Court : Mumbai
Decided on : Jan-25-1988
Reported in : I(1988)ACC456
..... that haryana state had no control over the driver and he was not in its employment, but on the other hand was acting in the course of the employment of the municipal committee at the time of the accident and so no vicarious liability would be that of the employer. no such evidence of ..... kunhikuttan nair : 2scr688 which was decided on 8-10-1969. we may point out that in lachhman singh v. gurmit kaur the full bench of punjab and haryana high court after noticing : 2scr688 , observed in para 27 that the compensation to be assessed is the pecuniary loss caused to the dependents by ..... ltd. v. r. m.k. veluswami : 1scr929 , c.k. subramonia iyer v. t. kunhikuttan nair : 2scr688 and by the full bench of punjab and haryana in lachhman singh v. gurmit kaur . the compensation which would be payable would work out to rs. 1,80,000/- on the basis of the pecuniary ..... he is employed to do. on behalf of the appellant reference was made to municipal committee, sonepat v. khushi ram: 1983 punjab law reporter 313), where on a finding that the vehicle was in possession and under the control of the municipal committee, sonepat, it was held that the haryana state who owned the vehicle ..... insurance policy dated 19-11-1974, while 5th defendant was insurer of the motor-cycle it was alleged that the accident was caused by the wrongful act, neglect or default of the 1st defendant and compensation was claimed as stated above.4. the contest was only between the plaintiffs and the 3rd defendant .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-14-1988
Reported in : AIR1989Bom111; (1988)90BOMLR219
..... of india v.l.k. ratna : 164itr1(sc) ; k.1. shephard, v. union of india : (1988)illj162sc ; olga tellis v. bombay municipal corporation : air1986sc180 and sc l. kapoor v. jagmohan : 1scr746 on the question of observance of the provisions of natural justice.41. a reading of the provisions ..... of the authority, order has to be sustained. the court in that case held as the order of the state government superseding the nagpur municipal corporation was based on two grounds one of which was relevant and the other irrelevant, was valid, the fact that one of those grounds ..... law in force on the date of the appointments. reliance is placed on the observations of a full bench decision of gujarat high court in anand municipality v. union of india : air1960guj40 . in that case the question as to the interpretation of the expression 'any law in force immediately before the ..... manager, southern railway v. rangachari : (1970)iillj289sc , which observations have been quoted with approval in a later decision fo the supreme court in state of punjab v. hira lal : 3scr267 .17. on the other hand the learned advocate general submitted that s. 57 prescribes a specific mode of selecting teachers ..... establish that the corporation was not competent to perform its duties under the city of nagpur corporation act . this decision was followed by the supreme court in a later case in swaran singh v. state of punjab : air1976sc232 (sec observations in para 18). in the present case both the grounds viz., .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-22-1988
Reported in : AIR1989Bom250; 1988(3)BomCR642; (1988)90BOMLR578; 1989MhLJ165
..... ;within the limits of all the areas, other than the area of the municipal corporation of greater bombay, referred to in sub-cls. (i). (11), (111), and (1v) of cl. (b) of sub-sec (i), at the rate ..... paid to the state government entertainment duty in the case of video game at the following lump sum rates, namely;(a) within the limits of the municipal corporation of greater bombay at the rate of rs. 500 per machine per month on the total number of machines installed in the video games parlour ..... government having regard to the plurality of criteria which have to go into the fiscal success of the measure. (see , avinder singh v. state of punjab).8. it may be stated at the outset that the reasonableness of the tax is not challenged nor it is alleged that the tax imposed is exhorbitant, ..... basis of taxation. in support of her contentions she has placed strong reliance upon the various decisions of the supreme court, including . avindar singh v. state of punjab. air 1976 sc 670, income-tax officer v. n,. taken roy, start e of karnataka v. m/s. air corporation and a decision of this court ..... of writ petition no. 1159 of 1977 ahmeddabed mauncaturing and calico printing co., ltd v. municipal corporation. greater bombay decided on 17th july, 1987: (reported in air 1088 bom 384). in fact the tax is levided on the act of entertainment itself. it is then contended by her that classification is made area-wise .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-01-1988
Reported in : (1994)IIILLJ877Bom
..... and ors. : (1973)illj278sc ; lalla ram v. d.c.m. chemicals works ltd. and ors. : (1978)illj507sc ; the municipal corporation of greater bombay v. p.s. malvenkar and ors. : (1978)iillj168sc ; management of u.s. dutt & co. (p) ltd. : (1962)illj374sc ; punjab beverages pvt. ltd. chandigarh v. suresh chand and anr. : (1978)iillj1sc ; raymond woollen mills ltd. v. a.k. thorat ..... of the action taken by the employer. it is, therefore, incumbent upon the concerned authority to consider, while entertaining an application under section 33(2)(b) of the act, whether certain prerequisites are satisfied before permission or approval is accorded to the employer for discharge or dismissal of any workman during the pendency of the proceeding before the said ..... to appreciate the rival contentions raised by the learned counsel on both sides, it may be worthwhile to state here the relevant provisions of section 33(2)(b) of the act as under:- '33. conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings. (1) during the pendency of any conciliation proceedings before a conciliation ..... same date for the reasons separately, recorded. however, since an industrial dispute was pending before the second respondent-industrial tribunal applications under section 33(2)(b) of the act were filed by the company before the said tribunal for approval of their action of terminating the services of the petitioners. it was alleged against the petitioners in the statement .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-09-1988
Reported in : AIR1989Bom339; 1989(2)BomCR445
..... 6 years. thus practically there is no explanation , much less reasonable explanation, for this delay. it has been brought to our notice by shri dalvi, learned counsel appearing for the municipal corporation, nasik that in all 38 properties are being acquired for the purpose of road widening . out of them 8 properties are involved in these writ petitions. in all about ..... locality were also demanding the same. in anticipation of the road widening victoria bridge now renamed as ahilyabat holkar bridge, has been strengthened. the municipal council has also deposited about rs. 30 lacs with the land acquisition act acquisition officer being the compensation money. in these circumstances according to the respondents this is not a fit case for interference in the writ ..... to republish the draft development plan (revised),as per the provisions and suggestions were invited. about 91 objections and suggestions were received. after considering the said objections and suggestions the municipal council submitted a draft development plan (revised) to the government for sanction on 29th of june 1978. government sanctioned the plan on 26th of september 1980 as a date on ..... district deputy collector on 5-4-1919. this position is also reflected in the records of the nasik mum. council as well as in the revenue records. in or about 1911 there was a proposal for acquisition of the said property for the purpose of road widening, but subsequently it was dropped in view of the existence of the temple and .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-22-1988
Reported in : 1989(1)BomCR434
..... kumar jain and others, : 1986crilj917 pukhraj v. state of rajasthan and another, : 1973crilj1795 ; municipal corporation of delhi v. ram kishan rohtagi and others, : 1983crilj159 k.m. nanavati v. state of maharashtra, : air1962sc605 ; jai dev and another v. state of punjab, : 3scr489 ; ram dahin singh and others v. state of bihar : (1970 ..... proves the offence charged against the accused beyond reasonable doubt. therefore, on the basis of the provisions of section 105 of the indian evidence act, it cannot be urged that the accused must face trial and prove their defence, though the evidence adduced by the complainant in the ..... when the latter submitted his representation for cancellation of his transfer. it was held that in assaulting the complainant the post master general was not acting in the exercise of his duty and hence no sanction under section 197 cri.p.c. was necessary. in j.p. sharma v.vinod kumar ..... the harm or death inflicted to avert the danger is not substantially disproportionate to and incommensurate with the quality and character of the perilous act or threat intended to be repelled.(5) there must be no safe or reasonable mode of escape by retreat for the person confronted ..... the head-note thus ;-'the code (that is, the indian penal code) excepts from the operation of its penal causes large classes of acts done in good faith for the purpose of repelling unlawful aggression but this right has been regulated and circumscribed by several principles and limitations. the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-30-1988
Reported in : 1989(2)BomCR410
..... 1979 he was ready to pay the balance consideration of rs. 14,00,000/- for getting the saledeed executed. however, he has admitted that the punjab national bank sanctioned the loan of rs. 6.50 lakhs to the plaintiff on 13th march, 1979. it is, therefore, evidence that the plaintiff ..... padhye. this bank draft was, however, cancelled on 16th december, 1978 and amount thereof was deposited by the plaintiff in their account in the punjab national bank at amravati. the bank wrote a letter to the defendants that payment would be released on furnishing clearance from the reserve bank of ..... cannot make themself dependent on the documents regarding the title of the defendant for furnishing the bank guarantee. even otherwise, it appears from record that punjab national bank requisitioned various documents not for furnishing the bank guarantee by the plaintiff in favour of the defendant, but for grant of loans to ..... to the sellers will be completed by 15th of march, 1979. the plaintiff by letter dated 23rd january, 1979 (exh. 135) to the punjab national bank complained about delay in sanction of loan and furnishing of bank guarantee. even otherwise, these aspects certainly demonstrate that the plaintiff was not ..... e) (clause : 8) the agreement will fall through if the refusal to grant permission to sale under urban ceiling act, is maintained by the high court.(f) (clause : 9) the vendee to pay municipal taxes till 15th march, 1979.(g) (clause : 12) the vendor to get lease deed of the land registered .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-14-1988
Reported in : AIR1989Bom156; 1988(4)BomCR423; (1989)91BOMLR537; 1988MhLJ1027
..... question or to maintain the writ petition. it is unnecessary for us to pursue the question whether in the instant case s. 81, bombay municipal corporation act , has any application or not.7. we also reject the argument that the appellants-petitioners' interest having been extinguished, they were not entitled ..... be caused if the illegal proceedings are not allowed to be further proceeded with. on the other hand, both the state government and the municipal authorities must be considered to be fully aware of the proposals for modifications in the development plan. while steps were being taken by them ..... several reported decisions including the decisions in the cases of gadadhar v. state of west bengal : air1963cal565 and suresh verma v. state of punjab air 1971 p&h; 406. we are in entire agreement with the above observations of the delhi high court. we are unable to accept ..... with the acquisition ceased and all further proceedings including making of the award and taking of possession would be void and without jurisdiction. the act subsequent to the disappearance of the purpose specified in the declaration under s. 6 was ultra vires or beyond the jurisdiction and, therefore, ..... the event hereinafter mentioned. hence this appeal before us. 2. on 7th february 1967 a development plan prepared under the manarashtra regional and town planning act , 1966, was finalised. under the said plan, the cadastral survey plot no. 503 was reserved for extension of dharavi sewerage purification works. on .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-1988
Reported in : 72STC69(Bom)
..... with the result that the provision of section 9(1) is hereby held to be intra vires as also the provision of section 4-b of the punjab act ..............'46. the full bench then considered the alternate situation and felt that even if two views were possible (i) that it was a tax on ..... contains an exception qua an agriculturist who sells exclusively agricultural produce grown by him and also contains an explanation categorising several bodies such as bombay port trust, municipal corporation, etc., to dispose of goods as unclaimed or confiscated, etc., who shall also be deemed to be a dealer to certain extent of such ..... of andhra pradesh to which reference is made in the full bench judgment of the punjab and haryana high court, similar construction was based on the relevant provision which is in conformity with the view we are taking. therein section 6a of ..... in the union list in entry no. 92-b but exclusively falls in entry no. 54 of the state list. this full bench decision of the punjab and haryana high court, therefore, with which we are in respectful agreement, reinforces our conclusion in every respect.47. in hindustan milkfood . v. state ..... there since this decision has been expressly overruled by the full bench of the same high court in des raj pushap kumar gulati v. state of punjab , though it must be said in fairness to the learned counsel for the petitioners that he himself had cited this decision though no doubt he .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-08-1988
Reported in : AIR1989Bom9; 1988(4)BomCR282
..... the main contention of the claimants was that the land which was acquired , had non-agricultural potential, highlighted by it being situated within the municipal limits of gondia, adjacent to gondia-balaghat high way and its vicinity to the residential locality. the site was of much importance for commercial as ..... could not be the proper basis for ascertaining the market value or the acquired land . relying upon the observations in padma uppal and ors. v. state of punjab and ors. : 1scr329 . prithvi raj v. state of madhya pradesh, : 2scr633 and kausalya devi v. land acquisition officer, aurangabad, : ..... the situation where possession has been taken by the acquiring authority even before the issue of notification under s. 4 of the land acquisition act , and having regard to the express language of the provision in the event of losing the possession before the notification the claimants would be ..... of s. 23(1a) as sufficient relief is available to the claimants in that event. this overlook the reasons that led to the amending act viz. the pendency of the acquisition proceedings for long periods often causing hardships to the affected parties and rendering unrealistic the scale of compensation offered ..... renders unrealistic the scale of compensation offered to them.we are aware that in the urgency clauses of s. 17 of the land acquisition act . the appropriate government or the commissioner is empowered, though no such award has been made to take possession of any land needed for .....Tag this Judgment!