Court : Mumbai Nagpur
..... , permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorisation and the provisions of this act. 34 section 54 gives power to cancel or suspend licences and permits and there are provisions enabling attachment of licences and supervision over the activities. 35 chapter iva ..... single judge failed to appreciate that the licence was issued on 30.10.2010 under the revisional jurisdiction of the state government conferred vide section 138 of the bombay prohibition act, 1949. that order came to be challenged after enormous delay inasmuch the writ petition challenging that order was filed in this court as ..... grant of fliii licence by his order dated 20.02.2010. 4 aggrieved and dissatisfied with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. the collector submitted his response to the appeal through .....
Tag this Judgment!Court : Mumbai Nagpur
..... the enrolled students. by inviting attention to the impugned order , learned counsel submits that negligible amount has been spent on research activities. section 2[17] of 1961 act is further pointed out with stand that a company is not entitled to deduction under clause 1, unless it enters into an agreement with ..... research activities, as also hospital activities on the donations received from general donors. it is recognized as a charitable and research institute under section 80g income tax act and donors are entitled to claim deductions accordingly. it does not get any assistance directly or indirectly from the government. it received donation of ..... given in the impugned order overlook the fact that earlier approval was granted by recognizing petitioner institute as 'other institute' falling under section 35[1][ii] of the act, and reasons recorded in the impugned order are therefore, unsustainable. students registered with nagpur university and a deemed university perform research work .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: This appeal is directed against the judgment and award dated 24.11.1998 passed by Motor Accident Claims Tribunal, Yavatmal in M.A.C. No.38/92, whereby the tribunal awarded compensation in the sum of Rs.3,21,000/- inclusive of No Fault Liability claim on account of death of one Chandrashekhar Shete caused in motor vehicular accident occurred on 17.09.1991 involving motorcycle and a truck. 2. The deceased, with a pillion rider, was proceeding on his motorcycle from village Ladkhed to Yavatmal. The truck owned by respondent no.1 and driven by respondent no.2 while coming from opposite direction dashed against the motorcycle. This resulted in instantaneous death of Chandrashekhar. He left behind him a widow and two minor children aged five and one year respectively. The deceased was serving as Assistant Field Officer with Maharashtra State Seeds Corporation Ltd., Yavatmal and was drawing total emoluments of Rs.3230/-. The appellants claimed compensation of Rs.12,00,000/- on ...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: This appeal arises from the judgment and award dated 27.10.2005 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.777/1997 whereby the claimants / respondents herein were awarded compensation of Rs.6,38,000/- on account of death of Rashi aged about 24 years, who had recently passed M.B.B.S. Examination and was undergoing the internship. 2] Accident occurred on 21.7.2000 on Ghat Road, Nagpur. Rashi was riding pillion on the motorcycle which was being driven by her brother. State Transport Bus bearing Registration No. MH-31-8211 coming from opposite direction dashed against the motorcycle. As a result of this, Rashi sustained injuries and died on the spot. The driver of the bus was charge-sheeted. Claimants are her parents and elder brother. 3] The appellant original respondent resisted the petition mainly on the ground that there was no negligence on the part of the driver of the bus. The learned Tribunal after assessing the evidence placed on rec...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: This appeal arises out of the judgment and award dated 28.2.2007, passed by the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.5/1999. 2] Jeep bearing No. MH-30-B-11978 insured with the appellant met with accident on the road in between village Dapura and Deori in District Akola. The persons travelling in the jeep sustained injuries and some of them succumbed to those injuries. One Shankarrao inmate of the jeep died. His widow and children filed application for compensation. 3] Appellant raised defence of breach of terms and conditions of insurance policy. Tribunal negatived the same, after holding that the same has not been proved. 4] Mr. Dhanagare, learned counsel appearing for the appellant contended that the Tribunal was wrong in ignoring the recitals in the First Information Report. Therefore, he submits that the award passed against the appellant is not sustainable on facts and in law. 5] None appeared for the respondents. 6] The original petitioner no.2 Mano...
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..... supra is framed in exercise of powers conferred by clauses (c), (d), (i) (ii) and (j) of sub-clause (2) of section 3 of the essential commodities act, 1955 and all other enabling powers of state government. in exercise of same powers the state government has also formulated the maharashtra scheduled commodities, retail ..... chilly grinding machine and it was cancelled by the municipal council later on. the collector, in exercise of powers under section 308 of the maharashtra municipal council, nagar panchayats and industrial township act, 1965 suspended that resolution. the regional director (higher authority) held that no objection certificate was granted without considering ..... amrutrao tayade .vrs. the hon'ble minister for cooperation and others (supra), had occasion to consider similar challenge visavis provisions of the maharashtra cooperative societies act. one of us (b.p. dharmadhikari, j) is party to that judgment. in that judgment, the above mentioned larger bench judgment of hon'ble .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: Both these appeals are arising out of judgments and awards dated 06.10.2001 passed in Claim Petition Nos.112/1996 and 113/1996. Both these claim petitions arose out of the motor vehicular accident occurred on 16.12.1995 on Chinchpalli to Mul road near village Chinchpalli within the jurisdiction of Police Station, Mul involving motorcycle bearing registration No.MH-34/1332 and Truck bearing registration No.MH-34/A-3005. The motorcycle was driven by one Ganpat. The motorcycle was insured with Oriental Insurance Company Limited whereas the truck was insured with United India Insurance Company Ltd.- appellant herein. In the accident, Ganpat and both the pillion riders died. Therefore, their case is that on account of negligence on the part of the driver of the motorcycle, the accident occurred. The appellant also took plea that the truck was not insured with them. The Oriental Insurance Company Ltd. filed reply and denied the claim. 2. The learned Tribunal framed as many as ...
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..... nagpur. thereafter, on 13-02-2012 an industrial dispute arising between the parties was referred to the industrial court for its adjudication in terms of section 10(1) of the act of 1947. the dispute as referred was mentioned in the schedule appended thereto. in aforesaid reference proceedings, the union filed a statement of claim ( ..... as the extent thereof? 10. the aforesaid is the industrial dispute that was referred by the appropriate government to the industrial court for adjudication under section 10 of the act of 1947. in this background, the other issues relating to the statement of claim filed by the petitioner union and opposition thereto by the ..... scope of aforesaid reference has rightly not been permitted to be expanded so as to consider an industrial dispute that was not referred for adjudication under section 10 of the act of 1947. in absence of any jurisdictional error no case has therefore been made out to exercise writ jurisdiction. the writ petition, therefore, fails .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the dependents. the supreme court, restored the decision of the tribunal by observing thus; 15. in the present case, the claimants had filed for compensation under section 166 of the motor vehicles act, 1988. the original claim petition had been filed by the mother and brother of the deceased and the deceased was 33 years of age when he died in ..... deduction on this account. the contention that deduction on that count cannot exceed one-third on the ground that there is some statutory recognition in the second schedule to the act for such deduction, is untenable. the said deduction would depend upon the facts and circumstances of each case. in the present case, no evidence was led on this point as .....
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Oral Judgment: The judgment and award dated 29.9.2007 passed by the Motor Accident Claims Tribunal, Amravati in M.A.C.P. 1308/1998 is challenged in this appeal. 2] The facts may be stated thus: On 22.8.1987 the offending vehicle met with an accident because of its rash and negligent driving by the original respondent no.1. One Shivdas who was travelling in said vehicle sustained multiple injuries mainly injuries to Cervical Vertebrae C3 to C6 of the quadriparesis and chest. He sustained 100 % permanent disability and for that claim petition was filed. During pendency of the petition he died and therefore his legal heirs were brought on record. 3] The original respondent no.1 and 2 appeared before the Tribunal and resisted the claim. It was their case that one truck dashed against the jeep and caused accident. The original respondent no.3 appellant herein appeared and filed written reply. It was their case that deceased was travelling as a fare-paying passenger. Further respondent no.1...
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