Court : Mumbai Nagpur
..... his family. hence, maximum multiplier of 18 even in accordance with statutorily predetermined structured formula in the second schedule with reference to section 163-a of the motor vehicles act. 1988 could have been considered when the claim application was decided. learned member of the tribunal was in clear error of law not ..... per annum on the unpaid awarded amount from the date of application till realization thereof. the compensation amount would include the amount awarded under section 140 of the motor vehicles act as no fault liability for which compensation at interim stage was granted. 6. i have considered the submissions in the light of rulings ..... just, equitable, fair and reasonable compensation irrespective of the amount claimed in such cases bearing in mind the social welfare objective of the motor vehicles act to adequately compensate the victims of the motor vehicle accidents or their family members who are rendered helpless, aggrieved and disadvantaged by untimely demise of .....
Tag this Judgment!Court : Mumbai Nagpur
..... reasons for such refusal, and furnish a copy thereof to applicant. 9. it can, thus, be seen from the perusal of sub-section (1) of section 22 of the slums act that no person shall except the previous permission in writing of the competent authority institute after the commencement of the maharashtra slums areas (improvement ..... intervenor, supports the submissions made on behalf of the respondent/tenant. 8. for appreciating the rival controversy, it would be necessary to refer to section 22 of the slums act. 22. proceedings for eviction of occupiers [or for issue of distress warrant] not to be taken without permission of competent authority. (1) notwithstanding ..... the respondent/tenant had approached the competent authority with an application seeking a finding that the permission of the competent authority was required under section 22 of the slums act. an order came to be passed by the competent authority on 14th october, 2010 thereby directing the appellant to obtain previous permission in .....
Tag this Judgment!Court : Mumbai Nagpur
..... would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this act. 14. section 19 of the said act is an enabling provision under which a right of a widowed daughter-in-law to receive maintenance from her father-in-law is recognized. proviso to ..... appellant stands crystallized. we, therefore, answer point no.2 in the affirmative and hold that the respondent has proved that she is entitled to maintenance under section 19 of the said act. 22. arguments of learned counsel for the appellant that father of respondent wife should be shown not able to support her and burden to prove such ..... determination. points: [1] whether the respondent proves that she is unable to maintain herself? [2] whether the respondent proves that she is entitled to maintenance under section 19 of the said act? [3] what order? considerations 10. point no.1: according to the respondent, until the death of her husband on 7-9-2009, she was residing in .....
Tag this Judgment!Court : Mumbai Nagpur
..... constitute a district, the talukas which constitute a subdivision, the villages which constitute a taluka, the local area which constitute a village. proviso to this section also enables a wadi and area outside gaothan limits of village to be a village, if population of such wadi/area is not less than 300. sub ..... defines village to include a town or city and all the land belonging to a village, city, town. s.2(3) of the maharashtra zilla parishad and panchayat samities act defines block to mean such local area in a district as the state government may by notification declare to be block under s.5. as per s. 4, the ..... in hilly area. 11. concept of village is in maharashtra land revenue code, 1966, while the concept of block can be found in maharashtra zilla parishad and panchayat samities act, 1961. as per s.4 of the land revenue code, the state government by notification in official gazette specify the districts which constitute a division, the subdivisions which .....
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
..... is rs.49,392/-. in para 26 of sarlavermas case, it is held that percentage of deduction (one-third) prescribed under the second schedule with reference to section 163-a of the act is not an inflexible rule and offers merely a guideline. here in the present case we have to consider that number of dependents claimants were four, hence, ..... with guidelines as follows 40. in what we have discussed above, we sum up our conclusions as follows: (i) in the applications for compensation made under section 166 of the 1988 act in death cases where the age of the deceased is 15 years and above, the claims tribunals shall select the multiplier as indicated in column (4) of ..... other than third party so as to get the benefit of the ruling in meenavariyals case (supra). sections 145 to 164 of the act provides for mandatory third party insurance, which is compulsory for any motor vehicle owner. the objective of the act is to ensure that the third party receive just and fair compensation from the owner of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... ,000/- for the dependents. since claim was restricted below rs.40,000/- per annum by the claimants themselves in this case the computation with reference to section 163-a of the act in view of the pre-structured formula was permissible as held by this court in the new india assurance company ltd vs. shamraos/o balaji chaudhari reported ..... 48,000/- only. in para 26 of sarlavermas case, it is held that percentage of deduction (one-third) prescribed under the second schedule with reference to section 163-a of the act is not an inflexible rule and offers merely a guideline. here in the present case i have to consider that number of dependents claimants were five hence ..... with guidelines as follows 40. in what we have discussed above, we sum up our conclusions as follows: (i) in the applications for compensation made under section 166 of the 1988 act in death cases where the age of the deceased is 15 years and above, the claims tribunals shall select the multiplier as indicated in column (4) of .....
Tag this Judgment!Court : Mumbai Nagpur
..... blood stained clothes at the time of arrest. (vi) seizure of weapons used in the crime i.e. axe and iron rod on a memorandum under section 27 of the indian evidence act. (vii) the chemical analyzer's report finding blood on the clothes seized from the accused and the weapons used in the crime having blood group a which ..... been found with the blood of group a, which is the blood group of deceased harsha and meena. he further submits that on a memorandum under section 27 of the indian evidence act the weapons used in the crime i.e. axe and iron rod have been also seized. he further submits that the medical evidence corroborates with the ..... registered. the police arrived on the spot of incident and arrested the accused. after completion of the investigation, the chargesheet came to be filed for the offence punishable under section 302 of the indian penal code for committing murder of his wife harsha and daughter meena. since the case was exclusively triable by the learned sessions court, it was .....
Tag this Judgment!Court : Mumbai Nagpur
..... to demonstrate that computation of 100% of fixed capital investment as per amendment dated 05.07.1982 is during and for entire period of eligibility while section 41c of the act speaks of gross fixed capital investment as approved on the date of issuance of eligibility certificate. he requested the court to permit the petitioners to ..... . this provision has been further amended with effect from 01.10.1995. as per this subsequent amendment, sub-clause (i) in clause (a) in section 41c of the act is substituted and a concept of approved gross fixed capital investment at the time of grant of eligibility certificates has been added. thus, by virtue of this ..... 1982. the facts stated in this additional affidavit have not been denied by the respondents during later hearings and till date. 5. the provisions of section 41c of the act stipulate that eligibility certificates issued to units like the petitioners shall be deemed to be automatically cancelled on the date on which the cumulative quantum of .....
Tag this Judgment!Court : Mumbai Nagpur
..... jurisdiction over an individual case or class of cases. the permanent bench at jaipur has been established by the presidential order issued under sub-section (2) of section 51 of the act. the territorial jurisdiction of the permanent bench at jaipur is to be exercised in respect of the cases arising in the specified districts. whether ..... two provisions cannot abridge the jurisdiction, the said two provisions need to be looked at in their proper perspective. the said two provisions namely, section 41 of the bombay reorganisation act, 1960 (act no.11 of 1960) and the provisions of chapter xxxi of the bombay high court appellate side rules, 1960 are designed to meet administrative ..... cause of action had arisen in bombay the writ jurisdiction of the high court bench at nagpur stands abridged by reason of the provisions of section 41 of the bombay reorganisation act, 1960 (act. no.11 of 1960) read with the provisions of chapter xxxi of the bombay high court appellate side rules, 1960, we do .....
Tag this Judgment!