Court : Mumbai
Reported in : 2007(4)BomCR784; 2007(5)MhLj454
..... , shall stand amended as directed in the eighth schedule.in paragraph 9 the bench then observed as under:we may now consider sections 26 and 27 and also the viith and viiith schedules to the bombay reorganization act, 1960-. by virtue of the viith schedule, the tribes for the state of gujarat and maharashtra were notified in parts vi and part ..... india with reference to the question of migrants. the case pertained to persons residing on the date of presidential notification in different parts of the same erstwhile state, which upon reorganisation became parts of different states. the petitioner therein, sudhakar, hailed from pandhurna, district : chhindwara and claimed at chandrapur (maharashtra state) to belong to halba, scheduled tribe. both ..... constitution bench in marri chandra v. dean s.g.s medical college reported at : 2scr843 , it may be useful to recount the facts of the case and the law laid down therein. the petitioner, therein, hailed from tenali in andhra pradesh and belonged to 'gouda' community, which is also known as 'goudi', recognized as scheduled tribe in ..... to be followed in seeking caste certificates and verification of such caste certificates by scrutiny committees. section 18 of the act empowers the government to make rules to carryout purposes of the act. section 19 enables the government to remove difficulties. in exercise of powers under section 18 of the government, had framed the maharashtra scheduled tribes (regulation of issuance and verification of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... came to be formed in the year 1956 under the act of 1956 was further reorganised under the bombay reorganisation act, 1960 (act of 1960). the appointed day of the said act is 1st of may 1960. under section 3 of the act of 1960, state of gujarat was formed comprising some of the territories of bombay and the residuary state of bombay was named the state of maharashtra. the territories which form ..... the light of the constitutional provisions, the provisions of the state reorganisation act and bombay reorganisation act. admiralty jurisdiction exercisable by every high court which every high court possesses in it plenary powers being the court of record and superior court cannot extend beyond its local limits. it is trite principle in admiralty law that vessel must be within jurisdiction of the court for being ..... particularly 14, 17, 20, 25, 26, 30, 44, 48, 49, 56, 58, 59, 65, 66, 67, 68, 72, 75, 78, 80, 83, 85, 88, 89 and 101 throw immense light on the extent and power of admiralty jurisdiction possessed by the high courts. the observations made by the apex court to the extent these are relevant for deciding the present controversy ..... proceedings are started. this view also finds support from the various paragraphs of the judgment of the apex court in m.v. elisabeth particularly paragraphs 66, 82, 83, 89 and 93. the said paragraphs read thus:---66. it is likewise within the competence of the appropriate indian courts to deal, in accordance with the general principles of maritime .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... known as the state of andhra. part v of the state reorganisation act, 1956 (xxxvii of 1956), did it for certain new and reorganised states and part iv of the bombay reorganisation act, 1960 (xi of 1950) constituted and established a new high court for the state of gujarat created by the said act. all these acts were ordinary laws.'as stated hereinabove, this passage finds place in' para 68 ..... the three lists could not have been intended to be in conflict with one another. a general power ought not to be so construed as to make a nullity of a particular power conferred by the same instrument and operating in the same field when by reading the former in a more restricted sense, effect can be given to the latter in its ..... the matter of investing the city civil court with extended jurisdiction. 15. this judgment was rendered by a 5judge bench of the supreme court. the full court held that the impugned act was a law with respect to ..... ultra vires the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i of seventh schedule, govt. of india act, 1935; and (2) whether section 4 of the act was void as it purported to delegate to the provincial government legislative authority in .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(2)ALLMR540; 2006(2)MhLj664
..... tribes in the state of maharashtra are set out therein.8. before we deal with the effect of the provisions of the constitution, bombay reorganization act, 1960, states reorganisation act, 1956 and the presidential order, 1950 which was amended by the bombay state reorganization act, let us consider the judgments which were cited before us, by the learned counsel for the petitioners to contend that it was ..... , they could not have taken the view as taken by them. it is submitted therefore, that the two judgments having not considered the provisions of the bombay reorganization act, 1960 do not lay down the correct law and as such would not be binding and consequently the question of making a reference does not arise. this apart from the fact that one was an ..... as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.it would thus be clear from a reading of the article, that the power is conferred on the president after consultation with the governor by public notification to specify tribes or tribal communities or part of the groups within the tribes or tribal communities ..... state of gujarat.sections 26 and 27 of the act deal with amendment of the scheduled caste and scheduled tribe order respectively. the explanatory note appearing after the 8th schedule to the act reads as follows:any reference in parts iv and vii-a of the schedule to a state, or to a district or other territorial division thereof shall be construed as a .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1986Bom298; 1986(3)BomCR174; 1986MhLJ474
..... 4 further contended that section 41, bombay reorganisation act, 1960 (act no. 11 of 1960) reads as follows :'41: without prejudice to the provisions of section 51, states reorganisation act, 1956, such judges of the high court at bombay, being not less than three in number, as the chief justice may, from time to time nominate, shall sit at nagpur in order to exercise the jurisdiction and power for the time being ..... dated 3rd august, 1984 is quashed by writ of certiorari. the respondent nos. 1 and 2 will however, be entitled to dispose of the items in question in accordance with law and in accordance with the usual procedure available to them. no order as to costs.'the writ if already issued in the present form of the order, the same may ..... or terminating the same, proceeding to allocate the two items amongst the three parties by the said resolution dated 3rd august, 1984 must clearly be held to be bad in law. in view of this, the petitioners would be entitled to the relief prayed, namely, that the resolution dt. 3-8-1984 be quashed.11. x x x x x x ..... purporting to allocate the items as aforementioned or allocate the areas in which the parties should operate. that the whole procedure followed by respondents 1 and 2 was contrary to law.8. in support of the aforesaid contention, mr. bobde relied upon the decision in the case of ramana dayaram shetty v. international airport authority of india, : (1979)iillj217sc . in that .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(4)ALLMR746; 2006(1)BomCR776; 2006(1)MhLj184
..... the territorial jurisdiction of this court and by reason of article 226 clause (1) the bench at nagpur would clearly have jurisdiction. the provisions of section 41, bombay reorganisation act, 1960 (act no.11 of 1960) read with rule 127, bombay high court appellate side rules, cannot abridge the writ jurisdiction.'the division bench concluded as follows:-'in view of this, the contention must be negatived. ..... .'rule 2 of chapter xxxi which was introduced after the formation of the aurangabad bench reads as follows:-'2. all appeals, applications, references and petitions including petitions for exercise of powers under articles 226 and 227 of the constitution arising in the judicial districts of ahmednagar, aurangabad, beed, jalgaon, jalna, nanded, osmanabad, parbhani and latur which lie to the ..... part of the cause of action has arisen within the normal territorial jurisdiction of another bench, that bench would also have jurisdiction to entertain the matter in view of the law laid down by this court in nitin industrial associates (supra). in fact, in kusum ingots & alloys ltd. v. union of india : 2004(186)elt3(sc) , the supreme court ..... observed by the division bench in nitin industrial associates (supra), the jurisdiction of the court is co-terminus with the territory of the state. therefore, as a matter of law, the litigants would be entitled to invoke the jurisdiction of the principal seat of any bench in respect of any matter arising anywhere in the state of maharashtra in view .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(5)BomCR25; 2008(131)ECC102; 2008(157)LC102(Bombay); 2008(230)ELT22(Bom)
..... to in sub-section (1) of section 3 of the bombay reorganisation act, 1960. there is no dispute that districts of greater mumbai, thane and kolaba which includes raigad are part of the state of maharashtra. the question is whether the area of the district extends to the territorial waters, the continental shelf and the exclusive economic zone. the convention on the law of sea ..... we may now refer to notification no.27/97-cus.(nt) dated 7th july, 1997. this is a notification issued in exercise of the powers conferred by sub-section (1) of section 4 of the customs act, 1962 whereby the central government has appointed officers to be commissioner of customs, deputy commissioner of customs and assistant commissioner of customs for the area ..... not to be disturbed by this court, particularly when no specific prejudice is caused to the assessee by the commissioner (preventive) exercising the powers of search, seizure and adjudication. referring to section 122 of the customs act, it is submitted that every case under chapter 14 dealing with confiscation of goods, etc., in which anything is liable to confiscation or ..... of maharashtra. in this notification apart from commissioner notified under column (3) of serial no.3 for the designated areas of the continent shelf and exclusive economic zone of india, power has also been conferred on the commissioner of customs (airport & aircargo) chennai, port (import), chennai, port (export), chennai for the designated areas in the continental shelf and .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(1)ALLMR693; 2006(1)MhLj485; 2006(Supp.)BomCR330
..... under this entry, tribe 'naikda' though referred but it is not in relation to district nanded.then came the bombay reorganisation act, 1960 and from 1st may, 1960, maharashtra state was formed by virtue of section 27 of this act. the amendment of the constitution (scheduled tribes) order, 1950 came to be amended which was in existence on ..... or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.by virtue of powers vested under article 342 of the constitution, the hon'ble president is empowered to issue public notification for the first time specifying the castes, race ..... this constitution be deemed to be scheduled tribes in relation to that state (or union territory, as the case may be).(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part ..... contention of shri deshpande. even though the respondent no. 1 is a person belonging to s.t. but unless the tribe is included by law enacted by the parliament in terms of article 342(2) of the constitution of india, such person cannot be considered to be entitled to protection ..... provisions sine qua non is that the tribe must be deemed to be tribe, nonetheless it is always permissible for the parliament to make a law either to include or exclude a particular 'tribe' from the list as specified by a notification issued under article 342(1) of the constitution .....Tag this Judgment!
Court : Mumbai
Reported in : 1990(2)BomCR232; 1990CriLJ615; 1989MhLJ791
..... attract jurisdiction under article 226 and that section 41 of the bombay reorganisation act, 1960 (under which nagpur bench is constituted) and chapter xxxi of the bombay high court. appellate side rules, 1960 (which deal with territorial jurisdiction of nagpur bench over matters arising in the judicial districts of vidarbha region) cannot override or abridge jurisdiction and power conferred under article 226 on the high ..... interpretation of the supreme court of original unamended article 226. thus, the conclusion about irrelevancy of cause of action reached therein in rendered per incuriam.9. section 41 of the bombay reorganization act or the appellate side rules cannot and do not curtail or abridge constitutional rights under article 226. they merely regulate the manner of its exercise and as ..... has come up for hearing within about six weeks of its filing.5. now, it is not in dispute that seat of detaining authority is not within territorial jurisdiction of bombay high court and hence article 226(1) is not attracted. is article 226(2) - which deals with cause of action - attracted is the crucial question. our attention ..... 226 of the constitution, challenged the order of detention passed under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 ('the cofeposa act') against his son-in-law haren choksey - a dealer in imported cars.2. the detenu is a permanent resident of bombay. the order of detention dated 30th january, 1989 is served on .....Tag this Judgment!
Court : Mumbai
Reported in : 1998(3)ALLMR528; 1998(4)BomCR462
..... scheduled tribe under the constitution (scheduled tribe) order, 1950, as amended by the scheduled castes and scheduled tribes lists (modification) order, 1956, the bombay reorganisation act, 1960 and the scheduled castes and scheduled tribes orders (amendment) act, 1976. on the basis of the said certificate, the petitioner obtained employment as a sales tax inspector in the month of november, 1961 in the ..... fact finding authority. the apex court in kumari madhuri patil and another v. additional commissioner, tribal development and others, : air1995sc94 , has indicated the limitations on the powers of this court in interfering in a writ petition on a question of fact. it was not difficult for the appellate authority to call upon the petitioner to produce the ..... respondents fairly states that in the event of the petitioner making such a representation for consideration of his claim for promotions, the same will be considered in accordance with law as expeditiously as possible. statement made by the assistant government pleader is accepted.24. rule is accordingly made absolute in the above terms.25. the first respondent ..... considerations, agreed to remove the area restrictions generally. on the basis of this report, the parliament enacted act no. 108 of 1976 on 18th september 1976 viz. the scheduled castes and scheduled tribes orders (amendment) act, 1976. section 4 of the said act of 1976 deals with the amendment to the scheduled tribes orders. the scheduled tribes orders were amended .....Tag this Judgment!