Court : Mumbai
Decided on : May-03-2002
Reported in : 2003(3)BomCR550; 2004(2)MhLj874
..... there, the question of observance of principles of natural justice was raised against an order passed by the state government under the punjab municipal act, 1911. in that case, since an action of the municipal committee in granting certain benefits to the employees was not found to be in consonance with law, the execution was suspended. the ..... state of u.p. and ors., : 1scr193 . considering the provisions of section 34(1-b) of the uttar pradesh municipalities act, 1916, the apex court held that when a resolution had been fully executed, it could not be suspended by the collector because there ..... (39) g.l.r. 1048(fb). section 258 of the gujarat municipalities act, 1963 empowered the collector to suspend a resolution of a municipality if he was of the opinion that execution of any order or resolution of the municipality or the doing of anything which was about to be done or was ..... 308 and yet, the director had failed to perform his statutory obligation under sub-section (4) of section 308 of the act. nor it is the case of the municipal council that the procedure required by the section had not been followed and in spite of objections raised by it against the ..... affidavit, the administrator stated that the appointments of the petitioners are illegal and void ab initio. the provisions of the act, rules and regulations for appointment of employees in the municipal council were followed more in breach than in observance. according to the deponent, there was no advertisement for the posts .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-16-2002
Reported in : 2002(6)BomCR581; (2002)1BOMLR732; [2003(96)FLR1114]; 2002(4)MhLj554
..... adjudication of the status and nature of the employment of the claimants who moved an application under section 33-c(2) for computation of wages. following the judgment of the municipal corporation of delhi (supra), the supreme court dismissed the special leave petition filed by the workmen.7. shri patel has rightly relied upon the judgment of the division bench of ..... have further decided it as an incidental question whether the respondent society was an industry or was not an industry. the judgment of the supreme court in the case of municipal corporation of delhi (supra), the facts were totally different, the applicants in that case claimed equal wages for equal work on the basis that the claimants were also doing the ..... of the person invoking its jurisdiction. para 7 of the said judgment sets out the scope and parameters of section 33-c(2) of the i.d. act, which is reproduced hereinbelow :--'7. the punjab and the delhi high courts in the decisions relied upon by the petitioner have taken a view that the labour court cannot be go into the question ..... , according to shri singh, cannot fall within the jurisdictional parameters of the executing court under section 33-c(2) of the i.d. act. shri singh has relied upon the following judgments in support of his contentions.i) municipal corporation of delhi v. ganesh razak and anr. 1995 1 clr 171 ii) tarn and ors. and director, social welfare and ors. 1998 .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-14-2002
Reported in : 2003(2)BomCR264; 2003(1)MhLj161
..... 14 of the constitution. it is no answer to such a charge to say that the rateable value could be determined properly by the municipal authorities acting under the act and the rules thereunder when they do not resort to any of the well-known methods of valuation and cannot justify their arbitrary method.' ..... only a proposal and even if the municipality had acted arbitrarily it was open to the assessees to take objection thereto and have proper valuations made and the assessment book prepared properly. we cannot accept this ..... value of each building and land comprised in each of the textile factories in terms of r. 9(b) of the rules under the bombay provincial municipal corporations act, 1949 so far as the assessment book for the year 1966-67 is concerned. (14) mr. setalvad argued that at that stage there is ..... doctrine of prospective overruling. in our country, this doctrine was adopted for the first time in i. c. golak nath and ors. v. state of punjab and anr. : 2scr762 . the sum and substance of this innovative principle is that when the court finds or lays down the correct law in ..... to the respondents.22. the learned additional advocate general also referred to another judgment of the apex court in avinder singh and ors. v. state of punjab and ors., : 1scr845 wherein levy was with regard to all foreign liquor irrespective or the quality. foreign liquor was construed as a class by .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-16-2002
Reported in : 2003(1)ALLMR118; 2003(1)BomCR126; 2002(4)MhLj892
..... -9-2001. 2. the petitioner was issued a show cause notice in accordance with the provisions of section 55-a of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (hereinafter referred to as the act of the purpose of brevity). as per the show-cause notice in all six charges were levelled against the petitioner. these six charges ..... removal of the petitioner from the post of president and further debarring the petitioner in accordance with the provisions of section 55(b)(a)(b), from contesting elections of the municipal council. 12. shri deshpande, learned counsel appearing on behalf of the petitioner vehemently contended that while passing the order impugned, the authority concerned totally flouted the rules and principles ..... in his reply that in spite of demand, he was not supplied with the relevant documents and relevant documentary information, which he had asked for, from the chief officer, municipal council and hence the petitioner was constrained to submit his reply on the meager material whatsoever was available at his disposal. 11. after having received the explanation the petitioner ..... to a decision reported in air 2000 sc 1124 in the matter of baldeo singh gandhi v. state of punjab. relying on this judgment shri deshpande contended that merely because the petitioner sold his land which might have otherwise affected the municipal council financially would not amount to misconduct on the part of the petitioner. however, in our opinion as we .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-23-2002
Reported in : 2003(2)ALLMR670; 2003(3)BomCR450; 2003(1)MhLj401
..... the apex court while dealing with the question of licence fee at the increased rates under the hyderabad municipal corporation act, pointed out that the hotel licence is subject to the conditions setforth in the bye-laws of the municipal corporation relating to the regulation of eating houses or hotels mentioned in section 521. the said conditions are ..... quid pro quo in the strict sense is not always a sine qua non for a fee. in. amar nath om parkash and ors. v. state of punjab and ors., : 2scr72 also the apex court has expressed agreement that the observations contained in kewal krishan case (supra) about the extent of fees levied ..... w. p. no. 314/93 had placed heavy reliance on the judgment of the apex court in the case of kewal krishan puri and anr. v. state of punjab and anr. (supra). the apex court in the case of b. s. e brokers' forum, bombay and ors. v. securities and exchange board of india and ..... p. no. 314/93 placed heavy reliance on the judgment of the apex court reported in the case of kewal krishan puri and anr. v. state of punjab, : 3scr1217 in support of his submission that quid pro quo is a must in the case of fee. the learned advocate shri d. c. daga ..... of sreenivasa general traders and others v. state of andhra pradesh and ors., : 3scr843 that the judgment in kewal krishan puri v. state of punjab (supra) is only an obiter. the apex court in sreenivasa general traders v. state of andhra pradesh (supra), after considering the judgment in kewal krishan puri .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-14-2002
Reported in : 2002(6)BomCR466; 130STC310(Bom)
..... court referred to the following observations of lord atkin in gallahagher v. lynn 1937 ac 863 at page 870, while construing the scope of the punjab act : ' 'it is well-established that you are to look at the true nature and character of the legislation' russell v. the queen ..... ) of the constitution, in that event, no question of reconciliation arises. he placed reliance on ram krishna ramnath agarwal of kamptee v. secretary, municipal committee kamtee : 1978(2)elt284(sc) and also sought to borrow assistance from the case of abdul kadir : 2scr690 , to support ..... v. assessing authority, patiala : 2scr544 which was in turn followed in the case of video electronics pvt. ltd. v. state of punjab : air1990sc820 . 43. the learned counsel for the state further canvassed that there is no discrimination between imported goods or local goods. submission is ..... : (iii)..... section 3a. incidence of tax on tobacconist.--(1) on or after the commencement of the maharashtra tax laws (levy and amendment) act, 1995 (mah. act no. 16 of 1995), (hereinafter referred to as 'the commencement date') every tobacconist whose turnover of receipts made during :-- (i) the ..... while examining whether there is a violation of the freedom guaranteed by article 301, one has to scrutinise whether the impugned legislative or executive act operates to restrict or barricade trade, commerce and intercourse directly and immediately, as distinct from creating some indirect or inconsequential impediments which may be .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-01-2002
Reported in : 2003(2)MhLj334
..... v. election commission (1978) 1 scc 407.21. it is further contended that in view of thejudgment of the apex court in the case of shamsher singh v.state of punjab, : (1974)iillj465sc , theorder for dissolution has to be passed on the aid andadvice of the council of ministers. that is why accordingto the petitioners in the present case ..... judgment of the apex court in the case of s.p.g.committee v. m.p. dass chela, : 3scr119 ,wherein the judgment of the high court of punjab andharyana in mahant swaran dass v. shiromani gurudwaraparbandhak committee, amritsar, with other rulings taking the same view thatthe provisions of section 98(2) c.p.c. are not applicableto ..... of government policy settled by thecabinet or to interfere in theadministration directly - these areunconstitutional faux pas and run counter toparliamentary system. in all hisconstitutional function it is theministers who act; only in narrow areaspecifically marked out for discretionaryexercise by the constitution, he isuntrammelled by the state ministers actsand advice. of course, a limitedfree-wheeling is available regarding choiceof chief ..... (art.159) and theministers (schedule ii). it is further contended that inthe case of samsher singh v. state of punjab, : (1974)iillj465sc the supreme court listed thefollowing as one of the exceptional situations in whichthe president/governor may not act upon and in accordancewith the advice of the ministers :-' (c) the dissolution of thehouse where an appeal to the countryis .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-14-2002
Reported in : 2002(6)BomCR163
..... of large tract of land and 50% deduction was found to be reasonable in that case.20. in bhagwathula samanna and others v. special tahsildar and land acquisition officer, visakhapatnam municipality, : air1992sc2298 , the apex court held that since the lands are developed area, no deductions towards development charges be made.21. in vijay kumar moti lal v. state of maharashtra, : air1981sc1632 ..... as the two are not comparable properties as held by the apex court in the case of collector of lakhimpur v. b.c. dutta, : air1971sc2015 ; padma uppal v. state of punjab, : 1scr329 , and kaushalya devi bogra v. land acquisition officer, aurangabad, : 2scr900 . the principle that evidence of market value of sales of small, developed plots is not a safe ..... additional district judge, at panaji.facts in brief2. the facts in brief relevant for the decision are:the government vide notification issued under section 4 of the land acquisition act, 1894 ('the act' for short) and published in the government gazette dated 7-11-1991, sought to acquire an area of 21090 square metres of the property of the appellant situated at ..... and in area which was not developed; whereas sale instances were of small plots which were rightly not taken into account by the reference court while rejecting reference under the act.issue:5. considering the rival contentions, the point for determination is as under:---whether the appellant is entitled to claim enhanced compensation more than rs. 8/-, which was the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-02-2002
Reported in : 2002(3)ALLMR368; 2002(5)BomCR128; 2002(2)MhLj940
..... the hearing and final disposal of the petition, the respondent no. 3 may be prevented by an order and injunction of this hon'ble court from posing herself or acting as the municipal councillor and the respondent no. 1, their officers, servants, agents and employees may be prevented from sanctioning the amount from the councillors development funds;(c) that ad-interim reliefs ..... to be found by the learned judge for consideration of grant of interim reliefs to the aggrieved party. as has been rightly observed by the learned judge that the bombay municipal corporation act has provided a complete code for election petition and it lays down the manner of trial of the election petition and even the degree of proof required. it is ..... hearing and final disposal, of the petition, the respondent no. 3 be prevented by an order and injunction of this hon'ble court from posing of acting as the municipal corporator from ward no. 108 and/or acting as a member of the statutory committee and contesting for the post of mayor/dy. mayor, or drawing allowances, honorarium, development fund or any other ..... vest with powers and jurisdiction which the legislature has otherwise not conferred on the court. i am in respectful agreement with the decision of the learned single judge of the punjab and haryana court, in the case of nirmal singh v. the joint registrar, co-operative societies, patiyala and ors., reported in . the learned judge had followed the division bench of .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-20-2002
Reported in : 2002(81)ECC633; 2002(142)ELT292(Bom)
..... supreme court and it was observed that the orders of assessment rendered under tax laws should be tested under the relevant act and in no other way. in shyam kishore v. municipal corporation of delhi - : air1992sc2279 , it was observed that recourse to writ petition is not proper, when more satisfactory ..... that extraordinary and discretionary power under writ jurisdiction should be exercised with caution when statutory remedy is sought to be by-passed.in rashid ahmed v. municipal board, kairana - : 1scr566 , the apex court laid down that existence of an adequate legal remedy was a factor to be taken into ..... re-spondent/assessee. in the adjudication order, it was also held that considering location of the industrial units of the respondent-assessee in the municipal area of mira bhynder, the respondent/assessee was not entitled to-claim exemption on the basis of rural area status. one more adjudication ..... (sc) , wherein the supreme court while dealing with similar question observed as under :'this appeal by special leave is preferred against order of the punjab and haryana high court in cwp no. 5781/86, dated february 6, 1987. the appellant challenged before the high court an order of the tribunal ..... petitions under articles 226 and 227 of the constitution of india, on the ground that under section 35l of the central excises and salt act, 1944 (act for short) appeal has been provided to the supreme court against the orders in question. according to the learned counsel for the respondent .....Tag this Judgment!