Court : Mumbai
..... to protect existing occupants while applying the rule / policy changes and hence these are de-facto prospective and not retrospective in nature. 24. however, the army head quarters policy on entitlement and regulation of accommodation to officers on study leave was also evolved upon feedback and obtained from time to time. as on ..... fafa. where the last duty station (lds)/study leave station (sls) is non mil station (nms), the nearest station head quarter in whose jurisdiction it falls shall act as lds/sls respectively for the purpose of regulating grant of accommodation. (c) provision of accommodation at last duty station (lds) : (i) where study leave station ..... and has relied upon certain materials now obtained and presently in his possession. it is urged that the policy has been applied selectively. the respondents have acted arbitrarily in as much as they are picking and choosing officers for favourable treatment. it is stated in this civil application that the petitioner's entitlement .....
Tag this Judgment!Court : Mumbai
..... and which are pending in any civil court in any district shall be transferred to the commercial courts so constituted is the mandate of section 15(2) of the commercial courts act. section 7 empowers commercial division of high court to hear all suits and applications relating to commercial disputes of the stated value of the ..... court, no appeal shall lie from any order or decree of a commercial division or commercial court otherwise than in accordance with the provisions of this act. (emphasis added) section 14 expeditious disposal of appeals the commercial appellate division shall endeavour to dispose of appeals filed before it within a period of six months from the ..... a commercial court that are specifically enumerated under order xliii of the code of civil procedure, 1908 (5 of 1908) as amended by this act and section 37 of the arbitration and conciliation act, 1996 (26 of 1996). (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a .....
Tag this Judgment!Court : Mumbai Goa
..... agencies have permitted such illegal banking business to be carried out by the said company. it is also contended that looking into the case papers produced under section 173 of the criminal procedure code, it gives a feeling that the entire investigation system contemplated in part xii of the criminal procedure code has been given a go by and ..... to the said company which was valid up to 30.04.2016. it is also pointed out that they have also taken up investigation under foreign exchange management act, 1999 and the letters are sent to the reserve bank of india, roc, sebi and the commissioner of income tax informing about the crime and requested them ..... the criminal procedure code. 5. it is the contention of the petitioners that kamakshi forex private limited is a private limited company duly registered in terms of the indian companies act, 1956 with mr. nilesh raikar as the managing director and mrs. nilima raikar and mrs. rekha raikar, as directors of the said company which primarily deals .....
Tag this Judgment!Court : Mumbai
..... 10 of the 2000 act is a statutory fiction which has to be given effect to and the commissioner of municipal corporation has given effect to the deeming provision ..... category on false caste certificate as belonging to such caste, tribe or class shall be deemed to have been terminated retrospectively. the deeming provision in sub-section (4) of section ..... ) of section 10 of the maharashtra schedule castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward category (regulation of issuance and verification of) caste certificate act,2000 [for short the 2000 act ] and held that election of a person who has contested on a seat reserved for the any caste / tribe / .....
Tag this Judgment!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 Aurangabad
..... , that is, a dispute arising between parties to a marriage, (attention may be brought to the reference made by deshmukh j. to the family courts act sub-section (1) of section 7, to elucidate the meaning of the term 'matrimonial matters') and should therefore exclude testamentary petitions wherein not only is there an absence of dispute, other ..... , inter alia, provides for exemption of court fees for women litigants in cases relating to maintenance, property right, violence and divorce; and whereas, section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), empowers the state government by notification in the official gazette to reduce or to remit any of the fees ..... mentioned in the first and second schedules to that act; now, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), the government of maharashtra hereby remits the fees payable by women litigants on any .....
Tag this Judgment!Court : Mumbai
..... to disturbance of public order. hence to protect the interest of the public in such cases, the legislation has amended the definition and incorporated 'sand smugglers' in section 2 of the act. the detaining authority has rightly considered the situation, the nature of offences and the nature of its effect on public order and has passed the order. 37. ..... detenu. hence, the detenu has been detained as he is a sand smuggler and his activities are prejudicial to public order as envisaged under section 2 (a) subsection (iv-a) of the act. sub-section (iv-a) of section 2 (a) reads as under: (iv-a) in the case of a sand smuggler, when he is engaged, or is making ..... for passing the order of detention. our attention has not been drawn to any provision of the act which expressly or impliedly lays down the type of material which can form the basis of a detention order under section 3 of the act. preventive detention measure is a harsh, but it becomes necessary in larger interest of society. it .....
Tag this Judgment!Court : Mumbai
..... for the purpose of answering question nos.(i) to (iv), in our view, it would be necessary to consider the relevant provisions of section 52 of the tp act; section 18 (ee) of registration act, 1908, along with rules 1, 2, 2a and 11 of order xxxix and rule 98 and 100 of order xxi of code of ..... inquiry and court shall dismiss his application. 64. in our considered view, two things must be emphasized to underline the difference and distinction between lis pendens, section 52 of tp act and order xxxix cpc dealing with temporary injunction, which, with great respect, has escaped the attention of the learned single judge deciding kachhi properties (supra) ..... against them. alienees would not even be able to raise an obstruction in execution proceedings. thus, the learned single judge held that protection afforded by section 52 of tp act is sufficient and there is no need of granting temporary injunction on the specious plea of avoiding multiplicity of proceedings. 19. the learned single judge then .....
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 Aurangabad
..... case first informant for unexplained and obscure reason, waited for days to lodge a complaint /fir in respect of alleged offence punishable under atrocities act. section 3(1) (x) of the act punishes intentional insult or intimidation from a person who is not a member of the scheduled castes or scheduled tribes when such insult or intimidation ..... defeated and a ragtag chargesheet was sent to the trial court. therefore, the conviction of appellant no.1 govind for the offence punishable under section 3(1)(x) of the scst act cannot at all sustained." 8. referring to the above judgments and observations in the rulings, the learned counsel for the respondents original accused submitted ..... of this court in that matter made in para 10, which reads as under: "in the present case, the accusation is mainly under section 3(1)(x) of the atrocities act. it may be possible that due to groupism in village there may be rivalry between different persons from different grounds false accusations cannot be ruled .....
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