Court : Mumbai Nagpur
..... , permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorisation and the provisions of this act. 34 section 54 gives power to cancel or suspend licences and permits and there are provisions enabling attachment of licences and supervision over the activities. 35 chapter iva ..... single judge failed to appreciate that the licence was issued on 30.10.2010 under the revisional jurisdiction of the state government conferred vide section 138 of the bombay prohibition act, 1949. that order came to be challenged after enormous delay inasmuch the writ petition challenging that order was filed in this court as ..... grant of fliii licence by his order dated 20.02.2010. 4 aggrieved and dissatisfied with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. the collector submitted his response to the appeal through .....
Tag this Judgment!Court : Mumbai Nagpur
..... pointed out that in service jurisprudence, expression 'cadre' means unit of strength of service or part of it, as determined by the employer. section 248[a] of zilla parishad and panchayat samities act, obliges the state government to make rules to regulate the terms and conditions of service. though the state government has time and again issued ..... no.4 was already b.a. on 01.09.1980, and he also obtained b.ed. on 01.11.1984. in seniority list appellant viman was shown junior to said respondent no.4. respondent no.4 was subsequently promoted as headmaster and statutory appeal filed by viman before the ..... on 01.09.1980. appellant had not completed graduation when she joined, though she possessed requisite qualification for the post of assistant teacher. she completed b.a. in 1984 and thereafter also obtained b.ed. qualification with due permission of school authorities on 20.05.1986. she obtained m.a. (post graduate degree) in 1997. respondent .....
Tag this Judgment!Court : Mumbai Nagpur
..... in claim petition no. 354 of 2006 delivered by the motor accident claims tribunal, buldana. 2. appellants are the original claimants who had filed a petition under section 166 of the motor vehicles act against the respondents claiming compensation of rs.15,00,000/- for the loss caused to them by the death of ganesh. appellant no.1 is the widow of .....
Tag this Judgment!Court : Mumbai Nagpur
..... respondent no.5 was a bonded candidate, which according to him, is totally false and baseless. according to him, the information gathered under the r. t. i. act clearly reveals that no such certificate was issued in favour of respondent no.5. he, therefore, submitted that the petitioner was unnecessarily put to sufferance only because respondents wanted ..... gujar was appointed as a bonded candidate. in support of the contention, the petitioner has filed the information received by him under the right to information act that the certificate of dr. gujar of bonded candidate was never issued nor was it issued by any competent authority. the information received under the r. t. ..... i. act shows that no such certificate, as claimed by dr. gujar, was ever issued by the competent authority and, therefore, the petitioner was put to miscarriage of .....
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..... that it has to clinch the issue. 38. on nature of contract and need of filing a civil suit, he invites attention to the provisions of section 58(6) of the maharashtra irrigation act, 1976, (xxxviii of 1976) and submits that water is made available to the petitioner under that provision. the water policy has been elevated to a ..... disputed issue crops up, attempt to adjudicate it, both in the interest of general public and the parties. state of haryana and ors. vs. lal chand and ors. (1984) 3 scc 634 is relied upon to state the difference between a statutory contract and contract entered into by the state in exercise of its executive power. however, in present ..... rejected by the state government in accordance with law. 33. he has relied upon the judgment in the case of state of haryana vs. lal chand, reported at air 1984 sc 1326, to urge that the present contract is not a statutory contract. the judgment in the case of pimpri chinchwad municipal corporation and ors. vs. gayatri construction .....
Tag this Judgment!Court : Mumbai Nagpur
..... college at chikhaldara in terms of government resolution dated 17-6-1995 constitutes a class by itself. perusal of the maharashtra land revenue code, particularly, section 40 shows that nothing contained in any provisions thereof derogates from rights of the state government to dispose of any land which is property of state ..... possession in advance. according to him, distinction between grant of college and grant of land must be kept in mind while considering the present controversy. section 40 of the maharashtra land revenue code or land disposal rules do not bye-pass business rules and hence the cabinet decision is essential. learned counsel ..... establish claim. he submits that allotment of college to respondent no. 2 is after proper approval from finance department. 15. the resolution passed by the municipal council, chikhaldara and contention of petitioners that they acted to protect ecology and environment of area is criticized by submitting that allotment in favour of navjeevan society .....
Tag this Judgment!Court : Mumbai Nagpur
..... a person entitled to the possession of specific immovable property may recover it in the manner provided by the code of civil procedure, as provided under section 5 of the specific relief act. it is a settled position of law that where the plaintiff is found having title to the suit property entitling him/her to possession, the ..... that plaintiff is owner of suit property and that plaintiff is entitled to recover possession of two suit rooms from defendants and thereby decreed the suit. appeal under section 96 cpc filed by present appellants as against that judgment and order has failed, as aforesaid. 7. learned counsel for appellants argued mainly that alleged sale deed ..... 55) issued by municipal council, buldana showing that plaintiff s house bearing municipal house no. 40 was assessed to building tax of rs. 55/- for the period from 1984-85 to 1987-88. in this assessment list, name of the owner of property is shown as mehatabee and then sheikh rahim. mutation entry (exhibit 56) from the .....
Tag this Judgment!Court : Mumbai Nagpur
..... into consideration the notice dated 27.02.2002 issued by the plaintiffs. as observed herein above, there was no legal requirement of issuing any notice under section 106 of the said act for determining the tenancy. hence, both the courts misdirected themselves while considering the issue of limitation.10. as regards the decision relied upon by the learned ..... of time, it cannot be said that after the period of lease, they continued as tenants holding over in terms of section 116 of the said act. the fact that the plaintiff had claimed arrears of rent from 1984-85 onwards itself indicates that rent was not paid for said period till 09.04.1988. even for the subsequent period, ..... in occupation of the premises. according to plaintiffs rent was paid upto 1984-85. the period of lease came to an end on 09.04.1988 after which there was no extension. by issuing notice under section 106 of the transfer of property act (for short the said act) the tenancy came to be terminated and suit was filed for .....
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..... is clearly malicious. he cited the following decision:- 2015(4) scale 120 : mrs. priyanka srivastava and another vs. state of u.p. and others. [v] section 1 of the judicial officers protection act, 1850 provides for a clear protection from being prosecuted and that is another reason why the complaint should not have been entertained by the learned trial judge ..... the indian penal code, which are all cognizable offences punishable with the sentence above three years. in the case of a.r. antulay vs. r.s. nayak [air 1984 sc 718 at page 718], the supreme court held thus:- it is well recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except ..... land in field survey no.88 admeasuring 1 acre into non-agricultural purpose and using it for public purpose. the copy of the said communication dt. 30.6.1984 is annexed herewith to annexure-xvi. the executive engineer, p.w.d. gave `no objection' for conversion of land. the copy of the communication dated 5/9 .....
Tag this Judgment!Court : Mumbai Nagpur
..... the other material on record. we are satisfied that the confession was voluntary and was not the result of inducement, threat or promise as contemplated by section 24 of the evidence act, 1872. 15.7. dealing with the situation of retraction from the extra-judicial confession made by an accused, the court in rameshbhai chandubhai rathod v. ..... a matter of fact, the conduct of the appellant in immediately showing repentance by causing grievous injuries, which then resulted into the death, offence would rather fall under section 304-i of the indian penal code. therefore, in the alternative, learned counsel submits that if this court is not inclined to set aside the order of ..... on circumstantial evidence. as has been held by the hon'ble apex court in the case of sharad birdhichand sarda .vs. state of maharashtra, reported in (1984) 4 scc 116 that for resting a conviction on the basis of circumstantial evidence, it will be necessary for the prosecution to prove beyond reasonable doubt each and .....
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