Court : Mumbai Aurangabad
..... contained in the code of civil procedure, 1908 (5 of 1908) or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit ..... or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction. (2) for the purpose of sub-section (1), a district court having jurisdiction? shall, notwithstanding anything ..... gain.? 10. in the case of glaxooperations uk ltd. middlesex (england) and others vs. samrat pharmaceuticals kanpur reported in air 1984 delhi 265 the apex court has observed that section 62 of the act of 1957 is not a bar for allowing jurisdiction but it describes additional ground as laid down in section 20 of cpc .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in writ petition no.9911 of 2015, permitted the investigating officer to investigate whether the members of the petitioner are resigning from it's membership under any force or duress or compulsion. (g) the investigating officer has carried out investigation in compliant (ulp) no. 61 of 2015 and has concluded that the ..... peace and harmony by recognising trade unions for facilitating collective bargaining. we have, therefore, to read section 13 in harmony with other provisions of the act as a whole. the cardinal principle of interpretation of statutes is that unreasonable or artificial or anomalous constructions have to be avoided and if two constructions ..... about the resignation of the workers from its membership. (m) the respondent has placed reliance upon the following judgments:- (i) d.p.maheshwari vs. delhi administration air 1984 sc 153, (ii) rajiv bhalchandra gundewar vs. compton greaves 2000 iii llj 774, (iii) uday janardhan kulkarni vs. geo chem laboratories 2009 120 flr 218 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... ), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison ..... act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950 ..... . 10. we are unable to accept the submission that the byelaws of a cooperative society framed in pursuance of the provisions of the act can be held to be law or to have the force of law. it has no doubt been held that, if a statute gives power to a government or other authority to make rules, .....
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..... tahsildar, sailu is directed to give full opportunity of hearing to the parties and then decide the application in the light of provision of hyderabad tenancy and agricultural lands act 1950 and the judgment on the subject cited by the parties before him and give clear cut findings on the issues raised. 32 till application is decided by the additional ..... proceedings. such exercise to be carried within two weeks.5) s.o. to 22nd november, 2010.6) interim relief of status quo concerning the possession to remain in force till 22nd november, 2010."thereafter, the matter was listed from time to time and was heard finally on 7.12.2010 and on 8.12.2010 hearing was completed and ..... unless the matter is heard and finally decided. the counsel further placed reliance in the case of bondar singh and others v. nihal singh and others, reported in air 2003 sc 1905 and submitted that if there are no pleadings, no evidence can be considered in that regard. counsel further placed reliance in case of bhaurao s/o .....
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..... application has been filed by the contemnor, the order dated 12.11.2009 passed by this court in writ petition no. 2177/2009 is very much in force and therefore, there is clear willful disobedience of undertaking given to this court by the respondent/alleged contemnor. 22. the second point which requires to be considered ..... black's law dictionary, (8th edition)- "wilful" means "[v]oluntary and intentional, but not necessarily malicious" and "wilfulness" means "1. the fact or quality of acting purposely or by design; deliberateness;intention; willfulness does not necessarily imply malice, but it involves more than just knowledge. 2. the voluntary, intentional violation or disregard of a ..... the division bench of the bombay high court in bajranglal gangadhar khemka v. kapurchand ltd. reported in air 1950 bombay 336 had an occasion to deal with similar facts. chagla, c.j., speaking for the court, observed as under: (air p.337, para 4) "4. we are not prepared to accept a position which seems to .....
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..... before the tribunal, no dispute was raised regarding the fact that the masjid was registered under bombay public trusts act, 1950. exhibit 42 shows that when the waqf act became applicable, the masjid was registered also under section 43 of the waqf act, 1995. in the revenue record, the land was recorded in the name of the hindustani banarasi jaatiche panch ..... and of no effect notwithstanding anything contained in the deed or instrument of the waqf or in any other law for the time being in force. when the waqf act, 1995 came into force and section 56 became applicable, it declared such leases beyond the period prescribed to be void and of no effect. consequently, any existing lease ..... . this section has also employed the phraseology, "notwithstanding anything contained in the deed or instrument of wakf and or any other law for the time being in force". it is provided that, even one cannot resort to provision laid down in the instrument of wakf itself, or no one can resort to the provision of .....
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..... that, respondent no. 3 issued letter on 6th january, 2010 asking the petitioner to comply with certain documents i.e. registration certificate under bombay public trusts act, 1950, shop act licence, map, proof of land, certificate of health department, certificate of electricity inspector and certificate of fire brigade. it is stated by the petitioner that, ..... by the petitioner to respondent no. 3 and therefore, in view of such deeming provision the petitioner has started sports activities subject to relevant rules in force. 21. at this juncture, it would be apposite to refer to the relevant procedure provided by the respondents themselves, providing time limit within which the ..... licence cannot be considered in view of the judgment of the apex court in case of mohindersingh gill and another vs. the chief election commissioner reported in air 1978 sc 851. it is further submitted that, the authorities are misinterpreted rule 110(b) of the said rules, thereby stating that, as the petitioner .....
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..... an application filed by gangubai for resumption of possession of the suit land, is exercised under the provisions of the hyderabad tenancy and agricultural lands act, 1950 and therefore, the findings recorded therein that, kishanrao is not a tenant of the suit land operates as resjudicataagainst the respondent no.1 kishanrao. ..... getting possession under the court decree. she denied the claim of tenancy of the plaintiff. in cross examination she stated that kishanrao was unlawfully and forcefully in possession and not as a tenant." 17. upon appreciation and re-appreciation of the evidence, the maharashtra revenue tribunal, aurangabad reached to the ..... mig) hindustan aeronautics ltd., balanagar hyderabad and another v/s ajit prasad tarway, manager (purchase and stores) hindustan aeronautics ltd., balanagar hyderabad, reported in air 1973 sc 76, the honourable supreme court held that revisional court can only see whether the court below had jurisdiction. if it had jurisdiction to entertain .....
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..... reliance on the exposition of law in the case of daya shankar yadav vs. union of india and ors. (2011 air scw 396)and submits that, while considering the provisions of central reserve police force act and the rules thereunder, the supreme court has taken a view that, the termination of the services of the petitioner ..... disclose about registration of the offence against him and pending criminal case. therefore, the respondent authority has rightly invoked the provisions of section 44 of the army act, 1950 and rightly convicted him for the said offence. the said conviction does not call for any interference. 12. the learned counsel for the petitioner submits that the ..... pass the following order: order i] the writ petition is partly allowed. ii] the conviction of the petitioner for the offence under section 44 of the army act, 1950 is maintained, however, sentence of rigorous imprisonment for one month awarded to him is set aside. iii] the punishment of dismissal from the service awarded to the .....
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..... giving rise to the present appeal, are as follows: a] the applicants had initiated a proceedings under section 19 of the maharashtra public trusts act, 1950 (hereinafter referred to as 'the act of 1950') for registration of public trust i.e. 'shri sheriche mahadev mandir', jalna. said inquiry was numbered as 23 of 1983. the applicants have ..... protected tenant and the same is accordingly excluded the said property while deciding the proceeding. learned counsel submits that, the provisions of the maharashtra public trusts act, 1950 cannot be made applicable to the protected tenants property to the extent of 2 acres out of land sy no.229. learned counsel in order to ..... and another reported in air 1967 sc page 256. 9. learned counsel for respondent no.1 submitted written notes of argument. he submits that, the assistant charity commissioner, jalna has decided the issue improperly thereby exceeding the jurisdiction vested in him. the provisions of section 79 of the act of 1950 are limited to the .....
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