Court : Mumbai Nagpur
..... any of them, after coming into force of the prenatal diagnostic techniques (regulation and prevention of misuse) amendment act, 2002 (hereinafter referred to as amendment act) unless it is registered under 1994 act. the emphasis, therefore, is again not only on medical practitioner and on genetic counselling centre, genetic ..... sex of foetus to any genetic counselling centre, genetic laboratory, genetic clinic or any other person , not registered under the 1994 act. section 4 then prohibits use of an unregistered places for undertaking prenatal diagnostic techniques. section 18 prohibits a person from opening any ..... laboratory or genetic clinics. the parliament has mandated that such machines capable of being used for sex determination cannot be made available to or used by anybody at places not registered under the 1994 act .....
Tag this Judgment!Court : Mumbai Nagpur
..... the offending motor vehicle concerned with the accident in question.4. learned counsel for the appellant referred to new india assurance co. ltd. vs. diwakar reported in 2007 acj 215 (bom), in which it was held that the insurance co. is not statutorily required to insure passengers traveling in the goods vehicle and is also ..... to satisfy the award and then to recover the amount along with amount of no fault liability from the insured by filing execution proceedings as contemplated under the act and after obtaining necessary certificate, if necessary, from the collector concerned to enforce the recovery as arrears of land revenue. hence, no ground is made out ..... . (cited supra). the apex court, while recording summary of findings in para 110, appears to have concluded thus : " where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149 (2) r/w. sub-section (7), .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the compensation. it is provided in the statement of objects and reasons that considering that the right of reference to the civil court under section 18 of the act is not usually taken advantage of by inarticulate and poor people and is usually exercised only by comparatively affluent land owners and that this causes considerable inequality in the payment ..... states that in one of the cases, viz., l.a.c no.73 of 2004, the learned ad-hoc district judge-i, by the judgment dated 3rd march 2007 had awarded the compensation at the rate of rs.1,50,000/- per hectare in respect of gat no.111. he further states that as he was not having the ..... out of whom eight made applications under section 18 and obtained compensation in terms of the award of the reference court. one land holder invoked section 28a of the act and was granted compensation in terms thereof. the petitioner neither sought a reference under section 18 nor made an application under section 28a within the specified time limit. in .....
Tag this Judgment!Court : Mumbai Nagpur
..... the same society or qua a federal society if the said society is a member of the concerned federal society. after amendment, this provision now stands re-numbered as section 73ca (1) (vi) in the said act. 12.in the light of the aforesaid law laid down by the division bench, it is clear that the provisions of ..... resolution for shifting of the branch, it could not be said that the petitioner had attracted disqualification under the provisions of section 73ca (1) (vi) of the said act. the divisional joint registrar accepted the aforesaid report and by order dated 11th may, 2015, dismissed the application for disqualification. 6.the respondent no.5, being aggrieved, filed ..... section 73ca (1) (vi), after its amendment, intend to prevent any conflict between interest and duty. the said disqualification is intended to .....
Tag this Judgment!Court : Mumbai Nagpur
..... rules, 1981 and who continues to be in service in any school on the date of commencement of the maharashtra employees of private schools (conditions of service ( (amendment) rules, 1984, shall be continued in service on the condition that he obtains the prescribed training qualifications at his own cost before 1st june, 1987, unless he ..... of his initial appointment. 3. shri jibhkate, the learned counsel appearing for the petitioner-employee relying upon the decision of this court in w.p. no. 1727/2007 (shri sant gajanan maharaj bahuuddesihya shikshan prasarak mandal and another vrs. devendra bhagwani matode and others), decided on 08.10.2008; decision in case of dr. s. ..... removed or his services shall not be otherwise terminated and he shall not be reduced in rank by the management except in accordance with the provisions of the act and the rules made in that behalf. rule 28 which deals with the termination of services of temporary employee is reproduced below; 28. removal or termination .....
Tag this Judgment!Court : Mumbai Nagpur
..... bonus of the employees. the industrial court has directed the petitioner-employer to pay the difference of bonus for the years 2006-2007 and 2007-08 as per the provisions of the amended section 12 of the payment of bonus act, 1965 on the basis of monthly salary or wages of rs.3,500/- instead of rs.2,500/, after deducting the ..... at the rate of 20% needs to be calculated on the basis of salary or wages of rs.3,500/- per mensem, as per the amendment to section 12 of the said act with effect from 1-4-2006, it is necessary to look into the availability of allocable surplus with the employer for the relevant accounting years. according ..... industrial dispute? only. subsequently, the concept of unfair labour practice? is also introduced by way of an amendment by act no.46 of 1982 with effect from 2181984 under the industrial disputes act. this, however, does not mean that if an act complained of amounts to unfair labour practice?, the same cannot be decided under the provisions of the mrtu and .....
Tag this Judgment!Court : Mumbai Nagpur
..... scheme under mrtp would come to halt and public interest would suffer. the provisions introduced by 1984 amendment to land acquisition act, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the land acquisition act are read into acquisition controlled by the provisions of chapter vii of the mrtp act, but, with ..... , jj.) on 10.08. 2011 after observing the views reached by the division benches in 2005 (1) mh.l.j. 718 (ranjan manubhai doctor .vs. state of maharashtra and ors.), 2007 (6) bom c.r. 520 - (prafulla c. dave and ors. .vs. municipal commissioner and ors), 2003 (3) all mr 433 (baburao dhondiba solakhe .vs. kolhapur municipal corporation) ..... no. s-169 came to be shown as reserved for shopping complex and vegetable market. petitioners learnt about it and raised objections to it on 27.12.2007 and 7.1.2008. notices of hearing dated 3.6.2009 and 4.6.2009 issued by respondent no.4 and hearing on 11th and 12th june, 2009 .....
Tag this Judgment!Court : Mumbai Nagpur
..... , the portion starting from the words, "but it is mentioned therein..... to the last line ending with the words, "....and illogical interpretation" are permitted to be deleted. amendment to be carried out forthwith. 3. heard. 4. rule. rule made returnable forthwith. heard finally by consent. 5. the whole crux of the issue involved in this ..... the court within whose territorial jurisdiction the drawee bank has dishonoured the cheque which has jurisdiction to deal with the complaint filed under section 138 of the negotiable instruments act. 6. according to learned counsel for the petitioner, the concept of the drawee bank has been enlarged after the advent of real time gross settlement (rtgs) ..... it would then follow that when funds are not transferred for the reason of insufficiency of funds, etc. as contemplated under section 138 of the n. i. act by the drawee or remitting bank (the term used by reserve bank of india in it's above answer to describe the drawee bank), the essential ingredient of .....
Tag this Judgment!Court : Mumbai Nagpur
..... of yallwwa (smt.) and others .vs. national insurance company ltd and another reported in (2007) 6 scc 657. the apex court considered section 140 of the motor vehicles act which provides for no fault liability. the provision makes owner of the offending motor vehicle liable ..... .25,000 (rs.50,000 w.e.f. 14.11.94 as amended) in case of death and rs.12,000 (rs.25,000 w.e.f. 14.11.94 as amended) in case of permanent disablement. sub-section 3 of section 140 postulates ..... that the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which claim was made was due to wrongful act, neglect ..... that many such cases in respect of motor vehicle accidents are pending in the tribunal established or constituted under the motor vehicle act, 1988. considering the problem of increasing pendency of motor vehicle accident cases, the view which is taken by the learned chairman .....
Tag this Judgment!Court : Mumbai Nagpur
..... and also given a copy thereof to police station, chandrapur and husband of the plaintiff, i.e., gyanchand, was consulted by heerabai in the matter. the amended pleadings were duly replied by the defendants by denying adverse allegations. the parties filed many documents. the suit thereafter went for trial. the trial judge recorded the ..... .j.266], [p] madhukar d. shende vs. tarabai aba shedage [air 2002 sc 637], [q] mani ram vs. padma datta (d) by lrs. and another [air 2007 uttarakhand 74], [r] mallesappa bandeppa desai and another vs. desai mallappa alias malesappa and another [air 1961 sc 1268], and [s] mt. murti goalin vs. ram briksha gope ..... joint hindu family properties which belonged to rekchandji, jatanbai and late heerabai with which the plaintiff was not at all concerned. in fact, the family settlement was acted upon and plaintiff herself is in exclusive possession of the property from 20th november, 1982 onwards. the plaintiff, however, suppressed all the material facts about the .....
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