Court : Mumbai Aurangabad
..... irbhanji kadu) (nagpur bench) it was held by this court that as the provision of order 43 rule 1(2) of the cpc as amended for this state does not provide for filing of appeal, the appeal is not tenable and so revision needs to be filed. ..... provided in the body of this code or by any law for the time being in force, from no other orders:- (h) an order under any of the provisions of this code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree. ..... provision of order 43 rule 1(r) of the cpc was not made applicable to this state in view of the bombay amendment of 1st october 1983. ..... no.16/2009 which was pending in the court of the civil judge junior division khultabad, district aurangabad ..... by the state amendment care is taken to remove the relevant portion of section 104(1)(i) but due to that it cannot be said that appeal cannot be filed as specifically provided under section 104(1)(h) of the cpc. ..... due to state amendment of some portions of order 43 rule 1 of the cpc, the scope of other provision of section 104, the part like 1(h) cannot be ..... counsel for the petitioner has apprehension that due to the order which this court is making the petitioner may lose the right of appeal as the order was made by the civil court on 26th april 2014. ..... view of this position, this court holds that the present petitioner will be entitled to take benefit of section 14 of the indian limitation act. 8. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... when landlord may recover possession: (1) notwithstanding anything contained in this act but subject to the provisions of section 25, a landlord shall be entitled to recover possession of any premises if the court satisfied - (g) that the premises are reasonably and bona fide required by the landlord for occupation by himself or by any ..... the defendant has brought on record that in one suit filed for injunction in the year 2004 by the defendant the plaintiff had not taken the defence of partition of the house property. ..... 16) the provision of section 16(1)(g) of the maharashtra rent control act, 1999 gives a ground for eviction of the tenant. ..... 23) in the result, the civil revision application is dismissed. ..... in the case reported as 2009 (4) mh.l.j. ..... section 16(2) of the act says something about burden of proof and it runs as under :-- (2) no decree for eviction shall be passed on the ground, specified in clause (g) of sub-section (1), if the court is satisfied that, having regard to all the circumstances of the case ..... in his case the delhi high court has observed that, when document effecting partition needs to be registered under section 17(1)(b) of the registration act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... case of defendant that the permission of authority was required under the prevention of fragmentation and consolidation of holdings act and other defence that chagan was also owner show that he was not ready to complete the sale transaction. ..... 289 the judicial committee of the privy council observed that the principle underlying section 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of ..... apex court has laid down in the case that when there is finding of the trial court on readiness and willingness against the plaintiff in a suit for specific performance, in view of provision of section 100 of civil procedure code, the high court cannot take a different view as it is a decision on question of fact. ..... the appeal is filed against judgment and decree of regular civil suit no.77/1986, which was pending in the court of civil judge, junior division, shripur and against the judgment and decree of regular civil appeal no.151/1996, which was pending in district court, ..... pallaniswami nadar, air 1967 sc 868, in the light of english authorities and section 55 of the contract act and held as under:- "it is not merely because of specification of time at or before which the thing to be done under the contract is promised to be done and default in compliance therewith, that the other party may avoid the ..... for respondent, reliance was placed on case reported as air 2009 supreme court 2193 [ahmmadsahab abdul mulla (d) by l.rs. vs .....
Tag this Judgment!Court : Mumbai Aurangabad
..... on the other hand, the learned counsel appearing for the respondents invited my attention to the relevant rules and in particular rule 129b of the maharashtra civil services (pension) rules, 1982 and submits that once the petitioners have granted pension and taken decision to pay pension, in that case interest should necessarily follow though members of the respondent ..... the phraseology used in rule 129b prior to the amendment reproduced as above indicates that if pension is paid after six months from the date when it became payable and due and if it is established that the delay in payment was attributable to administrative lapses, the interest at ..... the complainants should have arrayed the state government as the respondent in its complaints, which direction was finally issued by this court on 2.12.2009 and thereafter the state government was added as a respondent to this litigation. 41. ..... the maharashtra civil services rules are applicable, the respondent employees could not have approached the industrial court invoking the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the 1971 act'). 7. ..... agp appearing on behalf of the state relies upon the affidavit in reply commonly filed on 20.9.2010 in writ petition no.5373/2009. 24. ..... ultimate responsibility to pay the pension rests on the shoulders of the state, which has been impleaded as a respondent in these petitions under the orders of this court dated 2.12.2009. 8. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... as to the direction in para no.15 in the case of anna manikrao pethe 1997 (3) mh.l.j.697 to frame and decide the preliminary issue first, interalia, "whether the appointment of the concerned teacher was made as per section 5 of the meps act and the rules framed thereunder", even if the said issue is not raised by any of the parties to the appeal, but to frame it suo motu is required to be explained/clarified by us in the light of the doctrine of stare decisis ..... following order: order (i) letters patent appeal no.149 of 2012 is allowed; (ii) the impugned judgment and order dated 1st october, 2009 passed by learned presiding officer of the school tribunal, nashik in appeal no.jal/03/2005; and judgment and order dated 20th september, 2011 passed by learned single judge of this court in wp no.8531 of 2009, are set aside; (iii) in view of order in lpa, ca no.14987 of 2011 for stay does not survive and it is ..... is pertinent to note that as per government resolution dt.13.10.2000 and as per recent amendment made in meps act, 1977, appointment of a shikshan sevak shall be for a period of three years ..... 17) in the instant case, the only defence of the management in the written statement was, that the education officer did not grant approval to the appointment of the appellant in the school because she ..... " 13) under the civil jurisprudence in the adversary litigation, a court of law is required to decide the issues or the disputes arising between the parties and as projected by the parties before .....
Tag this Judgment!Court : Mumbai Aurangabad
..... company in a case of this nature is not extended to a pillion-rider of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk; (ii) the legal obligation arising under section 147 of the act cannot be extended to an injury or death of the owner of vehicle or the pillion-rider; (iii) the pillion-rider on a two-wheeler can not be treated as a third party when the accident has taken place owing to ..... only it needs to be observed that in the particulars which are required to be given as per the form prepared under maharashtra motor vehicle rules, under the act, the particulars were correctly supplied and it was contended in the clause nos.6 and 7 of the particulars that laxman was riding the motorcycle and he caused the ..... the apex court has discussed the relevant provision, section 147 of the act and the relevant observations are made at paragraph no.25 which are as under ..... it is there alternative defence that if owner of the vehicle is held responsible to pay the compensation, the insurance company needs to indemnify the owner ..... of the ratio laid down in the case reported as (2009) 6 scc 121 [sarla verma vs. ..... with civil application no.4059/2014 filed in this court, the owner has filed the first page of service book of the deceased showing the date of birth of deceased as ..... (v) civil application no.352/2014 filed by the original claimants for permission to withdraw the amount ..... (iv) civil application filed for production of document bearing no.4059/2014 is .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and includes any person who is mutawalli of a waqf by virtue of any custom or who is/naib-mutawalli, khadim, mujawar, sajjadanashin, amin, or other person appointed by a mutawalli to perform the duties of a mutawalli and, save otherwise provided in this act, any person or committee or corporation for the time being managing or administering any waqf or waqf property : provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or ..... (v) the property belongs to religious institution, dargah and so, the provisions of inam abolition act and also the tenancy act could not have been applied to the suit property and so, there are no rights in a suit property for defendant ..... in the matter like present one, when the property is registered under the trust act, and it is shown that the property was to be used for benefit of dargah, then inference becomes easy that the property is waqf. ..... the definitions given of aforesaid three terms are compared with the definitions given in the waqf act of 1995, it can be said that for the present purpose, the definitions are similar. ..... the plaintiff had filed written arguments before the chief officer, but she did not produce the record to substantiate her defence. ..... had prayed for relief of declaration that order of chief officer is null and void with prayer to quash the order of chief executive officer dated 6.3.2009. ..... 64/2009, which was pending before the waqf tribunal, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is not entitled to presume that any and every person who is proved to have been present near a ritous mob at any time or to have joined or left it at any stage during its activities is in law guilty of every act committed by it from the beginning to the end, or that each member of such a crowd must from the beginning have anticipated and contemplated the nature of the illegal activities in which the assembly would subsequently indulge. ..... thus, it is clear from the observations of the apex court, in the rulings cited supra, that though from the evidence of the prosecution witnesses it is established that the act of the individual is in furtherance of the common object of the unlawful assembly, which were unidentified by the witnesses, yet the assailants to be convicted for the principal offence read with 149 of the indian ..... procedure code, speak for framing of charge and particulars of the charge, it is mandated that the charge must specific, by the way the prosecution must know what they have to prove and the defence must know what they have to defend. ..... it is urged by learned counsel for appellant sambhaji in criminal appeal no.406/2009 that only pw1 janakibai has deposed against appellant sambhaji and her version in respect of this appellant is not supported by the evidence of other ..... became unconscious and was taken to civil hospital, nanded where he regained consciousness ..... govind were referred to rural hospital, basmthnagar from where they were taken to civil hospital, nanded. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... municipal council after carrying out survey of the lands within its jurisdiction in terms of section 25, proceeded under section 26(1) of the 1966 act, by a notice published in gazette on 03.09.1998 invited objections and suggestions to the draft development proposals for area already within its jurisdiction as also for fresh development plan about the added new area. ..... accordingly, on 2.1.2002, the state government sanctioned the draft development plan submitted by municipal council, latur under section 31 (1) of the 1966 act as final revised development plan of old municipal limit and extended area of latur and fixed 18.02.2002 as the date for its coming into force. 3. ..... dixit, learned senior counsel appearing on behalf of petitioner chandrashekhar in writ petition no.503/2009 has adopted part of the arguments of shri dhorde, learned senior counsel. ..... this period of two months stipulated therein is allowed to be extended by amendment on 18.03.2014. ..... ceiling of one year on such extension has been imposed for the first time on 18.03.2014 by amending section 25. ..... this period has now been amended to 60 days. ..... petitioner was required to file regular civil suit no.130/1984, as his father was trying to interfere in his possession, and that suit was compromised between the parties. ..... amendment added on 18.03.2014 allows such an extension of period not exceeding 12 months in case of municipal corporation and 6 months in any other case. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the insurance company took the defence that there was beach of condition of policy. ..... civil application no.12521 of 2009 is disposed of. ..... thus, there was breach of condition of policy in view of provisions of section 149 of motor vehicles act and it was proved. 8. ..... the claim was made under section 163-a of motor vehicles act 1988. 4. ..... act, it was necessary for the insurance company first to pay compensation to the claimants and then it could have been allowed to recover from the owner, if there was breach of condition of policy. .....
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