Court : Mumbai Nagpur
..... labour practice, and to assist the industrial or the labour court in discharging their duties. the duties of the investigating officers are also prescribed under section 9 of the said act. section 30 of the said act deals with the powers of the industrial and labour courts, and under subsection (3) therein, such courts are conferred with the same powers, ..... bonus in proportion to the salary or wages earned by the employee during any accounting year over and above the amount of minimum bonus payable under section 10 of the said act, but subject to the maximum limit of 20%. in such a situation, it becomes a corresponding statutory right of every employee to get the bonus ..... the employer has not led any evidence to prove the balance-sheet for the concerned period in support of his claim that the allocable surplus? under section 15 of the said act available with the employer, does not permit declaration of bonus at the maximum limit of 20% on the monthly salary of each employee to be considered .....
Tag this Judgment!Court : Mumbai Nagpur
..... place accordingly, to direct the applicant to go to the appropriate competent authority, as the case may be. we are fortified by the provision of section 4 (2) of the act, since it provides that a caste certificate issued by any authority other than the competent authority, shall be invalid, which clearly means that if ..... the applicant under the garb of satisfying the genuineness of the claim for a tribe certificate. the fact that under the scheme of the act, the caste scrutiny committee constituted under section 6 can verify the caste certificate only after its issuance by the competent authority and not otherwise, clearly shows that the only harmonious ..... and for issuance of a caste validity certificate. caste scrutiny committee is thereafter required to follow the procedure vide sub-section (4) of section 6 for verification and grant of a validity certificate. 11. section 15 of the act then reads thus:- 15. no civil court shall have jurisdiction to entertain, to continue or to decide any .....
Tag this Judgment!Court : Mumbai Nagpur
..... pay the landlord the rent of such land until the amount of purchase price payable by the tenant to the landlord is determined under section 48 of the said act. 11. sub-section (1) of section 41 of the said act dealing with the right of tenant to purchase land, is reproduced below : 41. right of tenant to purchase land. (1) notwithstanding ..... was held by the landlord with effect from the agricultural year next following the date of issue of the certificate, as contemplated by sub-section (14) of section 43 of the said act. 16. section 54 of the said act makes the rights of tenants to be heritable and it runs as under: 54. rights of tenants to be heritable. (1) where ..... continue and remains unaffected. the liability of the tenant to pay land revenue, canal revenue and other cesses also continues. 18. sub-section (14a) of section 43 of the said act was added by section 7 of maharashtra act no.2 of 1962, brought into force with effect from 1-3-1962, and it reads as under: 43. tenant to make .....
Tag this Judgment!Court : Mumbai Nagpur
..... the full bench also found that courts interpret laws and do not legislate any, and therefore, from this perspective also, applying the provisions of sections 47 and 48 of the trusts act, 1882 to the public trusts without there being any legislation to that effect evolved by the parliament or state legislature would not be permissible. ..... a society, a suit for recovery of property at the instance of the chairman, president, secretary of the public trust alone is maintainable under section 6 of the societies registration act ? 6. the learned single judge in the said writ petition also directed the registry to place the matter before the honble the chief justice ..... of the writ petition also came across similar questions. the learned single judge, therefore, framed three questions in the following terms: (i) whether section 47 of the indian trusts act is applicable to a public trust and thus limits the powers of the board of trustees to delegate their powers in regard to institution of suit .....
Tag this Judgment!Court : Mumbai Nagpur
..... the case of bharatiyagramin punarrachana sanstha, the apex court has further held that when the appointment is made on temporary basis, the provision of sub-section (4) of section 5 of the meps act will not be attracted. 21. the law laid down by the apex court in the cases of hindustan education society and bharatiyagramin punarrachana sanstha, ..... of the petitioner though was made on both these occasions by following the procedure prescribed for filling in the permanent vacancy as contemplated by sub-section (2) of section 5 of the meps act, the same cannot be treated as one on probation. 24. the resolution of the management produced on record, passed on 22-6-1991, ..... management has not come forward with a case that the termination of the petitioner is in exercise of the powers of the management conferred by sub-section (3) of section 5 of meps act. in view of this, the order of termination, which is without any reason, cannot be sustained. the tribunal has, therefore, committed an error .....
Tag this Judgment!Court : Mumbai Nagpur
..... given for residence and the duty of such licensee to deliver possession to the landlord on expiry of the period of license. sub section (2) of section 24 of the said act contemplates the consequence of failure to deliver possession on the expiry of the period of license and makes the licensee liable to pay ..... . being aggrieved, each petitioner has challenged said order. 3. shri j. b. gandhi, learned counsel for the petitioners submitted that provisions of section 24 of the said act laying down a separate procedure for recovery of possession were not applicable to premises given for business purposes. said provisions were applicable only in respect ..... directed the parties to maintain status quo with regard to possession. the respondent no.1 thereafter filed separate applications against each petitioner under section 24 read with section 42 of the said act before the competent authority praying that the possession of the shop blocks be directed to be delivered on account of expiry of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... a fragment in any manner becomes void in terms of sub-section (1) of section 9 of the said act. the case of the plaintiff is that the defendant no.2, by executing the registered sale-deed dated 4-7-1978, has transferred 2 acres and 20 ..... were nominal. be that as it may, once it is held that the entire transaction of sale at exhibit 128 was void, being contrary to the provision of section 8 of the said act, the plaintiff fails to establish his claim for possession of the suit land. 27. the trial court has considered the oral and documentary evidence on record to ..... 20 gunthas (1 hectare and 42 ares), situated at village gangalgaon, tahsil chikhli, district buldana. the standard area ? in respect of the suit land has been determined under section 5 of the said act, to be the area of 2 acres of land and this fact is not in dispute. therefore, the transfer or partition of any portion of this land creating .....
Tag this Judgment!Court : Mumbai Nagpur
..... s 389, 420, 504, 506 r/w 34 of indian penal code and 3(8)(x), 3(2)(v) of scheduled caste and scheduled tribe (prevention of atrocities) act and the complaint under section 156 (3) of cr.p.c. filed by non-applicant no.2 and order dated 25.06.2012. ? 2. the applicants in both these applications have invoked ..... the magistrate so also the order impugned on the basis of which the fir came to be registered for offences under section 3 (1) (viii), 3 (1) (x), 3 (2) (v) of the sc and st (prevention of atrocities) act and sections 389, 504, 506, 420 and 341 of the indian penal code. perusal of the complaint nowhere shows that non applicant ..... .2 was political worker and engineer-contractor belonging to the backward class and, therefore, saying so would amount to an offence under section 3(8)(x) and 2(2)(v) of the sc and st (prevention of atrocities) act. insofar as the allegations about other offences are concerned, there is absolutely no material whatsoever in the complaint itself to suggest that .....
Tag this Judgment!Court : Mumbai Nagpur
..... . he further submits that its ratio or a general provision is not attracted when there is a provision to the contrary in a.p.m.c. act. section 39k (1) itself permits board to have regulations for administration of its affairs and hence board has to frame regulations for its functioning and even in ..... not find it necessary to delve more in this judgment. 52. in pandurangeknath khose and ors. vs. state of maharashtra, (supra), again provisions of section 45 of 1963 act are looked into by the division bench of this court. the respondents before the division bench contended that board was effectively consulted before ordering supersession. the petitioners ..... j. 1669, particularly paras 14 and 15. he submits that power to delegate cannot be inferred because of provisions of regulations which can be framed under section 39k of 1963 act, and draws support from the judgment in the case of m. chandru vs. member-secretary, chennai metropolitan development authority and anr ., (supra), particularly para .....
Tag this Judgment!Court : Mumbai Nagpur
..... the case of new india assurance co. ltd. vs. asha rani and others reported in (2003) 2 scc 223, interpreting the proviso to section 95(1) of the 1939 act and section 147 of the 1988 act, their lordship observed that there is a provision for compulsory coverage against the death or bodily injury to any passenger of public service vehicle . it ..... , on the case put forward by the claimant, whether the deceased could be understood as a workman coming within the workmen's compensation act, 1923. therefore, on a plain reading of section 147 of the act, it appears to be clear that the insurance company is not liable to indemnify the insured in the case on hand . 14. ..... death of son of the owner of motor cycle while driving the vehicle. it was observed thus: by taking an 'act policy', the owner of a vehicle fulfills his statutory obligation as contained in section 147 of the act. the liability of the insurer is either statutory or contractual. if it is contractual its liability extends to the risk .....
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