Court : Mumbai Aurangabad
..... corporation has to invite objections and suggestions within a period of 30 days from the date of notice in official gazette. this period has now been amended to 60 days. state government has been given power to extend the period for preparation and publication of notice of draft development plan by an order in writing and for reasons ..... refuse to accord sanction and direct the municipal corporation to prepare a fresh development plan. proviso permits the state government to extend from time to time by notification in official gazette, the period for sanctioning draft development plan. amendment added on 18.03.2014 allows such an extension of period not exceeding 12 months in case of ..... appointed on 22.01.1999 and it had to submit its report within two months. this period of two months stipulated therein is allowed to be extended by amendment on 18.03.2014. this committee has submitted its report on 20.10.1999. as per section 30[1], municipal corporation had to submit draft development plan .....
Tag this Judgment!Court : Mumbai Aurangabad
..... accepted that bda limited was maintaining ledger of account holders including kumar liquors. 43. his cross examination shows that he was not maintaining salary particulars of the employees and head office was doing that job. he accepted that bank book produced by him was not signed by any officer of the company or by himself. ..... to be used in evidence of anilkumar agrawal by kumar liquors, bda was constrained to rebut it. hence, with the leave of court, bda limited examined its employees mr. kanse and mr. gule. original letters accompanying the cheques for these enhanced duty-payments were shown during his cross examination to mr. anilkumar agrawal and with ..... out transfer of secunderabad suit filed by kumar liquors, to aurangabad, by hon'ble apex court. they have pointed out that entire amendment to ws was irrelevant. they have stated that cruikshank and company was having independent status and was not having any understanding or contract with bda limited. they have denied any connection .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to compare the circumstances in the ahmednagar zilla case with the present case. in the ahmednagar zilla case the voters' names were deleted on the basis of an amendment in the bye laws which were struck down by the appellate authority. the high court directed the inclusion of those names in the electoral roll. the contention ..... in shivnarayan amarchand paliwal vs. vasantrao vithalrao gurjar and ors. 1992 (2) (vol 30) maharashtra law journal, 1052. however, in karbhari maruti agawan and ors. vs. state of maharashtra and ors. 1994 (vol 2) maharashtra law journal, 1527, although it was held that the preparation of the list of voters is an intermediate stage in the ..... this court and held that this court could not have entertained a writ petition on the ground that the election programme was not yet declared. he, therefore, states that in the instant case, the election programme has already been declared and several stages prescribed in the programme have been reached. it is contended that once .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is a part of process of investigation. in cr.p.c. itself classification of offences is done as serious offence (cognizable offence) and less serious offence. though the amendment to section 41 of cr.p.c. came to be made in the year 2009, the powers still remain with police to arrest. only thing that is changed is ..... is custodial interrogation. the satisfaction of the investigating officer is important in this regard. in appropriate cases the orders of anticipatory bail made need to be challenged by the state as there is always possibility of commission of mistakes and those mistakes can be corrected by higher courts. 20) from the position of law quoted above and in view ..... submitted that the learned additional sessions judge has not committed any error. the cases cited were as follows:- (i) 2009 (7) scc 559 [sukhwant singh and ors. vs. state of punjab] and (ii) air 1980 sc 785 [niranjan singh and anr. vs. prabhakar rajaram kharote and ors.]. 10. it is a fact in the present matters that both .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and have the same cause of action adjudicated without relegating the defendant to file a separate suit. acceptance of the contention of the appellant tends to defeat the purpose of amendment. opportunity also has been provided under rule 6-c to seek deletion of the counter-claim. it is seen that the trial court had not found it necessary to delete ..... same suit, both the claim in the suit and the counter-claim could be tried and decided and disposed of in the same suit. in mahendra kumar and anr. v. state of madhya pradesh and ors. [(1987) c scc 265] where a bench of two judges of this court was to consider the controversy, held that since the cause of action ..... was added as defendant no.1, original plaintiff as defendant no.2, the management of credit co-operative society as defendant no.3 and special recovery officer appointed by the state government as defendant no. 4. it will not be out of place to mention here that defendant nos. 3 and 4 are neither party to the suit preferred by plaintiff .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court; (b) in any other case, make over the case to the chief judicial magistrate who shall ..... thereof. (2) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who tenders a pardon under ..... (pw-6) and kailas sonawane (p.w.7). both are municipal employees and attend the crematorium and used to take entry in the municipal register about the funeral or burial of the dead bodies. he stated that, kailas is the son of dayaram. 39. he further stated that, victim was doctor by profession and she used to conduct p.m .....
Tag this Judgment!Court : Mumbai Aurangabad
..... judges of some experience. accordingly, when the powers of the high court under companies act, 1956 were sought to be transferred to tribunals by the companies (amendment) act, 2002 a constitution bench of this court has held in union of india v. r. gandhi, president madras bar association (supra): 108. when ..... this act, including (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a central public information officer or state public information officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices ..... applications seeking information from the petitioner trust under the rti act would not ipso facto mean that the information has been vexatiously or frivolously sought. (c) the state information commission was convinced by the demand of the second respondent and has, therefore, directed the petitioner trust to furnish the information by the impugned order. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... matters like the present one. reliance was placed on some observations made by the apex court in the case reported as (2013) 4 scc 505 (ghcl employees stock option trust v. india infoline ltd.). the facts of this case were different and it was necessary to ascertain as to whether dispute was of civil nature ..... provisions [viz. section 5(1)(a)] and some more rules need to be considered. in rule 2(b) of the rules, definition of employee is given as under :- (b) employee means a person working in or employed by a genetic counseling centre, a genetic laboratory or a genetic clinic or an ultra sound clinic or imaging ..... territory concerned: provided that it shall be the duty of the state or the union territory concerned to constitute multimember state or union territory level appropriate authority within three months of the coming into force of the pre-natal diagnostic techniques (regulation and prohibition of misuse) amendment act, 2002; provided further that any vacancy occurring therein shall .....
Tag this Judgment!Court : Mumbai Aurangabad
..... seen, it becomes clear that person who has obtained registration is expected to use and operate the machine himself unless he employees some person, who is qualified as provided under the act. even if the contention is accepted that he could have used the machine at other place, it was necessary to ..... learned senior counsel submitted that rule 13 of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) rules, 1996 (for short, "the rules") was amended and the amendment came into force with effect from 4-6-2012 and prior to that amendment there was no necessity of giving intimation of change of place. he submitted that in view of this ..... in the registration certificate is required to be made and as the incident in question took place in the 2007, the amended provision cannot be applied in this case. even if this contention is accepted that cannot help the present petitioner. 6. if the provision of section 3 of the act is .....
Tag this Judgment!Court : Mumbai Aurangabad
..... before 28.11.2000. same analogy applies so far as government resolution dated 15.06.1995 is concerned. the decision taken by the state government is in the interest of large section of employees. if any fault is found with the action of the government in directing protection in employment to class of such candidates who are ..... when words are very clear and there is no obscurity and ambiguity, there is scope for the court to innovate or take upon itself the task of amending or alerting the statutory provision. the hon'ble apex court has pointed out that there is a very thin line which separate the adjudication from legislation and ..... is made in the rules framed under the zilla parishad act and therefore, reservation of seats in zilla parishad is occupied field, unless and until those rules are amended, no government resolution for reservation for special backward class in zilla parishad services can be issued and therefore, the government resolution dated 15.6.1995 directing accommodation of .....
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