Court : Mumbai
Decided on : Nov-23-2005
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
Decided on : Aug-19-2005
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
Decided on : Sep-19-2005
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 : Andhra Pradesh
Decided on : Oct-07-2005
Reported in : 2006(1)ALD145
..... this court with the following observations at pages 274-275 (of scr) : (at p. 998 of air):the laws in different portions of the new state of madhya pradesh were enacted by different legislatures, and under section 119 at the states reorganisation act all laws in force are to continue until repealed or altered by the appropriate legislature. we have already held that the ..... to whether g.o. ms. no. 636, dated 29-12-1983 issued by the state of andhra pradesh while exercising its powers under section 26 of the andhra pradesh buildings (lease, rent and eviction) control act, 1960 (for short 'the rent control act') has become illusory, quite arbitrary and unreasonable with the passage of time and held that in view of the decision reported ..... presumed to be retrospective, unless such a construction is textually inadmissible.8. a statute, which not only changes the procedure, but also creates new rights and obligations, shall be construed to be prospective unless otherwise provided either expressly or by necessary implication.9. whether the amendment is brought during the pendency of the suits or actions, whether such amendment has ..... in malpe vishwanath acharya's case (supra), it was held 'taking all the facts and circumstances into consideration, we have no doubt that the existing provisions of the bombay rent act, 1947 relating to the determination and fixation of the standard rent can no longer be considered to be reasonable. the said provisions would not have been struck down as .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-18-2005
Reported in : RLW2005(4)Raj2823; 2005(4)WLC408
..... the central government and thereafter from 25.1.1950 the services were handed over to the bombay state. abu area was merged in the state of rajasthan from 1.11.1956 (under the state reorganisation act, 1956) (hereinafter referred to as 'the act of 1956'). it was, therefore, incomprehensible as to how tara chand became the employee ..... entirely baseless. it was also pointed out that late shri dosi was relieved as back as on 31.5.1950 by the bombay state and he had expired on 17.1.1960 and the suit filed by the plaintiffs was hopelessly barred by limitation.8. the central and pivotal question involved in the case ..... under consideration of the state government, out right dismissal of the suit on limitation alone was not approved. the suit was remanded for decision in accordance with law. however, the defendants were left free to agitate the question of limitation.26. on the question of limitation as involved in issue no. 16 it was ..... of the pension and gratuity payable, the learned trial judge held that the pension payable to late tara chand for the period 1.6.1950 to 17.1.1960 came to rs. 7,045.46 and gratuity to rs. 3,775.80. therefore, on issues no. 9 and 12 it was decided that the ..... officials to the government, such bills or forwarding note could not be construed as admission of liability by or on behalf of the state. the appellant sought to rely upon the provisions of sections 86, 91, 115(7), 116 and 117 of the act of 1956. referring to the text thereof the learned judge found that .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-08-2005
Reported in : 7SOT164(NULL)
..... . cit : 163itr129(mad) and the karnataka high court in the case of s.s. muddanna v. state of karnataka(1993) 89 stc 90. it has again been held by the bombay high court that in the garb of exercising power under section 263, the commissioner cannot initiate proceedings with a view to starting fishing and roving enquiries in matters or orders which are ..... examined the assessee's case with reference to the principle laid down by the supreme court and the definition of the word 'transfer' as defined in section 2(47) of the act. this important three case laws on the subject viz., in the cases of anarkali sarabhai (supra) kartikeya v. sarabhai (supra) and g. narasimhan (supra) have also been discussed. the term 'transfer ..... . if despite all the materials being on record, the assessing officer failed to properly appreciate the facts and applied the incorrect law, according to the commissioner, the case becomes fit for application of the provisions of section 263 of the act. he further stated that the assessing officer failed to go beyond the smoke screen and discover the true state of affairs. in ..... upon erroneous application of legal principles'. from the aforesaid definitions it is clear that an order cannot be termed as erroneous unless is not in accordance with law. if the assessing officer acting in accordance with law makes a certain assessment, the same cannot be branded as erroneous by the commissioner simply because, according to him, the order should have been written more .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-11-2005
Reported in : AIR2005SC862; 2005(3)BomCR139; JT2005(1)SC370; 2005(2)MhLj392; 2005(1)MPHT497; 2005MPLJ181(SC); (2005)2SCC591; 2005(2)LC812(SC)
..... legislation instead of challenging the view taken by the delhi high court before this court. 59. the reference to section 30 of the andhra act, 1953 or to the provisions of section 49 of the state reorganisation act, 1956 is of no avail. the investment of power in such cases, where a high court is set up in a reorganized state, is referable to article 4 ..... entry 11-a of the list iii). the expression `administration of justice' occurring in entry 3 of list ii of the viith schedule has to be construed in its widest sense so as to give power to the state legislature to legislate on all the matters relating to `administration of justice'. after the words `administration of justice' in entry 3 there is ..... the impugned notification. civil appeal nos. 2529 of 1992 and 2530 of 1992 are dismissed in terms of this judgment. transfer case (c) nos. 8-11/89 (i.e. writ petition nos 1953/87 and 1960, 1974 & 2054/87) are dismissed. civil appeal nos. 1222-1224 of 1985 are allowed, the impugned judgment of the full bench of the high court of ..... (act no. xvii of 1986) is ultra vires the constitution and null and void in law. transfer petition nos. 685-88/89 were filed before this court seeking transfer of writ petitions to this court. this court passed order withdrawing the writ petitions which were pending in the high court of bombay for being heard along with civil appeal nos. 1222-24/85 filed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-24-2005
Reported in : AIR2005SC4380; [2006(108)FLR58]; JT2005(9)SC285; 2005(8)SCALE580; (2005)13SCC207
..... unable to accept the contention raised. in the authority cited, the dispute related to inter se seniority of mamlatdars/tehsildars in the newly constituted state of bombay by virtue of the provisions of the states reorganization act, 1956. the inter se seniority of persons holding the same rank has a great bearing at the stage of promotion to a higher post and ..... of maharashtra : (1974)illj221sc , wherein it has been held that the rule which says that a court may not inquire into belated or stale claims is not a rule of law but a rule of practice based on sound and proper exercise of discretion and there is no inviolable rule that whenever there is delay, the court must necessarily refuse to ..... of munsiff magistrates as also backlog for scheduled castes and scheduled tribes candidates.in so far as backlog of sc and st candidates is concerned, it is a well settled law that such a backlog is permissible under the constitution scheme. in so far as women reservation is concerned, a division bench of this court by judgment dt. 31.8.1998 .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-04-2005
Reported in : ILR2005KAR1162; 2005(2)KarLJ337
..... record. it is the case of the petitioner that he was appointed as an attender in the department of agricultural produce marketing committee in the erstwhile state of hyderabad. after reorganisation on 1.1.1957, the petitioner was transferred to the agricultural produce marketing committee under the-jurisdiction of the karnataka state. as per the hyderabad civil service rules 1952 governing ..... .12.1984 with reference to retirement age of class-iv (group-d) servants allotted from the erstwhile states of bombay, madras, hyderabad and coorg under the states re-organization act, 1956. clause 3(b) of the notification, reads as under, is useful to refer:-'in cases, where group-'d' employees who have been appointed/promoted ..... , i need not dwell upon the merits of the case. however, in the academic interest, it is necessary to deal with the merits of the case and the position of law. in pursuance of the order passed in w p nos. 3786/1984 and 43297/1992, the government has issued a official memorandum bearing no. dpar 42 sde 84 dated 31 .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-09-2005
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... like.--(i) the bombay public trusts act, 1950;(ii) the madras hindu religious and charitable endowments act, 1951;(iii) the coorg temple funds management regulations, 1892; (iv) the mysore religious and charitable institutions act, 1927; (v) the hyderabad endowments regulations, 1349-f; (vi) the coorg temple funds management act, 1956;(vii) the renuka yellamma devasthana (administration) act, 1974.7. even after the states reorganisation act, 1956 (37 of ..... sikh. under article 25 explanation ii of the constitution says hindu shall be construed as including sikh, jaina or budhist. therefore, it is contended that the impugned act is violative of article 25 of the constitution.18. it is contended that in sections 9 to 16 of the impugned act, the power to appoint, suspend and dismiss an archak is specified. in further prescribes, qualification ..... amenable to statutory control. these secular activities are subject to state regulation but the religion and religious practices which are integral part of religion are protected. it is well-settled law that administration, management and governance of the religious institution or endowment are secular activities and the state could regulate them by appropriate legislation'.36. there were as many as ten .....Tag this Judgment!