Court : Mumbai
Reported in : AIR1963Bom246; (1962)64BOMLR616
..... 's jurisdiction under sub-section (2) of section 56 of the act to make the order which is the subject-matter of this petition, that sub-section may first be reproduced and it is as follows :'any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect ..... resemblance to a mark which the applicant was already using in relation to identical goods, such an applicant would prima facie have established a 'locus' as an 'aggrieved' person, although ho might fail eventually to satisfy the tribunal as to the alleged resemblance of the two marks. ..... that the respondents, despite their conduct in withdrawing their opposition to the petitioner's application for registration of his mark, were nonetheless 'persons aggrieved' within the meaning of section 56 of the trade and merchandise marks act, 1958 in as much as the question as to whether a person was a 'person aggrieved' within the meaning of that section was to be determined not by any such conduct on the part of the respondents but ..... observed in the earlier part of this judgment that in view of the finding arrived at by the deputy registrar of trade marks that the respondents by their conduct were not 'persons aggrieved' and, therefore, could not obtain any relief on either of the grounds mentioned in the application, it was unnecessary for him to go into the question as to whether .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR752
..... act, the state government would not be an aggrieved person within the meaning of sub-section (1) of section 68-o of the act.22. ..... taking an over-all view of-the matter, it is difficult for us to agree with the contention of shri page that the state of maharashtra is an 'aggrieved person' within the meaning of section 68-o of the act. ..... a preliminary objection was raised by the competent authority itself which had passed the order that shri ghorpade was not an 'aggrieved person' so as to be able to file an appeal under section 68-o. ..... act, as neither of these are aggrieved persons under that section. ..... nothing prevented the state government from filing anappeal by 15th december 1997 or, at any rate by 30th december 1997 if the state was an 'aggrieved person'. ..... we, therefore hold having regard tothe scheme of the act, that the assistant custodian headquarters, patna, is not a person aggrieved within the meaning ofsection 24 of the act, the appeal to the custodian, therefore,was not competent'.15. ..... respondents' contention is that since the state of maharashtra could not have filed an appeal, inasmuch as it was not a 'person aggrieved' within the meaning of subsection (1) of section 68-o, it has no locus to file the present writ petition. ..... one of the questions raised was whetherthe said tek chand dolwani was a person aggrieved by the order of additional custodian within the meaning of section 24 ofthe central ordinance xxvii of 1949 and was entitled to appealagainst the said order. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010CriLJ751
..... relatives from entering any portion of the shared household in which the aggrieved person resides;(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same ;(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the ..... of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order - (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his ..... or immovable, valuables, shares, securities, bonds and the lands or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant65; AIR1959Mys65; 1959CriLJ347; (1958)36MysLJ744
..... may be a complaint with the sanction of the government made by the public prosecutor to a court of session under section 198-b (1) and there may be another complaint made by the aggrieved person himself to a jurisdictional magistrate under the provisions of section 198 and both may be pending at the same time.i do not think, however, that this will lead to any difficulty or absurdity, ..... these offences also give rise to the civil remedy of recovering compensation and therefore the state feels that it need not interest itself in these offences if the aggrieved person feels satisfied with recovering compensation without getting the offender punished.over and above these categories of offences there are two other categories in which the state is specially ..... must necessarily be an act of the public prosecutor himself and that it cannot be said that in such a complaint he need act merely as an advocate or counsel for the aggrieved person, and after holding that in the particular case the public prosecutor has clearly shown himself as merely the drafter of the complaint and not the complainant himself, his lordship field ..... or class of cases covered by section 198 has been removed from the purview of section 198 and placed within the exclusive operation of section 198-b and thereby the right of the aggrieved person of making a complaint under the provisions of section 198 has been taken away.sub-section (13) of section 198-b only preserves to him his original right under section 198 and does .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant1
..... the position, in this case, not only the board which is a statutory authority can very well be considered to be an 'aggrieved person' as it has sufficient interest in the proceeding and as such has locus standi to challenge the impugned orders. ..... that arose for consideration was whether those 4 land owners could be considered as aggrieved persons' within the meaning of section 31 of the town and country planning act, 1959 ..... in order to have the locus standi to invoke certiorari jurisdiction, the petitioner should be an 'aggrieved person' and in a case of defect of jurisdiction, such a petitioner ' will be entitled to a writ of certiorari as a matter of course, but if he does not fulfil that character, and is a 'stranger, the court will, in its discretion, deny him this ..... board was not a party to the proceeding, therefore, it could not be considered to be an 'aggrieved person; that there being no express orders, the appeals were not maintainable. ..... reasoning of the tribunal that no third party can be considered to be an 'aggrieved person' either as against the express order of permission or deemed permission is ex facie ..... the town and country planning act, 1947 covered local planning authority; and (2) whether assuming that they were capable of including the local planning authority, the words 'any person aggrieved' covered the case of local planning authority whose enforcement notice had been quashed on the ground that for the alleged development no permission was required. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1617
..... according to most english decisions, in order to have the locus standi to invoke certiorari jurisdietion, the petitioner should be an 'aggrieved person' and in a case of defect of jurisdiction, such a petitioner will be entitled to a writ of certiorari as a matter of course, but if he does not fulfil that character, and is a 'stranger', the court will, in its discretion, deny him this extraordinary ..... being the position, in this case, not only the board which is a statutory authority can very well be considered to be an 'aggrieved person' as it has sufficient interest in the proceeding and as such has locus standi to challenge the impugned orders. ..... seervai, advocate general of maharashtra, the question as to whether the advocate general could be considered as an 'aggrieved person' for the purpose of sub section (1) of section 37 of the advocates' act, 1961 to maintain an appeal against the order of the disciplinary authority was ..... question that arose for consideration was whether those 4 land owners could be considered as 'aggrieved persons' within the meaning of section 31 of the town and country planning act, 1959. ..... that the board was not a party to the proceeding therefore it could not be considered to be an 'aggrieved person' that there being no express orders, the appeals were not maintainable. ..... reasoning of the tribunal that no third party can be considered to be an 'aggrieved person' either as against the express order of permission or deemed permission is ex-facie erroneous .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR632; 2006(1)KarLJ518
..... are not even qualified for appointment to the post have no 'locus standi' to question the appointment of the appellant to the post of engineer-in-chief and therefore, petitioners in the writ petitions cannot be 'aggrieved persons' and therefore, they cannot question the order passed by the state government in exercise of its powers under rule 20(b) of the rules, in permitting the corporation to appoint the appellant to the post of engineer-in-chief ..... our above discussions, we are of the view that the learned single judge was not justified in entertaining the writ petitions filed by the petitioners, who cannot be fit into the meaning of the expression 'aggrieved persons' and therefore, appeals filed by the appellant requires to be allowed and the order passed by the learned single judge requires to be set aside and the writ petitions require to be rejected. ..... impugned action impinges upon statutory right, writ petition can be filed against it.held:there is no dispute regarding the legal proposition that the rights under article 226 can be enforced only by an aggrieved person except in the case where the writ prayed for is for habeas corpus or quo warranto. ..... of their case for promotion to the post of chief engineers in the services of the corporation in view of the eligibility criteria prescribed in the rules framed by the corporation and therefore, they cannot be aggrieved person, so as to permit them to question the appointment of the appellant to the post of engineer-in-chief. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR4295
..... the other hand, the scheme of the act makes it clear that it is left to the choice of the aggrieved person to go before the service provider or the protection officer or to approach to the magistrate under section 12 of the ..... does not arise, as this is not a case where the aggrieved party approached either the protection officer or the service provider.15. ..... of the provisions contained in section 12 makes it clear that it is only before passing an order on an application that is filed by aggrieved person, that the magistrate is required to take into account any domestic incidental report. ..... in view of the above reasons, in the instant case as the aggrieved party that is 2nd respondent herein approached the district legal services authority and on failure of conciliation before said authority, the conciliators referred the matter back to the court and upon notice being issued to the parties, the aggrieved person then filed an application under section 12 of the act, the question of the magistrate taking note of the domestic incident report ..... therefore, the section does not say that in every case an aggrieved person is bound to go before either the protection officer or the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2006KAR4563ILR2006(4)Kar4563; 2007(2)KLJ332; 2007(1)KCCR99; 2007(1)AIRKarR309; AIR2007NOC268(DB).
..... his land because of operation of section 18 read with section 31 of the act resulting in affectation of his pecuniary interest in his acquired land is directly and adversely in that award of the collector made under section 11, he becomes as such aggrieved person and entitled to avail of the right and remedy conferred upon him under section 28-a(1) to make good his denied right to receive compensation in excess of the amount awarded by the collector/i.a.o....22. ..... (4) klj 61 (sc), the apex court after exhaustive analysis of the term 'aggrieved person' has stated, that it would mean a person who has suffered a legal injury or one who has been unjustly deprived or denied something which he would be interested to obtain in the usual course or similar benefits or advantage or results in wrongful affectation of his title to compensation.under section 11(2) of the act, the statute envisages, that the persons interested in the land, at any stage of the proceedings of the ..... state of karnataka 87 stc 138, while explaining whether a person, who had opted for composition, can he be called an aggrieved person, has observed that, 'a person, who had opted for composition in lieu of prosecutions and penalties, etc ..... if this is so, there can never be a situation where the person who has committed or is reasonably suspected of having committed an offence under the act can be an aggrieved person'.that was a case decided by the full bench of this court under the provisions of the karnataka sales tax .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009CriLJ4191
..... for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this act grant temporary custody of any child or children of the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent:provided that if the magistrate is of the opinion that any visit of the respondent may be harmful ..... from entering any portion of the shared household in which the aggrieved person resides;(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same;(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the magistrate ..... under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order:(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives .....
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