Court : Mumbai Nagpur
..... is to ask for specific performance of the deed of assignment and such a claim is enforceable by filing a suit, in terms of the proviso to section 49 of the registration act against the assignor, even though the deed of assignment is not registered. thus, a deed of assignment of a decree for specific performance of contract, ..... portion is contained in column 1 of page 72, which is reproduced below :" it is contended on behalf of the appellant that this view is wrong. section 17(1)(e), registration act, provides that non-testamentary instrument transferring or assigning any decree or order of a court or any award when such decree or order or award purports or ..... pre-existing right in the suit property and by the deed at exhibit 114, new rights were created in their favour and hence it required registration under section 17 of the registration act. on the question of consideration for execution of the deed at exhibit 178, the executing court did not record any finding.14. the plaintiffs, who .....
Tag this Judgment!Court : Mumbai Nagpur
..... is to ask for specific performance of the deed of assignment and such a claim is enforceable by filing a suit, in terms of the proviso to section 49 of the registration act against the assignor, even though the deed of assignment is not registered. thus, a deed of assignment of a decree for specific performance of contract, ..... portion is contained in column 1 of page 72, which is reproduced below :" it is contended on behalf of the appellant that this view is wrong. section 17(1)(e), registration act, provides that non-testamentary instrument transferring or assigning any decree or order of a court or any award when such decree or order or award purports or ..... pre-existing right in the suit property and by the deed at exhibit 114, new rights were created in their favour and hence it required registration under section 17 of the registration act. on the question of consideration for execution of the deed at exhibit 178, the executing court did not record any finding.14. the plaintiffs, who .....
Tag this Judgment!Court : Mumbai Nagpur
..... accident. when a claim was made by the legal heirs of the driver who died in the accident the insurance company resisted the claim on the strength of section 64vb of the insurance act 1938. (emphasis supplied) 12. the distinguishing facts in inderjitkaur's case (supra) and in the present case are that in the former, the policy was cancelled after the .....
Tag this Judgment!Court : Mumbai Nagpur
..... subject-matter of a civil case arising out of implementation of schedule-i enactments. then only national green tribunal will have jurisdiction under section 14. 22. section 2[m] of n.g.t. act defines substantial question relating to environment. the definition is wide and inclusive. it stipulates that if there is direct violation of specific statutory ..... to contain such particulars and should be accompanied by such document and such fees, as may be prescribed by rules framed under the said act. sub-section [2] of section 18 provides for an application for grant of relief of compensation or settlement of dispute to be made by a person stipulated therein. as per ..... the parliament which has deliberately employed wide or liberal words while laying down the compass or the scheme of n.g.t. act, has not used such words while phrasing section 14 of that act or conferring jurisdiction upon national green tribunal. on the contrary, its intention to limit the power to decide certain specified nature of .....
Tag this Judgment!Court : Mumbai Nagpur
..... would entitle the plaintiff to file a fresh suit on a subsequent date. we may usefully add in this connection that there is no provision in the specific relief act, 1963 requiring a plaintiff claiming the relief of specific performance to wait for expiry of the due date for performance of the agreement in a situation where the ..... may have made his intentions clear by his overt acts. it is thus clear from the above decision and particularly paragraph 15 above, that there is no question of waiting for expiry of the due date of performance. ..... would entitle the plaintiff to file a fresh suit on a subsequent date. we may usefully add in this connection that there is no provision in the specific relief act , 1963 requiring a plaintiff claiming the relief of specific performance to wait for expiry of the due date for performance of the agreement in a situation where the defendant .....
Tag this Judgment!Court : Mumbai Nagpur
..... . there is no dispute that the petitioner was never transferred to junior college of education as understood in accordance with the above definition under section 2 (10) of the m.e.p.s., act. we therefore uphold the decision of the deputy director of education in not approving the appointment of the petitioner under rule 41 (5) ..... now the mistake can be corrected by the deputy director of education. according to the learned counsel for the petitioner the deputy director of education is thus acting high handedly in the matter of approval to the transfer order of the petitioner from one school to another.5. per contra, the learned additional government pleader ..... out to this court. the definition of junior college of education is to be found in section 2 (10) of the maharashtra employees of private schools (conditions of service) regulation act, 1977, (for short, hereinafter referred to as 'the m.e.p.s. act'), which reads thus : "2 (10) "junior college of education" means a school imparting .....
Tag this Judgment!Court : Mumbai Nagpur
..... or words made to other a clear and unequivocal promise which is intended to create legal relations or effect legal relationship to arise in future and other party in fact acted upon it, the promise is binding on the party making it and he would not be entitled to go back upon it.8. the principle would stop the respondentcooperative housing ..... ). one may also make reference to gujarat state financial corporation vs. lotus hotel pvt. ltd. (1983) 3 scc 379. if a promise is made in expectation that it would be acted upon, the party making promise would not be allowed to back out of it and the courts should insist that promise must be fulfilled. as held in motilal padampat's .....
Tag this Judgment!Court : Mumbai Nagpur
..... admitted factual position and the manner in which assault was inflicted on deceased laxmi indicate that the accused must be held guilty for the offence punishable under section 302 of the indian penal code and nothing less. in other words, the overwhelming circumstances which are established against the appellant/accused rule away any other possibility ..... oral evidence which was led before the trial court. also perused the reasoning given by the trial court while convicting the appellant for the offence punishable under section 302 of the indian penal code.3. prior to appreciating the arguments advanced on behalf of the appellant, certain factual position and admitted circumstances can be ..... of the appellant that he was just to scare his wife and was not intending to kill her or for that purpose, not knowing that his such act would cause the death of his wife. the overwhelming circumstances are such that as firstly, the weapon used by the appellant/accused is spearhead blade having blade .....
Tag this Judgment!Court : Mumbai Nagpur
..... have submitted that rule 19 as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. it has further been stated that considering the previous experience of the convicts to misuse and/or abuse ..... to the relevant statutory provisions while considering the aforesaid challenge. the rules of 1959 have been framed by the state government in exercise of powers conferred by section 59 of the prisons act, 1894. initially, rule 19 read as under: "19. a prisoner may be released on parole for such period as the competent authority referred to ..... life or personal liberty only according to the procedure established by law. in so far as the aspect of "procedure established by law" is concerned, section 59 of the prisons act confers power on the state government to make such rules for the purposes of release on furlough and parole. in exercise of said rule making power .....
Tag this Judgment!Court : Mumbai Nagpur
..... education has become a business and managements of private schools, with notable exceptions, are becoming pirates in the high seas of education. the interpretation of section 5 of the act must be purposive one that would attain the statutory object and not lead to a negation of statutory intent. once a permanent vacancy arises, ..... management of private schools. judicial intervention is warranted in order to preserve the statutory intent.? 20. in the light of the aforesaid purpose of the meps act, the provisions of section 5 therein, need to be seen. the same are, therefore, reproduced below : 5. certain obligations of management of private schools. (1) the ..... of appointment shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.? 21. section 5 of the meps act creates certain statutory obligations upon the management to provide security, stability and protection in service to the employees, more particularly when grant-in-aid .....
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