Court : Mumbai
Reported in : 1998(1)BomCR437; 1998(1)MhLj333
..... to shri dhorde.30. shri dhorde further relied on a decision reported in : air1992sc1519 , in the matter of deepak theater, dhuri v. state of punjab and others. it is a matter decided under the provisions of the punjab cinemas (regulation) act, 1952 and the rules framed thereunder. while dealing with this matter, their lordships of the supreme court, dealt with the provisions of section 5 of ..... the act r/w rule 4 thereunder and the condition 4-a of the licence observing that the same were of regulatory measure and it was ..... the 'rules' for the purposes of brevity) specifically makes it clear that, a retail licensee shall abide by the conditions of his license and the provisions of the act and the rules, the regulations and the orders made thereunder. a specific form of undertaking is given by way of form c.l. xx. in the instant case, shri dhorde, pointed out that ..... . 2 would get himself deleted from the partnership and would be held responsible for the consequences thereof. no doubt, the usual undertaking as regards abiding by the rules and regulations of the prohibition act, orders and conditions of the license was also given by said pradeep - the respondent no. 2.6. after rejection by the collector by order dated 6th february, 1982 .....Tag this Judgment!
Court : Mumbai
Reported in : 1982(2)BomCR299
..... observed therein that the state government was not justified in assuming jurisdiction which had been conferred on the licensing authority by section 5(1) and (2) of the punjab cinemas (regulation) act. it is not as if the union government is interfering in its appellate judicial power in this case. this is interference in the jurisdiction vested in the licensing ..... established but production has not commenced, the state governments should not issue the milling licence until and unless the unit obtains a license under the industries (development and regulation) act.'8. the learned assistant government pleader, therefore, contends that notwithstanding the fact that the respondents have issued the permission to the petitioners to install the machinery and notwithstanding ..... the provisions of the industries (development and regulation) act, in the case of units which have already been established or in respect of which effective steps as defined in the registration and licensing of industrial undertakings rules, 1952 have been taken, they have to obtain cob licenses under the said regulation. paras (c) and (d) of the letter are relevant ..... of this well known proposition of law.17. the first of such case was decided by the supreme court in commissioner of police, bombay v. gowardhandas bhanji, : 1scr135 . the consideration of that case involved a question as to whether the commissioner of police for greater bombay invested with the power to grant the licence for construction .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2000)72ITD155(Mum.)
..... were identically worded, the ao inferred that "this speaks of nothing but of a 'design'". the ao also mentioned that the authorities under the foreign exchange regulation act took a deposition of dr. arunkumar gupta on 6th november, 1996, and of dr. sohanlal gupta on 7th november, 1996, and the two deponents have ..... the owner and seized and possessed of or otherwise and sufficiently entitled to a building property situated at and known as "monalisa", mall road, distt. bhatinda, punjab being the commercial premises, single storied building, total area adm. 2,528 sq. ft." having held on the basis of the above narration in the general ..... of as many as 15 properties by the family members within a period of about five to six years of their migration to bombay from punjab and the receipt of gifts to the tune of rs. 40 lakhs by the various family members as well as the seizure of cash of ..... with the donors, as alleged by the appellant, in a short span of three to four years after their coming to mumbai from bathinda, punjab. it is also mentioned that the gifts received from the nris have no relevance to any particular occasion like marriage or birthday and there was ..... sohanlal gupta (huf)" in which all the abovementioned persons are members. the entire family was residing at bathinda, punjab, upto mid-july 1991. because of the terrorist activity in the state of punjab, they moved to bombay in 1991, where the appellant has been running the aforesaid sex and health and beauty clinics .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(4)BomCR726; 2006(4)MhLj553
..... state of maharashtra : 2002(1)bomcr650 particularly while enforcing reservations in employment by virtue of maharashtra employees of private schools (conditions of service) regulation act and rules made thereunder and rights of minority are recognized as fundamental rights. reference to the discussion in this case will be useful. paras 25 ..... not to include right to appoint head of the institution. consequently section 3(2) of maharashtra employees of private schools (conditions of service) regulation act, 1977, defeats individual rights available under article 16 of constitution of india vested in the employees, particularly, when the school in question run ..... shall suffice to refer and discuss the judgment reported in 1999 (7) s.c. 209 ajit singh and ors. (ii) v. state of punjab and ors., as other aspects of 100% grant and amenability to writ jurisdiction and consequentially to fundamental rights is not in controversy.17. the ..... and from the observations and dictum contained in paras 22 and 27 in the case of ajit singh and ors. (ii) v. state of punjab and ors. : air1999sc3471 .(b) second proposition is that the protection of articles 14 and 16 is available to employees of corporations whose employees ..... fundamental right as recognized in case of k.c. joshi v. union of india : (1985)iillj416sc and ajit singh (ii) v. state of punjab : air1999sc3471 , particularly when, the school in question is run on 100% grant-in-aid.(d) right of minorities institutions to establish, manage and .....Tag this Judgment!
Court : Mumbai
Reported in : (1985)87BOMLR352; 1985MhLJ699
..... also the heads of the school within the said expression as defined by section 2(9) of the maharashtra employees of private schools (conditions of service) regulation act, 1977. further promotion to the post of head of the institution could be from the category of assistant head master or supervisor. if there is ..... : 1scr930 , state of kerala v. n.m. thomas : (1976)illj376sc , , air india v. nergesh meerza (supra), shamsher singh hukam singh v. the punjab state and walter alfred baid v. union of india a.i.r.  di. 302 ultimately came to the following conclusion:bearing in mind these principles and precedents let ..... for appointment of assistant head and supervisor. supervisor is not included in the definition of 'head of a school' in section 2(9) of the act. it is not obligatory that assistant head or supervisor should be appointed in all the schools, irrespective of number of classes. they are expected to assist ..... , 8, 10 and 12 of the rules. the expression 'head of the school' is not defined in the rules, the definition given in the act will have to be read in its context. in the rules distinct and separate provisions are made in this behalf. rule 3 deals with the qualifications and ..... of head of the school only. further the duties and responsibilities of these posts are also not same.6. though section 2(9) of the act which defines the expression 'head of a school' includes in its import the assistant head master or the assistant head mistress or superintendent, if the various .....Tag this Judgment!
Court : Mumbai
Reported in : (1999)101BOMLR294
..... the petitioner in this petition viz. whether the corporation was required to hold enquiry under the provisions! of the maharashtra employees of private schools regulation act, 1977 or whether the enquiry should be held under b.p.m.c. act read with the provisions of maharashtra civil service (discipline and appeal) rules. the said issue is kept open.11. accordingly, rule is ..... also requested the management to appoint defence representatives to defend his case as per the provisions of the maharashtra employees of private school regulation act, 1977 and rules, 1981 [hereinafter, for the sake of brevity, referred to as 'the said act, 1977']. however, the management refused to supply services of defence representative to the delinquent. this led to quarrel before the ..... from service, mr. rao contended that during the earlier departmental enquiry, the petitioner stood suspended. he relied upon the judgment of the supreme court in the case of state of punjab v. dr. harbhajan singh : (1996)iillj636sc , we do not find any merit in the contentions advanced on behalf of the respondent. firstly, in the present matter, as stated hereinabove ..... .6. mr. rao, learned advocate appearing on behalf of the corporation contended that in the present matter, the corporation was not required to hold an enquiry under the said act, 1977. he pointed out that in the present matter, the rules applicable to the employees of the corporation do not require defence representative to be supplied to the delinquent. .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(5)BomCR569; (2008)110BOMLR2892
..... suffers from the defect of procedural impropriety would have to be examined. the most important principle of law dealing with fairness in state action under the administrative law is regulated by the wednusbury's principle essential in english law principle which has now been consistently applied by indian courts with approval. in the case of union of india ..... question came up for consideration before the apex court in state of rajasthan and anr. v. dr. ashok kumar gupta and ors. : air1989sc177 and mohan bir singhchawl v. punjab university, chandigar : air1997sc788 . in the first case, for admission to post graduate course in medicines, weightage based on institutional preference and weightage on the basis of study in university ..... examiners are usually drawn from within the state or neighbouring states. even the composition of the academic bodies in the two universities may have common members. the university acts themselves are substantially similar. to surmise discrimination from possibilities is alien to the forensic process in the absence of hard facts. we are aware that there are universities and ..... bad faith extraneous circumstances have been taken into consideration, there has been disregard of public policy and relevant consideration have been ignored then authorities would be said to have acted unreasonable. lord greene, m.r., expressing the unanimous view observed as under:' he must exclude from his consideration matters which are irrelevant to the matter that he has .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... he has stated in his affidavit affirmed on 6th september, 2001 that what was necessary was that the condition prescribed under the indian medical council act and the regulations were to be satisfied. in his submission, the colleges referred to by the government did satisfy the conditions. in any case, a joint ..... be read as permitting the high court to depart from the law laid down in medical council of india v. state of karnataka and state of punjab v. renuka singla.110. in ashok chand singhvi's case (supra), the appellant before the apex court had been granted admission by the university ..... government to admit 30 more willing students in the concerned university. the same approach is reflected in the subsequent judgment of the apex court in punjab engineering college v. sanjay gulati, wherein following the lead given in the earlier judgment, the court directed creation of 16 necessary additional seats.90. ..... earlier in the cases of g. n. medical v. state of karnataka and akansha sharma v. state punjab. (supra) she pointed out that the same trend is reflected in the recent judgment in the case of malikarjuna v. state of karnataka,'. she submitted ..... ms. purl reiterated what is stated in the earlier affidavit of m.c.i. and particularly relied upon the judgments in the cases of state of punjab and ors. v. renuka singla and ors., medical council of india v. state of karnataka and ors., and the two other unreported judgments referred .....Tag this Judgment!
Court : Mumbai
..... the parliament had thereafter enacted the urban land (ceiling and regulation) act, 1976 (central act no. 33 of 1976); and whereas, consequnt upon the resolutions passed by the houses of the legislatures of the states of haryana and punjab, under article 252(2) of the constitution, that the urban land (ceiling and regulation) act, 1976, in its application to those states, be repealed by ..... of the division bench decisions of this court were the circulars issued by various competent authorities under the urban land (ceiling and regulation) act, 1976 ( ??the principal act ? ) after repeal by the urban land (ceiling and regulation) repeal act, 1999 ( ??the repeal act ? ) to sub-registrars of assurances and planning authorities not to register documents presented by landholders for registration or sanction plans ..... to survival of the order of exemption and conditions there-under post repeal, could the permission to construct a multiplex theatre-cum-shopping complex in place of the existing cinema theatre have been refused by the state government. the user was more or less similar with the original one. apart there-from the learned single judge of andhra pradesh ..... the honourable mr. justice patanjali shastri, chief justice of india (as his lordship then was) in the case of aswinikumar ghose v/s arabinda bose reported in air 1952 sc 369, ??it is not a sound principle of construction to brush aside words in a statute as being inapposite surplus-age, if they can have appropriate application in .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(4)ALLMR707; 2006(2)BomCR757; 2006(4)MhLj207
..... of which is reserved for 'playground' in the development plan is not covered by the expression, 'open spaces in residential and commercial layouts'. we, thus, hold that d.c. regulation 23 cannot be applied to the open space reserved for a 'playground' in the development plan which is not part of residential and commercial layouts. 24. the whole exercise of ..... complex' in the area reserved for 'playground' is wholly illegal and in derogation to the revised development. what shocks us is that has been done by the corporation. 22. under regulation 9(5), explanation (iv) as was existing at the relevant time, it is provided that in the case of development of lands for swimming pools, recreation grounds, playground etc., the ..... shall perish with that sword.18. this rule of administrative law was accepted as valid and applicable in india by this court in amarjit singh ahluwalia (dr) v. state of punjab, sukhdev singh v. bhagatram sardar singh raghuvanshi and ramanna dayaram shetty v. international airport authority of india.30. in paragraph 22, the supreme court held that principle of reasonableness and ..... (mrtp act) by issuing corrigendum under section 31(1) of the said act, is illegal; (two) that the corporation has permitted combined user of park-cum-swimming pool, sports complex at the subject site without obtaining prior sanction of the state government as required by regulation 11(3) of development control regulations for greater bombay, 1991 is illegal; (three) that the entrustment of .....Tag this Judgment!