Court : Mumbai Nagpur
..... in which, and if they have been executed on or after the date on which, act xvi of 1964, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely,--(b) other non-testamentary instruments which purport or operate to create, declare, assign, ..... the next judgment relied upon by the learned counsels for the petitioners and the applicants is reported in raychand jivaji v. basappa virappa bellary, reported in air 1941 bombay 71. it is urged that a decree creating charge over an immovable property of the value exceeding one hundred rupees, is required to be ..... passage in para 25 of the judgment of the apex court in hungerford investment trust ltd. (in voluntary liquidation) v. haridas mundhra and others, reported in air 1972 sc1826 :" we have already indicated that the contract between the parties was not extinguished by the passing of the decree, that it subsisted notwithstanding the decree .....
Tag this Judgment!Court : Mumbai Nagpur
..... recourse taken by a secured creditor under sub-section (4) of section 13, is in accordance with the provisions of this act and the rules made thereunder, then, notwithstanding anything contained in any other law for the time being in force, the secured creditor shall be entitled to take recourse to one or more of the measures specified under sub-section (4 ..... debts recovery tribunal. in such situation, the provision of section 35 of the said act shall pay a vital role in determination. it states that the provisions of the said act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. such a question .....
Tag this Judgment!Court : Mumbai Nagpur
..... to each employee the amount of the salary in full (without any deductions other than deductions which are authorized by or under any law for the time being in force) as specified in the pay-bill in such manner as may be prescribed in this behalf ;(b) requiring the institution to appoint the teaching staff possessing such ..... decision is the anti-thesis of a decision taken in accordance with the rule of law as held by the apex court in jai singhani v. union of india, air 1967 sc 1427.12. at this juncture, it will be useful to refer to the observations of the apex court made ind.k.yadav v. j.m.a.industries ..... complying with principles of natural justice power to transfer school to other management has been given.21. maharashtra educational institutions (management) act, 1976, which was brought into force for taking over of management and appointing 'administrator' on the school also provides for modalities, transparency and compliance with principles of natural justice.22. we are, however, .....
Tag this Judgment!Court : Mumbai Nagpur
..... food to the patients and their relatives staying in dharmashala. at any rate, in accordance with the development control regulations, 2000 for nagpur city which are in force from 9.10.2010 and in particular regulation 'm' (7) (2) of the regulations, the use made by the appellants for providing private hospital on ..... improvement trust and another, (civil revision application no.937/1993, decided on 25.09.1995). (ii) state of tamil nadu & anr. v. p. krishnamurthy & ors. (air 2006 supreme court 1622). (iii) abdul jabbar s/o haji mohammed ibrahim v. the chairman, nagpur improvement trust, nagpur and another (civil revision application no.345/1993, decided on ..... on the suit plot the revised plans have been submitted to the competent planning authority i.e. n.m.c. under the maharashtra regional & town planning act, 1966. there is enabling provision in favour of the appellants to apply for regularization of constructions made in excess or without prior sanction. the appellants are certainly .....
Tag this Judgment!Court : Mumbai Nagpur
..... utter failure in duty. the leakages cannot be in any manner be regarded as matters beyond cognizance by prudent human abilities. thus leakages are not accountable to act beyond human control or due to vismajore. 35. the discussion herein before thus propels a conclusion that the municipal council had failed in performance of its duty ..... the petition, relied upon following judgment. air 1965 supreme court 1616, kurban hussein mohamedalli bangawalla v. state of maharashtra. 18. considering the rival contentions, this court has to rule on the following points: [1] is ..... electricity board v. shail kumari and others. (5) (2004) 3 scc 553 abl international ltd. & another v. export credit guarantee corporation of india ltd and others. (6) air 2002 sc 1598 director of settlements, a. p. & others v. m. r. apparao and another. 17. learned advocate mr. de for the respondent no.2 has for opposing .....
Tag this Judgment!Court : Mumbai Nagpur
..... a custom is a particular rule which exists either actually or presumptively from time immemorial and has obtained the force of law in a particular locality. in the case of lakshmidhar misra...versus...rangalal, reported in air 1950 pc 56, the privy council observed in page no.59 of the report thus: a customary right can ..... immovable property can not acquire. 9. taking up the first question framed above for consideration it relates to the customary easement. section 18 of the indian easements act reads thus. 18. customary easements. - an easement may be acquired in virtue of a local custom. such easements are called customary easements. 10. in halsbury ..... claim for easements thereunder ? ...yes. (iv) whether the appellants/plaintiffs had proved easementary right of way by prescription within the meaning of section 15 of the indian easements act ? ...yes. (v) what order ? ans.: second appeal is allowed. consideration : 8. easements are certain rights in the property of another (jura in re aliena .....
Tag this Judgment!Court : Mumbai Nagpur
..... 124 of the act to urge that the said provisions only permit levy of tax on buildings. the modality therefor is prescribed in 1960 rules. attention is invited to rule 3 and rule 4 of the 1960 rules to state how tax is to be levied and how after final publication, the tax comes into force. according to ..... in so far as assessment of property tax is concerned. he invites attention to patel gordhandas hargovinddas and ors v. the municipal commissioner, ahmedabad and anr reported in air 1963 sc 1742 where the constitution bench of honourable apex court has explained the meaning of word "rate". he contends that there the provision which permitted assessment of ..... be objected to in the light of law laid down by honourable apex court in gordhandas hargovinddas and ors v. the municipal commissioner, ahmedabad and anr reported at air 1963 sc 1742. contention that there is no procedure prescribed for determination of capital value is equally without merit. the gram panchayat has called upon residents of .....
Tag this Judgment!Court : Mumbai Nagpur
..... the company in this behalf shall be final and binding on us. 2. we the said bank further agree that the guarantee herein contained shall remain in full force and effect upto ....... and any claim received after the said date shall in no case bind the bank. 3. the company shall have the fullest liberty ..... the eventualities mentioned in the deed of guarantee. 19) in the context of the aforesaid position of law laid down by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', 'principal ..... beneficiary of the guarantee is not entitled to the amount from the bank." para-7 : "in synthetic foams ltd. vs simplex concrete piles (india) pvt. ltd., air 1988 delhi, 207, a learned single judge has stated that misrepresentation, suppression of material facts and violation of the terms of the guarantee can be regarded as species .....
Tag this Judgment!Court : Mumbai Nagpur
..... /4/2007 which were exhibited in the enquiry proceedings as also the letter dated 13/8/2008 which was not exhibited; (c) that the appellants were per force required to make an application for ta/da and then only they were paid the same. the management was obligated to provide all the facilities since the enquiry ..... appointed by the executive council had investigated those charges, recorded the evidence and submitted its finding to the executive council. the executive council, under the agra university act, was the appointing authority and as such it was the punishing authority also. in the enquiry held against the petitioner, the members of the executive council had given ..... order of dismissal holding inter-alia that the rules of natural justice were grossly violated. this position has been reiterated in the decision in rattan lal's case, air 1993 sc 2155, referred earlier. the supreme court has laid down that the test is not whether in fact, bias has affected the judgment; the test always .....
Tag this Judgment!Court : Mumbai Nagpur
..... s construction had commenced within one year. hence, in view of the order passed by the state government u/s 340(2) of municipalities act, the said building permission granted by shirdi village panchayat continued in force within the area of shirdi municipality, respondent was found entitled to carry on the building construction in accordance with the said building plan even after ..... s.c. 1325(m. c. mehta v. union of india)shows how the hon'ble apex court has dealt with such problems of conflicts. in air 1950 s.c. 27 (a. k. gopalan v. state of madras), rights of individual and society are balanced by expressing that there cannot be any such thing as absolute or ..... v. union of india),is relied to show how hon'ble apex court has dealt with such problem. in air 1950 s.c. 27 (a. k. gopalan v. state of madras), manner of achieving balance between rights of individual and society is pointed out. air 2004 sc 2615 (paras 33,35 and 26)-(indian banks' assocn. v. devkala consultancy service) and(2006) .....
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