Court : Mumbai Nagpur
..... district by the state government and the judges appointed in such subordinate courts are to be called as the civil judges, as contemplated by section 22 of the said act. section 22a of the said act empowers the state government to fix and alter the local limits of the ordinary jurisdiction of the civil judges by issuing notification in the official ..... of small causes for trial of such suits cognizable by such court, invested in it by the high court in exercise of its powers under section 28(1) of the civil courts act. section 28(1) authorizes the high court to invest any civil judge with the jurisdiction of a court of small causes not exceeding rupees twelve thousand ..... . in case of a place where a court of small causes has not been constituted by the state government, as prescribed by section 5 of the small cause courts act, section 28(1) of the civil courts act empowers the high court to invest any civil judge with jurisdiction of a court of small causes. the said provision, being relevant, .....
Tag this Judgment!Court : Mumbai Nagpur
..... which tax is levied. use of capital value as measure, therefore, does not constitute that tax as tax on capital value of assets. 12. section 124 (1) read with section 176 of the 1958 act permit the state government to make rules. accordingly, rules have been made in the year 1960. rules 3 and 4 of the 1960 rules prescribe ..... action of respondents no. 1 and 2 is unconstitutional and bad in law, is equally misconceived. 1960 rules are the rules framed by the state governments under section 176 of the 1958 act and that provision is enacted by the state government. the gram panchayats have only to implement the law as framed by the state government. 9. a perusal ..... by importing word "rate" as is understood in its technical sense by the constitution bench has to fail. the words "minimum and maximum rate" used in section 124 (1) of the 1958 act does not employ the said word with its technical meaning as explained by honourable apex court in its judgment. 11. list ii in seventh schedule of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... -deed dated 9-6-1965 at exhibit 66 shall, therefore, be covered by sub-section (1) of section 14 of the hindu succession act, 1956. 26. sub-sections (1) and (3) of section 20 and sub-section (1) of section 22 of the hindu adoptions and maintenance act being relevant, are reproduced below: 20. maintenance of children and aged parents. (1 ..... the first time, shall not convert the limited or restricted right into one of absolute ownership under sub-section (1) of section 14 of the hindu succession act, 1956. 27. under sub-section (1) of section 22 of the said act, the obligation of the heirs of the deceased hindu to maintain the dependents of the deceased is only ..... . the obligation so created in respect of parents is only during the lifetime without creating any right or interest, as contemplated under sub-section (1) of section 14 of the hindu succession act, to dispose of the property given for maintenance. 28. in the present case, the plaintiff no.2 has discharged his obligation to maintain .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the districts of gadchiroli. fir no.3001 of 2013 was lodged under sections 13, 18, 39 of the unlawful activities (prevention) act, 1967 read with sections 4 and 5 of the explosives substances act and further read with sections 395, 143, 147, 148,149 and section 120-b of the indian penal code. 2) it is case of the ..... to attain their objectives, howsoever laudable they may be and those who have formed gangs or groups clandestinely to indulge in illegal acts and omissions for collection, transportation, distribution and use of illegal explosives, accessories, arms and ammunition are aided, assisted or helped by the local persons voluntarily or may be even involuntarily, which ..... the other hand the accused applicant and his brother also need to be thoroughly investigated. in my opinion, with stumbling block of section 43d (4) of the unlawful activities (prevention) act as barrier to the plea of the applicant for pre-arrest bail order, the only option for the applicant is to surrender himself .....
Tag this Judgment!Court : Mumbai Nagpur
..... to enable this court to interfere as far as this aspect is considered. i therefore do not find anything wrong with this use of its discretion under section 11 of the 1977 act by the school tribunal.16. by same logic, petitioner mrs. sudha is getting amount equal to 14.3% of the full back wages i.e., ..... 1981 rules also govern and regulate night schools. these provisions are not challenged by the employer at all.8. it therefore follows that provisions like section 4 of 1977 act regarding terms and conditions of service of employees of private schools is squarely attracted in present matters and teaching as also nonteaching staff in night school enjoys ..... by school tribunal is erroneous. tribunal has found that night school before it satisfied the requirements of section 2 (21) of the 1977 act defining what is "recognized" and also its section 2 (24) which defines what is "school". i find that requirements of section 2 (24) explaining what is meant by a "private school" is also satisfied in this .....
Tag this Judgment!Court : Mumbai Nagpur
..... are performing judicial functions or in respect of some provisions; the quasi-judicial functions. that is evident from the reading of several provisions of the b.p.t. act, 1950, namely sections 22, 22a, 22b, 22c, 41a, 41d, 41e, 50, 50a and 51. if these provisions are carefully perused, it will be seen that the enquiry required ..... of making such direction subject to other provisions will be defeated and those words would become nugatory. 40. change brought in scheme of bpt act by adding section 41-a also warrants attention. section 41-a as added in gujarat does not employ following words - and the charity commissioner may also give directions to the trustees or such ..... another...versus...state of maharashtra and others, reported in 2006 (5) bom. c.r. 317 a division bench of this court held that acting under section 41a of the b.p.t. act, 1950 the charity commissioner has overall jurisdiction to supervise even the elections of the trust and issue directions, if necessary. in the case of .....
Tag this Judgment!Court : Mumbai Nagpur
..... the decree passed in suit no.293 of 1917 was clearly one contemplated by section 9 of that act, the object of that section is to discourage people from taking the law into their own hands, however good their title may be. (krishnarav yashwant v. vasudev apaji ghotikar (1884) i.l.r. 8 bom. 371, 375). it provides a summary ..... his title to such property and to recover possession thereof. it thus saves a right of a person unsuccessful in a suit under subsection (1) of section 6 of the said act to establish his title to such property and to recover the possession thereof. the plaintiffs were, therefore, competent to institute the suit in question as contemplated ..... restraining the defendants from executing the decree in a suit based upon the title. irrespective of the fact that there is a decree passed under subsection (1) of section 6 of the sr act of 1963 for restoration of possession, the court is required to consider all the relevant facts, viz. (i) prima facie case, (ii) balance of convenience .....
Tag this Judgment!Court : Mumbai Nagpur
..... we are of the view that the anganwadi sevikas and anganwadi helpers and in particular the present petitioner are 'workman' within the meaning of section 2 (s) of the industrial disputes act, 1947 and the scheme under which they are performing their work, nature of which has already been given by us above is nothing but ..... an 'industry' within the meaning of definition of 'industry' as per section 2 (j) of the industrial disputes act, 1947. we have no doubt that icds scheme is systematic activity in which there is a cooperation between employer and employee. we also ..... that the administrative tribunal constituted under the administrative tribunals act, 1985 will not have jurisdiction to entertain application under the said act. thus, from this judgment, it is clear that the administrative tribunal has no jurisdiction to entertain application under section 15 of the administrative tribunals act for any relief.10. we are aware that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... o shivajirao sangle, dated 17/10/2011 in first appeal no.1146 of 2011 wherein this court had considered the definition of dependent under the workmen's compensation act in section 2 (1) (d), the meaning of dependent is mentioned to include widow, minor son unmarried daughter or a widowed mother and if wholly dependent on the ..... in the application by asking relevant question or by ordering production of document in support of the pleading. but unfortunately this was not done though section 165 of the evidence act confers vast and unrestricted powers on the trial judge (commissioner in this case) to put any question at any time to any witness or to ..... earning of the workman at the time of his death, when the aforesaid fact was specifically pleaded by the appellants in the application under section 10 of the workmen's compensation act and the same was not denied by the respondents in their written statement? the question formulated prima facie appears as compound question, particularly in .....
Tag this Judgment!Court : Mumbai Nagpur
..... an exception. therefore section 149 read with sec. 147 (5) of the act obliges insurer first to satisfy judgment and award and then claim from owner or driver, as the case may be.8. in view of the ..... award, it is open for insurer to put forward this grievance as to liability of owner or driver as the case may be before the tribunal concerned. section 149 of the act leads to conclusion that once assured prove that the accident is covered by compulsory insurance clause, it is for the insurer to prove that it comes within ..... fault, they could sustain a claim and insurer cannot avoid liability. as observed in deepak girishbahai soni vs. united india insurance co.ltd. 2004 acj 934 section 163a is inserted by act 54 of 1994 with overriding effect from 14.11.1994 to provide for a new pre determined structured formula for payment of adequate and rational compensation to road .....
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