Court : Mumbai Aurangabad
..... to the lease of fixed period cannot be used, like the provision of section 111(a). 32. for the appellant, learned counsel has placed reliance on a reported case air 1950 sc 1 (maneklal v. h.j. ginwalla and sons). in this case, the apex court has discussed the provision of section 53-a of the t.p ..... then, notwithstanding that where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which ..... of transfer where transfer has not been completed in the manner prescribed therefor by law for the time being in force. in the present case transaction mentioned in the instrument is invalid in view of section 107 of the t.p. act and so there was no question of transfer of any interest under the document to the defendant. in strict .....
Tag this Judgment!Court : Mumbai Aurangabad
..... need not be taken into consideration. 14 it would be appropriate to refer to provisions of section 1(3) , which provides that: 1(3) this act, except chapter vi, shall come into force at once; chapter vi shall take effect in such area, from such date as the state government may, from time to time, by notification in the ..... acquisition, still in the fact situation, acquisition proceedings are not invalidated. the de facto doctrine is doctrine of general applicability and may be invoked to validate acts of de facto public officers. (air 1976 ap 193). so far as allegations in respect of mala fide are concerned, it is contended that no such allegations are made in the written ..... in (1997) 4 scc 199. 21 petitioners have placed reliance on the judgment in the matter of baburam and another vs. state of haryana and another, 2010(1) air (scw) 257, wherein it has been held that, a right under section 5a is not merely statutory but also has the flavor of fundamental rights under articles 14 and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... discharge of the petitioner because of disability incurred by him cannot be faulted with as the same is in accordance with the provision of section 22 of the army act, 1950 read with rule 13(3) of the army rules, 1954. as the discharge of the petitioner was on recommendation of the invalidating medical board, ruling in the ..... disease will be regarded as attributable to service when it is established that the disease arose during service and the conditions and circumstances of duty in the armed forces determined and contributed to the onset of the disease. cases, in which it is established that service conditions did not determine or contribute to the onset of ..... is entitled for the reliefs claimed. 4. learned counsel for the petitioner further argued that in the matter of dharamvir singh v/s union of india (2013 air scw 4236), hon'ble supreme court had an occasion to examine pension regulation for the army, 1961 as well as entitlement rules for casualty pensionary awards, 1982 found .....
Tag this Judgment!Court : Mumbai Aurangabad
..... duty in appeal no.235/2011 be quashed and set aside. 3. the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya, mumbai and respondent ..... elections of municipal council and not beyond that. 11. it is further submitted by the respondents that the petitioner is engaged in commission of the offences involving force and violence under chapter xii, xvi, and xvii of indian penal code and petitioners behavior is dangerous and causing harm to the persons and property of the ..... the commission of an offence similar to that for which he was convicted, may direct such person [notwithstanding anything contained in this act or any other law for the time being in force, to remove himself outside such area or areas in the state of maharashtra (whether within the local limits of the jurisdiction of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... order of misc. civil application no. 26/2011 which was pending in the court of district judge-2, latur. the proceeding filed under section 72 of bombay public trust act, 1950 (in short 'the act' ) to challenge the decision of joint charity commissioner (in short 'jt.c.c.') and assistant charity commissioner (in short 'a.c.c.') given in inquiry no. ..... that even without changing the constitution to enable the institution to increase the number of members, the president and his group could have remained in power. there is no force in the contention that only the g.c. had power to make such amendment as the right of g.b. will be affected by this change in view of ..... record and has given findings which are not consistent with the record. 25. the learned senior counsel shri. antoorkar for the appellants has placed reliance on the case reported as air 1970 sc 1832 (1) [dr. chetkar jha v. dr. vishwanath prasad verma and ors.]. on the basis of observations made by the apex court, the learned senior .....
Tag this Judgment!Court : Mumbai Aurangabad
..... duty in appeal no.235/2011 be quashed and set aside. 3. the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya, mumbai and respondent no ..... elections of municipal council and not beyond that. 11. it is further submitted by the respondents that the petitioner is engaged in commission of the offences involving force and violence under chapter xii, xvi, and xvii of indian penal code and petitioners behavior is dangerous and causing harm to the persons and property of ..... in the commission of an offence similar to that for which he was convicted, may direct such person [notwithstanding anything contained in this act or any other law for the time being in force, to remove himself outside such area or areas in the state of maharashtra (whether within the local limits of the jurisdiction of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and 22 in the suit deciding preliminary issue regarding non maintainability of the suit in view of section 50 of the maharashtra public trusts act (earlier known as "bombay public trusts act, 1950") ("trust act" in brief). the trial court has held that even in the absence of the sanction of the charity commissioner under section 50 ..... of the trust act, the suit is maintainable. when the revision came up for hearing on 20th january 2014, learned counsel for petitioners-defendants, on ..... and consequent orders dated 17th july, 2012 cancelling membership of plaintiff nos. 1 to 13 should be declared as illegal. 12. relevant portions of section 50 of the trust act, read as under:- 50. suit by or against or relating to public trusts or trustees or others in any case,- (i)............. (ii)........... (iii) ........ (iv) .....
Tag this Judgment!Court : Mumbai Aurangabad
..... acquired for a purpose other than the one which is designated in the plan or the scheme. in that case provisions of the l.a. act apply with full force. 93. after the declaration is made under section 126 (2) of the mrtp act, the proceedings to determine the compensation follow the procedure as laid ..... planning and for the future is emphasized in the judgment of the honble supreme court in the case of padmavs. hiralal motilal desarda and others, reported in air 2002 sc 3252. the honble supreme court held as under:- 29. laws dealing with development planning are indispensable to sanitation and healthy urbanization. development planning ..... to life guaranteed by the constitution is the life of a human being. for making it complete and meaningful, a human being requires not only fresh and pure air, light, ventilation, medical and other assistance, but education, recreation facilities, sanitation, drainage, public works and includes other utilities, services and conveniences. the importance of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... information of the notification under section 9 of the land acquisition act. therefore, the award is bad in law. we find no force in the contention. in the absence of notice or failure to serve notice, the award does not become invalid. due to the fact ..... the illegal occupant. considered from this perspective, we hold that the high court was not justified in interfering with the award." nasik municipal corporation v. harbanslal laikwant rajpal, air 1997 sc 1701. paragraph 5 of the judgment reads thus :"5. it is then contended by mr. u.r. lalit that the respondents had not been given the ..... a mandatory requirement. it was observed that if powers are exercised for extraneous and irrelevant purpose the notification would be illegal.s. bavajan sahib v. state of kerala, air 1988 kerala 280.this case was cited in respect of computation of period of limitation of two years from the date of declaration for making the award.metro theatre .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to exist:(iv) within one year from the date on which the tenant ceases to be a serving member of the armed forces :[provided that where a person of such category is member of a joint family the provisions of this sub-section shall ..... a minor, or a widow, or a person subject to any mental or physical disability or a serving member of the armed forces, then subject to the provisions of clause(a), the right to purchase land under section 32 may be exercised,-------(i) by the ..... ".so also this court in case of "laxmanrao madhavrao v/s. state of maharashtra and others, reported in air 1979 bombay 276" considering the provisions of ceiling act in para nos. 8 to 11 held thus :-" thirdly, the benefit of section 6 is intended not for ..... intent to exclude every one else coming within the sweep of wide concept of the 'family'. section 2(20) of the original act, defining the words 'member of the family' including every conceivable dependant, is now deleted. this amendment also reveals the same legislative .....
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