Court : Mumbai Aurangabad
..... s/o rambhau doifode and others v/s the additional commissioner, amravati division, amravati and others (supra) relied upon by learned counsel for the respondent, it is held that initial burden to prove that either member himself or male adult member in the family, though was available, a notice was not served on them; is on the said member and unless that initial burden is discharged by the petitioner or the said member, the service of notice is to be ..... under rule 7 of bombay village panchayat (meetings) rules, the notice is to be served personally on sarpanch if he is not present then on an adult male member of the family and if it is not served on the adult male member then it can be served by affixing at the conspicuous place of the house in the presence of two witnesses and panchanama to that effect accordingly ..... in ground no.viii of the petition it is specifically mentioned that the panchanama does not show that notice was tried to be served on adult male member of the family as his father was available at the home for the whole day and nobody approached him nor requested to accept notice on behalf of the petitioner, nor the signature ..... if there is no such person to whom notice can be given or tendered or where the member, or as the case may be, in his absence such adult male member, is present but refuses to accept the notice, it shall be served by affixing it, in the presence of two witnesses, on the outer door or some other conspicuous part of the house in which the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... be practicable, be served by delivering or tendering it to the sarpanch or upa-sarpanch to whom it is addressed or, where such person cannot be found, by delivery or tendering it to any adult member of his family residing with him; and if no such adult member can be found or, where the sarpanch, upa-sarpanch or such adult member, as the case may be, refuses to accept the notice, it shall be served by affixing it, in the presence of two witnesses, on the outer door or some other conspicuous part ..... may be practicable, be served by delivering or tendering it to the sarpanch or upa-sarpanch to whom it is addressed or, where such person cannot be found, by delivery or tendering it to any adult member of his family residing with him; and if no such adult member can be found or, where the sarpanch, upa-sarpanch or such adult member, as the case may be, refuses to accept the notice, it shall be served by affixing it, in the presence of two witnesses, on the outer door or some other conspicuous part ..... be practicable, be served by delivering or tendering it to the sarpanch or upa-saranch to whom it is addressed, or, where such person cannot be found, by delivery or tendering it to any adult member of his family residing with him; and if no such adult member can be found or, where the sarpanch, upa-sarpanch or such adult member, as the case may be, refuses to accept the notice, it shall be served by affixing it in the presence of two witness, on the outer door or some other conspicuous part .....
Tag this Judgment!Court : Mumbai Aurangabad
..... be practicable, be served by delivering or tendering it to the sarpanch or upasarpanch to whom it is addressed or, where such person cannot be found, by delivery or tendering it to any adult member of his family residing with him; and if no such adult member can be found or, where the sarpanch, upasarpanch or sult adult member, as the case may be, refuses to accept the notice, it shall be served by affixing it, in the presence of two witnesses, on the outer door or some other conspicuous part ..... provisions of subrule (2b) of rule 2 the no confidence motion rules, 1975, permit service of notice on the adult member of the family and as such, compliance of said subrule is sufficient to draw an inference in respect ..... in subrule (2b) of rule 2 the bombay village panchayats sarpanch and upsarpanch (no confidence motion) rules, 1975, in respect of service of notice on the adult member of the family, it cannot be insisted upon by respondent no.4 that the notice shall be served only on the adult male member of the family, as mandated by rule 7 of the meeting rules of 1959. ..... is held that rule 7 of the bombay village panchayats (meetings) rules, 1959, is applicable, the condition requiring tendering of notice on the adult male member of the family shall have to be construed as directory since it is merely a procedural part. ..... strict compliance of rule 7 of the meeting rules, 1959, inasmuch as service of notice on male adult member of the family, also cannot be said to be a mandatory requirement. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... be practicable, be served by delivering or tendering it to the sarpanch or upasarpanch to whom it is addressed or, where such person cannot be found, by delivery or tendering it to any adult member of his family residing with him; and if no such adult member can be found or, where the sarpanch, upasarpanch or sult adult member, as the case may be, refuses to accept the notice, it shall be served by affixing it, in the presence of two witnesses, on the outer door or some other conspicuous part ..... provisions of subrule (2b) of rule 2 the no confidence motion rules, 1975, permit service of notice on the adult member of the family and as such, compliance of said subrule is sufficient to draw an inference in respect ..... in subrule (2b) of rule 2 the bombay village panchayats sarpanch and upsarpanch (no confidence motion) rules, 1975, in respect of service of notice on the adult member of the family, it cannot be insisted upon by respondent no.4 that the notice shall be served only on the adult male member of the family, as mandated by rule 7 of the meeting rules of 1959. ..... is held that rule 7 of the bombay village panchayats (meetings) rules, 1959, is applicable, the condition requiring tendering of notice on the adult male member of the family shall have to be construed as directory since it is merely a procedural part. ..... strict compliance of rule 7 of the meeting rules, 1959, inasmuch as service of notice on male adult member of the family, also cannot be said to be a mandatory requirement. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... otherwise provided, the state government shall, in such rural area in the state as may be notified by the central government, provide to every household whose adult members volunteer to do unskilled manual work not less than one hundred days of such work in a financial year in accordance with the scheme made under ..... the state government, may within the limits of its economic capacity and development, make provisions for securing work to every adult member of a household under a scheme for any period beyond the period guaranteed under subsection (1), as may be expedient. ..... makes obligatory on the concerned authority to ascertain, job card issued shall bear the photographs of only registered adult members of the households to whom the job card has been issued. ..... the gram panchayat to register the household, after making such enquiry as it deems fit and issue a job card containing essential details of registered adult members of the household which are enumerated under the said schedule. ..... and in such manner as may be specified in the scheme containing particulars of job cards and pass books issued, name, age and address of the head of the household and the adult members of the household registered with the gram panchayat. ..... provide employment for enhancement of livelihood and security of the households in rural areas of the country by providing at least 100 days of guarantee wage employment in every financial year to every household whose adult member volunteer to do unskilled manual work. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... as the hon'ble supreme court held in aforesaid judgment that if the prosecutrix as a adult and of full understanding, the court is entitled to base conviction on her evidence unless same is shown to be infirm and not trustworthy. ..... but if a prosecutrix is an adult and of full understanding the court is entitled to base a conviction on her evidence unless the same is shown to be infirm and not trustworthy. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... when the defendant is absent from the residential place, service can be made on adult member of his family provided that there are circumstances as mentioned in rule 15 of this order. 27. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... otherwise, the number of applications for anticipatory bail will be as large as, at any rate, the adult populace. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... sindhubai and family of the petitioner reside together in the same house, there are other adult male members in the family. ..... nature of the evidence on record cannot be taken to be a conclusive proof that the encroachment, if any, is attributable only to the conduct and actions of the petitioner, who is otherwise a housewife, notwithstanding the fact that there are other adult members in the family. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (d) he has stated that his wife is ill and being the only adult person in the family, he is required to attend to her medical treatment and therefore, he has been obtaining leave. ..... (v) the petitioner has honestly admitted that he had not taken permission because of the peculiar illness of his wife and who is required to be rushed to hospital and there is no adult person in the family. .....
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