Court : Mumbai Nagpur
..... further declaration sought is, that the guidelines on access to biological resources and associated knowledge and benefits sharing regulations, 2014 (hereinafter referred to as the regulations for short) apply only to transactions involving non-indian entities and the same do not apply to the indian entities not treading any biological resources with non- ..... section 52, enables aggrieved persons to challenge determination of benefit sharing or order of the national biodiversity authority or a state biodiversity board by filing an appeal to the high court. ..... in the alternate, it is prayed that to the extent the said rule envisages equitable sharing of benefits by the indian entities, it should be declared ultra vires to the provisions of the biological diversity act, 2002 and, therefore, unconstitutional. .....
Tag this Judgment!Court : Mumbai Nagpur
..... protection under the act becomes available to the wife/applicant, who was driven out from her husband's shared household prior to coming into effect of the act of 2005, but if the deprivation continued even after the act came into force. ..... shared household, maintenance, monetary benefits in this regard. ..... of action, therefore, there is no question of putting a stop to the relief sought for on the ground of continuous breach of legal right, since the continued deprivation of economic or financial resources and continued prohibition or denial of access for the shared household, maintenance etc. ..... respondent in such application pursuant to the complaint under the domestic violence act, cannot be allowed to defeat the provisions of act by continuously depriving his wife or applicant with whom he was in the domestic relationship from the benefits under the act i.e. .....
Tag this Judgment!Court : Mumbai Nagpur
..... to show that development is in accordance with law and proper and there is no benefit to any individual, he strongly relies upon the proceedings under section 36 of the bombay public trust act, and orders passed thereunder in the case of sailesh developers and anr. vs ..... clause 6 of this agreement also contemplated that if fsi in excess of 1.25 became available, sabha and developer would mutually revise the terms and conditions of this agreement to proportionately share the additional benefits. ..... it is a public interest petition alleging assailing illegal shifting of reservation for primary school and granting permission to develop that plot for private residences grievance was that rules and procedures were circumvented to benefit a close relative of the chief minister. ..... the change is not for individual benefit but for enabling an institution with national repute to survive more efficiently ..... 9 sabha, was not being benefited or the deal was patently unfair ..... have to be normally general in character and not for the benefit of any particular party. ..... change of user, according to the petitioner, is only to benefit few as mentioned in ground no. ..... joint undivided share to the extent of fsi consumed by the structure purchased by him needed to be answered by the ..... we have the benefit of about 40 cases cited at the bar by the learned counsel for parties in this exercise, and with thanks and respect, we wish to place it on record that the mention of the above precedents is sufficient for present .....
Tag this Judgment!Court : Mumbai Nagpur
..... kodimaniandra deviah and others wherein in case of a transfer by a person having spes successionis in selling property representing that he is person interested in the property, the transferee is entitled to benefit of section 43 of the transfer of property act as such transferee had acted on the faith of the representation made by the transferor and paid consideration in respect of sale of immovable property ..... therefore, since the transfer was made by her son without any authority from her and fradulently without informing her, benefit of such transaction cannot be taken by the defendant (appellant) as, according to the learned counsel, narayan had never acquired any interest during his life time in the suit plot and therefore, ..... a sale deed that the vendor has not transferred the property to anybody in any manner whatsoever, nor has anybody any rights interest or share therein is quite enough to show that there was a fraudulent representation when in fact the vendor had sold it already to a third ..... court held that when a person transfers property representing that he is a person interested therein whereas he is infact only a spes successionis, the transferee is entitled to benefit of section 43 if he has share transferred on the faith of that representation and for consideration. ..... transferee does act on the representation, there is no reason why he should not have the benefit of the equitable doctrine embodied in s.43, however fraudulent the act of the transferor might have been .....
Tag this Judgment!Court : Mumbai Nagpur
..... provision of medical care, education, training, employment and rehabilitation of persons with disabilities; (ii) to create barrier free environment for persons with disabilities; (iii) to remove any discrimination against persons with disabilities in the sharing of development benefits, vis-a-vis non-disabled persons; (iv) to counteract any situation of the abuse and the exploitation of persons with disabilities; (v) to lay down a strategy for comprehensive development of programmes and services and equalisation of ..... service: provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier ..... since 1st january 1996 it has been consistently noticed by the courts that there has been constant attempt by the employers to deprive the persons with disabilities, from the benefits of the act. ..... disabilities act, 1995 casts an obligation on the employer to provide an alternate employment to the employee, who acquired disability during his service, in some other post with same pay scale and service benefits. ..... disability was not suitable for the post he was holding, should have been shifted to some other post with the same pay scale and service benefits. .....
Tag this Judgment!Court : Mumbai Nagpur
..... which should have made the respondent to refuse execution of sale-deed in favour of appellant and from this view point, i am of the opinion that the respondent is a defaulting party not deserving to his credit any equitable benefit in the nature of share in the supposed rise in price of the suit land. 22. ..... third contention of the respondent is that due to passage of considerable period of time, price of the suit land has got increased and, therefore, some portion of the benefit be also passed over to the respondent, if at all this court allows this appeal in favour of the appellant. ..... that apart, in the said case of nirmala anand (supra), while determining as to how much of benefit of increase in the value of the property should be given to the other side, the honble apex court has laid down that while balancing the equities, one of the considerations to be kept in view is as to who is the defaulting ..... he alternatively submits that the transaction in any case being very old, that is to say, about 26 years old, it would not be equitable to allow the appellant to have for himself the entire benefit of substantial rise in the market value of the land. .....
Tag this Judgment!Court : Mumbai Nagpur
..... or disablement : provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees of heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority. .....
Tag this Judgment!Court : Mumbai Nagpur
..... however, it is pertinent to note that the said appellant nos.2 and 3 in their life time had relinquished their shares in favour of the petitioners above named as it is the petitioners above named who are dealing with the property in question at amravati and in fact the suit was filed for the benefit of the petitioners. ..... sau.sitabai and sau.kamalabai had relinquished their shares in the suit property which fact was confirmed by their heirs, by addressing letters to the present petitioners. ..... it is further pertinent to note that the heirs have addressed letters to the petitioners confirming the relinquishment of their shares by said sau.sitabai and sau.kamalabai. ..... even the respondents have not questioned the petitioners' case as regards the relinquishment of the shares by the appellant nos.2 and 3. ..... this is, therefore, a case where the appellants no.2 and 3 have been deleted on the ground that they have relinquished their shares in favour of the petitioners. .....
Tag this Judgment!Court : Mumbai Nagpur
..... decree in such case therefore can be conditional subject to the permission under the relevant land disposal rules in the present case by the nit and the nmc for sanctioning division of the shares in the construction by metes and bounds depending upon who applied for the construction, who spent for it and in what proportion, who paid ground rents as a lessee and sub-lettings recognised ..... forfeiture or whether lessee is unable to use demised land; effect of holding over under section 116 of the transfer of property act, 1882 are all questions to be considered before passing the final decree as to whether shares declared by the first appellate court can attain finality in the facts of the case. ..... reddy reported in air 1966 mad 419 madras high court answered question of law thus:- the question of law, however, remains, whether the arrangement, by which items 1 to 4 of a schedule and one fourth share in the well in item 6 were allotted specifically to ellappa, is valid in law. ..... nit as an agency or instrumentality of the state is expected to confer benefit upon individuals by adopting rational; sound; transparent; fair and equitable policy to alienate land to any individual; for lawful consideration alienation by mode of lease of the suit plot in this case; to a lessee as ..... to shut out plea of the person who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke the family arrangement under which he has himself enjoyed some material benefits. .....
Tag this Judgment!Court : Mumbai Nagpur
..... motive. it is also not as if that the appellant herein had taken benefit of the unsuspected victims while he was living with them. ..... throats. the appellants-accused couple did not even spare the ten month old infant, who could not have protested to their liaison, and ruthlessly throttled him to death so as to leave no survivors for claiming share in the family's property in the ..... . it is also the prosecution case that, even thereafter, the appellant used to visit the house demanding shamshad to transfer half share in the house in his name. 3 ..... family. we, therefore, find that the appellant would be entitled to benefit of the first mitigating circumstance. ..... sleep. this was done since the family members were opposed to the affair between the appellants therein and they did not want anybody in the family to claim share in the ..... person. (4) the offence of murder was committed for ransom or like offences to receive money or monetary .....
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