Court : Mumbai Nagpur
..... it was explained thus: keeping in view the scheme of the act, it will not be appropriate either to apply the rule of strict construction or too liberal construction to its provisions. ..... from the acquired land and the fact that most of these sale transactions are not proximate in time with the date of issue of notification u/s 4 of the act in the present case which was published on 11.05.2000 abut 20 to 25 % deduction required to be made from average price of rs.1,82,278/- p.h. ..... courts have to exercise discretion in accordance with the scheme of the act, however, deprivation of livelihood being one of the relevant factors can be a consideration for grant of higher compensation to ensure that injustice is not done. 12. ..... there is evidence of vishnu paradkar, who holds post graduate degree in agriculture and acted as a valuer deposed that out of 5.57 h.r. ..... on 16/11/2005 which shows that in the lands acquired there were two wells and for that the s.l.a.o. ..... fulfillment of the various purposes (projects) to serve the public interest at large, for which the land has been acquired under the provisions of this act by payment of compensation. ..... the act has a unique purpose to achieve i.e. .....
Tag this Judgment!Court : Mumbai Nagpur
..... made by the lower court to the consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived at by any court acting reasonably and judiciously and is, therefore, perverse. ..... 1 of 2005 whereby respondent/accused has been acquitted of the offences punishable under sections 7, 13 (1) (d) read with section 13 (2) of the prevention of corruption act, the appellant-state has preferred the present criminal appeal. 2. ..... feeling aggrieved by the judgment and order dated 7th august 2007 passed by the special judge (under prevention of corruption act), gondia in special criminal case no. ..... 2 sanjay who allegedly acted as pancha, deposed that when he was taking snacks in delhi hotel, accused and complainant went to counter where complainant paid the bill. ..... when pancha witnesses came to the office of acb, their consent was obtained to act as panchas. ..... report was lodged against the accused with gondia (city) police station for the offences punishable under sections 7, 13 (1) (d) read with section 13 (2) of the prevention of corruption act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it was explained thus: keeping in view the scheme of the act, it will not be appropriate either to apply the rule of strict construction or too liberal construction to its provisions. ..... from the acquired land and the fact that most of these sale transactions are not proximate in time with the date of issue of notification u/s 4 of the act in the present case which was published on 11.05.2000 abut 20 to 25 % deduction required to be made from average price of rs.1,82,278/- p.h. ..... courts have to exercise discretion in accordance with the scheme of the act, however, deprivation of livelihood being one of the relevant factors can be a consideration for grant of higher compensation to ensure that injustice is not done. 12. ..... there is evidence of vishnu paradkar, who holds post graduate degree in agriculture and acted as a valuer deposed that out of 5.57 h.r. ..... on 16/11/2005 which shows that in the lands acquired there were two wells and for that the s.l.a.o. ..... fulfillment of the various purposes (projects) to serve the public interest at large, for which the land has been acquired under the provisions of this act by payment of compensation. ..... the act has a unique purpose to achieve i.e. .....
Tag this Judgment!Court : Mumbai Nagpur
..... this court then found that question whether proceedings under section 543 of the companies act can be continued on the strength of judge's summons issued at bombay, needed to be decided and at the request of parties, matter was adjourned ..... burden of proving misfeasance rests on official liquidator and the application/judge's summons therefore must contain detailed narration of specific acts of commission or omission on part of each director and quantify the loss caused to company. ..... the requirement of pleadings and standards in proceedings under section 543 of the companies act is looked into by me in a unreported judgment in company application no.16/1972 in company petition no.5/1996 between official liquidator, high court vrs. ..... madkhalkar, appearing for some members of mohta family in application no.38/2005, seeks discharge of immovable property namely 'marble house' from the ..... for the official liquidator fairly stated that in changed situation, proceedings under section 542 of the companies act may lapse, but, proceedings under section 543 will be required to be decided. ..... these proceedings under section 543 of the companies act are mostly against the deceased directors and their ..... necessary to show that the directors have dishonestly acted or abstained from acting in conflict with their plane duty. ...................... ..... kisanlal and others on 18.11.2005. ..... inspector, sitabuldi police station has submitted his report on 30.03.2005. ..... as per orders of this court dated 18.02.2005, f.i.r. .....
Tag this Judgment!Court : Mumbai Nagpur
..... qadar and others 2005 (1) maharashtra law journal 98. ..... the respondent-original plaintiff claims to be a public trust that is duly registered under the provisions of bombay public trust act, 1950. ..... after obtaining such written permission, the lease can be determined by issuing notice under section 106 of the transfer of property act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the information under the right to information act clearly rejects the certificate. ..... in support of the contention, the petitioner has filed the information received by him under the right to information act that the certificate of dr. ..... 22.04.2004 to 21.03.2005 and was again appointed by order dated 18.01.2006. ..... act, no such certificate was at all issued. ..... act clearly reveals that no such certificate was issued in favour of respondent no.5. ..... act shows that no such certificate, as claimed by dr. .....
Tag this Judgment!Court : Mumbai Nagpur
..... we direct the registry to place the matter before appropriate single judge as per roster assignment. ..... full bench of this court has considered maharashtra scheduled castes, scheduled tribes, denotified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 and maharashtra scheduled tribes (regulation of issuance and verification of) certificate rules, 2003. ..... a special statute, namely, the maharashtra scheduled castes, scheduled tribes, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward classes categories (regulation of issuance and verification) of caste certificates act, 2001 (maharashtra act no.xxiii of 2001) came into force with effect from october 18, 2001. ..... (iii) and the fact that state of madhya pradesh has enacted the 'uchcha nyayalaya (khandpeeth ko appeal) adhiniyam, 2005" which is deemed to have come into force from 1.7.1981. ..... entry 44 or its deletion does not make any difference and as act 23 of 2001 is not mentioned in sub-rule 3, petition challenging adjudication by scrutiny committee must be considered only by the single ..... order is under maharashtra scheduled castes, scheduled tribes, de notified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000, hereinafter referred to as act 23 of 2001 for short. .....
Tag this Judgment!Court : Mumbai Nagpur
..... he contends that discovery of sabbal by accused no.2 under section 27 of the evidence act, cannot be relied upon as no arrest panchnama came to be filed along with charge sheet by p.w.1 -investigating officer ..... he further argues that though arrest of shyama is shown on 12.10.2005, cloths are stated to be seized from his person thereafter and it is alleged that the same were blood stained ..... in these appeals filed under section 374 of the code of criminal procedure, accused nos.1 and 2 in sessions trial no.79 of 2005 question the judgment dated 31.03.2007. ..... accused no.1 then made a statement on 15.10.2005 and accordingly, a memorandum was prepared. ..... sabbal and khatawa on 21.10.2005 and opined that injuries on the deceased could have been caused by any such weapon ..... he denied that on 15.10.2005 accused no.1 - pyarelal did not make any statement and there was no recovery at his ..... prosecution alleges that khatawa used as weapon by accused no.2 - shyama was found lying near dead body while sabbal was recovered under section 27 of the evidence act, from accused no.1 - pyarelal. 4. ..... - suresh bhurya - police inspector has deposed that he arrested both the accused on 12.10.2005. ..... submits that this is consistent with the fact that on 11.10.2005 i.e. ..... date of incident is 11.10.2005. ..... this stage, it is important to note that the blood stained sabbal (iron rod) has been recovered from bushes in which it was hidden by accused no.1 - pyarelal after following procedure under section 27 of the evidence act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the case of ramesh s/o rangnathrao sonawane (cited supra), the petitioner therein was prosecuted under the provisions of prevention of corruption act so also in the departmental proceedings of summary nature under regulation no.90 and he was acquitted in the trial by the special court and, therefore, summary enquiry was found to be ill advised. ..... pandey and another {(2005) 8 scc 264} and other related judgments, in the case of saindranath s/o jagannath jawanjal vs. ..... pandey and another {(2005) 8 scc 264}. ..... in the case of dhanaykumar chitriappa bodale (cited supra), the charge against the petitioner in that case was that he was guilty of causing loss of rs.2,66,121/- to the company because of his acts of dereliction of duties. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the case of ramesh s/o rangnathrao sonawane (cited supra), the petitioner therein was prosecuted under the provisions of prevention of corruption act so also in the departmental proceedings of summary nature under regulation no.90 and he was acquitted in the trial by the special court and, therefore, summary enquiry was found to be ill advised. ..... pandey and another {(2005) 8 scc 264} and other related judgments, in the case of saindranath s/o jagannath jawanjal vs. ..... pandey and another {(2005) 8 scc 264}. ..... in the case of dhanaykumar chitriappa bodale (cited supra), the charge against the petitioner in that case was that he was guilty of causing loss of rs.2,66,121/- to the company because of his acts of dereliction of duties. .....
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