Court : Mumbai Aurangabad
..... an office of profit under the government, as he was then, admittedly, working as a panel doctor appointed under the employees' state insurance scheme (acronymically, the esi scheme), a beneficial project contemplated by the employees insurance act, 1948. of course, the appellant doctor submitted his resignation on november 5, 1974 and this was accepted on 11 ..... striking out, inserting , or substituting words ?further, new webster's dictionary defines the word "amend" as under:- to make better, or change for the better; to alter, as a bill, constitution, motion, etc., by formal procedure; to correct; to improve; to ..... or correct a mistake or improve upon it. an improvement to be made, to repair. ? the black's law dictionary (ninth edition) also defines the word" amend" as follows:- to make right; to correct or rectify , to change the wording of; specif., to formally alter (a statute, constitution, motion, etc.) by .....
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..... owner jointly and severally responsible to pay the compensation in that case driver would depose in favour of the employer, and not in favour of the insurance company. driver is an employee of the owner and he is interested in saving his job and, therefore, he would not say about breach of policy which may saddle the entire ..... relied thereupon. it was marked as an exhibit as both the parties intended to rely upon them. 18. in the year 1994, section 147 of the act was amended, and a person travelling as an authorised representative or caretaker of the goods in the vehicle is covered in the categories of the of entitlement. therefore, an authorised ..... poof lay would still be liable to produce direct evidence to establish that the deceased and the injured passengers were gratuitous passengers. 22. in case in hand as stated above, though the claimants in both the motor accident claims in question, deposed that their respective husbands were traveling with the plastic bags in the vehicle and the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... a public place 9. the provision of section 147 of motor vehicle act shows that in the year 1994 by making amendment the legislature covered the owner of goods and it is the statutory liability to give coverage to the risk in respect of ..... this rule, no person shall be carried in a goods vehicle: provided that the owner or the hirer or a bona fide employee of the owner or the hirer of the vehicle carried free of charge or any officer of the motor vehicles department may ..... of village fagane were present in the vehicle. there was information that the persons were taking vegetables. 5. learned counsel for insurance company submitted that in fir ravindra, who is examined as witness in claim petition no.19 of 2012, had not informed ..... . firstly, the accident took place in maharashtra and no record is produced to show that for the transport vehicle such inter state permit was obtained. on the contrary, exhibit-24 shows that the permit was only for maharashtra. further, the provision of section .....
Tag this Judgment!Court : Mumbai Aurangabad
..... view to eradicating the evil of political defection in the parliament on the national level and in the state legislatures on the state level, the parliament has amended the constitution of india by the constitution (fifty second amendment) act, 1985. at the level of district, taluka, city and town, different local authorities are ..... in the constitution (fifty second amendment), with minor modifications. it has been considered that it prevents independent members from losing their ..... national concern, which undermines the very foundation of democracy. the amendment was incorporated in the tenth schedule of the constitution of india and has been brought into effect from 1st march, 1985. based on aforesaid amendment, the state of maharashtra had promulgated the act which incorporates similar provisions to this .....
Tag this Judgment!Court : Mumbai Aurangabad
..... india the petitioner prayed that the impugned order dated 23 april, 2010 passed by the respondent no.1 i.e. principal secretary (appeals & hearing), home department, state of maharashtra, mantralaya, mumbai in appeal no.ext2010/39/vs5, thereby confirming the order dated 24th december, 2009 passed by the respondent no.2 i.e. subdivisional ..... force and violence under chapter 16 and 17 of the indian penal code and petitioner's behaviour is dangerous and causing harm to the persons and property of state, and therefore, nobody will come forward to give complaint against petitioner. hence, considering all these aspects, it is submitted that the respondent no.2 i. ..... prayer clause `b' thereof and the order dated 23 april, 2010 passed by the respondent no.1 i.e. principal secretary (appeals & hearing), home department, state of maharashtra, mantralaya, mumbai in appeal no.ext2010/39/vs5 thereby confirming the order dated 24th december, 2009 passed by the respondent no.2 i.e. subdivisional magistrate .....
Tag this Judgment!Court : Mumbai Aurangabad
..... transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt;"schedule i of the bombay stamps act prescribes stamp duty payable on instruments and clause 16 of schedule i provides for stamp ..... reported in 2007 air scw 4080 ( cited supra) for claiming refund of court fees.6 order xxi rule 85 of the code of civil procedure ( bombay amendment ) requires the purchaser to deposit the amount required for general stamp duty of the certificate under rule 94 in the court together with full amount of purchase ..... money. the relevant provision in its applicability to be state of maharashtra reads thus :85 time for payment in full of purchasemoney : the full amount of purchase money payable, together with the amount required for general .....
Tag this Judgment!Court : Mumbai Aurangabad
..... was completed and the matter was reserved for judgment.24 civil application no. 16647 of 2010 is filed by the petitioners herein for amendment in the writ petition to add para 7-a to 7-g stated in the application so also prayed for exhibiting the documents at exh. d to exhibit g. the perusal of annexures to the said ..... to answer the same. that was mutual adjustment and can be challenged by landlady only, who has not challenged it.20. the counsel for respondents submitted that the amendment and production of additional documents sought is belated and malafide. the same was moved when the matter was partly heard and the parties were aware of the same which ..... the year 2000 and there is no explanation as to why the said amendment was not brought on record for such a long period. there are also other grounds taken in the reply to oppose the application. it is also stated that many new facts have been stated in the application and therefore, the respondents have no opportunity to answer those .....
Tag this Judgment!Court : Mumbai Aurangabad
..... making appointment to any post by promotion. however, this right was made available to the employee in view of amendment to section 9, which came into force in the year, 1987. it must be borne in mind that when an employee is eligible for promotion and legally entitled to be promoted to the higher post from a particular ..... by the management to the appellant. it is submitted that the appellant has never relinquished his claim. the letter which is produced by the management on record stating the appellant has relinquished his claim for the post of head master is a concocted document. the said document itself would demonstrate that the said document is dated ..... in the school situated in his village. it is further contended that the appellant had never raised objection after promotion of shri sharad yashwant ahirrao. 5. it is further stated that in the year, 2009, vacancy arose for the post of head master in saraswati madhyamik vidyalaya, sadawan, tal. amalner, dist. jalgaon but, it was incumbent .....
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..... a period of six months/one year from the service of notice dated 9.2.2008. the period of six months/one year as contemplated by section 127/amended section 127 of the mrtp act, got over on 8.8.2008/8.8.2009 and in view thereof, the petitioner claim that the reservation is deemed to ..... not to permit, considering the public purpose for which the acquisition is sought for by the authorities. thus, the steps towards acquisition would really commence when the state government permits the acquisition and as a result thereof publishes the declaration under section 6 of the la act."[ emphasis supplied]11] thus, it is clear that ..... play ground, and rehabilitation of persons affected by development plan, as reservation nos. 54,55 and 56 ( for short, "the reserved land"). in february, 2004, the state government effected minor modification in the development plan of jalna, whereby, the position of the aforesaid reservations was shifted without touching the area of reservation. the collector, vide order .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 1996 the petition was allowed to be amended. the petitioner in para 24-a states that after the writ petition was filed, on 2-12-1995 the respondent no.8 had passed award under the proceedings initiated under land ..... the objections filed by the petitioner. the petitioner filed a revision application under section 15-a of the land acquisition act (maharashtra amendment). in stead of deciding the revision petition by the state government, the commissioner wrongly and illegally dealt with the revision petition and dismissed the same.11) by an order dated 30-7- ..... to protect interests of private individual i.e. respondent no.5. the petitioner disputes that possession was taken by private negotiations or otherwise. 12) the petitioner has amended prayer clauses also. in prayer clause (c-1) the petitioner claimed a declaration that the subject acquisition be held to be mala fide and arbitrary and claimed .....
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