Court : Mumbai Nagpur
..... clear that there was no licence on the date of advancement of loan and that is the sine quo non for maintainability of the suit in the light of prohibition contained in section 10 of the bombay money lenders act, 1946 and, therefore, both the courts have rightly found that what is required is the existence of licence on the date of advancement of loan, whereas the admitted position is that the licence came into being 3 ..... below, i frame additional substantial question of law as under: whether in the light of section 114 illustration (e) of the indian evidence act, 1872 the money lending licence at exh.36 dated 28.8.1985 for the period from 1.8.1984 to 31.7.1985 was issued pursuant to the official act regularly performed and whether the court can presume existence of valid issuance of exh.36 upon compliance of the provisions of the bombay money- ..... would be appropriate to quote section 10 of the bombay money-lenders act, 1946, ..... affect (a) suits in respect of loans advanced by a moneylender before the date on which this act comes into force; [(b) the powers of a court of wards, or an official assignee, a receiver, an administrator or a court under the provisions of the presidency-towns insolvency act, 1909 (iii of 1909), or the provincial insolvency act, 1920 (v of 1920) or any other law in force corresponding to that act, or of a liquidator under the companies act, 1956 (i of 1956), to realise the property of a moneylender.] 12. ..... on 5th september, 2005 framed the following substantial .....
Tag this Judgment!Court : Mumbai Nagpur
..... further submits that even otherwise, there can be two competent authorities, one for exercising overall supervision and control for day to day performance of duty of an employee and the other for taking appropriate decisions for taking disciplinary action against that employee and in such a case, the former cannot escape from the liability for payment of compensation by saying that it had no disciplinary authority over ..... 1 to 4 has invited my attention to the definition of the term 'employer' as given in section 2(1)(e) of the workmen's compensation act, 1923 (for short, "wc act') and submitted that since the services of deceased dilip were temporarily transferred to the appellant and were being utilized for a temporary period by the appellant, the relationship of employer and employee or ..... with the latter, anomalous situation might arise, in which case, one authority exercising no day to day control over the performance of duty by an employee and having no say in granting or refusing permission to do an act complained to be tortious, would be made liable for payment of compensation for damage the tortious ..... on 06/7/2005, he was driving one motor vehicle ..... act, criterion for creation of master and servant relationship in case of a person sent on deputation, is of lending or non-lending of his services and not who ..... act and there is no need to look for any other provision showing who was the appointing or disciplinary authority of the deceased, that being irrelevant for deciding a .....
Tag this Judgment!Court : Mumbai Nagpur
..... in jalgaonborough municipality (supra), the division bench while considering the nature of any legal act and whether the same would fall within the category of an act done or purported to have been done in pursuance of the concerned statute observed thus: the acts which would fall within the category of those done or purporting to have been done in pursuance of the act could only be those which were done under a vestige or semblance of authority, or with some show of a ..... similarly, in trustees of port of bombay (supra), it was observed that while considering whether the act is one done or purported to be done under provisions of the statute, the conduct of the public body has to be viewed as a whole including omissions that could be attributed to the exercise ..... in para 4 of the plaint, the respondent has pleaded that the act of encroachment by the appellant was an illegal act and that it had no right, title or interest in the land to ..... taken was that no statutory notice under section 280(1) of the maharashtra zilla parishad and panchayat samitis act, 1961 (for short the act of 1961) was issued by the respondent before filing the suit. ..... discussion, it is clear that the appellant failed to plead and prove that while constructing the primary school building adjacent to khasra no.34/3 which was an act done under provisions of the act of 1961, the same resulted in encroachment to the extent of 0.05.58 hectares. ..... trustees of port of mormugao and another (2005) 4 supreme court cases 613. .....
Tag this Judgment!Court : Mumbai Nagpur
..... these orders came to be challenged before the appellate court by filing appeals under section 26a of the provincial small causes court act and the adjudication therein in so far as the suit has been held to be not maintainable against the respondent no.2 is under challenge. ..... their further case that with the view to get the premises occupied by them vacated, the respondent no.1 initially committed various illegal acts at the behest of respondent no.2 due to which the petitioners could not enjoy the suit premises as tenants. ..... to him, the respondent no.1 herein came to be deleted by the petitioners in the earlier suit on 28-2-2005 and the subsequent suit was filed initially against the respondent no.1 alone. ..... it was further stated that on 29-12-2005 when the access to the property in question was sought to be obstructed, the aforesaid suit came to be ..... the cause of action was based on continuous acts of obstruction by the defendants. ..... no.177/2005 was ..... on 28-2-2005, the petitioners deleted the name of the respondent no.1 herein from the array of ..... preliminary issue with regard to the jurisdiction of the civil court accordingly came to be framed on 3-2-2005. ..... on 30-11-2005, the petitioners filed an application below exhibit-50 seeking permission to withdraw the suit with liberty to approach the competent ..... no.1 herein was deleted from the array of parties 28-2-2005. ..... by the aforesaid, the respondent no.2 herein filed an appeal under section 26a of the provincial small causes court act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... agent' is defined in section 2[c] as under: 2[c] agent when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof. 17. ..... that is stated to be a complete code by the petitioner, then, to allege conflict between them and the mines act, 1952 and that too only in relation to benefit of earned leave, would clearly mean that the petitioner is wriggling ..... for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but for the working of a mine or any part thereof shall be subject to this act in like manner as if he were an owner, but not so as to exempt the owner from any liability. ..... paragraph nos.5 to 7 of the submissions and it is contended that the employee cannot be permitted to chose some of the provisions of the mines act, 1952 as convenient to him and better provisions of the 2010 rules. ..... the opinion that the larger controversy as to whether this rule is in conflict with section 52 of the mines act, 1952 does not arise for determination and consideration. ..... conflict between the 2010 rules and the mines act, in so far as person resigning from the service is concerned, then, the mines act should prevail over the 2010 rules. 10 ..... headquarters, nagpur from 02.05.2005 to 13.09.2006 and was promoted as chief manager at coal india headquarters from 14.09.2006 and .....
Tag this Judgment!Court : Mumbai Nagpur
..... ' is defined in section 2[c] as under: 2[c] agent when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof. 17. ..... that is stated to be a complete code by the petitioner, then, to allege conflict between them and the mines act, 1952 and that too only in relation to benefit of earned leave, would clearly mean that the petitioner is wriggling out ..... for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but for the working of a mine or any part thereof shall be subject to this act in like manner as if he were an owner, but not so as to exempt the owner from any liability. ..... in paragraph nos.5 to 7 of the submissions and it is contended that the employee cannot be permitted to chose some of the provisions of the mines act, 1952 as convenient to him and better provisions of the 2010 rules. ..... the opinion that the larger controversy as to whether this rule is in conflict with section 52 of the mines act, 1952 does not arise for determination and consideration. ..... conflict between the 2010 rules and the mines act, in so far as person resigning from the service is concerned, then, the mines act should prevail over the 2010 rules. 10. ..... headquarters, nagpur from 02.05.2005 to 13.09.2006 and was promoted as chief manager at coal india headquarters from 14.09.2006 and .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned counsel submitted that in view of interpretation given by the hon'ble apex court of the expression 'information', the facts used in the instant case for issuance of notice under section 148 of the act cannot be held as 'information' since it is not the 'information' extrinsic or from elsewhere but from looking to his own order passed by the assessing officer in the proceedings for the subsequent year ..... , since the assessing officer did not find the claim so made by the petitioner acceptable, he conducted further enquiry, recorded statements of some of the witnesses under section 131 of the act, collected certain other necessary information and while doing so it was noticed by him that the names of persons to whom the order procurement charges were paid in a.y. ..... ratanlal lallubhai reported at 112 itr 1978 985 has given the legal position with regard to the meaning of information required by section 147 of the act for reassessment of income which has escaped assessment which is as follows:- (i) "information" must be instructive knowledge concerning a matter bearing on the assessment received after the completion of the original assessment; (ii) the "information" may be as ..... by the petitioner, first about the competence of respondent no.1 to issue the impugned notice and the other that the impugned action is beyond the period of limitation are kept open to be agitated before the appropriate authority. 38. ..... notice in writ petition no.2005/2013 relates to reassessment .....
Tag this Judgment!Court : Mumbai Nagpur
..... the written statement, the respondent nos.1 to 3 took the plea that the jurisdiction of the civil court was barred in view of section 149 of the said act and further that the civil court could not go into various technicalities of the matter. ..... , according to the petitioner, as the remedy of appeal under section 47 of the said act cannot be invoked by him, the only remedy available was to approach the civil court. ..... from aforesaid, it is, therefore, clear that if any notice or order issued under said act by any authority is sought to be challenged before the civil court, then in view of the finality given to such order passed or notice issued, the jurisdiction of the civil court would be ..... commissioner, akola municipal corporation (supra), it was held that despite bar, the civil court had jurisdiction on certain limited grounds namely that the act of issuance of a notice was a nullity or that while issuing such notice, the mandatory provisions of the act in question had not been complied with or that there was an abuse of exercise of power or the act in question had not been done in good faith. ..... he submitted that as the petitioner was not an applicant as contemplated by section 47 of the said act, he was unable to file any appeal challenging the order granting permission to the respondent nos.1 to 3 to undertake ..... bales sardara paracha (supra), notice issued under section 55(1) of the said act for removing the structure in question was challenged by filing civil suit. ..... 2005(3) all mr .....
Tag this Judgment!Court : Mumbai Nagpur
..... in that view of the matter, evidence of complainant ramdas does not find to be convincing to be acted upon to establish that respondent no.1 on 7th of may, 1989 had made any demand of bribe as stated in complaint (exh.45) as said contents are not corroborated by the oral version of complainant while subsequent evidence ..... circumstances, case of prosecution does not appear to be convincing to be acted upon involving both the respondents for the charge framed against them. ..... prosecution against judgment dated 30th of november, 2005 passed by additional sessions judge (special judge), amravati in special (acb) case no.11 of 1991, thereby acquitting respondent no.1/ori.accused no.1 of the offence punishable under section 7, 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 and respondent no.2/org.accused no.2 of the offence punishable under section 12 of the prevention of corruption act, 1988. 2. ..... while invoking the provisions of section 20 of the act, the court is required to consider the explanation offered by the accused, if any, only on the touchstone of preponderance of probability and not on the touchstone of ..... respondents for the offences punishable under sections 7,12, 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 to which they denied in toto. ..... pw 2 mukund nagorao wankhade was instructed to act as a first panch and to remain with the complainant and to watch the transaction and conversation, whatsoever, may take place between .....
Tag this Judgment!Court : Mumbai Nagpur
..... supra), i find that the hon'ble apex court has in no uncertain terms laid down that for considering the grant of bail or otherwise to a person accused of an offence punishable under the provisions of the mcoc act, one of the important criteria is the possibility of committing a similar offence and that this criteria cannot be examined on the touchstone of mere registration of the offences in the past. ..... the provision of denying his right to seek bail, if he was arrested earlier and was on bail for commission of an offence under any other act, suffers from the vice of unreasonable classification by placing in the same class, offences which may have nothing in common with those under mcoca, for the purpose of denying consideration ..... state of maharashtra that for denying relief of bail to a person accused of an offence punishable under the provisions of the mcoc act, not only there should be demonstrated existence of prima facie case, but also should be shown that there is a reasonable possibility of the applicant committing ..... that in this case, hon'ble apex court has held that the offences, which do not look to be common to those under the mcoc act, would not be relevant for the purpose of denying the relief of bail. ..... expression and restriction on the right of seeking bail is not even in consonance with the object sought to be achieved by the act and, therefore, on the face of the provisions this is an excessive restriction. ..... maharashtra and another, reported in air 2005 sc 2277 (1). .....
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