Court : Mumbai Nagpur
..... 1 issued summons to the petitioners calling upon them to remain present for an inquiry that was being conducted under powers conferred by provisions of section 13(a) of the bombay money lenders act, 1946 (for short the said act). ..... in clause 4 of said government resolution it was observed that loans borrowed from unlicensed money lenders were illegal and hence it was not incumbent upon the concerned farmers to repay said loans. 7. ..... the object behind issuing such certificate appears to be to relieve the borrower who has borrowed loan from an unlicensed money lender from repaying such loan. ..... it is further stated that status of the petitioners as money lenders has not yet been decided and nor does the certificate state that the petitioners were indulging in illegal money lending activities. ..... though the learned counsel for the parties submitted that the said act has now been repealed in view of coming into force of maharashtra act viii of 2014 namely the maharashtra money lending (regulation) act, 2014, it is not necessary to go into said issue at this stage in as much as the impugned certificate was issued prior to maharashtra act no. ..... state of maharashtra and others 2006(5) maharashtra law journal 15 and shriram driyaji chopade vs. ..... state of maharashtra ors. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of this case, as noticed in the judgment prepared by brother justice ganguly, show that with a view to frustrate the complaint made by respondent no.1 who alleged that respondent no.2-gokulchand sananda, his family members and some other money lenders were harassing him and other farmers and also to stall the action likely to be initiated by the concerned police authorities under the bombay money lenders act, 1946. ..... the district anti-money lending committee was constituted by the government of maharashtra vide resolution no.mla. ..... if an act of defamation, as contemplated under section 499 of the indian penal code, is committed, section 500 of the penal code provides the punishment for a term of two years or with fine or both under section 500 of the penal code. ..... the court has held that as per section 38 of the specific relief act, an injunction can be granted to prevent the breach of an obligation. 8. ..... a case of defamation or libel is on the complainant or the plaintiff, who has come before the court with such a case and the burden of proof to establish that the case falls under any of the exceptions below section 499 of the indian penal code is upon the person, who commits an alleged act of defamation. 12. ..... shri sangram sirpurkar, the learned counsel for the plaintiff, has relied upon article 21 of the constitution of india to claim a right of privacy read with sub-article (2) of article 19 of the constitution of india and the provision of section 499 of the indian penal code. .....
Tag this Judgment!Court : Mumbai Nagpur
..... defence raised that the sale on 21-4-1979 was hit by section 8 of the maharashtra prevention of fragmentation and consolidation of holdings act and the transaction was money lending without licence and in violation of section 10 of the bombay money lenders act. 7. ..... he deposed that the plaintiff is a money lender and doing the business of money lending and the alleged sale-deed in the name ..... held that in the absence of permission of the district collector, as required by the provision of section 8 of the maharashtra prevention of fragmentation and consolidation of holdings act, 1947, the sale at exhibit 128 is void. 2. ..... to be held that the sale-deed dated 4-7-1978 was hit by section 8 of the maharashtra prevention of fragmentation and consolidation of holdings act. 23. ..... section 8 of the maharashtra prevention of fragmentation and consolidation of holdings act ..... no.2 has established that the sale deed at exh.128 was nominal and by way of collateral security and the said transaction was hit by the provisions of section 8 of the maharashtra prevention of fragmentation and consolidation of holdings act? ..... , once it is held that the entire transaction of sale at exhibit 128 was void, being contrary to the provision of section 8 of the said act, the plaintiff fails to establish his claim for possession of the suit land. 27. ..... finding recorded that the transaction at exhibit 128 is hit by the provision of section 8aa of the bombay prevention of fragmentation and consolidation of holdings act. 15. .....
Tag this Judgment!Court : Mumbai Nagpur
..... being made on 14.5.1985, it is crystal 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 months after ..... he invited my attention to section 10 of the bombay money lenders act, 1946 and rule 5(2) of the bombay money-lenders rules, 1959 and submitted that sub-rule (2) of rule 5 in terms provide for a particular time limit when the application is required to be made and the burden to show that the application ..... section 10 of the bombay money-lenders act, 1946 is a substantive provision providing for a prohibition on a court to pass a decree in favour of money lender who does not have a valid licence, thus, the requirement is solitary, namely, holding of a valid licence when ..... be appropriate to quote section 10 of the bombay money-lenders act, 1946, which reads thus: ..... .1 and 2, it is necessary to reproduce section 9 of the bombay money-lenders act, 1946, which reads thus: 9. ..... he submits, section 10 of the the bomby money lenders act, 1946 speaks of only requirement of licence and nothing more, therefore, even if the licence was actually issued on a posterior date but for the period relevant in question the same would not .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned nyayadhikari concluded that the defendant failed to prove that the suit transaction was money lending transaction and hit by the provisions of the bombay money lenders act. ..... for the petitioner has submitted that as per the provisions of section 13(2) of the gram nyayalayas act, 2008, the pecuniary limits of the gram nyayalaya are required to be specified by the high court in consultation with the state government by notification and in the present case the pecuniary limits of the gram nyayalaya are not specified as required by the provisions of section 13(2) of the gram nyayalayas act, 2008 and therefore, the gram nyayalaya could not have entertained ..... referring to the provisions of section 31 of the gram nyayalayas act, 2008, it is submitted that the proceedings before the gram nyayalaya are to be disposed summarily and referring to section 30 of the gram nyayalayas act, 2008, it is submitted that the provisions of the indian evidence act, 1872 are not applicable to the proceedings before the gram nyayalaya. ..... the learned advocate for the respondent, relying on the provisions of section 9 of the limitation act, has submitted that once the time begins to run, any subsequent disability or inability to institute the civil suit or make an application cannot stop it. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the complaint filed under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 invoking item 9 of schedule iv of the said act, it was alleged that the provisions of the industrial employment (standing orders) act, 1946 [for short, "the employment (standing orders) act"] were applicable to the establishment of the petitioner-market committee and as per the provisions of clause 25(5-a) of the model standing orders framed thereunder, the respondent-complainant was entitled to subsistence allowance ..... hence, the said provisions are reproduced below : "section 2(e) of the industrial employment (standing orders) act, 1946 :"2(e) - "industrial establishment" means - (i) an industrial establishment as defined in clause (ii) of section 2 of the payment of wages act, 1936, (4 of 1936), or (ii) a factory as defined in clause (m) of section 2 of the 5 factories act, 1948 (63 of 1948) or (iii) a railway as defined in clause (iv) of section 2 of the indian railways act, 1890 (9 of 1890); (iv) * * *""section 2(ii) of the payment of wages act, 1936 : "2(ii) - "industrial or other establishments" means any (a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for ..... the object of the employment (standing orders) act is to provide for defining with sufficient precision certain conditions of employment in the industrial establishments in the state of bombay and for certain other matters. .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 3 (13) of bombay industrial relations act, 1946 defines employee as under:"employee" means any person employed to do any skilled or unskilled work for hire or reward in any industry, and includes(a) a person employed by a contractor to do any work for him in the ..... section 28 of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as ulp act ..... basic pay" has been used deliberately there to indicate the fixed portion falling in substantive part of section 3 (39) specified by using the word "means" is only intended to be covered and to ..... clause (14);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under section 42 whether before or after his dismissal, discharge, retrenchment or, as the case may be, termination from employment. ..... 12 scc 433 (oswal petrochemicals vs government of maharashtra) only follows settled law and does not advance ..... other relevant definition is contained in subclause (39) of section 3 and it reads :(39) "wages" means remuneration of all kinds capable of being expressed in terms of money and payable to an employee in respect of his employment or work done in such employment and includes(i) any bonus, allowances (including dearness allowance), reward or additional remuneration;(ii) the value of any house accommodation, .....
Tag this Judgment!Court : Mumbai Nagpur
..... in any case, it is also not just as it appears to be less than even minimum wage for employees like peons, clerks, laboratory attendants and assistants, accountants who may qualify as skilled or unskilled workman/employee under section 2(s) of the industrial disputes act, 1947 or under section 3(13) of the bombay industrial relations act, 1946. ..... our attention is drawn to section 16 of maharashtra employees of private schools [regulation of conditions of service] act 1977, (hereinafter referred to as "the 1977 act" and "1981 rules" framed thereunder) ..... after this judgment, by maharashtra act 30 of 1987 words " or, as the case may be, of management" have been inserted in section 15 with stipulation that said words would be deemed to be always there ..... there the director of education had placed reliance on the circular issued by the government of maharashtra containing governments view that all such appeals stood terminated in the absence of any statutory provision saving ..... hon'ble apex court noticed that under the maharashtra employees of private schools (conditions of service) regulation act, 1977, as per section 3(1) the provisions of the act apply to all private schools, whether receiving any grant-in-aid from the state government or not ..... prejudice and in alternative, he invites attention to gr dated 21st may 2010 to demonstrate that clause 2 therein contemplates application of maharashtra civil services (revised pay) rules, 2009 with suitable changes therein to private schools. .....
Tag this Judgment!Court : Mumbai Nagpur
..... when the said enactment was brought into force, there were only two enactments in force providing machinery for investigation and settlement of industrial disputes one was the bombay industrial relations act, 1946, which is a state legislation; and the other was the industrial disputes act, 1947, which is a central legislation. ..... : provided that every such application shall be made within one year from the date on which the money became due to the employee from the employer: provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate government is satisfied that the applicant ..... of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government or such authority as the appropriate government may specify in this behalf is satisfied that any money is so due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue ..... in the complaint (ulp) no.102 of 2009 filed by the elected representatives under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu and pulp act? .....
Tag this Judgment!Court : Mumbai Nagpur
..... . therefore, it is case of the complainant that the police were duty bound to take cognizance of the offences and ought to have registered the complaint made by the complainant under sections 420, 467, 468, 471 read with section 120-b of the indian penal code and under section 32 (b) of the bombay money lenders act; but, the police had recorded the offence only under section 32 (b) of the bombay money lenders act overlooking other specific allegations made by the complainant in his complaint ..... . the complainant was prosecuted on the basis of misused and forged blank cheques given by way of security to the money lender applicant no.1 prakash jaiswal, who, along with his two brothers ravindra and omprakash indulged in to the offences of cheating, fraud, forgery etc ..... . the loan amount was paid by the money lender by installments and for each installment of money lent, he had insisted from the complainant to give him a cheque as security ..... . 2 mohan and his wife chaya against the applicants on the ground that the complainant had taken the loan about six years back from applicant no.1 rajendra @ prakash ramlal jaiswal (professional money lender) in total sum of rs two lacs with interest payable @10% p.a ..... . he submitted that the rule against double jeopardy stated in t.t antony's case is not attracted in this case as no investigation was done by the police at all in respect of the accusations made by the complainant due to influence of the money lender with the politicians and the police .....
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