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Judgment Search Results Home > Cases Phrase: bombay high court letters patents amendment act 1948 maharashtra Court: mumbai nagpur Page 1 of about 25 results (0.036 seconds)

Sep 19 2013 (HC)

Mrs. Sayali Wife of Swapnil Kuber Vs. Swapnil S/O. Harischandra Kuber

Court : Mumbai Nagpur

..... if we might say so distinguished part of the high court of bombay, as if they were sitting under the same roof under which judges function in bombay. all that happens is that the chief justice, under the powers given to him under the letters patent distributes the work to various judges and various divisional benches, and acting under that power he distributes certain work to the ..... seat of the benches the question has been often raised before the courts. 10. in the case of state of maharashtra vs. narayan, reported in air 1983 sc 46 three judges of the apex court in paragraph 26 relied on the ratio of the decision rendered by chagla, c.j. at the bombay high court. it would be appropriate to quote paragraph 26 in its entirety ..... , there is particular reason why all income tax references should be heard in bombay and that reason is this. the high court of bombay for many years, rightly or wrongly, has followed a particular policy with regard to income tax references and ..... (3) of the states reorganisation act or with the constitution." with regard to rule 254, he went on to say : "now, having disposed of the legal aspect of the matter, we turn to the practical aspect, and let us consider whether this rule inconveniences the people at nagpur. if it does, it would certain call for an amendment of that rule. now .....

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Sep 08 2011 (HC)

Anant Ramchandra Dakshindas Vs. Divisional Joint Registrar and ors

Court : Mumbai Nagpur

..... rule 107 (5), 107 (9) and 107 (11) (k) (d) of the maharashtra cooperative societies rules, 1961. 3. it is not in dispute that challenge to appellate judgment mentioned supra lies before the learned single judge of this court because of chapter xvii, rule 18 (entry 12) of the bombay high court appellate side rules, 1960. however, the petition has been filed before the division ..... categories, the grievance needed to be looked into by learned single judge. it also led to another debate as only such sc/st candidate could have filed further appeal viz. letters patent appeal before the division bench. it is in this background that entry has been construed and after noticing this apparent contradiction and article 14 of the constitution of india, the ..... 18 makes an exception to this general provision and, therefore, needs to be approached accordingly. attention is invited to the fact that orders passed by the authorities under the maharashtra cooperative socieites act can be assailed before learned single judge and as per explanation added at the end of rule 18, the expression "order" has been explained to mean any order passed ..... ofprabhakar sadasheo nandanwar v. state of maharashtra andors reported at 2002 (4) bom.c.r. 710 is pressed into service to show how entry 44 then appearing in rule 44 has been construed as illustrative in nature. to further substantiate this contention, our attention has also been invited to the fact that inspite of material amendment in scheme of rule 18, entry .....

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Sep 21 2011 (HC)

Niraj Vikas Pabale and ors. Vs. the Tahsildar and ors.

Court : Mumbai Nagpur

..... raised by respondent no.5. (a). one out of them is cognizance taken by hon'ble the chief justice at bombay. 2003(4) mah.l.j. 635 (pl.b) (surendra ramchandra jichkar vs. state of maharashtra), considers chapter iv clause 2a in bombay high court appellate side rules, 1960, then regulating public interest litigation jurisdiction. petition challenging the location of country liquor shops in ..... benches, powers available to the hon'ble the chief justice are exercisable only at principal seat and not at its benches. more over, even if chapter iv clause 2a of bombay high court appellate side rules, 1960 is to be applied, here the senior judge or the administrative judge at nagpur bench was independently approached and, with due application of mind, the ..... for b and c class municipal councils prescribed under maharashtra municipal councils, nagar panchayats and industrial townships act (40 of 1965) needed to be followed (hereinafter referred to as "the 1965 act" for short). the cognizance of grievance as pil is also questioned on various grounds and one of the contentions is subsequent amendment to letter treated as pil by the petitioners, can not ..... scope is explained by full bench of this court in 2004(2) mah.l.j. 874-para 44 - (sanjay govind sapkal vs. collector of dhule) and 2009(5) mah.l.j. 711-para 9- (sandip diwakar joshi vs. corporation of city of nagpur), treats some what similar provision in city of nagpur corporation act, 1948, as alternate remedy. contention is, that petitioners .....

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Dec 12 2014 (HC)

Sandeep Inderchand Gandhi and Others Vs. The State of Maharashtra, thr ...

Court : Mumbai Nagpur

..... to act in terms of r. 9 (b) it does not lie in its mouth to say that any irregularity, however, patent on the face of it, is open to correction. moreover, the methods of correction in this regard are really illusory. the small causes court cannot decide the applicability of art. 14 of the constitution and according to the judgment of the bombay high court ..... has power to get it done through any agency under his supervision and authority. a preliminary objection is raised about availability of alternate efficacious remedy under section 169 of the maharashtra municipalities act, with a further submission that the petitioners have, in fact, availed of the said remedy. it is also stated that the works of spot inspection, measurement of properties, preparation ..... then further procedure for hearing etc., was undertaken in october, 2012. the petitioners thereafter collected documents etc., obtained information and then filed the petition. these averments are made in amended para 13-b of the petition and we are satisfied that the petition does not suffer from delay and laches on the part of petitioners even on facts. that apart, ..... act within a period of three months. [f] the learned sr. counsel then invited our attention to the communication dated 20th october, 2010 issued by the authorized valuation officer to the municipal council, hinganghat with reference to the letter dated 20th october, 2010, i.e., of even date, in relation to the approval to assessment of taxes and the lists, and .....

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Sep 28 2011 (HC)

Late Narayanlal Bansilal and ors. Vs. the State of Maharashtra

Court : Mumbai Nagpur

..... of institution of valuers and a registered valuer with the ministry of finance, government of india. he was panel valuer of life insurance company and of bombay high court for immovable properties, and had worked as an editor of a technical journal by name "indian valuer" for a duration of 6 years. he ..... matters. state government has without prejudice to its rights to verify the position, sought oral leave to substitute similarly. accordingly, we permit respective appellants to amend their respective memo of appeals forthwith. 3. plot no. 1 nazul survey no. 14 of amravati town formed subject matter of acquisition. the area as ..... manglore tile roof with balli rafter. entrance porch has manglore tile roof with teak wood trusses. flooring is of plain cement tiles and some rooms have patent stone floor. cooking platform is provided in kitchen. w.c. and bath are connected to waste lines and to septic tanks and soak pit. standard ..... value on that basis. in that case, the claimant led the evidence of one zaidi, a deputy collector, prior to his retirement had written two letters to the claimant dated october 14, 1945 and november 20, 1945 expressing his desire to purchase the land in question. he had offered rs. 18, ..... /83/84 made by the land acquisition officer for and on behalf state of maharashtra. notification under section 4 of the 1894 act was published on 19/2/1984. while admitting first appeal no. 53/2001 filed by state, this court on 12/2/2001 granted stay in terms of prayer clause (i) of .....

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Mar 22 2013 (HC)

Dashrath Rajaram Solanke and Others Vs. the Executive Engineer, Chief ...

Court : Mumbai Nagpur

..... appeals before it were against the common judgment and order passed by the division bench of the bombay high court at aurangabad in letters patent appeals arising out of writ petitions whereby the order passed by the learned single judge quashing the award passed by the labour ..... any relief except the relief of retrenchment compensation in terms of section 25f. the learned additional government pleader, therefore, pressed for dismissal of letters patent appeal. 10. the judgment of learned single judge needs to be perused in the background of two questions to which our attention has been ..... . 16. the judgment in the case of central board of dawoodi bohra community vs. state of maharashtra (supra), is the constitution bench judgment of the hon'ble apex court where the apex court has pointed out that law declared by it through ..... clear and there is no obscurity and ambiguity, there is no scope for the court to innovate or take upon itself the task of amending or altering the statutory provision. the hon'ble apex court has pointed out that there is a very thin line which separates the adjudication ..... from legislation and that line should not be crossed. shri thakur, learned counsel, has relied upon this ruling to urge that word ??post ? cannot be read in section 25f of the industrial disputes act .....

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Aug 16 2012 (HC)

Sadashiv S/O Ganpatrao Mahajan Vs. the Honand#8217;ble Minister for Co ...

Court : Mumbai Nagpur

..... by the honble minister of co-operation, maharashtra state, mumbai. the locus of the petitioner to file this petition was questioned before this court, and the learned single judge, by judgment dated 15-9-2011, dismissed writ petition no.2149 of 2011 upholding the objection. this was the subject-matter of challenge in letters patent appeal no.450 of 2011, which was allowed ..... registrar was in effect to say that the appellant had already ceased to be a director and his seat already fell vacant. in keshaorao narayanrao patil v. district deputy registrar bombay high court held that section 73ff(2) did not co-operate automatically and that passing of an order of removal was necessary. this has to be interpreted in the context of ..... the government of india, as mentioned above, it is now expedient on the part of government of maharashtra to carry out certain amendments in the maharashtra co-operative societies act, 1960. 3. the salient features of the amendments proposed to be carried out in the maharashtra co-operative societies act, 1960 are as under:- (i) ...... ] ] to ] (not being relevant are not ] reproduced) (v) ...... ] (vi) appointment of ..... every society to see the constitution of such committee. 25. there was a change brought about this by adding subsection (1ab) under section 73 of the said act by way of an amendment of maharashtra act no.xli of 2000 with effect from 23-8-2000. since it is also relevant, is reproduced below: (1ab) the members of the committee shall be jointly .....

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Aug 16 2012 (HC)

Hitendrasingh S/O Bhupendrasingh and Others Vs. Dr. Panjabrao Deshmukh ...

Court : Mumbai Nagpur

..... render his decision. accordingly, in exercise of the powers conferred upon the chancellor under section 11(1) of the maharashtra agricultural universities act 1983 (hereinafter referred as ??the act ? ), the chancellor vide letter dated 28.05.2007 appointed justice shri h.w.dhabe, retired high court judge to conduct detailed enquiry in the matter and submit the report. justice dhabe submitted his report to me ..... and others had also filed a writ petition no.4771 of 2006 in the bombay high court, bench at nagpur, praying the court to give directions to the chancellor to conduct enquiry under section 11 of the act. the high court observed in its order dated 21.04.2007 that the court hopes and expects the chancellor to take up the matter at an earliest occasion ..... years which can be further extended upto two years. further, the appointment is governed by the service conditions prescribed by the said act, the statutes, regulations and other prevailing service rules, standing orders governing service conditions as amended and modified from time to time. the petitioners were required to execute a bond to serve the university for a period of three ..... the process and therefore, are termed as tainted. mr.manohar submits that the order passed by the chancellor suffers from patent lack of jurisdiction. it is submitted that source of power is stated to be section 11(1) of the said act. that section together with subsections, if perused, will not confer any power to direct an inquiry or cause an .....

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Aug 16 2012 (HC)

Hitendrasingh S/O Bhupendrasingh and Others Vs. Dr. Panjabrao Deshmukh ...

Court : Mumbai Nagpur

..... render his decision. accordingly, in exercise of the powers conferred upon the chancellor under section 11(1) of the maharashtra agricultural universities act 1983 (hereinafter referred as the act), the chancellor vide letter dated 28.05.2007 appointed justice shri h.w.dhabe, retired high court judge to conduct detailed enquiry in the matter and submit the report. justice dhabe submitted his report to me ..... and others had also filed a writ petition no.4771 of 2006 in the bombay high court, bench at nagpur, praying the court to give directions to the chancellor to conduct enquiry under section 11 of the act. the high court observed in its order dated 21.04.2007 that the court hopes and expects the chancellor to take up the matter at an earliest occasion ..... years which can be further extended upto two years. further, the appointment is governed by the service conditions prescribed by the said act, the statutes, regulations and other prevailing service rules, standing orders governing service conditions as amended and modified from time to time. the petitioners were required to execute a bond to serve the university for a period of three ..... the process and therefore, are termed as tainted. mr.manohar submits that the order passed by the chancellor suffers from patent lack of jurisdiction. it is submitted that source of power is stated to be section 11(1) of the said act. that section together with subsections, if perused, will not confer any power to direct an inquiry or cause an .....

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Jul 22 2016 (HC)

The Municipal Council and Another Vs. Tulsidas Baliram Bindhade and Ot ...

Court : Mumbai Nagpur

..... the basis of clause 4c of the model standing orders under the industrial employment (standing orders) act, 1946? 5. the matters be, therefore, placed before hon'ble the chief justice for constitution of appropriate bench in terms of rule 7 of chapter i of the bombay high court appellate side rules, 1960 to decide the aforesaid question of law. 2. we find that the ..... certified standing orders for this industrial establishment which did not prescribe any age of superannuation. the electricity undertaking of the firm was purchased by the appellant under the electricity (supply) act, 1948, as a result whereof the workmen became the employees of the u.p.s.e.b. it was conceded that the standing orders as applicable to the said firm continued ..... answer here and hence, this court after resolving the question referred, should also decide the writ petitions on merit. in all complaints filed under s. 28 r/w sch. iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971hereinafter 1971 act, entitlement to benefit of clause 4c of mso was specifically added by amendment and the respondent municipal councils have ..... 330. we agree with the finding of the learned single judge that this judgment of the supreme court is of no assistance to the workmen (before us in this reference also) as it dealt with an entirely different challenge. in that case, the workman's letter of appointment stated, he would be on probation for a period of six months. he however .....

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