Court : Mumbai Nagpur
..... the entire land including the reserved land for playground to bhartiya vidya bhavan is contrary to the provisions of mrtp act. shri jaiswal, learned counsel argued that section 22 (c) of the said act requires that a development plan shall generally indicate the manner in which the use of the land covered thereby shall be regulated. in particular, it shall ..... was amended in march 2011 to incorporate challenge to resolution dated 7/1/2011 and thereafter in september 2011. in this background, it is contended that section 16(1)(d) of nit act is not attracted in the present facts. there were total 78 different subjects before trustees on 7/1/2011 and only one valid offer was available for ..... in the meeting on 7/1/2011. the learned counsel states that, in this situation, merely because another person is not elected as a chairman under section 16(1)(d) of the nit act, that by itself is not sufficient to vitiate the resolution dated 7/1/2011. 21. lastly, our attention is invited to the fact that, in .....
Tag this Judgment!Court : Mumbai Nagpur
..... of censor board and accordingly certificates were issued by the censor board. in case, any person is aggrieved by such certificate, remedy lies under section 5d of the cinematograph act. but then certification by the censor board, could not have been ignored and in the instant case, even by magistrate. the magistrate did not ..... the relevant paragraphs of the said judgment which read thus: 7. indeed, the penal code is general, the cinematograph act is special. the scheme of the latter is deliberately drawn up to meet the explosively expanding cinema menace if it were not strictly policed. no doubt, the cinema is a great instrument for public good ..... summons. the first question is answered against the appellant accordingly. ? 23. therefore, the position has now come to rest to the effect that the revisional jurisdiction under section 397 crpc is available to the aggrieved party in challenging the order of the magistrate, directing issuance of summons. ? 9. in view of above, following order .....
Tag this Judgment!Court : Mumbai Nagpur
..... complex, nagpur. 7. admittedly, the petitioner is neither manager nor having ultimate control over the affairs of said establishment. the establishment has been defined in section 2(8) of the act, 1948, which runs as under : ""establishment" means a shop, commercial establishment, residential hotel, restaurant, eating house, theater, or other place of public ..... the present writ petition is not whether the petitioner could be employer within the meaning of section 58 of the act, 1948. the prime question in the present petition is whether the petitioner could have been prosecuted for the breaches committed by the establishment i.e ..... is received by the inspector or until he ceases to be a director or shareholder." 6. if we strictly go by the parameters given in section 58 of the act, 1948 for determination of employer, it is possible that the petitioner could fall under definition of "employer". however, the question for determination in .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: This appeal arises from the judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the appellants herein were awarded compensation of Rs.7,64,852/- on account of death of one Bhagwatrao which occurred on 14.2.2004, in a motor-vehicular accident involving motorcycle and truck. 2. On 14.2.2004, the deceased with one Gajanan on pillion were riding motorcycle on Nagpur - Hinganghat road. The truck coming from opposite direction dashed against the motorcycle. The truck also turned turtle. In that Bhagwatrao received injuries and succumbed to them on the spot. He left behind him, widow, unmarried daughter aged 21 years, son aged 19 years undergoing education and one minor daughter. They all lodged claim for award of compensation of Rs.20 lakh. Matter proceeded exparte against the owner of the truck. Respondent no.2 and 3 i.e. driver and insurer of the offending vehicle resisted the application mainly on the groun...
Tag this Judgment!Court : Mumbai Nagpur
..... 12,64,895/- was claimed as exempt on the ground that the land sold was agricultural land and not a capital asset according to section 2(14) of the act, urging that the land was situated beyond 8 kms. the claim was rejected by the assessee officer holding that the distance must be measured ..... legislative intention is clearly expressed, shall operate prospectively. in our view, if the assessee has earned business income and not the agricultural income, section 11 of the general clauses act will prevail unless a different intention appears to the contrary. the impugned order appears well reasoned in the facts and circumstances to clearly indicate ..... parchure submitted that the income generated from the urban property/capital asset is a business income and not the agricultural income. according to him, section 11 of the general clauses act will prevail, unless a different intention appears to the contrary. shri parchure contended that the business income cannot be equated with the agricultural .....
Tag this Judgment!Court : Mumbai Nagpur
..... 11. we are of the view that a medical professional treating patients and diagnosing diseases cannot be held to be a "workmen" within the meaning of section 2(s) of the i.d. act. doctors' profession is a noble profession and is mainly dedicated to serve the society, which demands professionalism and accountability. distinction between occupation and profession is ..... is teaching students, providing legal advice or treating patients or diagnosing diseases. persons performing such functions cannot be seen as a workman within the meaning of section 2(s) of the i.d.act. we are of the view that the principle laid down by this court in a.sundarambal's case (supra) and in muir mill's case ..... high court. the slp lacks merit and is dismissed accordingly". the question as to whether the medical officers are the "workmen" within the meaning of section 2(s) of the i.d act is, therefore, no longer res-integra in view of the aforesaid decision and it has to be held that the medical officers cannot be termed .....
Tag this Judgment!Court : Mumbai Nagpur
..... procedure to submit that in this situation the story pleaded by the appellant/husband ought to have been treated as admitted. he has also relied upon section 58 of the evidence act. 4. inviting attention to the story as pleaded by the respondent wife in her petition for restitution of conjugal rights, he submits that the respondent ..... wife was learnt after marriage and thereafter the proceedings have been filed. he at the threshhold points out the difference made in scheme and provisions of section 12[1][c] of act by 1977 amendment. he has taken us through the petition filed by the husband to explain how the fact of playing fraud by suppressing the material ..... came to be transferred to nagpur later on. just 5 days prior thereto and on 28.03.2012, the respondent wife filed a petition under section 9 of the hindu marriage act for restitution of conjugal rights at nagpur. appellant husband filed his written statement opposing restitution on 13.07.2012, while respondent wife filed her written .....
Tag this Judgment!Court : Mumbai Nagpur
..... parties. 2. considering the short controversy involved in the matter i.e. dismissal of the complaint preferred by the applicant for an offence punishable under section 138 of the negotiable instruments act even prior to the issuance of process against the non applicants, it appears proper to decide this application even without issuing any notice to the non ..... the date of keeping himself present before the court for recording his verification statement. it is, thus, urged that for serving the ends of justice, powers under section 482 of the cr.p.c. be exercised and the impugned order be quashed and set aside on such terms and conditions as deemed proper, to afford an ..... than he himself being not informed about the date by his advocate as contended. 8. in the premises aforesaid and considering the real purpose for which the powers under section 482 of cr.p.c. are to be exercised, the case is made out for exercising such powers. however, considering the conduct of the applicant, certain cost .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the vehicle concerned. therefore, the victim of an accident or his dependants have an option either to proceed under section 166 of the act or under section 163a of the act. once they approach the tribunal under section 166 of the act, they have necessarily to take upon themselves the burden of establishing the negligence of the driver or owner of the ..... , as indicated in the second schedule, to the legal heirs or the victim, as the case may be, and in a claim made under sub-section (1) of section 163a of the act, the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due ..... order dated 29-03-2011 passed by learned member, motor accident claim tribunal-2 at nagpur in claim application no 605 of 2005 whereby the claim under section 166 of the motor vehicles act for sum of rupees fifteen lakhs was dismissed. 2. facts briefly mentioned are: mr prakash deorao patil, aged 37 years, was travelling at bina t .....
Tag this Judgment!Court : Mumbai Nagpur
..... the additional premium was not paid in respect of the entire risk of death or bodily injury of the owner of the vehicle. if that be so, section 147 (b) of the motor vehicles act which in no uncertain terms covers a risk of a third party only would be attracted in the present case." 15. the legal position, explained above, ..... the goods or his authorised representative) carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle. section 147 does not require an insurance company to assume risk for death or bodily injury to the owner of the vehicle." "10. in this case, it has not ..... tamil nadu state transport corporation himself was found negligent to the extent of 50% for causing accident, it was held that corporation could not be held liable under motor vehicles act and therefore, the judgment impugned fastening 50% of liability on corporation was set aside. 13. in dhanraj vs. new india assurance co. ltd. and another (supra), it was .....
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