1999(2)BomCR771; (1998)3BOMLR228
..... to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act of omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'cheat'.206. mr. ..... 202) may be usefully noted :the gist of the offence of conspiracy then lies, not in doing the act, or effecting the purpose for which the conspiracy is formed, nor in attempting to do them, nor in inciting others to do them, but in the forming of the scheme or agreement between ..... ovalekar is to be carried to its logical conclusion then the only eventuality in which an act would be 'illegal' would be if it was an act which was prohibited by law as being an offence or furnishing ground for a civil action being ..... gerald orchard of university of canterbury, new zealand explains the limited nature of this proposition:''although it is not in doubt that the offence requires some physical manifestation of agreement, it is important to note the limited nature of ..... state of maharashtra & others, : ..... he submitted that ex-95 being a board note dated 10-8-1989 also does not give any financial power but that it was merely a resolution passed because reserve bank of india required such ..... that the transaction was entered into with open eyes. ..... case an officer of the bank had introduced a party whilst opening an account. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR545; [2001(91)FLR469]; (2002)IVLLJ946Bom
..... the order of the industrial court arose out of a complaint filed under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, by the association of engineering workers which is the first respondent in writ petition no. ..... the relationship inter se between the provisions of the industrial disputes act, 1947 and the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 has been considered by a judgment of a learned single judge of this court, ms. ..... apart from this consideration, the learned judge held that even assuming that the employer had succeeded in proving that there were acts of violence, indiscipline and damage to property, the employer could have been justified in asking for an undertaking from those workmen who were guilty of misdeeds. ..... under the provisions of section 25 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, an employer of an undertaking is entitled to make a reference to the labour court for a declaration that the strike is illegal, just as the union may seek a declaration that a lock-out is illegal. ..... the court noted that even if it was open to the employer to take disciplinary proceedings against the workmen for participating in the strike, by demanding such a writing, what in effect and substance the employer was proposing to do was to hold the workmen guilty and impose ..... : (1989)iillj97bom . .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)ILLJ719Bom
..... filed a complaint being complaint (ulp) no.75 of 1998 under items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu & pulp act) complaining of unfair labour practices on the part of the respondent company. ..... dated february 24, 1986 the industrial court held that the company was guilty of indulging in unfair labour practices as contemplated under item 6 of schedule ii of the act and by way of consequential relief the company was directed to pay wages during the period the company was found to have indulged in the illegal lock-out. ..... the industrial court prima facie has come to the conclusion that the lock-out was legal and in a proceeding under the act the industrial court is not called upon to go into the issue whether the lock-out was justified and accordingly rejected the application for ..... contended that the issue has been concluded by judgments of this court and it is not open and on this count also the petitions should be rejected. 5. ..... demand was first served on the management in the year 1989. ..... : (1989)illj134bom the issue before the single judge of this court was whether the refusal of the respondent to give work to its employees on the ground that the latter are not signing the undertaking ..... demand was served on the respondent company on february 1, 1989. ..... : (1989)illj319bom , has held that a complaint of unfair labour practice would be maintainable apart from the declaration .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)ALLMR305; 2000(4)BomCR136; (2000)1BOMLR140; 1999(3)MhLj433
..... in terms accepted that in case of recruitment of professor, it will be higher staff selection committee which would deal with the matter and accordingly it should be constituted;i) vice-chancellor of nagpur university; ii) director of technical education, maharashtra state; iii) deputy educational advisor, (t) department of education, govt. ..... request or the college to nominate his nominee was also refused by the vice chancellor by his letter dated 18-12-1989, as a result on the selection committee, neither the vice chancellor could come nor his nominee could come. ..... it is submitted that aicte is a constituted body constituted under the all india council for technical education act, 1987 for proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to plan quantitative growth and the regulation of proper maintenance of ..... is the case of the respondents that the petitioners have applied for the post of professor since they are entitled to apply in open selection andfailed in august 1990 to get selected as professors. ..... a still worse consequence may follow, in that it may leave open a scope for malpractices. ..... are required to be promoted further under such merit promotion scheme to the posts of professors (and not any selection in competition in direct selection), they have to come in regular cadre of assistant professors by facing regular selection committee in open competition. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)BomCR424; 2004(174)ELT156(Bom); 2004(1)MhLj1028
..... in his statement recorded under section 108 of the customs act on 11-2-1989 and 14-2-1989, the captain of the vessel stated that before the vessel arrived in bombay, he had conducted inspection of the entire vessel for contraband on 6-2-1988 along with chief engineer and chief officer and that the ..... in the present case, having found that there is no nexus between the negligence and the act of smuggling, the adjudicating authority has not levied any penalty on the owner/captain of the ..... are unable to agree with this submission, because, in the absence of a finding that the negligence on the part of the owner or the captain of the vessel was with a view aid or abet the act of smuggling, no action could be taken against the owner of the vessel or the master of the vessel. ..... it is pertinent to note that prior to the amendment of section 115 of the customs act with effect from 13th may, 1988, a vessel was liable to be confiscated even if it was proved that there was a lapse on the part of the owner to take appropriate precautionary ..... ramabhadran, learned advocate appearing on behalf of the petitioners submitted that once it is held that the owner of the vessel or the master of the vessel is not involved in the smuggling, it was not open to the adjudicating authority to confiscate the vessel. ..... the said order, the collector of customs (preventive) ordered the confiscation of the vessel under section 115 of the customs act with the option to the owners to redeem it on payment of fine of rs. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2001Delhi126; 2000(57)DRJ82
..... in view of recommendation of the law commission for debarring a candidate from contesting an election if charges have been framed against him by a court in respect of offences mentioned in the proposed section 8-b of the act, it is also necessary for a candidate seeking to contest election to furnish details regarding criminal case, if any, pending against him, including a copy of the fir/complaint and any order made by the concerned court ..... in that letter, the commission has also pointed out grave incongruities in the existing provisions of sub-section (1), (2) and (3) of the said section 8 of the representation of the people act, 1951, illustrating the case of a rapist, convicted and sentenced to ten years imprisonment, being disqualified only for six years under sub-section (1) and being free to contest elections, even while in ..... spread to andhra pradesh, tamil nadu, gujarat, maharashtra, haryana and other states. ..... but this important role people can fulfill in a democracy only if it is an open government, where there is full access to information in regard to the functioning of ..... in gadakh yashwantrao kankarrao, : air1994sc678 (supra) it was held by the supreme court that the real education of the electorate contemplatesinforming them of the past achievements and future plans of the political parties and their ..... this figure rose to 130 in 1989 and 198 for the 1991 lok ..... that while in 1957, repoll was ordered only in 65 booths, in 1989 it was ordered in 1670 booths. ..... to 1,670 in 1989. .....
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