Court : Mumbai
Reported in : 2001(4)ALLMR718; 2001(4)BomCR103; [2001(89)FLR1015]; (2001)IILLJ273Bom
..... kapadia, j); (xi) mohammed zahiruddin siddiqui v. executive council amu and anr. : (2000)illj1084sc ; (xii) tara chand chokdayat and ors. v. state of rajasthan and anr. ; (xiii) rajasthan agricultural university v. ramkrishna vyas : (1999)iillj978sc ; (xiv) bhalchandra krishnaji kale v. karnataka state road transport corporation : (1999)illj932kant ; (xv) nallamadan s. (d) v. administrative officer, town panchayat shri ..... to kidnap the constitution and has protected it very zealously which is clearly reflected in the following para of the judgment in the case of g.b. pant university of agriculture and technology, pantnagar, nainital v. state of uttar pradesh and ors. reported in : (2000)iillj1109sc :'10. the society shall have to thrive: the society ..... hira, works manager central railway, parel, bombay etc. v. c.m. pradhan : (1959)iillj397sc ; (iii) royal talkies v. employees' state insurance corporation : (1978)iillj390sc ; (iv) state of punjab v. labour court, jullunder and ors. : (1981)illj354sc ; (v) principal bhartiya mahavidyalaya, amravati and anr. v. ramkrishna vasudeo lahudkar : (1994)iillj556bom ; (vi) regional provident fund commissioner jaipur v. ..... intended to protect them from exploitation. shri naik, submits that the definition of the employee in the minimum wages act is part materia with that of the payment of gratuity act and hence the ratio of the haryana case would be directly attracted in our case. shri naik has also placed reliance on the following decisions of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2007Bom167; 2007(5)ALLMR711; 2007(5)BomCR847; 2007(5)CTC97; [2008(1)JCR431]; 2007(5)MhLj403
..... make the present reference. in our considered view neither the division bench in the case of vithal rodbaji shinde laid down any absolute principle of law universally applicable to all the cases wherever agricultural land or jirayat land had been acquired, nor the judgment of the supreme court in hookiyar singh's case was applicable on correct or objective application ..... matter objectively and may be in all probability the bagayat land may get higher compensation than the agricultural land. thus it cannot be stated as an universal rule that irrigated agricultural land must always get price higher or the double compensation than the non irrigated agricultural land.6. having answered the legal controversy with reference to the general principles, now we will ..... a long period clearly indicate that it is neither possible nor permissible to provide any hard and fast rules consisting of limitation or guidelines which would govern and apply universally in determining the fate of every bail application preferred by the convict during the pendency of the appeal.we are of the view that various judgments aforestated were not ..... pradeep etc v. state of haryana where the court in somewhat similar circumstances observed as under:the grounds indicated by the division bench in the case of subhash chand (supra) in fact are the grounds specifically incorporated by the legislature under sections 3 and 4 of the punjab good conduct prisoners (temporary release) act. this act is limited in its operation and .....Tag this Judgment!
Court : Mumbai Nagpur
..... the matter at an earliest occasion and render his decision. accordingly, in exercise of the powers conferred upon the chancellor under section 11(1) of the maharashtra agricultural universities act 1983 (hereinafter referred as the act), the chancellor vide letter dated 28.05.2007 appointed justice shri h.w.dhabe, retired high court judge to conduct detailed enquiry in the matter and submit ..... of the 1976 rules and, thus, their services could not have been terminated without holding regular inquiry in terms of punjab civil services (punishment and appeal) rules, 1970 (for short, 'the 1970 rules'); (4) in any event, rule 23 of the 1970 rules could not have been invoked for dispensing with the services of such of the appellants as it had not been ..... selection both of executive and judicial officers? 118. undoubtedly, in the selection process, there have been manipulations and irregularities at the behest of r.s. sidhu, the then chairman, punjab public service commission. on careful scrutiny of the facts and circumstances of the case, in my considered opinion, the high court ought to have made a serious endeavour to segregate ..... . as against 63 officers involved, fir was lodged only against one. result sheets and answer sheets were seized. the vigilance bureau wrote a letter to the chief secretary, punjab alleging that most of the examinations held during the tenure of sidhu were tainted. the vigilance department's report was received, but on that date itself the nominated candidates were .....Tag this Judgment!
Court : Mumbai Nagpur
..... the act ? ), the chancellor vide letter dated 28.05.2007 appointed justice shri h.w.dhabe, retired high court judge to conduct detailed enquiry in the matter and submit ..... enquiry under section 11 of the act. the high court observed in its order dated 21.04.2007 that the court hopes and expects the chancellor to take up the matter at an earliest occasion and render his decision. accordingly, in exercise of the powers conferred upon the chancellor under section 11(1) of the maharashtra agricultural universities act 1983 (hereinafter referred as ?? ..... , it would be advantageous to refer to these facts to appreciate the challenge raised. 4 it is common ground that the pdkv is an agricultural university and therefore, governed by the maharashtra agricultural universities (krishi vidyapeeths) act, 1983 (for short ??the said act ? ) and the statutes thereunder. the respondent no.2 is the honourable governor of maharashtra and the chancellor of pdkv. the respondent no ..... ) 1 scc 768 - tridip kumar dingal and others v/s state of west bengal and others. (3) (2006) 11 scc 356 - inderpreet singh kahlon and others v/s state of punjab and others. (4) (1993) 3 scc 591 - dr.m.s.mudhol and another v/s s.d.halegkar and others. (5) (1991) 3 scc 368 - munindra kumar and others .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... the medical council subject to any increase thereof as approved by the central government and that sections 10a, 10b and 10c will prevail over section 53(10) of the state universities act and section 4(1)(b) of the state capitation fee act. .......''31. what we have said about the authority of the medical council under the indian medical council ..... wanted to apply for the same. however, as he got admission in medical stream, he did not apply. now if he loses his seat, he will not get admission in agriculture also.51. there are students who may have to shift from free to pay seats or vice versa. for example, letter no. 611 by dipti ravindranath of borivali, mumbai who ..... . (a copy of that unreported judgment was produced.)(e) then a reliance is placed on another judgment of the apex court in state of punjab v. renuka singla. that matter arose out of the judgment of punjab and haryana high court directing the state government to increase one seat in dentistry to accommodate a candidate, who was otherwise not eligible. the apex court ..... . as far as ayurved and unani medicine are concerned, there is a central council of indian medicine constituted under section 3 of the indian medicine central council act, 1970. for studies in unani medicine, good knowledge of urdu language is necessary. the seats as of now are 200 and it is stated by the director of ayurved on an .....Tag this Judgment!
Court : Mumbai
..... institutes (afo) where candidates were selected ?? 20121acharya n. g. ranga agriculture university hyderabad2g b pant university of agri. and tech. pantnagar3jawahar lal krishi viswavidyalaya jabalpur4punjab agriculture university ludhiana5allahabad agriculture institute allahabad6acharya narendra deo krishi viswavidyalaya faizabad7birsa agr. university ranchi8rajmata vijayaraje university viswa vidyalaya gwalior9choudhary charan singj haryana agri. university hissar10mahatma phule k v. rahuri (m. s.) north east institutes 2012sn. ..... petitioners' counsel has justly relied on the dictum of the constitution bench of the apex court in the ganga ram vs. union of india (1970 (1) scc 377), wherein the court has observed the state is legitimately empowered to frame rules of classification of securing the requisite standard of ..... wide publicity and issuing public advertisement. 47. the petitioners had also placed reliance on the provisions of employment exchanges (compulsory notification of vacancies) act, 1959 to contend that the same mandates that the state and the instrumentalities of the state should communicate the vacancy position to the employment ..... approach would result in perpetuating illegalities and in the jettisoning of the scheme of public employment adopted by us while adopting the constitution. the approving of such acts also results in depriving many of their opportunity to compete for public employment. ? ..... 26. ? ................ this court, in our view, is bound .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1977Bom99
..... state of m. p. : air1975ap315 , where the full bench decision of the punjab and haryana high court (supra) has been in terms referred and dissented from. the definition of the term 'family unit' in section 3 (f) in andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 was upheld by relying upon the legislative competence for the purposes of imposing ..... allied purposes and upshot in value of land evidences it there have been established in the state specialised agricultural universities so as to disseminate knowledge of all agricultural and allied subjects and to train personnel who wilt assist better cultivation of the land and promote scientific outlook. facilities of providing insecticides, pesticides, better seeds, manures ..... by the central land reforms committee. the office of the land reforms commissioner under the ministry of agriculture was created in october 1970 and all this history is presently available in the paper published by the ministry of agriculture on 'ceiling on agricultural holdings'. (government of india 1972 publication by p. s. apu.)147. the case for 'low ceiling' as ..... atiabari tea company v. state of assam : 1scr809 automobile transport co. v. state of rajasthan : 1scr491 and the district collector, hyderabad v. ibrahim and co., : 3scr498 were rendered in the context of the restrictions imposed upon the movement of trade, commerce and intercourse. the substance of the freedom in this regard that fell for consideration .....Tag this Judgment!
Court : Mumbai
Reported in : 1991(4)BomCR695
..... of the applicability of the principles of natural justice to an administrative decision. it was a service matter relating to appointment of the university teachers under u.p. state universities act (1973). the principal question which arose for consideration in the said case was whether the power conferred upon the chancellor under section ..... important is two experts having special knowledge and practical experience in matters relating to town and country planning, architecture, engineering, transport, industry, commerce, agriculture, geology etc. it is thus an all representative body which includes expert members also.149. as regards the functions and powers of the board, ..... of being heard before he is removed from service, although the security of his tenure is affected by such abolition of post. see state of haryana v. des raj 1976 (1) s.l.r. 191 and judgment of the supreme court in the case of k. rajindran and others v ..... refer to the last of the decisions of the supreme court relied upon on behalf of the respondents i.e. ajit singh v. state of punjab, : (1983)illj410sc in which the rule of interpretation on the question as to where her a particular provision in mandatory or directory is ..... upon the state or the highest authority has been held to be a guarantee that it would be exercised, fairly and with responsibility. see the following cases: : (1970)iillj403sc , c.b. boarding and lodging v. state of mysore, para 8 : 118itr534(sc) , s.t. commr. m.p. v. radhakrishna, .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305
..... legislative and the administrative spheres in the democratic republic of india. this, however, cannot mean that all laws must be general in character and universal in application. as pointed out in chiranjitlal chowdhari v. union of india, (1950) slr 659, the state in the exercise of its governmental ..... account alone it cannot be struck down as invalid. the courts cannot, as pointed out by the united states supreme court in secy, of agriculture v. central reig refining co. be converted into tribunals for relief from such crudities and inequities. there may even be possibilities of abuse, ..... defined in the state bank of india (subsidiary banks) act, 1959; (iii) a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 or under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980; or (iv) any other bank, being a ..... right to be protected by the rent laws, in mohinder kumar v. state of haryana, : 1scr74 the supreme court observed : 'the argument that the tenants have acquired a vested right under the act prior to the amendment is without substance.....the right claimed is the right to be ..... ltd. and ors. v. state of u.p. and ors., sant lal bharti v. state of punjab, it was submitted that with passage of time and change of circumstances the continued operation of an act which was valid when enacted may become invalid as being arbitrary and unreasonable. though karnataka rent control .....Tag this Judgment!
Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... revenue tribunal under any enactment but also orders passed by any other authority or tribunal under the bombay tenancy and agricultural lands act, 1948, or the bombay tenancy and agricultural lands (vidarbha region and cutch area) act, 1958, or the hyderabad tenancy and agricultural lands act, 1950. (maharashtra government gazette, part iv c, dated july 16, 1964 pp. 914-915). it is because applications under article ..... article 226 are often filed by poor workmen who have been wrongfully dismissed from service. they are equally filed by students who have been wrongly denied admission into colleges and universities. they are filed by small farmers who barely manage to eke out a livelihood. they are also filed by persons belonging to backward and disadvantaged classes for protection of their ..... the midnight of august 14, 1947 the constituent assembly reassembled as the sovereign constituent assembly for the dominion of india. as a result of the partition, the representatives of bengal, punjab, sand, northwest frontier province, baluchistan, and the sylhet district of assam (which district had joined the dominion of pakistan by a referendum) ceased to be the members of the ..... and power of superintendence was not made by the madras high court. the jammu and kashmir high court in j. & k. co-op. bank v. shamsuddin bacha a.i.r.  j. & k. 190, has also held that an intra-court appeal does not lie under clause 12 of the letters patent of the jammu and kashmir high court against the .....Tag this Judgment!