Court : Mumbai Aurangabad
..... subsequent certificate in favour of the defendant is subject to objection which would be raised by any other person. as per section 51 of the copy right act, if the act is not permitted by the owner, the same amounts to infringement. in view of that the certificate granted by the registrar in favour of the defendant would ..... and the liability to meet such objection is cast on the person claiming copyright. the learned counsel submits that according to section 51 of the copy right act, if the act is not permitted by the owner of the copyright then also it is violation. v) learned counsel submits that in cases of infringement of copyright even ..... defendants by reproducing the same in material form and/or printing publishing or using the disputed labels. the plaintiff sought for permanent injunction restraining the defendants from committing the acts of infringement. the plaintiff also prayed for damages to the tune of rs.1,00,000/- (rupees one lac) each against the defendants nos.1 and 2 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... consequential directions to the board for payment of wages, etc. the award of the industrial tribunal was upheld by the high court in appeal. the contention put forth before this court was that after coming into force of the act it is only the appropriate government, which can abolish the contact labour system after consulting ..... the central board or the state board, as the case may be, and no other authority including the industrial tribunal has jurisdiction either to entertain such dispute or ..... exercise of repudiation of the contract with one and establishment of a legal relationship with another can be done, only in a regular industrial tribunal/court under the industrial disputes act. subsequent to these judgments several judgments of the learned single judges of this court came to be considered in hindustan coca cola bottling s .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and contest the suit at the hearing; and judgment may, in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place. (5) where - (a) the plaintiff was ignorant of the death of a defendant, and could ..... by the tenancy court. in the present matter, the question is, whether the three properties mentioned in three certificates given under section 32-m of the bombay tenancy act are joint hindu family properties. such dispute can be and needs to be decided by civil court. this is partition suit and only on the basis of certificate granted ..... and arjun gopal govekar). it appears that this court (other hon'ble judge) at principal seat held that such proceeding falls under section 70b of the bombay tenancy act and it needs to be referred to the tenancy court. on the basis of this observation, learned counsel for the appellants submitted that in the present matter also .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force. ? 16. it is already observed that the bombay amendment cannot be read in the present matter. law is settled that principle underlining section 52 of the ..... for uniformity and amendment) act, 1959], and the transfer of property act, 1882 shall, from the commencement of this act, be deemed to be amended ..... of 1939) which amend the transfer of property act, 1882, in its application to the pre-re-organisation state of bombay are hereby extended to, and shall be in force in, that part of the state of bombay to which they did not extend immediately before the commencement of this act [namely, the transfer of property (bombay provision .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the school. the present petitioner did not challenge the action of appointing the respondent no.4 as a head master, by way of filing appeal before the school tribunal, and therefore, filing the present writ petition belatedly after lapse of 8 years from the appointment of the respondent no.4 as a head master, that too, ..... claims, the petitioner ought to have availed appropriate remedy at the appropriate time within limitation provided under the relevant statutes / rules / procedure. we also find considerable force in the submission of the counsel appearing for respondent nos.4 to 6 that, the education officer cannot decide the issue of the appointment of the head master, ..... by passing the remedy of statutory appeal under section 9 of the meps act, cannot be countenanced, and therefore, the petition deserves to be rejected. 5. it is submitted that, the representation / application filed by the petitioner to the .....
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..... the basic valuation register (for the instant matter the ready recknoer) prepared and maintained for the purpose of collecting stamp duty has no statutory base or force and it cannot form a foundation to determine the market value mentioned thereunder in instrument brought for registration. 20. similar view is taken by the hon ..... alleged therein against the applicants under the provisions of indian penal code. we have already noted that the offence as alleged under the prevention of corruption act would not be attracted against the applicants. 26. in the circumstances, the continuation of the criminal proceedings against the applicants in so far as it ..... the government servants and not against the private individuals. learned counsel further submitted that sections 13(1)(d) and 13(2) of the prevention of corruption act also cannot be invoked against the present applicants. 6. mrs. a.v.gondhalekar, learned assistant public prosecutor, opposed the submissions advanced on behalf of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... proceedings for acquisition of land were held up on account of any stay or injunction issued by any court or the period specified in the award of a tribunal for taking possession or such period where possession has been taken but the compensation lying deposited in a court or in any account maintained for the purpose ..... in respect of the lands under acquisition, the first condition that award shall have to be made five years or more prior to the commencement of the act i.e. act of 2013, is not satisfied and as such, argument advanced by the petitioners does not deserve acceptance. 10. in the matter of pune municipal corporation and ..... compensation and as such, in view of provisions of section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (for short, act of 2013 ?), acquisition proceedings shall be deemed to have lapsed and it would be open for the state government to initiate fresh acquisition proceedings and determine .....
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
..... of break in service for period prior to date of his reappointment. facts are to the effect that order of removal was not challenged by applicant before tribunal. the tribunal has not set aside order of removal and order of reappointment. order of reappointment. order of reappointment as a fresh entrant dated 13-4-1978 was also ..... of his scale of pay and also denial of backwages, is clearly illegal and that the appellants are not entitled to challenge the order. we find no force in the contention. the respondent having accepted the order of the appellate authority and joined the post on june 5, 1989, it was not open to challenge ..... had deposited rs.5,000/- as per the circular dated 03/12/2005, it was incumbent upon the respondent corporation to continue him in employment by pardoning his act of misappropriation. consequentially, the petitioner was entitled for all benefits incidental and consequential to his continuance in employment. he, therefore makes a grievance that the industrial .....
Tag this Judgment!Court : Mumbai Aurangabad
..... into the correctness of the findings recorded by the disciplinary authority or the appellate authority as the case may be. the jurisdiction of the central administrative tribunal is akin to the jurisdiction of the high court under article 226 of the constitution. therefore, the principles, norms and the constraints which apply to ..... 2005 the divisional controller msrtc vs. shivaji darappa more, has concluded that the punishment awarded must appear to be shockingly disproportionate and should be an act of outrageous defiance of moral standards and logic so as to cause an interference on the ground that the same could be said to be a ..... said charges had been clearly established. apparently, it would bean unjustified direction to reinstate an employee against whom charge of misappropriation is established. a proved act of misappropriation cannot be taken lightly even though number of such misappropriation cases remain undisclosed and such employees or others amass wealth by such means. in .....
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