Court : Mumbai
Decided on : Sep-04-1985
Reported in : 1986(1)BomCR403
..... in the case of madhukar dekate v. dean of the medical college, nagpur, letters patent appeal no ..... not bring them under the bombay school of law.' the circumstances that the priests of the parties are maharashtra brahmins has also been considered and it is held that the aspect is not conclusive of the matter. the submission that they had abandoned their law of origin, was not accepted.10. a division bench of the madhya pradesh high court (hidayatullah & choudhari jj.) ..... order 1950 ( s.c. order) and the constitution (schedules tribes) 1950 ('st order). by virtue of authority conferred by these very articles, the parliament amended the lists by the scheduled castes and scheduled tribes order (amendment) act, 1976 ('the act'). in this and other concerned cases, we are concerned with the scheduled tribes 'halba/halbi at entry no 19, para ix, second schedule of ..... on behalf of the petitioners in that case and that if the point were arising for decision before the court for the first time, it would have been most certainly inclined to accept the same, still since a previous decision of the bombay high court rendered about fifteen years earlier and taken a contrary view and the point was taken as having been .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-08-1985
Reported in : AIR1986Guj156; (1986)1GLR101
..... s. 104 are attracted and it is applicable to the letters patent appeals also because the letters patent appeals cannot be said to be an exception and cannot override the provisions of the code of civil procedure.'the very same view is reiterated by a later division bench judgment of the bombay high court in charity commissioner, maharashtra state, bombay v. rajendrasingh anandrao jadhao : air1984bom478 (nagpur bench at nagpur ..... s. 100a referred to earlier which has been brought on the statute book by amending civil p.c. by amendment act, 1976, the letters patent appeals are expressly barred in cases contemplated by the said provision. the said provision reads as under:'100-a. notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other ..... under certain other statutes like the employees state insurance act, 1948, further appeals do lie to the high court against appellate orders passed by lower courts under such acts. for example, under section 54a of the employees' state insurance act, 1948, an appeal lies to the employees' insurance court against decision of medical board, while second appeal lies to the high court under s. 82(l) against orders of the employees .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-01-1985
Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; 3SCR26; 60STC213(SC)
..... reason of the judgment of the high court, the definition of the term 'dealer' was amended with retrospective effect by the madhya pradesh general sales tax (amendment and validation) act, 1971, so as to nullify the finding of the high court that neither the state government nor its ..... tax officer. harbour div ii. madras v. young men's indian association(reg.) madras and ors. ; : 3scr680 and state of maharashtra and anr. v. champalal kishanlal mohta. : 1scr46 .51. in addition to the above constitutional limitations on the orissa state's power ..... only when there was a completed sale involving transfer of title. in that case the uttar pradesh sales tax act, 1948, had been amended so as to include forward contracts in the definition of 'sale' and to provide that forward contracts should be ..... government of the state of orissa. as no reply was received to the said letter, the respondent company and the said kanak ghosh filed writ petition in the high court of orissa, being o.j.c no. 811 of 1977, challenging the validity ..... of each copy of his work which is sold, or to an inventor in respect of each article sold under the patent.121. we are not concerned with the second meaning of the word 'royalty' given in jowitt. unlike the timber ..... , then belonging to the state of madhya pradesh and on the reorganization of states transferred to the erstwhile state of bombay, granted to the petitioners right to take forest produce, mainly tendu leaves, from forests included in their zamindaris. the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-19-1985
Reported in : 1990LC69(Delhi); 1986(24)ELT205(Del)
..... would otherwise result. [swarnath bhatia - appellant, air 1948 mad 427 calcutta high court in the case of benoari lal sarma and others v. emperor, , took the view that, 'the rule of interpretation in section 38 of the interpretation act, 1889 is a principle which exists independently of the interpretation act and, thereforee, applies as effectually to the letters patent as to a statute. it is true that ..... proviso : 'and the landholder has given intimation to the tenant of the default within a period of six months of each default.' the amendment act received the assent of the president on december 18, 1960 and was published in the maharashtra government gazette extra-ordinary, on december 29, 1960. 51. since the landlord had not given intimation to tenant of the default of ..... a procedural law and it was the duty of the trial court to take note of the change in law. the observations of the supreme court were made in the light of the facts that a money decree had been passed by bombay high court in 1960. the decree was transferred for execution to the court at goa after it became a union territory of india ..... . execution application was dismissed by goa court on the ground of non-executability of the decree. pending appeal to the additional judicial commissioner against that order .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-23-1985
Reported in : (1986)88BOMLR308
..... me, though i have treated mr. chinoy as the advocate in charge of the appeal. there is also provision in rule 2 of chapter xxxii of the bombay high court appellate side rules, 1960 empowering the court, on application, to allow two advocates to be heard on behalf of any one of the parties.12. the main question to be decided is whether clause ..... could be said by any high court.19. on the other hand, if we notice the provisions of both the indian stamp act and the bombay stamp act we observe that both the parliament and the state legislature have treated the allotment of shares and the sale of shares differently. article 36 in schedule i of the indian stamp act speaks of letter of allotment of shares ..... as 'clause (j)', applies and in view or the provisions contained in section 8 of the suits valuation act, as amended by maharashtra act iv of i960, the value of the court fee and jurisdiction will be the same. section 8 of the suits valuation act. as applicable to maharashtra, is as follows: -where in suits other than those referred to in paragraphs (v) and (vi) and ..... plaintiffs would stand to benefit. what the plaintiffs stand to gain consequently as a result of this suit it is really impossible to say ...this view was upheld in the letters patent appeal by the division bench expressing its view as follows (at page 593): -if in a case there is some standard by reference to which it may be possible to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-30-1985
Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; Supp3SCR264
..... thereupon filed an appeal in the bombay high court which was allowed by a learned single judge of that high court on february 5, 1963. the first respondent thereupon filed an appeal before a division bench of the said high court and the division bench on april 19, 1968, allowed the said appeal but directed that the respondent's application be amended so as to read the trade ..... licence to import certain ingredients used in the manufacture of 'dristan' tablets and imported such ingredients. it further applied for and obtained from the director, drugs control administration, state of maharashtra, permission to manufacture 'dristan' tablets. the appellant also filed a notice of opposition to the first respondent's application for registration of their mark 'tristine'.49. during the third period ..... trade mark from the register and is in pari materia with section 46 of the 1958 act. section 32 deals with rectifying the entries in the register and is analogous to section 56 of the 1958 act.59. under section 87 of the patents, designs and trade marks act, 1883(46 & 47 vict. c. 57), any registered proprietor could grant licences to use the ..... against that case, we have the decision of the high court of australia in aston v. harlee manufacturing company (1959) 103 c.l.r. 391, on which fullagar, j., held (at pages 402-3):i would only add that the 'registered user' provisions of the trade marks act were introduced in 1948, and an intention to take advantage of those provisions would, in my .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1985
Reported in : 1985(Supp)SCC476; Supp1SCR145
..... been made as an agency of the market committees for the construction of these roads which facilitated the purpose of the market committees as amended by the amending act. i am, therefore, of the opinion that the high court was in error in holding that the second major defect noticed in the law authorising the levy on the sellers in rajasekharih's case (supra) namely ..... .1984) (judgment delivered by chinnappa reddy, j.).183. prior to all this, in the case of state of maharashtra and ors. v. the salvation army, western india territory : 3scr475 this court had to consider the question of fee under bombay public trust act, 1950. the court noted that fee was defined as a charge for a special service rendered to individuals by the government ..... on 15.9.1983 in respect of an application made by the marketing committee, honsur, state of karnataka, the tobacco board refused the application on certain grounds mentioned in that letter. that indicated that it was thought that the market committees should apply to the tobacco board for registration, yet on 13 of october, 1983, tobacco board applied to the market ..... may arise when both state legislature and commonwealth seek to exercise their powers on the same subject victoria v. commonwealth,  58 c.l.r. 618; wenn attorney general (vict.)  77 c.l.r. 84 nicholas, australian constitution 2nd edn. at p. 303. tikaramji : 1scr393 . deep chand v. state of u.p.  su 2 scr 8 . ex-parte .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-01-1985
Reported in : (1987)ILLJ294Bom; 1986MhLJ677
..... ruling of our high court in the case of narendra keshrichand fuladi vs . state of maharashtra, : (1985)iillj24bom . there the court was called upon to consider whether an office maintained by a lawyer or advocate would fall within the purview of the bombay shops and establishment act. their lordships considered the provisions of section 2(b) of the bombay shops and establishments (amendment) act (64 of 1977 ..... charging him with breach of section 7(4) read with sections 52 and 56 of the bombay shops and establishments act, 1948. it is against this summons and the proceedings taken against him in case no. 294 of 1984 that the petitioner has approached this court with a prayer to exercise its inherent powers for the purpose of quashing the said summons ..... which the petitioner has been prosecuted. the notification states :-'in exercise of the powers conferred by sub-section (1) of section 5 of the bombay shops and establishment act 1948 (bom. lxxix of 1948), the government of bombay is pleased (1) to declare with effect from 1st march 1951 the establishment engaged by a landlord for the collection of rents of his property ..... the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused; (3) where the discretion .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-17-1985
Reported in : 1986(2)BomCR305
..... this petition under article 226 of the constitution is aimed against a notification issued under section 4 of the bombay shops and establishments act, 1984 (hereinafter referred to as the 'shops act') and the letter of instructions dated 2-4-85, issued by the senior regional manager of respondent no. 1 to its ..... mind, any more than any other law can be. an executive act is liable to be struck down on the ground of non-application of mind. not, the act of a legislature.'our attention was drawn to the view of the madras high court reported in m.t. mills v. state, : (1969) ..... iillj133mad . under the payment of bonus act, the state government was conferred with certain discretion vide section 36 ..... . the state legislature, passed the shops act with a view to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments, in the state of maharashtra. section 4 of the shops act empowers the state government to exempt establishments ..... , requiring it to follow, the principles of natural justice. similar submissions have been raised on a number of occasions in the past. the supreme court in the tulsipur sugar co. ltd. v. notified area committee, tulsipur : 2scr1111 'the solution to the question raised before us principally .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-03-1985
Reported in : AIR1985AP299
..... sec. 5(3) (b) and rule 2-a of the bombay tenancy and agricultural lands act was not accepted, as the procedure prescribed by the said section and rules was held to be mandatory. a division bench decision of the orissa high court in basanti talkies v. state of orissa 1982 lab ic 474 held ..... category-ii (non-industrial) are around 200. 10. in revising tariffs, the board invariably invokes its power under sec. 49 of the electricity *supply)act, 1948 (supply act) and all contractual, statutotry and other powers. the common ground of revision is:- 'the cost of production of electricity has gone up considerably since the ..... is evident from the akhila bharatiya grahak panchayat case : air1983ap283 (supra). the writ petitioner in w.p.no.8177/84 has, by way of an amendment, sought in w.p.m. no.3074/84to quash the tariffs 1981 as well, after nearly a lapse of about three years. both for the reason ..... set down on this day viz., on thursday the fourth day of april one thousand nine hundred and eighty five for being mentioned in pursuance of the letter of mr. a. panduranga rao, k. srinivasa moorty and g. sarangan, the advocates of the petitioner in all dt. 3-4-85 and upon ..... v. union of india, : 1978crilj1281a , the supreme court in rohtas industries case : 3scr59 (supra) proceeded to say: 'in the ultimate analysis , the mechanics of price fixation is necessarily to be left to the judgment of the executive and unless it is patent that there is hostile discrimination against a class of persons, .....Tag this Judgment!