Court : Mumbai
Decided on : Jun-10-2013
..... son sardarsingh roopsingh ture. the suit land was unauthorizedly given to mr. gaikwad and it is in his possession. as the suit land is included within the municipal limits of nashik municipal council, the tenancy act is not applicable. the prayer was, therefore, made for cancelling the entry of insolvent in the revenue record and for entering the name of the receiver. a ..... : (i) gajraj singh vs. official receiver, bulandshahr, air 1984 allahabad 224; (ii) hari narain vs. subhash chander, air 1985 punjab and haryana 211. 52. mr. joshi submitted that article 137 of the limitation act does not apply to the applications under the insolvency act. in support of this submission he relied upon the following decisions: (i) ambabai vs. h. r. dani, air 1948 ..... . p. kunhaliumma, (1976) 4 scc 634. the apex court in the case of kerala state electricity board (supra) departed from the view taken in town municipal council, athani (supra). in the case of hari narain (supra), the division bench of punjab and haryana high court also referred to the judgments of the apex court in kerala state electricity board (supra) and town ..... municipal council, athani (supra). the division bench quoted the finding of the apex court in the case of kerala state electricity board, which is to the following .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Mar-22-2013
..... in writ jurisdiction is found unwarranted. 25. hon. apex court has in 2013 i clr 817 ?? (assistant engineer, rajasthan development corporation vs. gitam singh) again reviewed the law. devindersingh v. municipal council, sanaur (supra) relied upon heavily by adv. thakur is also looked into. the question was where the workman had worked for only eight months as daily wager and his ..... that non compliance with section 25f renders the termination void abinitio entitling him to declaration for continuation in service with full back wages. 14. in the case of devindersingh vs. municipal council, sanaur (supra), the hon'ble two judges of the hon'ble apex court have observed that when the termination is unsustainable, the high court could not have interfered with ..... delivered later by the benches with less strength of hon'ble judges. he strongly relies upon the judgment of honble apex court reported at 2011 (6) scc 584 (devindersingh vs. municipal council, sanaur) to demonstrate how the law on the point of retrenchment has been applied therein. the termination of a workman in violation of section 25f is void in law ..... has been found to be in breach of section 25f of id act and he heavily relied upon three decisions of supreme court in l. robert d'souza v. executive engineer, southern railway (1982) 1 scc 645) ,harjindersingh v. punjab state warehousing corporation (2010) 3 scc 192) and devindersingh v. municipal council, sanaur (supra). employer had urged that the award of reinstatement with .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-29-2013
..... of the appellant. it is the case of the appellant that the order for sanction of the prosecution produced in this case is signed by the municipal commissioner of pudukottai. according to him, a perusal of the same would show that it suffers from non application of mind. according to the learned counsel ..... in character. ? 39 to the same effect are the observations of the honourable supreme court in the case of jasbirsingh chhabra and others v/s state of punjab and others reported in (2010) 4 scc 192(see paragraph 35). nothing contrary to the above legal position is brought to our notice by mr. desai ..... government it must be communicated to the person concerned. in this connection we may quote the following from the judgment of this court in the state of punjab v. sodhi sukhdev singh, air 1961 sc 493 at p.512: ??mr. gopal singh attempted to argue that before the final order was passed the ..... regard, is too well settled and to require any reiteration. in the decision of the honourable supreme court in the case of bachhittarsingh v/s state of punjab reported in air 1963 sc 395, a five judge bench of the honourable supreme court held as under:- ??9. the question, therefore, is whether he ..... has relied on a judgment of this court in the case of jaswant singh vs. state of punjab (air 1958 sc 124). undoubtedly, in the aforesaid judgment, this court observed as follows :- ??the sanction under the act is not intended to be nor is an automatic formality and it is essential that the provisions in .....Tag this Judgment!
Court : Mumbai
Decided on : May-09-2013
..... today. therefore, we hold that the reservation on the lands of the petitioners has lapsed. the submission of proposal by the municipal corporation under section 37(1) of the said act does not affect the legal consequences provided by the sub-section (1) of section 127. we allow the petition and pass ..... the petitioners which was submitted through corporation cannot be considered for want of necessary provision in the development control regulations of the mira bhayandar municipal corporation enabling the owners to develop a property reserved under the development plan. it was also stated that no such provision was proposed by ..... 262 for the drama theatre in mira bhayander. the petitioners gave offer that they would develop the properties and construct the theatre for the municipal corporation which is the planning authority. the said proposal was pending with the government for the approval till june-2008. no steps were taken ..... vide notification no.tps-1296/847/cr-162/96/ud-12 dated 14.5.1997 has sanctioned the development plan of the erstwhile mira bhayandar municipal council with effect from 15th may 1997. as per the sanctioned plan, some lands of the petitioners were reserved under reservation nos.263, ..... (see para 23 thereof). this settled principle has been adverted to even in the constitution bench decision of the apex court in the case of state of punjab and anr. vs. devans modern breweries ltd., and anr., (2004) 11 scc 26 (see para 339 thereof)." "8. in the circumstances, following .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-25-2013
..... services of the petitioner were terminated by invoking clause (b) of the second proviso to article 311(2) of the constitution of india and rule 16.2(2) of the punjab police rules. the reasons assigned for dispensing with the departmental inquiry contemplated by article 311(2) of the constitution were set out in para 3 of the impugned order which ..... disputes under this section, exercise the same powers and follow the same procedure as it exercise or follows for the purpose of deciding industrial disputes under the bombay industrial relations act, 1946 (bom. xi of 1947) regulation 23 of the bombay trade unions regulation, 1927 prescribes the manner of referring the dispute to industrial court under section 28(1a), which ..... provisions of the bombay industrial relations act, 1946 and the industrial court, therefore, could decide the said preliminary issue. he further contended that the jurisdiction of civil court was barred under sub-section (4) of section ..... 12 submitted that perusal of the provisions of section 28(1a) would reveal that the dispute had to be referred to the industrial court constituted under the bombay industrial relations act, 1946 for decision. it was contended that, therefore, it was open for the petitioners to raise a preliminary issue regarding maintainability of the dispute which was permissible under the .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Jun-10-2013
..... " (b) the concept and requirement of natural justice is not a judicial cure in all matters. the learned counsel relies on the following judgments: (i) (2010) 13 scc 216 "municipal committee hoshiyarpur vs. punjab state electricity board and others" (ii) 1989 (1) clr 374 "prakash kutik chaudhari vs. collector of dhule" (iii) 2004 (2) mh.l.j. 874 "sanjay govind vs. collector ..... the submissions canvassed by the learned counsel for respective parties, it would be appropriate to refer to the relevant provisions of section 76(7) and (8) of the maharashtra universities act. "76(7) if, on a petition by any person directly affected, or suo-motu, the chancellor, after making or having made such inquiries or obtaining or having obtained such ..... in its entirety, it would show that the chancellor has an administrative control. the power of the chancellor is that of a superintendence as per section 9 of the universities act. the learned senior counsel alternatively submits that even if it is assumed without admitting that principles of natural justice are to be observed then a written representation would be sufficient ..... event the order of termination is issued, the person aggrieved has a remedy of filing an appeal before the university and college tribunal u/s 59 of the maharashtra universities act. in such an appeal, the petitioner could not be a necessary party. 6. the learned senior counsel relied on following judgments to buttress his submission that proceedings were administrative. (i .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-15-2013
..... of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act [the maharashtra housing and area development act, 1976 or any other law for the time being in force, apply] ? 22 before this issue raised in the suit is addressed ..... , did not approve of this decision, as the division bench found that these observations were directly contrary to the decision of the apex court in the case of state of punjab vs. brig sukhjit singh, reported in 1993 (3) scc 459. the learned counsel for the defendant has also placed reliance on the decision of the apex court in the case ..... 13th august, 2013 : prabhudasdamodar kotecha and ors. vs. manhabala jeram damodar and anr.. the learned counsel also relied upon decision of the apex court in the case of state of punjab and others vs brigadier sukhjit singh ?? (1993) 3 supreme court cases 459, to contend that payment of license fee is not essential for subsistence of license. the learned counsel submitted ..... way of contract or as a result of a mutual promise. thus, licence as defined in section 52 of the indian easement act can be a unilateral grant and unsupported by any consideration. the supreme court in state of punjab vs. brig sukhjit singh 1993(3) scc 459 has observed that, "payment of licence fee is not an essential attribute for subsistence .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-25-2013
..... in paragraph 10 of the decision while rejecting this contention, the apex court observed thus: ??10. it was urged that municipal funds were, contrary to the provisions of the provincial municipal corporations act, 1949, intended to be utilised for setting up a memorial to mahatma gandhi. but we are not concerned in the ..... . nanasaheb dharmadhikari has been assailed. 3. the challenge is, primarily, on the basis of the exposition in jagpal singh and ors. v. state of punjab and ors., air 2011 s.c. 1123. the apex court, in the said decision, has held that the government cannot permit allotment of gramsabha land ..... to be utilised for setting up a memorial to mahatma gandhi, after the land is vested in the state after acquisition, the municipality will be acting within the limits of its authority. we may observe that a notification issued under section 6 is by sub-section (3) ..... the impugned order dated 28th march, 2011, is for any one of the purposes and/or activities referred to in section 51(1-a) of the act? the reply-affidavit filed by the state government, sworn by ajit kisanrao nairale, tahsildar (revenue), dated 6th february, 2013, asserts that the state government ..... the statement of law expounded in this decision. however, this decision is not an authority on the efficacy of the statutory provision in the maharashtra village panchayats act, 1958. section 51(1-a), which deals with lands vested in panchayats, predicates thus:- ??51. government may vest certain land in panchayats - (1- .....Tag this Judgment!
Court : Mumbai
Decided on : May-06-2013
..... 21 of the indian penal code. section 302 of the maharashtra municipalities act, 1965 is quoted hereinbelow in extenso: ??302. every councilor and every officer or servant of a council, every contractor or ..... 1985 sc 1655 : 1986 cri lj 14), the question for consideration was whether a municipal councillor can be prosecuted for having committed an offence under the indian penal code, since under section 302 of the municipalities act, a councillor shall be deemed to be a ??public servant within the meaning of section ..... i., reported in 1975 (1) scc 485 2. ajay hasia vs. khalid mujib, reported in 1981 (1) scc 722 3. s.s. dhanoa vs. municipal corporation, reported in 1981 (3) scc 431 4. shri. tekraj vasandi vs. u.o.i., reported in 1988 (1) llj 341 5. c.v ..... 6. jitendra srivastava vs. national horticultural research and development foundation, reported in 2011 (0) aijmh 152142 rulings of other high courts : 1. state of punjab vs. kesari chand, reported in 1987 (0) aij-ph 1608219 (fb) 2. rama krishna sahu vs. state of orissa, reported in 2007 (ii) ..... dispossession, want of possession or physical delivery of possession. (6) ? .................................................................................... ? 48. then comes section 105 of the maharashtra state co-operative societies act, 1960, which enumerates the powers of liquidator and to the extent relevant reads as under:- ??105. powers of liquidator [(1)] the liquidator appointed under .....Tag this Judgment!
Court : Mumbai Goa
Decided on : May-07-2013
..... in the petition for the purpose of explaining the extensive delay in approaching the court are patently false. 26. these petitions by the mapusa municipal council, have been filed through it's chief officer and as such been signed by the chief officer. the petitioner has sought to give ..... 1989, the dispute came to be referred to the industrial tribunal being reference no.67/1989. the petitioner through its chief officer and director of municipal administration, panaji-goa were the respondents to the reference as employers. the petitioner filed its written statement in the reference on 26th march, 1990. ..... in service as daily wage workers for more than four years and were being deprived of proper wages, along with other service benefits, the goa municipal workers union of which respondent no.1 and the others were members, raised a dispute regarding their regularization. by the order dated 15th september, ..... respondent no.1 along with eight others was a permanent workman of the petitioner with effect from 24th february, 1995. the petitioner is a mapusa municipal council. 3. the factual matrix of the two petitions is as under: respondent no.1 was engaged as a daily wage labourer with effect from ..... for answering the above question, the apex court considered in detail the provision of section 33(2) of the act and the decisions in straw board case, tata iron case and punjab beverages case. while approving the decisions in straw board case and tata iron case, the apex court noted that its .....Tag this Judgment!