Court : Mumbai Nagpur
..... as may be specified in the said notification and shall include all the competent authorities already designated by the government before the coming into force of this act, having jurisdiction over the area or place to which the applicant originally belongs, unless specified otherwise; (k) scrutiny committee means the committee ..... [a] the petitioners belong to thakur, scheduled tribe enlisted at sr. no. 44 in part-ix [maharashtra] of the constitution (scheduled tribes) order, 1950. [b] all the petitioners applied to sub-divisional officer, malkapur, for issuance of scheduled tribe caste certificates to them with relevant documents in support of ..... by him. the petitioners have, therefore, filed the instant petition. 4. learned counsel for the petitioners then submitted that after coming into force of the maharashtra scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and .....
Tag this Judgment!Court : Mumbai Nagpur
..... tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001)("the said act") was brought into force in the state of maharashtra on 18-10-2001 by the notification dated 17-10-2001 published in the official gazette. the ..... belonging to different castes and claiming to be the members of the said caste of main scheduled tribes included in the constitution (scheduled tribes) order, 1950 in relation to the state of maharashtra, who started facing difficulties of ouster from the employment in spite of rendering several years of service and their ..... went up to the apex court, which was decided on 2-9-1994; kum. madhuri patil and another v. additional commissioner, tribal development, reported in air 1995 sc 94. the apex court found that the appellants, who were the candidates belonged to the other backward class category of 'hindu koli', claimed the benefits .....
Tag this Judgment!Court : Mumbai Nagpur
..... right to make such an application, it could not have intended that it should not be availed of in any case. there is undoubtedly force in this argument, but it seems to us that the intention of the legislature in enacting section 32 clearly was to transfer the ownership of the lands to the ..... a surrender of tenancy to be valid and effective have been laid down by the apex court in the case of ramchandrakeshav adke .vs. govind joti chavare reported in air 1975 supreme court 915: 12. it will be seen from a combined reading of these provisions that a surrender of tenancy by a tenant in order to be valid ..... application is rejected. the question to be considered, therefore, is whether such an application can be entertained. it has been contended that as there is no provision in the act that an application on the grounds mentioned in section 14 cannot be made after april 1, 1957, such an application is maintainable, for since the legislature has preserved the .....
Tag this Judgment!Court : Mumbai Nagpur
..... period of one month. thus there is no notice of period of not less than one month as contemplated by section 53(1) of the said act. hence, there is considerable force in the submission of the learned counsel for the appellant that notice dated 18.11.2010 by prescribing a shorter period than the one prescribed by section ..... subject of examination by this court in the case of firm of illuri subbayya chetty v. state of andhra pradesh, c. a. no. 315 of 1962 d/2511963: (air 1964 sc 322) where gajendragadkar j. speaking for the court said: non-compliance with the provisions of the statute to which reference is made by the privy council must, ..... in shivkumar chadha vs. municipal corporation of delhi and others (1993) 3 supreme court cases 161, addanki tiruvenkata thata desika charyulu (since deceased) vs. state of andhara pradesh and another air 1964 supreme court 807 and ramchandrakeshav adke (dead) by lrs. and others vs. govind joti chavare and others (1975) 1 supreme court cases 559. 6. smt. s. s .....
Tag this Judgment!Court : Mumbai Nagpur
..... bullocks is protected under article 19(1)(g) of the constitution of india. 7. the judgment in the case of rex vs. basudeva, reported at air (37) 1950 fc 67, is also relied upon to show how the sale of adulterated food stuff was held not proper and the hon'ble apex court has found ..... has 63% stakes in container corporation of india and hence to enable container corporation to earn more profits, railways deliberately avoided transportation of certain commodities thereby forcing needy persons to approach the container corporation of india limited. she states that difference in rate mentioned by the learned counsel for the container corporation of india ..... the railway containers. the learned counsel for the shipping services has pointed out that coal or coke are combustible in nature and regulated under the essential commodities act. minerals which do not occur naturally may also have some hazardous or other properties. according to her, therefore, there may be some logic in prohibiting movement .....
Tag this Judgment!Court : Mumbai Nagpur
..... an employee under the janpad sabha. in this background, the submission made by mr. patil, will have to be tested. 9. the maharashtra zilla parishads and panchayat samitis act, 1961 came into force w.e.f. 01.05.1962. the maharashtra zilla parishads district services rules, 1968 were framed in the year 1968 but they were given effect from 01.05.1962 ..... judges held: "11.......a decision should be treated as given per incuriam when it is given in ignorance of the terms of a statute or of a rule having the force of a statute......." 34. in paragraph 12 the learned judges observed as follows:(gurnam kaur case, scc p. 111) 12.......one of the chief reasons for the doctrine of precedent ..... 01.10.1997 (annexure c), he was denied the benefit of the supreme court judgment in the case of m. g. pendke and ors. .vs. municipal council, hinganghat, and ors.; air 1993 sc 142 and pleaded that his age of retirement cannot be curtailed. however, he was made to retire at the age of 58 years on 30.06.1998. hence .....
Tag this Judgment!Court : Mumbai Nagpur
..... show that in fact this practice of providing concession or exemption was in vogue since the order of administrator dated 11-12-1984. the practice in force for such a long time could have not been altered or discontinued to the prejudice of the present petitioner without extending it necessary opportunity. the ..... licence issued by the government of india, ministry of industries, department of industrial development styled as licensing of industrial undertakings under the industries (development and regulation) act, 1951, issued on 04-05-1972. this licence, therefore, refutes defence that the petitioner is not an industrial undertakings within the provisions of the said enactment ..... judgment of honble apex court in the case of state of tamil nadu vs k. sabanayagam and another, reported at air 1998 sc 344, more particularly, para 12 is relied upon to buttress the submission. he contends that having extended and allowed the concessional rate of .....
Tag this Judgment!Court : Mumbai Nagpur
..... concept is much wider and it take in it's stride any one who is not a mere busybody. 12. in present facts, the 1971 enactment has been brought into force to make better provision for improvement and clearance of slum areas in the state and their redevelopment and also for protection of dwellers therein from eviction and in distress warrant ..... proceedings. as per section 1[3] the state government has got discretion to bring this act into force in such areas and on such dates, as it may notify. thus, it was open to the state government to stipulate that said ..... . 5. to explain how locus standi in this situation needs to be liberally understood, the appellants have invited our attention to the judgment of hon'ble apex court reported at air 1975 sc 2092 (bar council of maharashtra .vrs. m.v. dabholkar and others) and division bench judgment of this court reported at 2012 (3) mh.l.j. 860 (prashant .....
Tag this Judgment!Court : Mumbai Nagpur
..... that deemed dereservation. 13. undisputed facts before us here show that if section 127 was available to present petitioners, right thereunder was exercised by them before coming into force of the revised development plan under section 38 of the mrtp act. as such, as per the above verdict of hon'ble apex court, the later revised plan or ..... the landowner aspires to get the reservation on his land deleted, it has to serve a notice under section 127, and force acquisition or dereservation, he must wait and act after 10 years of the coming into force of the development plan. if he omits to do so and in the meanwhile, revised development plan under section 38 comes ..... plan as notified under section 31(6) thereof? 11. prafulladave (supra) reached hon'ble apex court and law expounded is seen in 2015 (1) ljsoft (sc) 17 = air 2014 sc 426 prafulla c. dave and ors. vs. municipal commissioner and ors. hon'bleapex court considers provisions of section 127, and effect of section 38 of the maharashtra .....
Tag this Judgment!Court : Mumbai Nagpur
..... .1992 and time limit of 3 years stipulated therein has been extended to 4 years on 01.03.1996. these developments are therefore, before coming into force of the 1993 act, which adopted said second schedule for recovery. perusal of rule 68b shows that immovable property cannot be sold under part-iii of schedule ii, after expiry ..... assailed in the arguments. therefore, it cannot lie in the mouth of the petitioner that the subject property was never mortgaged with respondent no.1 bank. 30. in air 1993 sc 935 (mahesh chandra vs. regional manager, upfc and others), relied upon by shri sadavarte, learned counsel, the hon'ble apex court has considered the provisions ..... court to require the judgment debtor to attend on a specific date to take notice of the date to fix for settling the terms of proclamation of sale. air 2008 sc 2061 (m/s. mahakal automobiles vs. kishan swaroop sharma), considers the very same provision of civil procedure code and stipulates that notice to judgment debtor is necessary .....
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