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
..... 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 .....
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
..... 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
..... it can be said that only the dates mentioned in the first proviso are changed and the remaining provision of the first amendment is kept intact. 7. in view of the aforesaid steps taken by the state government to give concession, but to put conditions for the concession, it can be said that the concession can be availed ..... allowed to contest the elections if condition nos. (i), (ii) of the first proviso were fulfilled by the candidates. below these conditions, right from the first amendment, further proviso was added which was making it clear that if the caste validity certificate was not produced within the period of six months from the date on which he ..... the possibility that candidates were not having validity certificates on the date of nomination, by way of concession, the first proviso came to be added. by the first amendment, which was made in the year 2012, concession was given to the candidates, who wanted to contest elections from the reserved category and it was for the elections .....
Tag this Judgment!Court : Mumbai Aurangabad
..... respondent no.6 deputy director has gone into the allegations against the petitioner and has concluded that it appears that the appointment of the petitioner as a permanent employee is based on a forged approval. 8. i have considered the submissions of the learned advocates and have gone through the petition paper book with their assistance ..... 3.9.2012, the appeal was dismissed. [n] the school tribunal lost sight of the fact that the meps rules prescribing a procedure to terminate an employee, was not followed by the management, that the management was estopped from challenging the appointment of the petitioner after 10 years, that no opportunity of hearing was ..... department of school education and sports, state of maharashtra, mantralaya, mumbai-32 to consider the disturbing prevailing situation in the light of the observations of this court in this matter as well as in wp no.4999/2016 decided on 29/08/2016 and contemplate by introducing through an amendment, such a provision in the meps .....
Tag this Judgment!Court : Mumbai Aurangabad
..... petitioner submits that the petition deserves to be allowed. 4. on the other, the learned a.g.p. appearing for the respondent/state submits that there is amendment to the provisions of section 35(1) of the maharashtra agriculture produce marketing (development of regulation) act, 1963 and it is necessary for ..... the maharashtra agriculture produce marketing (development of regulation) act, 1963, certain provisions are reframed or amended, and therefore, the petitioner is not entitled for promotion to the post of secretary. 6. rule 46 of the market committee employees (service) rules reads thus: 46- hindi 7. the true translation of the above rule 46 ..... market committee will prepare separate seniority list as per categories of employees i.e. officers, senior employees and junior employees and promotions will be given as per seniority of the employees in the respective class. however, in exceptional cases, the market committee can promote employee from any class to any post by giving reasons. the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... aforesaid reported cases and the observations made therein. relevant provisions of law are already quoted by this court. this court has already observed that the provisions as amended need to be applied and the discussion of the allegations made in the petition is made accordingly. there is no dispute over the propositions made in the ..... clause (ii) dies or ceases to be a member of such political party, by further communication to the election commission and the chief electoral officers of the states, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, ..... a recognised political party, such persons not exceeding twenty in number, whose names have been communicated to the election commission and the chief electoral officers of the states by the political party to be leaders for the purposes of such election, within a period of seven days from the date of the notification for such .....
Tag this Judgment!Court : Mumbai Aurangabad
..... "with a 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 charged with the ..... philosophy of the political party by which his candidature was set up. the remedy proposed under the constitution (fifty-second amendment) act is to disqualify the member of either house of the parliament or the state legislature who has been elected as a candidate set up by a political party, on the ground of defection. ..... anti-defection bill. the bill is meant for out-lawing defections and fulfilling the above assurance. 2) the bill seeks to amend the constitution provide that an elected member of parliament or a state legislature, who has been elected as a candidate set up by a political party and a nominated member of parliament or .....
Tag this Judgment!Court : Mumbai Aurangabad
..... members of the deceased government servant, who have a prior right to receive family pension, are not surviving. this government resolution has been made applicable to the employees of the maharashtra zilla parishads vide proviso to section 248 of the maharashtra zilla parishads and panchayat samities act, 1961. 14. in the 'introduction' part ..... its ambit the wholly dependent parents of a single government servant. in clause (11) of the said government resolution it has been mentioned that a formal amendment to the maharashtra civil services (pension) rules, 1982 will be made in due course. this government resolution fortifies our view that there was no rationale or ..... ). therefore, the decision of the respondents in denying family pension to the petitioner, who is the only surviving family member of deceased deelip, who is stated to be wholly dependent on him for livelihood, is not sustainable since it has the effect of discriminating the petitioner and depriving her of the fundamental right .....
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