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Judgment Search Results Home > Cases Phrase: bombay local fund audit act 1930 maharashtra section 5 accounts to be submitted for audit at such period or periods as may be required Court: mumbai aurangabad

Dec 10 2013 (HC)

Court : Mumbai Aurangabad

..... section 13(4) of the sarfaesi act reads as under :- in case the borrower fails to discharge his liability in full within the period specified in subsection (2), the secured creditor may take recourse to one or more of the following measures to recover his secured debt, namely :- (a) take possession of the secured assets of the borrower including the right to transfer by way of lease, assignment or sale for realizing the secured asset; (b) take over the management of the business of the borrower including the right ..... another related question requiring determination is as to whether on account of the pendency of the writ petition filed by another party without impleading the affected person as a party in which the stay order granted by the court, such person can be directed to forfeit a part of the security amount deposited by him particularly when the court itself found that even the equities were equally balanced between the state and such person. 50. ..... state of maharashtra and others), d) 2010(2) banker's journal 277 bombay high court division bench (anand jayant more vs. ..... 24/06/2013 - the petitioner, once again, submitted its letter dated 24/06/2013, reiterating the contents of the earlier letter and requesting for the return of the deposited amount with interest ..... 20/02/2013 - the petitioner communicated to respondent no.2 seeking some documents so as to enable the petitioner to approach financial institutions for aid in order to generate funds and deposit rest of the 75% amount. .....

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Feb 20 2014 (HC)

Jaishri and Others Vs. State of Maharashtra, Through Its Secretary, Ur ...

Court : Mumbai Aurangabad

..... and which states that, where the population of any urban area in respect of which there is an existing council constituted under the provisions of the maharashtra municipal councils nagar panchayats and industrial townships act, as per the latest census figures has exceeded 3 lakhs, the state government may, for the purposes of constituting a corporation under this act for such urban area, may issue a notification within the meaning of section 3 and in doing so, it can dispense with the condition of previous publication. ..... it is submitted by shri talekar that even otherwise, the requirement of section 3 of the bombay provincial municipal corporations act has not been fulfilled because there isno previous publication in the official gazette ..... official gazette : (a) alter the limits of a municipal area so as to include therein or to exclude therefrom such local area as may be specified in the notification; (b) amalgamate two or more municipal areas so as to form one municipal area; (c) split up any municipal area into two or more municipal areas; (d) declare that the whole of any local area comprising a municipal area shall, cease to be a municipal area; provided that, no such notification shall be issued by the state government under any of the clauses of this subsection ..... in the opinion of the high court, the notifications dated 16102001 appointed a period of 60 days for preferring objections against the proposed constitution of a municipal corporation in place of a municipal .....

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Apr 18 2015 (HC)

Gnyanoba Tejrao Hake Vs. The State of Maharashtra, Through its Secreta ...

Court : Mumbai Aurangabad

..... he was orally told that, one crime was registered against the petitioner under section 12-a of the bombay prevention of gambling act and at the time of submitting the application, which was in prescribed form in the column. ..... it is further stated that, the maharashtra administration tribunal has given sufficient and cogent reasons for rejecting the original application of the petitioner, therefore, petition may be dismissed. 11. ..... since the appointment letter of the petitioner stipulated conditions, and it was communicated that on breach of such conditions, services of the petitioner will be terminated, there is no substance in the contention of the learned counsel appearing for the petitioner that, the departmental enquiry should have been conducted by the respondents. ..... there is considerable force in the argument of the learned agp that, since the appointment order was on certain condition, on breach of condition, no reasons were required nor notice was contemplated before terminating the services. ..... we have independently considered the case of the petitioner in the light of the material placed on record, it is evident from the perusal of the averments in the affidavit in reply filed on behalf of the respondents that, probation period of the petitioner was for 3 years and before expiry of the said period, services of the petitioner were terminated. .....

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Nov 20 2014 (HC)

Padmavati Oils (India) Ltd. and Another Vs. State of Maharashtra and O ...

Court : Mumbai Aurangabad

..... name, address and particulars have been disclosed under section 14-a, forward, in such manner as may be prescribed, a copy of the report of the result of the analysis to such person or persons, as the case may be, informing such person or persons that if it is so desired, either or both of them may make an application to the court within a period of ten days from the date of receipt of the copy of the report to get the sample of the article of food kept by the local (health) authority analysed by the central food laboratory ..... in the first two proceedings, the contention of the applicant is that due to delay caused in filing the complaint, which was filed apparently after the shelf life period of the food article, there was no opportunity to the applicants to send second sample for analysis as provided under section 13 of the act. ..... 229] by bombay high court [state of maharashtra vs. ..... thus, in such a case, the prosecution is required to make out the case of contravention of some provisions of sections of the act, rules and if, there is such contravention, the court is not expected to quash the proceeding. ..... it was submitted that it needs to be presumed that the sample had become unfit for testing. 12) .......... 13) .......... .....

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Sep 28 2016 (HC)

Suresh and Another Vs. State of Maharashtra Through P.S. City Chowk an ...

Court : Mumbai Aurangabad

..... section 32 of the mpt act, it is mandatory for the registered trust to maintain accounts and its audit along with balance sheet of each year on 31st march and it is required to be submitted to the office of the charity commissioner as prescribed under section 33 of the mpt act ..... that the property purchased to the extent of 11 hector in the name of the applicant suresh puri is purchased from the funds deposited by the members of vasantrao naik institute for tribal development, and the said property is not shown as trust property and kept it in the name of rural construction ..... audits of the accounts and also enquiry contemplated under the provisions of the maharashtra cooperative societies act and said act is self contained code made for ..... use or dispose of that property or wilfully suffer any other person to do so; (c) that such misappropriation, conversion, use or disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the discharge ..... view that in a given set of facts may make out a civil wrong as also a criminal offence and only because a civil remedy may also be available to informant / complainant that ..... application under section 59a (2) of the mpt act before the learned charity commissioner, bombay, by way of amalgamation of vasantrao naik institute for tribal ..... sections 66a and 67 of the mpt act and directed to submit the final report within statutory period .....

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Oct 24 2013 (HC)

Mahila Vikas Mandal, Aurangabad and Others Vs. the State of Maharashtr ...

Court : Mumbai Aurangabad

..... section (1) are not available in sufficient numbers, the central government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period not exceeding five years, as may be specified in that notification: provided that a teacher who, at the commencement of this act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period ..... submitted by the committee, the state has taken a decision to issue following 17 directions: hindi 7 the petitioners contend that directives contained in the government resolution are contrary to the provisions of (i) right of children to free and compulsory education act, 2009 (for short, the rte act ) and the rules framed by the state of maharashtra thereunder; (ii) bombay primary education act, 1947 and the rules framed thereunder; (iii) maharashtra employees of private schools (conditions of service) regulation act ..... on account of derecognition and who are not directly responsible for such derecognition, ..... for the purposes of education and skill development; (e) that the school is open to inspection by any officer authorized by the state government or the local authority; (f) that the school furnishes such reports and information as may be required by the director of education or district education officer from time to time and complies with such instructions of the state government or the local authority, as may .....

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Aug 22 2013 (HC)

Syed Kausar Shah S/O Mansoor Shah Vs. Syed Gous Ahmed Shah S/O Syed Ma ...

Court : Mumbai Aurangabad

..... submitted that, it is clear from section 5 of the hyderabad atiyat inquiries act, 1952 that, a person aggrieved can file proceedings or suo moto authority can exercise the powers regarding breach of conditions contained in any muntakhab or vasiqa relating to an atiyat grant or for other sufficient cause, the government after giving an opportunity to the holder of atiyat grant to be heard, may by order resume the grant or modify the terms and conditions specified in any muntakhab or vaisqa relating thereto or pass such ..... being aggrieved by the said judgment and order passed by the presiding officer, maharashtra wakf tribunal, aurangabad, this civil revision application is filed by the original defendant no.1. ..... as rules framed and in particular rule 12(1) of the hyderabad atiyat inquiries act, 1952, requires that, the court may for sufficient cause condone the delay in the submission of a claim. ..... it is further case of the plaintiff that, there is no provision that, a case already decided can be reopened after period of 30 years and that too, by officer of the same rank. ..... the learned counsel appearing for the plaintiff further pressed into service reported judgment of the bombay high court in the case of mohd. ..... it has also come on record that, the defendant no.1 was mismanaging and misappropriating the income and has not paid wakf fund, therefore, the plaintiff has cancelled the g.p.a. .....

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Oct 04 2011 (HC)

Sau. Ashabai Wife of Sopan Bhate Vs. Raosaheb Son of Dadarao Nirmal

Court : Mumbai Aurangabad

..... coming to the second point involved in this petition, it would be appropriate to quote section 33(5) of the bombay village panchayats act, 1958, which reads as under: "section 33 (5):- in the event of a dispute arising as to the validity of the election of a sarpanch or upa-sarpanch under sub-section (1) the officer presiding over such meeting or any member may, within fifteen days from the date of the election, refer the dispute to the collector for decision. ..... therefore, there was a power entrusted with the district court wherein the petitioner challenged election under the maharashtra municipalities act to declare petitioner or any other candidate elected in case it is found that he has received sufficient number of valid votes. ..... salunke, learned counsel appearing for respondent no.5, submits that in the light of the provisions of the act of 1958 and the rules of 1964 the fact that two votes, which were held to be invalid were not counted and thereafter it was declared that respondent no.5 had polled more votes and therefore he was ..... perusal of provisions of the other local enactments governing elections to municipal council, election under the representation of the people act, 1951 shows that they cannot be compared with the provisions of the act of 1958 in respect of the reliefs which could be sought and granted in such situations. ..... there is no requirement of law that the candidate should get 2/3rd votes for the purpose of being declared as sarpanch. .....

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Oct 04 2013 (HC)

Nahidabano W/O. Ferozkhan Pathan Vs. Divisional Commissioner, Aurangab ...

Court : Mumbai Aurangabad

..... apex court points out the jewitt's dictionary of english law, where it is observed that anything which tends or may be regarded as tending to cause such a person to decide a case otherwise than on evidence must be held to be biased on not taking objection before the minister and explanation of writ petitioner, ..... also takes note of affidavit dated 4.1.2012 filed by ayyubkhan jabbarkhan in her support and of geneology on affidavit submitted by said ayyubkhan on 2.2.2010 for obtaining validity, wherein he mentions himself as brother of her husband. ..... has cited some judgments in an attempt to show that provisions of rule 17 (11) and notice in form 25 only are not mandatory requirements and noncompliance with it, by itself, is not sufficient to vitiate the order of the scrutiny committee. ..... exercise to determine the correctness of the caste claim has been undertaken by the respondent 2 committee under the provisions of 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 certificates act, 2000 (act no. ..... all these judgments are on provisions of the bombay village panchayat act,1958 and no confidence motion against the sarpancha or the up- ..... violations of principles of natural justice on account of bias on part of members of the ..... patil jamalpurkar for the petitioner, upon instructions, seeks continuation of interim order for a period of six .....

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Mar 31 2011 (HC)

Shrirampur Municipal Council Vs. Shri V.K. Barde and ors.

Court : Mumbai Aurangabad

..... local body constituted under the maharashtra municipal councils, nagar panchayats & industrial townships act, 1965 ( hereinafter referred to as 1965 act ..... measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, ..... denude the industrial and labour courts of their statutory power under section 30 read with section 32 of the mrtu and pulp act to order permanency of the workers who have been victims of unfair ..... for regularization of its members merely because they have been working for bro for a considerable period of time cannot be granted in light of several decisions of this court, wherein it has been consistently held that casual employment terminates when the same is discontinued, and merely because a temporary or casual worker has been engaged beyond the period ..... after noting the submission of respective counsel for parties ordered that as per chapter xvii rule 18 clause 9 of the bombay high court appellate side rules,1960 matters ..... for the respondent submitted ..... for development work or towards rendering service is therefore within province of state, provided it applies those accounting ..... such long service for number of years by itself may not lead to conclusion that such ..... and to spend from its own funds which adversely affected its development .....

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