Court : Mumbai Nagpur
..... greave cotton limited (supra), the trial court came to the conclusion that the civil suit was not maintainable in view of availability of a statutory remedy under section 406 of the said act. on appeal being filed by the plaintiff therein, the conclusion as arrived at by the civil court as regards lack of jurisdiction was upheld. thereafter, on a ..... on an objection being raised to the jurisdiction of the civil court, the trial court came to the conclusion that in view of a remedy available under section 406 of the said act, the suit for declaration was barred by law. perusal of the entire order passed by the trial court below exhibit-30 clearly indicates that it has come ..... as filed for declaration was barred by law and that the civil court had no jurisdiction to try and entertain the same. it held that remedy under section 406 of the said act was available and instead of filing an appeal under said provision, the suit in question had been filed which was barred by law. after coming to said .....
Tag this Judgment!Court : Mumbai Nagpur
..... of accused at the relevant time. therefore, it is not accepted this evidence as clinching evidence against the respondent-accused. 22. the seizure of clothes under section 27 of evidence act from accused is disregarded by it on the ground that the clothes were seized from a place which was accessible to all and the fact that those clothes ..... "a" blood upon it. she submits that as per c.a. report, blood group of deceased babarao is also "a". seizure of blood stained clothes under section 27 of evidence act on 14th december, 2002, is also relied upon by her to urge that this seizure also proves involvement of respondent in the crime. she, therefore, prays for ..... not described. material on record demonstrates that respondent after murder washed his clothes and then concealed it in tur crops of the field belonging to one mahadeo arekar. section 201 of i.p.c was also invoked against respondent for this purpose. thus, he attempted to destroy evidence of his participation in crime, but then put the .....
Tag this Judgment!Court : Mumbai Nagpur
..... therefore abridgement by a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered ..... tenant for the occupation by landlord and therefore comparative hardship was required to be decided in favour of the tenant in accordance with the object of section 16(2) of the maharashtra rent act. in nut shell, the ratio in the decision in shalini shetty, in a case of pure dispute between landlord and tenant, is that a ..... collusion with the statutory authority. in the case of landlord and tenant now under the present rent act, relief was claimed by the landlord in terms of statutory provisions of section 16 of the rent act regarding the grounds for eviction and, therefore, it can be said that the complaint was of infraction of statute.5. having heard .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. santosh and ors., (supra), the hon'ble apex court has considered the question whether jugaad constituted transport vehicle within the meaning of section 2(28) of the motor vehicles act, 1988. said definition reads thus : (28) motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads whether the ..... decision was whether heavy earth moving machineries used by the petitioner in its collieries for mining activities were motor vehicles within the meaning of section 2(28) of the motor vehicles act, read with phrase construction equipment vehicle as defined in rule 2(ca) of 1989 rules. in paragraph 16, the definition of ..... be dismissed with costs. 7. during arguments, our attention has been invited to the provisions of section 2(28) defining motor vehicle, section 2(47) which defines transport vehicle and the provisions of section 39 of motor vehicle act, 1988, which mandates registration of motor vehicles. shri naik, learned counsel, has submitted that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... out before the cgit that co-operative society started managing canteen on 15.12.1991 and thereafter in 1994, canteen was taken up departmentally; no steps under section 33a of the id act have been taken by petitioner union. m.g.k. union vs. glass containers pvt. ltd. & anr.(supra), which does not consider such an independent ..... or decrease in number of workers is to be regulated in accordance with these schedules & its s.9a. lastly, it is urged that provisions of section 33 of id act are not considered at all and the right of 13 employees to apply for regular recruitment or absorption has been taken away when canteen was started ..... august 1994 is also assailed by pointing out that said events have taken place during the pendency of reference proceedings and hence are hit by provisions of section 33 of industrial disputes act, 1947. those developments are, therefore, stated to be irrelevant and insignificant insofar as controversy before this court is concerned.8. it is pointed out .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitioners will be permitted to withdraw the same. the respondent-employee would be entitled to an amount of rs. 1,75,000/- towards the compliance of section 17b of the i.d. act and the amount withdrawn by the respondent-employee to that extent cannot be recovered. the respondent-employee has withdrawn the amount of rs. 2,57,379/- ..... stipulation contained in such contract. the appointment was for a fixed period and therefore, it would not be a case of "retrenchment" within a meaning of section 2(oo) of i.d. act. 7. shri saboo, the learned counsel appearing for respondent-employee has invited my attention to the finding recorded by the labour court that the muster rolls ..... before this court in writ petition no. 6335 of 2005. during the pendency of this writ petition, the respondent-employee was held entitled to wages under section 17b of the i.d act to the extent of .1,75,000/-. the petitioner was also directed to deposit the amount and the respondent-employee has withdrawn total amount of rs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it was not admissible in evidence in view of the provisions of section 17 and section 49 of the registration act. the learned trial judge observed that the document was written on stamp paper only. the leaned trial judge issued show cause notice to ..... was not a memorandum of partition but the partition deed and therefore, it was not admissible in evidence in view of the provisions of section 17 and section 49 of the registration act. the learned trial judge observed that the contents of the document showed that it was a partition deed and memorandum of earlier partition and ..... have followed the procedure as stated above. 8. shri bhangde, the learned senior advocate has made an alternative submission relying on the proviso below section 49 of the registration act which lays down that an unregistered document affecting the immovable property and which is required to be registered may be received as evidence for any collateral .....
Tag this Judgment!Court : Mumbai Nagpur
..... patil (cited supra), in which the apex court held that, in absence of any authorisation to sign the whip on behalf of the party, provisions of section 3(1)(b) are not attracted and no disciplinary action can be taken against the members. following observations were made in para 8 in the case of ..... election to a local authority. the politicolegal doctrine of disqualification by defection has been percolated to the elections of local authorities in maharashtra by enacting the act. the act proposes to encourage the elections being fought by group of persons bringing themselves together so as to have a common purpose and by contesting election on ..... appointed as a group leader and his appointment was approved by wamanrao kasawar as a president of the yavatmal district congress committee, who was empowered under the act and rules framed there-under to issue the order through general secretary of yavatmal district indian national congress pursuant to communication dt.27.12.2011. accordingly, .....
Tag this Judgment!Court : Mumbai Nagpur
..... 19,500/ which has been withdrawn by the claimant.5. in asharani's case (supra) provision of section 147(1) prior to its amendment in 1994 was under consideration of the apex court. section 149(2) of the 1988 act enables the insurer to raise defence that the vehicle was used for a purpose which was not allowed by permit ..... under which the vehicle was used. the legislature, as was noted by the apex court, wanted to bring within the sweep of section 147 making it compulsory for ..... ruling in national assurance co. ltd vs. ajit kumar ( supra) to submit that carrying of passengers is not contemplated in "goods carriage" vehicle as contemplated under 1988 act.8. the contention that appellant insurer is not liable to pay the compensation ought to have been proved before the claims tribunal by leading proper evidence. there was no .....
Tag this Judgment!Court : Mumbai Nagpur
..... , rigorous imprisonment for six months. as far as accused no.2 dinesh ramraj yadav is concerned, the learned trial court held him guilty for offence punishable under section 201 read with section 34 of indian penal code, and convicted and sentenced him to suffer rigorous imprisonment for three years and to pay a fine rs.500/-, in default, rigorous ..... , though discussion thereof would be necessary.20. the witness, who can be said to have last seen the accused persons with the deceased, as well has seen the act of accused of commission of offence, is practically pw 7 pushpabai. her husband is also an eye-witness of commission of offence, since prior to pw 7 pushpabai saw ..... particularly in the light of ambiguity in the statements of witnesses.[l] there is no direct or indirect evidence of involvement of accused no.2 in any of the acts which results in screening the evidence of the offence.[m] the case falls in the category of no evidence whatsoever as regards accused no.2.13. to substantiate his .....
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