Court : Mumbai Nagpur
..... upon the similar facts. the ratio of the division bench in the case of devidas matiramji surwade is that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the public property ..... upon any land, which is not a private property, but the government land or public property and to prosecute the persons creating such obstruction or encroachment. 9. section 184 of the said act deals with members, etc., of panchayats to be public servants, and it runs as under: 184. members, etc., of panchayats to be public servants. every ..... a member of a panchayat, and if he becomes a member of a panchayat, then he is not entitled to continue as such. the disqualification under section 14 is in respect of the acts, events, deeds, misdeeds, transactions, etc, which have been done, happened or occurred before entering into the office as a member of a panchayat as .....
Tag this Judgment!Court : Mumbai Nagpur
..... gawha, district manora, district washim? (hereinafter called the 'society' for short). the said society is registered under the provisions of bombay public trust act, 1950 (hereinafter referred to as, 'the bpt act', for short) bearing registration no.f153/ akola dated 07/7/1964. the affairs of the society are carried on in accordance with its written constitution ..... the assistant charity commissioner by the joint charity commissioner, there was another round of litigation. this time the respondents filed the appeals (applications) under section 72 of the bpt act against the said common judgment and order passed on 20/10/2008 by the joint charity commissioner before the court of district judge, washim. they ..... and then assign its own reasons for arriving at a different finding. these are the obligations cast upon the first appellate court by the scheme of section 100 of the code of civil procedure as it is a final court of facts and it's pure findings of fact, remain immune from challenge .....
Tag this Judgment!Court : Mumbai Nagpur
..... discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; ..... we are of the view that a medical professional treating patients and diagnosing diseases cannot be held to be a "workmen" within the meaning of section 2(s) of the i.d. act. doctors' profession is a noble profession and is mainly dedicated to serve the society, which demands professionalism and accountability. distinction between occupation and ..... or whose services have been terminated, from employment] on account of any dispute relating to change in respect of which a notice is given or an application made under section 42 whether before or after his [dismissal, discharge, retrenchment or, as the case may be, termination from employment]; [but does not include (i) a person .....
Tag this Judgment!Court : Mumbai Nagpur
..... and, therefore, the court accepted his evidence and proceeded to pronounce the judgment. i do not find any fault with the learned district judge. but then, under the guardian wards act, 1940, onerous duty is cast on the district judge while trying and adjudicating a case in relation to the custody of children whenever there is a dispute between the husband ..... to disbelieve the allegations of the respondent-husband it is not possible for me to agree with such kind of approach since in a case under the guardian and wards act, the district judge was bound to make thorough enquiry, keeping in mind that the paramount consideration is welfare of the children. in my opinion, there is a failure on the .....
Tag this Judgment!Court : Mumbai Nagpur
..... that the charity commissioner functions as an administrative, inquisitive, quasijudicial as well as judicial authority under the different provisions of the b.p.t. act, 1950 and has also to act/defend as a litigant for the public trusts as parents patriae.? the charity commissioner has to preserve and protect charity till the dispute between two ..... president and members of the governing council, therefore, came into effect from the date of the respective resolutions of the general body. the enquiry postulated under section 22 is only to ascertain the factum as to whether the change has occurred or not. in the event, the competent authority is satisfied that the ..... hon. apex court has in paragraph 12 stated that acquiescence does not confer jurisdiction on any court or authority. a larger bench of the hon. apex court in md army welfare housing organisation vs. sumangal services pvt. ltd. (supra) reiterated the same principles. in dresser rand s.a. v. bindal agro chem ltd. (supra), same .....
Tag this Judgment!Court : Mumbai Nagpur
..... accepted for the reason that there is no provision of recording of statements of the person against whom inquiry is made either in section 42 or section 55b or section 311 of the act, 1965. under section 311, discretion has been given to the inquiry officer to summon and examine any person whose evidence appears to him to be ..... and pradeep sangodker, referred to above, applies to only judicial authorities and not to the authorities like respondent no. 2 performing statutory functions under section 55b or section 42 of the act, 1965. 56. the argument of learned special counsel that these guidelines cannot be made applicable to the authorities like respondent no. 2 is against ..... prevented from running amok (see: wade administrative law, 8th edn. p.5, oxford university press). 35. in the case of veerendra kumar dubey v. chief of army staff and ors. (2016) 2 scc 627, the hon'ble apex court has held that though administrative instructions cannot make inroad into statutory rights of an individual, .....
Tag this Judgment!Court : Mumbai Nagpur
..... is pending, (iv) the fact that the charge/charges were framed against the respondent no.1 prior to the date of delivery of nomination paper under section 33 of the said act in respect of the offence/offences alleged against him along-with the specific date of framing of charge/charges by the court of competent jurisdiction, and (v ..... contain the following material facts based upon the information called, viz.- (i) the fact that the respondent no.1 is an accused in the offences under specific section/s of specific act/s with short description of such offence/offences together with cases/fir number with the details of the concerned police station, (ii) the fact that the offence ..... or more:- (a)case/first information report no. together with complete details of concerned police station/ district/statefir no.252/91 p.s. sitabuldi nagpur(b)section (s) of the concerned act(s) and short description of the offence(s) for which charged147, 148, 324 i.p.c.(c)name of court, case no. and date of order .....
Tag this Judgment!Court : Mumbai Nagpur
..... the said submission cannot be accepted. admittedly, the petitioner is a co-owner of the building in question and hence resort to the provisions of section 75 of the said act by the counsel for the petitioner is misplaced. that the amount of rent should be paid exclusively to the brother of the petitioner is an ..... no.5, being aggrieved, filed a revision petition under section 154 of the said act. the hon'ble minister for co-operation, marketing and textiles, by order dated 20th october, 2015, came to the conclusion that as the petitioner ..... that by passing a resolution for shifting of the branch, it could not be said that the petitioner had attracted disqualification under the provisions of section 73ca (1) (vi) of the said act. the divisional joint registrar accepted the aforesaid report and by order dated 11th may, 2015, dismissed the application for disqualification. 6.the respondent .....
Tag this Judgment!Court : Mumbai Nagpur
..... mentioned on the cover-note when the claims tribunal issued notice of the proceedings disentitles the appellant to rely upon the presumption available under provisions of section 27 of the act of 1897. if the address mentioned on the communication is not found to be correct, the sender would not be in a position to rely ..... vehicle at the address mentioned in the cover-note. to indicate service of said communication the learned counsel for the appellant has relied upon provisions of section 27 of the act of 1897. the record indicates that in the claim petition, the address of the owner shown is the same address that was mentioned on the cover ..... of any acknowledgment of intimation regarding non-receipt of premium and the policy being void having been placed on record, the question of any presumption under section 27 of the act of 1897 being available would not arise. it was submitted that the appellant ought to have obtained due acknowledgment of service of the communications issued by .....
Tag this Judgment!Court : Mumbai Nagpur
..... the magistrate ought to have forwarded 'b summary' report to the special court constituted under the scheduled caste and scheduled tribes (prevention of atrocities) act. if the provisions of section 190, 193 and 209 are considered together, it can be said that the special court or the sessions court gets the matter only after its ..... for taking cognizance of the offences in crime no. 3009/2007 and issuing process for offences punishable under section 3(1) (x) and 3(1) (xi) of scheduled caste and scheduled tribes (prevention of atrocities) act, 1989 and under sections 294, 509 of the indian penal code is set aside. the order of the revisional court dated ..... 2007. the judicial magistrate, first class, yavatmal has taken cognizance of the offences punishable under section 294 of the indian penal code and section 3(1) (x) and 3(1) (xi) of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989. the order made by the magistrate is confirmed by the sessions court in revision .....
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