Court : Mumbai Nagpur
..... dealing with some core establishments by itself. it then follows that if any establishment is a factory within the meaning of sub-section (4) of section 1 read with section 2(12) of the state insurance act, irrespective of the fact that it is not covered by the government of maharashtra notification dated 19.11.1976, it would fall ..... persons, the appellant was surely out of area of operation of said notification. but, considering the nature of provisions contained in sub-section (4) of section 1 read with section 2(12) of the state insurance act, the number of persons employed and the activities carried on by the appellant, it is clear, these provisions did cover the ..... though the appellant-establishment is not covered by entry 3 in the schedule to the said notification, it is covered by sub-section (4) of section 1 read with section 2(12) of the state insurance act. 11. upon perusal of this provision relied upon by the learned counsel for the respondent and also the said notification, i .....
Tag this Judgment!Court : Mumbai Nagpur
..... no. 365 of 2009 by member, motor accident claims tribunal no. 1, nagpur. 3. respondents 1 to 4 were the petitioners who had filed claim petition under section 166 of the motor vehicles act, 1988 against respondent no. 5 and the present appellant. it was their case that their youngest brother ramesh jaypal morasiya died in a vehicular accident which occurred on .....
Tag this Judgment!Court : Mumbai Nagpur
..... non-applicants were not the legal representatives of bharatsingh. they also submitted that the suit as filed was not maintainable in view of the provisions contained in section 47 of the civil procedure code. 5. on these pleadings, several issues were framed by the trial court and after considering the evidence adduced by the rival parties, ..... though there is concurrent finding of facts given by both the courts below, taking into consideration the validity of so-called wills in or about the years 1884 and 1904 and the previous litigation between the parties, second appeal stands admitted.? 10. it is obvious from the above statement that even though the appeal ..... rule 1 c.p.c. which relates to judicial action which is manifestly incorrect. the rule stated in order 47, rule 1 is in two parts, first relating to acts attributable to the applicant, and second to jural actions patently erroneous. for convenience, it is reproduced thus 1. application for review of judgment. (1) any person .....
Tag this Judgment!Court : Mumbai Nagpur
..... taken from the definition under section 32 of the indian penal code for the aforesaid exercise. section 32 reads thus, 32. words referring to acts include illegal omissions in every part of this code, except where a contrary intention appears from the context, words ..... failure on the part of the tribunal to add him as a necessary party to the appeal. actuscurie neminem gravabit is a principle of wider import. the word act must also be read omission for harmonious construction and meaning for carrying forward the idea of the said principle to do justice. 5. support can also be ..... which refer to the acts done extend also to illegal omissions.? that being so, the omission on the part of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... have to be seen whether the respondents, as submitted by them, fulfilled the remaining conditions required for giving them status of 'deemed tenants' under section 6 of the tenancy act. definitely, there would be an issue in this regard which would require adjudication in accordance with law. this issue would be; "whether the defendants ..... , the presumption of ownership under section 110 of the evidence act was raised in favour of the respondents and it stood unrebutted. thus, the first appellate court found that the respondents proved their ownership ..... ) 5 scc558. 7. it is seen from the impugned judgment and decree of the first appellate court that it has drawn presumption under section 110 of the evidence act to reach the conclusion that the respondents being in lawful possession of the suit field and the appellants having proved their case of permissive possession .....
Tag this Judgment!Court : Mumbai Nagpur
..... such properties by way of oral transaction of family settlement for, it would amount to an exchange within the meaning of the term defined under section 118 of t.p. act. in the instant case, there is clear evidence available on record showing that partition of the ancestral properties took place in the year 1951 wherein ..... parties have remained in possession ever since that date without there being any question raised, the doctrine of part performance applies and, therefore, bar under section 54 of t.p. act is in reality removed. so, these two cases indicate that an oral agreement whereby there is an actual exchange of two immoveable properties between the parties ..... tenants in common. if their interests in the properties are separated, any mutual transfer of properties in between them would be in reality an exchange under section 118 of t.p. act requiring its compulsory registration, so submits shri masood shareef. he further submits that in any case, in the instant case, there has been no .....
Tag this Judgment!Court : Mumbai Nagpur
..... the year 1996, prior to the marriage between deceased kishore and appellant no.1. the appellants had claimed, as seen from their application filed under section 8(4) of the act, 1923, that deceased kishore had divorced the first wife the respondent on 22/5/1996 by mutual consent in accordance with the usages and customs of ..... the appellants jointly and the remaining part to the respondent alone. 4. since the appellants were not satisfied with this order, they moved an application under section 8(8) of the act, 1923 for variation of distribution order passed on 08/11/2011 before learned commissioner, chandrapur. however, learned commissioner did not find any substance therein and ..... no.1 is widow and appellants no. 2 to 4 are children, being legal heirs and dependents of deceased kishore tode, filed an application under section 8(4) of the act, 1923 for distribution of the compensation amount. it was stated by the appellants that the respondent was the first wife of the deceased, but was .....
Tag this Judgment!Court : Mumbai Nagpur
..... nor perversity in rejecting the application moved by the defendant for amendment of his written statement so as to incorporate his defence based upon the provisions of section 20 of specific relief act. it is seen from the judgment of the first appellate court that he has in fact considered all these defences which were sought to be added ..... these reasons, this case cannot be seen to be falling in any of the instances mentioned in clauses (a) to (c) of subsection (2) of section 20 of specific relief act. then, no details of pending litigations have been given so as to make out the case that the defendant was cheated into signing stamp papers, as required under ..... amendment of the written statement, by which amendment was sought to be made so as to incorporate the defence of the defendant based on the provisions of section 20 of the specific relief act, 1963? 9. i have heard shri abhay sambre, learned counsel for the defendant and shri s.r. deshpande, learned counsel for the plaintiff. with .....
Tag this Judgment!Court : Mumbai Nagpur
..... plead and prove the exception if it intends to take benefit or shelter under exception provided for in section 124-a of the indian railways act. such a plea must be made in reply to the claim application and specific evidence ought to be led to defeat the claim application. ..... his left hand. the railway administration opposed the claim on the ground that it cannot be termed as an untoward incident within the meaning of section 123 (c) of the indian railways act, 1989. it is also contended that it was a self inflicted injury and therefore, the claim applicant was not entitled to receive compensation. 3 ..... mention on the ticket exh.a.w.1/1 that it was for train no.564 only. under these circumstances, within the meaning of section 123(c)(2) of the indian railways act, accidentally falling of any passenger from the train carrying passengers is covered within the definition of untoward incident . railway administration is under obligation to .....
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 .....
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