.....to pimpri-chinchwad new town development authority as the agent of the state government in regard to grant of leases to appellant and others. in fact there is no document which shows the state government to be the owner of the lands leased by the development authority, nor any document to show that the state government had either constituted or recognized the development authority as its agent in regard to leased lands. 9. to know whether the development authority was an agent of the state government and to ascertain its status, it is necessary to refer to the relevant provisions of the maharashtra regional and town planning act, 1966 (for short `mrtp act'). section 113 of mrtp act provides for designation of new towns and constitution of development authorities for those new towns. sub-sections (1), (2), and (4) of that section are extracted below: 113. (1) if the state government is satisfied that it is expedient in the public interest that any area should be developed as a site for a new town as reserved or designated in any draft or final regional plan it may by notification in the official gazette, designate that area as the site for the proposed new town. the new.....
Tag this Judgment! Ask ChatGPT.....and education officer (secondary) of the concerned region as members. the high court further directed as follows : all complaints relating to unsatisfactory work or misconduct etc. will be forwarded to the committee who shall take decision within 30 days from the date of receipt of record after giving an opportunity to the concerned parties to file their replies so as to avoid prolonged procedure of oral hearing. all complaints in respect of appointment, termination etc. shall be dealt with only by the committee constituted above and by no other authority. as the scheme is being implemented on interim basis we direct that no civil court shall entertain any suit or application in respect of disputes which are required to be dealt with by the committee. (emphasis supplied) 4. in compliance with the said decision dated 16.8.2000, the state government by government resolution dated 13.10.2000 modified the scheme. clause (17) of the modified scheme implemented the direction of the high court regarding the re-constitution of the three member committee and provided that the committee would function at mumbai, aurangabad and nagpur, the area of jurisdiction of the committees.....
Tag this Judgment! Ask ChatGPT.....in the name of her nominee or nominees. 12. if the party of the second part finds the titles of the properties herein above mentioned to be unsatisfactory or unacceptable, the party of the first part shall be put on notice revealing her intention not to conclude the sale and in such event if the party of the first part, fails to satisfy the party of the second part regarding the title the party of the first part shall pay to the party of the second part within three months the date there of all the monies advanced by the party of the second part till then. 15. the party of the first part has a caretaker at present. from the day of this agreement the party of the second part shall act as a caretaker for the entire properties and be in trust of all the properties till the party of the first part given the possession of the entire properties to the party of the second part on payment of the sale amount i.e. after the entire sale amount is paid. (emphasis supplied) 3. on the same day (17.1.1981) the fourth respondent, in a letter addressed to the appellant, acknowledged the receipt of rs.1,25,000 paid on various dates as commission for the said transaction relating to sale of the.....
Tag this Judgment! Ask ChatGPT.....trustworthy evidence to hold the appellant guilty of the aforesaid offences. to come to the said conclusion, it is necessary to deal with the bare facts of the prosecution. 6. thumbnail sketch of instant case is as follows: prosecutrix, pw-9, was a resident of saraswati road, pehowa and was said to be aged about 17 years at the time of the commission of the said offence by the accused. she had passed her 10 class. her father had expired few years prior to the date of the incident. prosecutrix has two younger sisters by the names, sangeeta and ritu. ritu was said to be aged 8 years at the time of the incident. she alongwith her mother, narayani devi, and sister, sangeeta, was running a small book stall from their house. as she was having vacation in her school, she alongwith her mother and sisters, after closing the book shop, came to darra khera in thanesar to meet her maternal aunt (mausi), about 15 days before the incident. on the date of incident, they were staying with their mausi. 7. on 23.06.1994, at about 1.00 p.m., prosecutirx went with ritu, her sister to sector 13, kurukshetra to meet her aunt bimla, wife of des raj. while they were talking to each other at about 2.00.....
Tag this Judgment! Ask ChatGPT.....consequently directs the abatement of the suit. an abatement of this character obviously stands on a different footing. it does no take place ipso facto. the court does not record a merely formal order reciting a past event, as in the case of an abatement in consequence of an application not having been made within the prescribed period to implead the legal representative, but it exercises its mind in the determination of a matter in controversy. the decision of the court directing the abatement of the suit is, in our opinion, a decree, because the right to represent the deceased is a point in controversy between the claimant and the opposite party, and the adjudicator determines their rights with respect thereto, and puts an end to the case, there being no appeal from the adjudication as an appeal from an order. an application under rule 9 is, as observed above, incompetent and it is difficult to believe that the legislature intended that the decision of a matter, which concludes the suit, should be final and that the aggrieved party should have no remedy whatever. (*what is referred as `six months' is three months, under article 120 of limitation act, 1963). (emphasis.....
Tag this Judgment! Ask ChatGPT.....tribunal also directed for confiscation of another quantity of silver weighing 1713.807 kgs. as it was imported illegally from abroad. despite the fact that the silver weighing 194.250 kgs. was locally purchased the tribunal directed for confiscation of the said quantity of silver also by applying the provisions of section 120(2) of the customs act which provides that where smuggled goods are mixed with other goods in such a manner that the smuggled goods cannot be separated from such other goods, the whole of the goods shall be liable for confiscation. the tribunal also held that it was not possible to separate the quantity of silver weighing 194.250 kgs. from the rest of the smuggled silver and, therefore, by virtue of section 120(2) of the said quantity was also held liable for confiscation. 9. the aforesaid order of the tribunal also makes it crystal clear that out of the entire quantity of silver weighing 1913.256 kgs., silver weighing 1713.807 kgs. was confiscated under section 111(d) whereas silver weighing 194.250 kgs. was confiscated under section 120(2) of the customs act. 10. the high court in the impugned order took notice of the aforesaid difference of the orders.....
Tag this Judgment! Ask ChatGPT.....committee was not final and was only of recommendatory nature and that it was open for the state government to take its own decision considering the facts of each case. it was also submitted that there was no violation of the principles of natural justice and that the appellant was provided sufficient opportunity of hearing. 12. it was also stated that the appellant would be paid compensation as and when the land is acquired by the municipal corporation of khandwa, and therefore, at the present moment, the possession of the land is with the appellant. it was also submitted that the decision is bona fide and was taken in accordance with law. 13. before the high court also similar submissions were made by the appellant. in its order dated 16.4.2003 the high court rejected the said submissions holding that they are without any merit. the high court held that as per the scheme of sections 17 and 18 of the act, the recommendation of the committee is not final, binding and conclusive and therefore it was open for the state to take its own final decision in accordance with law. it was also held by the high court that a review of the order of the nature which was filed by the appellant.....
Tag this Judgment! Ask ChatGPT.....sweet boxes. 10. on a detailed consideration of the materials on record, the appellate court came to find and hold that the suit premises were in fact in the use and occupation of defendant no.2 and in the facts of the case it was not necessary for the landlady to prove the monetary consideration between the tenant and the sub-tenant. in support of the view taken by it, the appellate court relied upon a decision of this court in bharat sales limited v. life insurance corporation of india, air1998sc1240 and in paragraph 38 of the judgment observed as follows:- 38. in view of our earlier discussion and even in view of the finding of the learned trial judge, it can be safely said that defendant no.2 is found in use and occupation of the suit premises. in that case, according to our view, it is not necessary for the landlord to prove the monetary consideration by sub-tenant to the tenant. we are also of the opinion that in case of subletting or in case of illegal transfer, such consideration can be presumed. in this connection, our attention is drawn by mr. pandya, learned advocate who appears on behalf of the appellant, to a decision of bharat sales limited v......
Tag this Judgment! Ask ChatGPT.....departure of flight) for nearly 11 hours leading to cramps in his legs; (b) failure to provide breakfast, lunch, tea in the aircraft in spite of the fact that the respondent was detained in the aircraft for eleven hours (from 5.45 a.m. to 4.37 p.m.) before departure; (c) failure to provide access to medical facilities to the respondent who was a diabetic and hyper tension patient; (d) illegal detention from 7 p.m. to 8.30 p.m. at hyderabad airport upon a false complaint by the crew of the aircraft; (e) inability to celebrate his birthday on 15.12.2007, on account of the traumatic experience on the earlier day, apart from being prevented from attending court on 14.12.2007 and being prevented from attending office till 19.12.2007. 8. the respondent contended that the airlines failed to take necessary care of the passengers and failed to act reasonably by not resorting to the remedial steps in regard to following matters: (a) in view of the foggy conditions and inclement weather, instead of issuing boarding passes, the passengers should have been asked to wait in the airport lounge itself until the weather/visibility improved, so that they could have had breakfast and lunch in the.....
Tag this Judgment! Ask ChatGPT.....petitions, this court in south eastern coalfields ltd. vs. state of m.p. - 2003(8)scc648, upheld the validity of rule 64a. on the peculiar facts of that case which were noticed in para 30 of the said judgment, this court held that it will not interfere, in exercise of the jurisdiction under article 136 of the constitution of india, the discretion exercised by the high court in reducing the rate of interest from 24% per annum to 12% per annum making it clear that the same shall not however be treated as precedent in any other case. after the said decision, what remained to be considered in the writ petitions filed by the contesting respondent was the rate of interest. the contesting respondents as writ petitioners submitted before the learned single judge that the claim for interest at 24% per annum was harsh, excessive and inequitable, and interest should not be charged at a rate higher than 9% per annum. they relied upon the decision of this court in saurashtra cement and chemical industries ltd., vs. union of india - 2001(1)scc91, where this court had reduced the rate of interest on unpaid royalty imposed by the high court (18% per annum) to 9% per annum......
Tag this Judgment! Ask ChatGPT