Court : Mumbai Aurangabad
..... and 73 as under: 65. the factual position to which the law laid down is to be applied, is stated as under: (a) before coming into force of the said act on 18-10-2001, the appointments and promotions were made against the post reserved for scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other ..... supplied)" "91. the power of superintendence under article 227 of the constitution conferred on every high court over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction is very wide and discretionary in nature. it can be exercised ex debito justitiae i.e. to meet ..... and the purpose of this article seems to be to make the high court the custodian of all justice within the territorial limits of its jurisdiction and to arm it with a weapon that could be wielded for the purpose of seeing that justice is meted out fairly and properly by the bodies mentioned therein." (emphasis .....
Tag this Judgment!Court : Mumbai Aurangabad
..... available, the petition was disposed of, leaving open to the petitioners to avail the alternative remedy. the petitioners filed original application no.73/2012 before the armed forces tribunal, regional bench at mumbai, seeking direction to the respondent nos.1 to 5 to recover 50% final settlement account, and afpp fund amount from the ..... the dependants, and therefore, para 11.3 of the said letter scheme is contrary to the provisions of section 21 of the hindu adoption and maintenance act, 1956, and section 125 of the criminal procedure code. the learned counsel invited our attention to the provisions of section 125 of criminal procedure code and submits that, the ..... remarriage, whichever is earlier, and the said definition of widow, is in accordance with law and in accordance with the provisions of hindu adoption and maintenance act, 1956. according to the learned counsel appearing for the petitioners, after the re-marriage, the status of widow as family member vanishes and she becomes .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 7. being aggrieved by the refusal of the respondents to reappoint / reinstate the petitioner, petitioner filed original application no.270/2011 under section 21 of the administrative tribunal act, challenging the order of the respondent no.3 as well as the respondent no.1. said original application was dismissed. hence this writ petition. 8. the ..... that, he has passed h.s.c. examination. the respondent no.3 issued an advertisement in the year 2001 to the post of armed police constable in the state reserve force at jalna district. in pursuance to the said advertisement, the petitioner applied to the said post. he was called for physical test by ..... inordinate delay in taking exception to the order of termination, which was passed in the year 2003, the maharashtra administrative tribunal has rightly held that, original application was time barred. there is considerable force in the argument of the learned agp that, since the appointment order was on certain condition, on breach of condition, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of it, or as a result of failure to exercise jurisdictions. a writ can similarly be issued where in exercise of jurisdiction conferred on it, the court or tribunal acts illegally or improperly, as for instance, it decides a question without giving an opportunity to be heard to the party affected by the order, or where the ..... for personal cultivation. there is also a provision in the chapter iv-c in regard to the serving members of the armed forces in relation to agricultural lands, with reference to serving members of the armed forces either in their capacity as owners of the lands or tenants in any capacity. chapter v deals with restrictions on transfer to ..... record. hareshwar being declared a tenant was another decisive factor since the order dated 31.10.1969 had become final. section 38(6) of the tenancy act empowers the tribunal to issue a purchase certificate to the tenant in possession. since the tenant in possession has a preferential right to purchase the property, the claim of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 17b was aimed at reducing the rigours of litigation and for softening the hardship suffered by the litigant who is armed with an order of reinstatement passed by the labour court under the industrial disputes act, 1947. it is undisputed that no such application was filed. it also cannot be in dispute that the employee ..... according to the petitioner is unclean and blemished. the learned advocate for the respondent submits that due to inadvertence, application under section 17b of the industrial disputes act, 1947 was not filed before this court during pendency of this petition. he states that the respondent was unemployed, since his dismissal till the age of ..... /conductor had not moved an application u/s 17b of the industrial disputes act, 1947. section 17b reads as under: 17b. payment of full wages to workman pending proceedings in higher courts. where in any case, a labour court, tribunal or national tribunal by its award directs reinstatement of any workman and the employer prefers any .....
Tag this Judgment!Court : Mumbai Aurangabad
..... are the aforesaid provisions of muslim law. they can proceed against mutwalli, but such transaction cannot be recognized in view of the provisions of law and the tribunal has not committed any error in holding that the transaction is null and void. the instances of grabbing the property of waqf are increasing day by day. ..... property is waqf property. alienation of waqf property is declared as illegal and that can be seen in the provision of section 51 of waqf act, 1995. even prior to coming into force of this provision, alienation of waqf property was not permissible in view of the nature of the property. it is permanent dedication to almighty ..... the so called mutawalli, the present applicants and the secretary of marathwada waqf board. the secretary signed as consenting party. the subsequent lease, which was challenged before the tribunal shows that the terms and conditions mentioned in agreement dated 15.4.1999 will remain as they are and there was only change of rent. they are as under .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is the armed force of the union of india. however, the cat granted liberty to the ..... tribunal, mumbai, for the aforesaid prayers. however, the said original application came to be dismissed by the learned cat by order dated 12.6.2009, holding that, in view of section 2(a) of the administrative tribunals act, 1985, the said tribunal had no jurisdiction to entertain and try the said original application filed by the petitioner herein, since the central reserve police force ..... 1 herein is the union of india and respondent no.2 is the additional deputy inspector general, central reserve police force, group centre, crpf, talegaon dabhade, post vishnupuri, taluka maval, district pune, whereas respondent no.3 is the presiding officer, central reserve police .....
Tag this Judgment!Court : Mumbai Aurangabad
..... a larger proportion.](b) where the tenant is 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 minor within one year from the date ..... section 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the [maharashtra revenue tribunal] under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. the date on which the ..... is a golden day for the cultivating tenants, wherein as per section 32 of the tenancy act, 1948 they became deemed purchasers from the land lords free from all encumbrances, subsisting there on the said date. a duty is cast on the agricultural lands tribunal to fix the purchase price. the said right of the tenant is postponed only in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and the bar provided to challenge such orders. 19. respondent no.3 had filed an appeal under section 9(1)(b) of the m.e.p.s.act, 1977 before the school tribunal at latur alleging that the school management had illegally appointed the present petitioner on the post of headmaster of dr.iqbal urdu model high school,. ardhapur, superseding his ..... by the present petitioner as about delay and laches on the part of respondent no.3, in approaching the school tribunal, the weighing factor in the mind of the school tribunal was that there is no limitation provided in the m.e.p.s.act for filing of an appeal against the order of supersession. it is evident that the learned school ..... is a minority school and, as such, the provisions of the m.e.p.s. act, in so far as the appointment of the head of the school is concerned, are not applicable. the material on record reveals that in the appeal before the school tribunal, the school management has supported respondent no.3. however, the plea so raised in the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , collusion in judicial proceedings is a secret agreement between two persons that one should institute a suit against the other, in order to obtain the decision of a judicial tribunal for some sinister purpose 23. as observed by the high court of mysore in the case of tirukappa vs. kamalamma air 1966 mysore 1, collusion means agreement or understanding ..... reads thus, 96. appeal from original decree. (1) save where otherwise expressly provided in the body of this code or by any other law for the time being in force, an appeal shall lie from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from the decisions of such court. (2) an ..... against the order under rule 3 order 23 recording or refusing to record an agreement, compromise or satisfaction. but clause (m) of rule 1 order 43 was omitted by act 104 of 1976 with effect from 1.2.1977. simultaneously, a proviso was added to rule 3 order 23 with effect from 1.2.1977. we extract below the .....
Tag this Judgment!