Court : Mumbai Nagpur
..... in view of the decision of the apex court in the case of bhagwan das, cited supra, wherein it has been held that section 5 of the limitation act cannot be invoked for extension of the period of limitation prescribed under the proviso to section 18(2) of the said act and the collector cannot entertain any application for extension nor extend the bar for seeking the reference, even if there are genuine or bona ..... knowledge to prove that he or his representative was not present when the award was made, that he did not receive any notice under section 12(2) of the land acquisition act, and that he did not have the knowledge of the contents of the award during the period of six months prior to filing of the application for reference. ..... onus is on him to prove that he (or his representative) was not present when the award was made, that he did not receive any notice under section 12(2) of the act, and that he did not have the knowledge of the contents of the award during a period of six months prior to filing the application for reference. ..... india, the apex court in para 8 of the aforesaid judgment holds that the second proviso says that even where a law makes any provision for acquisition by the state of any estate and thus falls within one of the categories specified in article 31a, it would not qualify for immunity under the provisions of that article, if it seeks to acquire any portion of the land ..... the case of the appellant before the apex court fell under the later part of clause (b) of .....
Tag this Judgment!Court : Mumbai Nagpur
..... shall take into account the relative strength of the recognized parties or registered parties or groups and nominate members, as nearly as may be in proportion to the strength of such parties or groups in the corporation ..... of the following committees, except where it is provided by this act, that the appointment of a councillor to any committee shall be by virtue of his holding any office, appointment of councillors to these committees, whether in regular or casual vacancies, shall be made by the corporation by nominating councillors in accordance with the provisions of sub-section(2) : (a) standing committee; (b) transport committee; (c) any special committee appointed under section 30; (d) any ad hoc committee appointed under section 31; (2) in nominating the councillors on the committee, the corporation ..... according to him, the remedy under section 451 of the act, 1949 is not an alternate remedy and an absolute bar as held by this court in 2012(4) ..... grant of one seat to the petitioners and said proposal of municipal secretary in his office note appears to be in consonance with the proviso to section 31a(2) of the act, 1949. 33. .....
Tag this Judgment!Court : Mumbai Nagpur
..... nagpur municipal corporation vide notice dated 26.10.2010 under section 37 of maharashtra recognition of trade practices act, 1966, (hereinafter referred to as 1966 act) by seeking deletion of reservation for primary school and secondary school and to add the land thereof to playground is legal and valid. ..... playground by deleting reservation of primary school and secondary school and for that purpose to seek minor modification in final development plan as per section 37 of act of 1966, could not succeed. ..... therefore, only planning authority had proposed minor modifications under section 37 of act of 1966 by deleting reservation for school by adding said land ..... counsel states that in this situation, merely because another person is not elected as chairman under section 16(1)(d) of nit act, that by itself is not sufficient to vitiate the resolution dated 07.01.2011. 17. ..... in the petition was to have entire ground for playground without any reservation for school and this was after nagpur municipal corporation passed a resolution to propose modification under section 37 of act of 1966 for this purpose. ..... 3 on record and vide affidavit dated 10.08.2011 and declaration that proposal for minor modification of development plan initiated under section 37 of 1966 act is dropped, has not been questioned in any way though thereafter ..... question is whether planning authority in the light of provisions of section 31(6) of act of 1966 can alter the area of land under reservation and whether respondent no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it reiterated the well-known preconditions for the operation of the doctrine: (1) a clear and unequivocal promise knowing and intending that it would be acted upon by the promisee; (2) such acting upon the promise by the promisee so that it would be inequitable to allow the promisor to go back on the promise. 29. ..... on nature of contract and need of filing a civil suit, he invites attention to the provisions of section 58(6) of the maharashtra irrigation act, 1976, (xxxviii of 1976) and submits that water is made available to the petitioner under that provision. ..... it was held that irrespective of the nature of power wielded the government is bound to wield that power provided it possessed such power and has promised to do so knowing and intending that the promisee would act on such promise and the promisee has done so: (godfrey philips india ltd. ..... it is true that the old distinction between judicial act and administrative act has withered away and the principles of natural justice are now applied even to administrative orders which involve civil consequences, as held by this court in state of orissa v. ..... is another authority for the proposition that the state government has to act reasonably and without arbitrariness even with regard to the exercise of its contractual rights. ..... even in an area of contractual relations, the state and its instrumentalities are enjoined with the obligations to act with fairness and in doing so, can take into consideration only the relevant materials. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in that context while considering the provisions of section 213 of the said act and the situation where probate proceedings have been filed at a place not covered by section 213 of the said act, in para 5 of the said judgment it was observed thus: 5. ..... in the said application it was stated that in view of the provisions of section 213 of the said act, the proceedings itself were not competent and that the requirements of section 57 of the said act were not satisfied. ..... it was then submitted that even if it was not necessary for executor to establish his right under section 213 of the said act, once the proceedings for grant of probate had been filed and the same became contentious the proceedings were required to be decided by following the procedure prescribed by section 295 of the said act. ..... he referred to the provisions of section 264(2) of the said act and submitted that no notification had been issued by the state government conferring jurisdiction on the district judge to grant or revoke probate in nagpur district. ..... the appellant's counsel then contended that section 213 of the succession act which requires an executor to obtain probate before establishing his claim under the will was not applicable outside the presidency towns of calcutta, madras and bombay. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the provisions of section 49 of the prohibition act are noticed by the said division bench to conclude that the petitioner before it has to pay license fee and therefore, action of respondent in calling upon petitioner to pay it was ..... further points out that though there is mention of this order that the petitioner can file an appeal under section 137[2] of the prohibition act within 90 days, during the pendency of writ petition no. ..... pleader contends that there is no review undertaken by any authority in the matter and the provisions of prohibition act read with maharashtra country liquor rules are being rightly implemented.13. ..... said shop was required to be closed down because of the complaint made and orders under section 142 of the prohibition act. ..... his contention is, there is no power to review under the prohibition act, and hence all subsequent orders calling upon the petitioner to pay arrears of license fee for period of four years are without ..... petitioner contends that lapsing of license is concept unknown in prohibition act and when recovery of alleged arrears is stayed by this court in writ petition ..... learned counsel states that the department itself has been following this policy and he invites attention to the order passed by the hon'ble minister for state excise, in proceedings under section 138 in case no. ..... case of government, waiver will have to be demonstrated by a conscious act with full knowledge of its consequences and by an authority competent to bind government.19. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 'ble apex court has noted that much could have been said about the manner in which the joint charity commissioner disposed of the application under section 36 of the bombay public trust act, just before his retirement, but then it was not sufficient to set at naught sanction accorded by him, particularly when construction of building was ..... ), in 1988, a public interest litigation was filed by the first respondent herein, inter alia, on the ground that the impugned alienation dated 19.06.1985 was against public policy and, thus, illegal and void having regard to the fact that neither was any public auction held therefor nor was any tender called for; nor was any public advertisement for sale of the said land ..... was given by the state government, hon'ble court notes that it was necessary for it to act under section 37 (1aa), and to publish a notice in the official gazette to invite objections and suggestions from the public at large, and also from the persons affected by the proposed modification. ..... it is important to note that there was a specific plea in paragraph 10 of writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls ..... 195 and shrirampur .....
Tag this Judgment!Court : Mumbai Nagpur
..... from what has been held above, it is apparent that it is a case of failure to plead material facts of nondisclosure of information in column (5)(i) and (ii) of the affidavit in form no.26 delivered under section 33-a(1)(i) and (2) of the said act that prior to the date of delivery of nomination paper under section 33 of the said act (i) a charge was framed against the respondent no.1 in a case pending in respect of any offence punishable with imprisonment for a period of two years or more, or (ii) he was an accused in ..... not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:-- articles 84, 102, 173 and 191, part ii of this act and sections 4 and 14 of the government of union territories act, 1963 (20 of 1963); or (b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or (c) that the signature of the candidate or the proposer on the nomination paper is not genuine. ..... position, which emerges from the decision of the apex court, cited supra, can be summarized as under : (i) the object and purpose of introducing section 33a of the representation of the people act, 1951 calling information in form no.26 on affidavit under rule 4a of the conduct of election rules is to effectuate the fundamental right of freedom of speech and expression, as granted to the voters under article 19(1)(a) of the constitution of india, to know the criminal antecedents of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is submitted that fir under section 65[1] [x] read with section 77[a] of the prohibition act, sections 26 and 41 of indian penal code and sections 4 and 25 of the arms act, has been registered vide fir no.6343/2012 against the petitioner and other persons in relation to the trap ..... submits that at the instance of police authorities, fir no.7314/2012 under sections 65[a] [e], 77[a] of prohibition act and section 3/1[1], 51, 181,11, 177 and 184 of motor vehicles act came to be registered against the persons who were found transporting the liquor ..... whose license permit, pass or authorization is liable to be canceled or, suspended under the provisions of this act or who is reasonably suspected of having committed an offence under section 10[69, 70, 77, 82 or] 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases inn which any property other than the intoxicant, hemp, mhowa flowers or molasses has ..... officer duly empowered in this behalf by the state government or any police officer may section 123: arrest of offenders and seizure of contraband articles (1) any prohibition officer authorized by the [state] government in this behalf or any police officer may (a) arrest without warrant any person whom he has reason to believe to be guilty of an offence under this act: (b) seize, and detain any intoxicant hemp, mhowra flowers or molasses or other articles which he has .....
Tag this Judgment!Court : Mumbai Nagpur
..... in this background, he has contended that new offence or disability/disqualification, envisaged under section 10 and section 11 of the act no.23 of 2001 cannot have any application in present facts, as both the petitioners had obtained their caste certificates ..... assam,(supra), the hon'ble apex court has noted that charge under section 3(5) of terrorist and disruptive activities (prevention) act, 1987 was framed against the appellant in respect of occurrence in september 1991 and thus said charge and its framing was inherently defective. 19. ..... the phraseology 'false caste certificate' or 'a certificate obtained fraudulently' used in section 7 of the act cannot and does not cover bonafide cases where a claimant fails to establish his caste ..... upon conjoint reading of sections 6(2) and 7(1) of maharashtra act no.xxiii of 2001, it becomes very clear that the caste certificate is cancelled and confiscated when the scrutiny committee is of the opinion that the certificate has been obtained fraudulently by ..... under sub-section (1) of section 7, the scrutiny committee is empowered suo motu or otherwise to enter into the correctness of the certificate where before or after commencement of the act, a person not belonging to a reserved category has obtained a false caste certificate of belonging to a scheduled caste, scheduled tribe, de-notified tribe (vimukta jatis) nomadic tribe, other backward class or special backward category and the committee is of the opinion that the certificate was .....
Tag this Judgment!