Court : Mumbai Aurangabad
..... does not preclude the court from granting such interim relief as it may consider necessary pending the decision on the question of jurisdiction. in our opinion, the provision merely states the obvious. it makes explicit what is implicit in law. just because an objection to the jurisdiction is raised, the court does not become helpless forthwith - nor does ..... the decision of issues of fact, would result in a lop-sided trial of the suit." though there has been a slight amendment in the language of order 14 rule 2 cpc by the amending act, 1976 but the principle enunciated in the above quoted decision still holds good and there can be no departure from the principle ..... formula regulating exercise of statutory powers. the provisions of section 9a of the code are prefaced with a non-obstante clause. these provisions, as applicable in the state of maharashtra, are required to be enforced in preference to any other provisions contained in the code and even any other law for the time being in force. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... patently illegal, need to be interfered with while exercising the constitutional jurisdiction of this court. 15. the petition is allowed. the impugned orders are set aside. the amendment carried out pursuant to the impugned orders be cancelled, and the complaint be restored to its original position. 16. rule is made absolute in the aforesaid terms. ..... instance, if the fir states that a and b assaulted the victim, the first informant cannot be prevented from subsequently saying that this statement was wrong and that only a had assaulted ..... decided during the trial. however, the complainant cannot be allowed to remove or erase his original version from the record, though he shall be free to state that he had earlier made a wrong statement. 12. the so called correction is nothing different from other corrections which parties or witnesses seek to make. for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the appeals preferred by respective assessee cooperative sugar factory back before the concerned c.i.t. (appeals). both the parties to it are given liberty to amend their pleadings before the commissioner of income tax (appeals) takes up the matter for final hearing as per paragraph 8 in deputy commissioner of income tax, ..... at the initiative of assessee cooperative societies has been only noted and given importance. it is held that after ascertaining the profits, respective assessees moved the state government for determination of sap and thus, it is diversion of profits. as an illustration of application of mind and by way of specimen, we ..... this court. after hearing respective counsel, we find that following substantial questions of law fall for determination. (a) whether the dis-allowance of difference between state advised price and statutory minimum price paid by assessee co-operative societies to sugar cane farmers by the assessing officer has been correctly set aside concurrently by .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that the provisions touching existing right are not ordinarily retrospective. the term existing rights is explained by privy council and it is laid down that if due to application of amended provisions, the law would deprive all the existing finality of orders which, when the statute came into force, were final, are provisions which touch existing rights. in the case ..... proceeding to criminal appeal. he submitted that in view of the provisions of section 401(5) of cr.p.c. such conversion is possible. he submitted that by the amendment made to section 372 of cr.p.c. the right is given to the victim to file such appeal, and so, such conversion is possible. this submission is opposed ..... on the case reported as 2012 (4) mh.l.j. 760 (babu uligappa batteli vs. state of maharashtra and ors). this court, division bench has squarely dealt with the point involved in the present case and it is observed by this court that amendment to section 372 of cr.p.c. came into force on 31.12.2009 and as it .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the appeals preferred by respective assessee cooperative sugar factory back before the concerned c.i.t. (appeals). both the parties to it are given liberty to amend their pleadings before the commissioner of income tax (appeals) takes up the matter for final hearing as per paragraph 8 in deputy commissioner of income tax, ..... at the initiative of assessee cooperative societies has been only noted and given importance. it is held that after ascertaining the profits, respective assessees moved the state government for determination of sap and thus, it is diversion of profits. as an illustration of application of mind and by way of specimen, we ..... this court. after hearing respective counsel, we find that following substantial questions of law fall for determination. (a) whether the dis-allowance of difference between state advised price and statutory minimum price paid by assessee co-operative societies to sugar cane farmers by the assessing officer has been correctly set aside concurrently by .....
Tag this Judgment!Court : Mumbai Aurangabad
..... relevant provisions in that regard were as follows :- "(1) the cessation of notification no. 1/129/99- exports-i dated 12th november 1999 (including its amendments) and the predecessor notifications concerning yarn, fabrics & made-ups export entitlement (quota) policy on 31st december 2004 shall not affect the operation of the residuary ..... with the existing mechanism to deal with cases of non-performance or short performance of quota obligations. the notification dated 9 november 2004 specifically states that the provisions relating to the procedure to deal with quota malpractices by exporters; to the supervisory role of the textile commissioner and provisions ..... utilization of the quota. 3. under the wto agreement on textiles and clothings, export of certain textile product categories from india to the united states, member countries of the european union and to canada was circumscribed within specified annual quantitative restraints, called textile quota limits. the union government was .....
Tag this Judgment!Court : Mumbai Aurangabad
..... act, be deemed to be amended accordingly also in that part of the state." 6. sufficient time was given to the learned senior counsel for the appellant, objection petitioner, to produce the said notification but he could not produce such ..... suit or proceeding was instituted". (3) the provision of the transfer of property act and the indian registration (bombay amendment) act, 1939 (bom. xiv of 1939) which amend the transfer of property act, 1882, in its application to the pre-re-organisation state of bombay are hereby extended to, and shall be in force in, that part of the ..... state of bombay to which they did not extend immediately before the commencement of this act [namely, the transfer of property (bombay provision for uniformity and amendment) act, 1959], and the transfer of property act, 1882 shall, from the commencement of this .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . (ii) in paragraph 9 of the petition, it is submitted by the petitioner that evms are not tamperproof at all. it is also stated in the said paragraph that internal testing of the machine is done by an employee of the manufacturing company and, therefore, if one is able to exert some influence on the said ..... and pointed out the difference between material facts and material particulars. while the failure to plead material facts is fatal to the election petition and no amendment of the pleading could be allowed to introduce such material facts after the time-limit prescribed for filing the election petition, the absence of material particulars can be ..... cured at a later stage by an appropriate amendment. 53 in udhavsingh case this court observed as under: (scc pp. 522-23, para 41) 41 like the code of civil procedure, this section also envisages .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the act, deeming the wages as rs.1,000/- per month. in the meanwhile, section 4 of the act was amended in 1995 by amendment act (30 of 1995) whereunder the deemed income was increased from rs.1,000/- to rs.2,000/-. in the ..... government notification dated 31.5.2010 whereby the monthly wages for the purpose of sub-section (1) of section 4 of the employees compensation act, 1923, are prescribed at the enhanced rate of rs.8000/- can be extended while assessing the compensation in the ..... commissioner. the learned commissioner, on assessment of the oral and documentary evidence brought before him, has exonerated respondent no.2 insurance company from the liability of paying any compensation as claimed in the application and held respondent no.1 i.e. owner ..... for the income of the workman was rs.1,000/- per month. the compensation in the said matter was, however, claimed stating the wages of the deceased workman to be rs.1800/- per month, which were being actually received by the said deceased workman. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for respondent no.1 that, section 28(t) of the said act enables the answering respondent to lay down by the statutes the procedures for appointment of officers and other employees of the university, qualifications, mode of recruitment, pay scales, terms and conditions of service including conduct, discipline and their duties. 11. in that view of the matter, in our ..... in mandar industries, m.i.d.c., waluj, aurangabad, however, he was prosecuting post graduation i.e. m.com as also m.b.a. at the relevant time. the esic contribution of the said unit for the years 2009-2010 and 2010-2011 would reveal that, there was none working by name shri satish baburao jagdale in the said industrial ..... conditions 2.1 for open category. the age limit for open category is 33 years and for reserved category, it is relaxed for 5 years and it was specifically stated that, the minimum age limit of 18 years and maximum age limit 30 years as on 14.06.2010 to be considered, and though the petitioner belongs to the .....
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