Court : Mumbai
Decided on : Aug-12-1980
Reported in : AIR1982Bom176
..... employees'. the proposal of the director of the institutor was approved by the vice-chancellor by exercising his powers under s. 11 (4) of the university act, 1974, that section provides that in case of emergency the vice-chancellor can take any decision which any other authority is empowered to take, the decision as taken ultimately goes to ..... with lot of difficulties in the matter of education. apart from the problems of language, lit is not easy or always possible to get admission into institutions imparting medical education in foreign countries ...............the classification in all these cases is based on intelligible differentia which distinguished them from the group to which the petitioners belonged'.15. this ..... few types of --------------------------------------------------------------------------------------------------------------------------*bracketed portion substituted as per correction order dt. 28-8-1980. in c. a. no. 1094 of 1980-ed.classifications for admission to the medical and other colleges has arisen before the supreme court in a number of cases. it will not be out of place to briefly refer to those cases for the ..... the opinion, the contention cannot be accepted for two reasons. in the first place while deciding the admission of students students to the degree course the object can be (1) imparting education, and (2) selection cannot have any relevance while deciding this function of admitting the students to the various curses. it may be material to note that .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-04-1980
Reported in : (1980)82BOMLR678
..... stage carriage. chapter ii of the said act provides for licensing of drivers of motor vehicles. we are ..... service in the state or part of the state for which it is established and in any extended area. the definition of 'extended area' is to be found in section 2(e). the powers of the corporation are indicated in section 19. section 20 contains special provisions providing for the extension of the operation of the road transport service of a corporation to ..... the provisions of the said act with particular reference to those which would .have a certain impact on the points under consideration.5. the motor vehicles act, 1939, is an act to consolidate and amend the law relating to motor vehicles. section 2 thereof is the definition section, and we may note that the different sub-sections thereof provide for the definition of contract carriage and ..... people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds;(d) that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest;(e) that in order to sustain the presumption of constitutionality .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-01-1980
Reported in : (1980)82BOMLR494
..... appointment of dr. c.p. singh was illegal as it was made without any recommendation by the selection committee. the high court made reference to section 2 and to section 4. section 2 runs as follows :in this act and in the statutes unless the subject or context otherwise requires :teacher includes professors, readers, lecturers and the persons imparting instructions and guiding and conducting ..... selection committee but we have also pointed out that he is relying upon the statutory provisions to show that the selection committee was not properly constituted as per section 45 of the university act. if the petitioner were to challenge the very constitution of the selection committee itself, then the ruling on which mr. deshpande placed reliance, regarding collateral attack ..... all maintainable. the next ruling is alex beets v. m.a. urmese : air1970ker312 . in this ruling, a writ for quo warranto was asked for by a medical graduate against an hon. medical officer with certain other reliefs. it was contended that the government was bound to observe the provisions of article 16 of the constitution of india and to advertise ..... the petitioner had not even submitted his thesis for doctorate in geology whereas respondent no. 3 who was appointed by the university had the doctorate in his pocket. the doctorate degree was one of the essential qualifications prescribed for the appointment to the post of professor of geology. even then, the selection committee, which met for the purpose of selecting .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-17-1980
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... the cowl has observed that when section 107 of the 1913 act was replaced by section 224 in the 1935 act, sub-section (2) of section 224 was newly introduced and the idea presumably was to nullify the effect of the decisions of different high courts but the expression 'the idea presumably was' itself clearly suggests that that wax not the, definite opinion of the court. ...in our ..... government of india act'. we will, however, for the ..... is the government of india act, 1915 (5 & 6 geo. v c. 61). this act was amended in 1916 by the government of india (amendment) act, 1916 (6 & 7 geo. v c. 37), and principally by the government of india act, 1919 (9 & 10 geo. v c. 101). the government of india act, 1915, as so amended, is, under section 135 of that act, to be cited as 'the ..... .c. 546, adaikappa chettiar v. chandrasekhara thevar (1947) l.r. 74 indap 264 s.c. , secretary of state for india v. chellikani rama rao i.l.r. (1916) mad. 617 a.i.r.  p.c. 21, mavng ha thaw v. ma pin , and hem singh v. basant das .88. it is pertinent to note that the high court's power to .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-01-1980
Reported in : 1991(34)LC406(Bombay)
..... of the petitioners are not of much relevance and are not applicable to the facts of our case. in our case, section 2 of the mica labour welfare fund act, 1946 is the charging section. the levy of cress is on export of 'mica in whatever state'. we should not confuse the issue by trying ..... as mica. in any event, micanite aptly falls within the meaning of the words 'mica in whatever state' as contained in section 2 of the mica mines labour welfare fund act and it is for the petitioners to conclusively show that micanite is not mica in whatever state. the respondents also point out that ..... . 1978 and have taken certain preliminary objections to the maintainability of the petition on merits the respondents rely upon the wordings of section 2 of the mica mines labour welfare fund act, 1946. they submit that micanite has all along been treated as a form or a shape or a sort of mica and ..... brussels tariff nomenclature under heading no. 25.26 thereof. from the said nomenclature, it is evident that micanite is only a built-up mica and is definitely a sort or a shape of mica itself. micanite has also been classified as a manufactured mica in the commodity study report on fabricated and manufactured ..... micas which are a series of silicate minerals characterized physically by a perfect basal cleavage; they yield, with ease, thin tough famines that have a high degree of flexibility. splittings with uniform thickness of 1.0 to 0.1 mm are readily obtainable.16. all micas crystallize in the form of flat, .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-29-1980
Reported in : 139ITR316(Bom); 6TAXMAN202(Bom)
..... 'some object permitted by law' for the words 'another, or of another and the owner' occurring in the definition of 'trust' given in section 3 of the indian trusts act would make a satisfactory definition of a public charitable or religious trust. it is also pertinent to note that under s. 78 of the ..... trusts which are not for charitable or religious purposes, we have the definition of trust given in s. 3 of the indian trusts act, 1882. under that section a trust given in s. 3 of the indian trusts act, 1882. under that section a trust is defined as 'an obligation annexed to the ownership of ..... held. i.e., the beneficiaries.'32. the dispute in that case was whether the second certainty, namely, setting apart of definite property and the settlor depriving himself of the ownership thereof had been fulfilled and on the facts of that case it was found that moneys had ..... certainties there described are required to create a charitable trust, they are : (1) a declaration of trust which is binding on the settlor. (2) setting apart definite property and the settlor depriving himself of the ownership thereof; and (3) a statement of the objects for which the property is thereafter to be ..... birds and an art gallery and for payment of certain fixed allowances to acting shebaits as well as to the widows of deceased shebaits, maintenance of horse drawn carriages and motor cars for the use of the shebaits, medical aid to the shebaits and their families, expenses on account of sraddha .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-25-1980
Reported in : 1982(2)BomCR416
..... the principal offence is not established, the other offences also automatically fails.19. shri gaikwad also urged that a cheque or a document only completes the definition of an account or a document only when it is signed only the author. according to him, in the instant case, when the cheque is signed ..... j.1. this appeal is directed against the judgment of conviction passed against the present appellant under sections 409 and 477a of indian penal code and section 5(1)(c) read with section 5(2) of the prevention of corruption act, whereby he was convicted for r.i. for one year for each of the offences and the ..... that :'it is sufficient if the accused is able to prove his case by the standard of preponderance of probabilities as envisaged by section 5 of the evidence act as a result of which he succeeds not because he proves his case to the hilt but because probability of the version given by ..... and from the said document, we find that p.w. 12 nemade was arrayed as a principal accused and the present appellant as accused no. 2 under section 120-b of indian penal code read with other offences. as already stated there is no explanation forth coming from the prosecution as to how ..... the accused he is able to persuade this court that the offence of criminal misappropriation has not established against the accused, then automatically the offence under section 477-a must also fail. for this purpose he relied on a decision of the madras high court reported in 1968 criminal law journal page 1378 .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-19-1980
Reported in : (1981)83BOMLR196; 1981CriLJ958; 1981MhLJ304
..... or simple. some kinds of orders may fall in between the two. by a rule of harmonious construction, we think that the bar in sub-section (2) of section 397 is not meant to be attracted to such kinds of intermediate orders, they may not be final orders for the purposes of article 134 of ..... no uncertain terms that the scheme of the code vis-a-vis the provisions under title 'dispute as to immovable property' in chapter x has some definite pattern. the fabric has different layers inter-woven, common thread being existence of the dispute which is likely to cause breach of peace. one of ..... touch the important rights or liabilities of the parties or even an important and integral aspect of the proceeding. this is certainly of a lower degree than substantially affecting or deciding rights of the parties or any aspect of the proceeding and even then it can be lifted out of the concept ..... the constitution, yet it would not be correct to characterise them as merely interlocutory orders within the meaning of section 397(2) ......'24. bearing in mind the guidelines enunciated in the ratio of various judicial pronouncements, the scheme of the code in that behalf, the ..... in khudiram das v. state of west bengal, : 2scr832 , where the supreme court while dealing with the order under the maintenance of internal security act, observed as (at p. 453 of cri lj) :'the power of detention is not a quasi-judicial power. but the subjective satisfaction of the detaining .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-20-1980
Reported in : (1981)83BOMLR37; 1981MhLJ82
..... xxxvi is limited and the magistrate cannot, except as thereunder provided, usurp the jurisdiction in matrimonial disputes possessed by the civil court. sub-section (2) of section 489 expressly makes orders passed under chapter xxxvi of the code subject to any final adjudication that may be made by a civil court ..... as observed by the supreme court in bai tahira's case : 1979crilj151 , article 15(3) has compelling compassionate relevance in the context of section 125 and benefit of doubt, if any, in statutory interpretation belongs to ill-used wife. protection against moral and material abandonment manifest in article ..... the said question and therefore the interpretation put forward by the learned additional sessions judge on the expression 'unable to maintain' as used in section 125 of the code of criminal procedure is wholly incorrect.9. so far as the interpretation put forward by the learned additional sessions judge ..... or there is a manifest error on the point of law which has consequently resulted in miscarriage of justice. the revisional court is not expected to act as if it is hearing an appeal. (see state of orissa v. nakula sahu, : 1979crilj594 ). this is not a case wherein it ..... the means of the wife altogether from consideration. rather, there is a definite indication in the language of the associate section 489(1), that the financial resources of the wife are also a relevant consideration in making such a determination. section 489(1) provides, inter alia, that 'on proof of a .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-28-1980
Reported in : AIR1981Bom95; 1981MhLJ587
..... power, or ordering something to be done or not to be done accompanied by some sanction or penalty for its non-observance' conceived under the said definition.38. mr. setalvad drew our attention to section 38 of the act which separately empowers the board to frame the bye-laws- on points enumerated therein, and emphasised how the power of the board under ..... of march, 1980 from ram narain ruia college, bombay, with science subjects as his optionals. he claims to have had a very brilliant career and had 'intended to go for medical course. however, contrary, to expectation of passing the examination with distinction, and securing 90% marks, he was, to his shock, declared to have merely 'passed' on 2nd june, 1980 ..... as to the concept of bye-laws or any other principle, howsoever weighty and binding can never amount to statutory definition thereof. secondly, the concept of bye-laws enunciated by lord chief justice russel in his judgment in kruse case (1898) 2 qb 91 cannot, and in fact is not, intended to be exhaustive.this is made clear by the lord ..... implementation. on the other hand, essence of any ministerial function is that its discharge 'involves no element of discretion or independent judgment' (see p. 70 under the heading 'ministerial', chapter 2, 'classification of functions' of de smith' judicial review of administrative action, fourth edition, dealing with distinguishing features of legislative, administrative (or executive), judicial (or quasi-judicial) and ministerial functions .....Tag this Judgment!