Court : Mumbai Aurangabad
..... the said judgment, contents of the application which was filed by the respondents raising objection that, the execution proceedings are not within limitation, the counsel for the respondent no. 2 would submit that, this writ petition may be dismissed. 10. i have heard the counsel appearing for the parties. with the able assistance of the counsel appearing ..... when a higher forum entertains an appeal and passes an order on merit, the doctrine of merger applies. the relevant discussion on article 136 of the limitation act is in paragraph nos. 18 to 24 of the judgment in the case of chandiprasad (supra). said paragraphs read thus : 18. the reasons for bringing on the statute book ..... when it it becomes enforceable. 19. article 136 substantially reproduces the provisions of section 48(1) of the code of civil procedure which by reason of the act stands repealed. in that view of the matter, the parliament thought it fit to provide for one period of limitation for an application for execution in stead .....
Tag this Judgment!Court : Mumbai Aurangabad
..... division bench at bombay has taken a view that the government resolution is only recommendatory in nature and cannot be treated as binding on respondent no.2, instant petitions raising identical challenge do not deserve consideration. it has also to be taken note of that since policy prescribed by the government under ..... association. it is further stated that the government of maharashtra, in exercise of powers under section 133 read with sections 131 and 134 of electricity act, 2003, promulgated the scheme of transfer of employees and officers, so also regarding continuation of their service conditions by government notification dated 04.06. ..... , is impermissible. 6. the contentions raised by the petitioners are controverted by respondents contending that respondent-company is registered under section 617 of the companies act and the company can frame classification and recruitment regulations, 2005, being a government company, a legal entity, a juristic person, respondent company is not .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the tribunal erred in observing that the cause of action for earlier suit regular civil suit no.26/1999 and present suit was not the same and that bar of order ii rule 2 of cpc did not apply. applicability of provisions of waqf act were not claimed in the earlier suit and so, the subsequent suit before tribunal was hit ..... not joined as party and defendants claimed that the suit was hit by order ii rule 2 of the civil procedure code, 1908 (hereinafter referred to as cpc? for short) as the applicability of section 56 of the waqf act could have been raised in the earlier suit regular civil suit no. 26/1999. for such reasons, the suit was resisted. 4. the ..... before civil judge, junior division, yeola and came to be withdrawn vide application dated 5.2.2007 on the ground that there is bar under section 85 of the waqf act, 1995 and jurisdiction lies with the waqf tribunal. suit claimed that the defendants no.1 to 3 were in illegal possession pursuant to the lease. suit claims that, pleadings .....
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..... of the petitioners, before us, have pleaded anything about any construction activity or other development after declaration by the planning authority in terms of section 23[2] of the 1966 act. 22. section 23[1] declaration has been made by the municipal corporation, latur on 29.08.1989. as per section 25 it was necessary for ..... not pointed out any such subsequent event or the resulting prejudice, if the time limits are breached. in fact, there is no such effort by them. there is no express provision in the 1966 act any where which states or stipulates that after expiry of said period, as legislation does not envisage any further extension, the municipal ..... corporation, latur. the fact that municipal council, latur is planning authority under section 2(19) of the maharashtra regional town planning act, 1966 (hereinafter referred to as the 1966 act for short) is not in dispute. it had on 29th august, 1989 vide resolution no. 3 declared its intention under section 38 read with section 23(1) of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the discharge of the petitioner because of disability incurred by him cannot be faulted with as the same is in accordance with the provision of section 22 of the army act, 1950 read with rule 13(3) of the army rules, 1954. as the discharge of the petitioner was on recommendation of the invalidating medical board, ruling in ..... , the disability suffered by him in the year 1989 is definitely attributable to the army service. the learned counsel further submitted that as per section 23 of the army act, it is necessary to furnish discharge certificate on removal from service and as the same is not issued, the petitioner needs to be held as continued in service and ..... of its opinion as to cause of disability or disease suffered by the petitioner. clauses 1, 2(c) and 2(d) of the said opinion are reproduced as under : opinion of the medical board 1] did the disability/ies exist before entering service : no. 2] in respect of each disability the medical board on the evidence before it will express its .....
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..... mention that as per the conditions of policy the vehicle was to be given only to a person holding valid and effective licence to drive such vehicle. 4. respondent no.2, dada, driver of the vehicle is examined before the tribunal. his evidence shows that he admitted that at the relevant time he was driving the aforesaid vehicle. he ..... , a distinct licence is required to be obtained. the distinction between a 'transport vehicle' and a passenger vehicle' can also be noticed from section 14 of the act. sub-section (2) of section 14 provides for duration of a period of three years in case of an effective licence to drive a 'transport vehicle' wherein in case of any ..... 'heavy goods vehicle', 'heavy passenger motor vehicle', 'medium goods vehicle' and 'medium passenger motor vehicle' as well as a 'light motor vehicle' in section 2(21) of the act to mean : "'light motor vehicle' means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicants herein, the relief in respect of passing off has not been prayed by respondent no.1. the respondent no.1 herein did file suit against respondent no.2 before district court at kopargaon in which respondent no.2 was sued even for act of passing off . therefore, considering the averments in the said plaints and relief claimed ..... its products hindi and hindi form the subject of the controversy involved. it is further case of the applicants that, respondent no.2 is a private limited company incorporated under the provisions of companies act, 1956 and it also carries on business as distillers, manufacturers and sellers of country liquor. its product named hindi 999 ..... the district court kopargaon against the applicants. it is submitted that suit was filed by respondent no.1 against respondent no.2 before the district court at kopargaon. however, in the said suit, defendant therein is sued for act of passing off and therefore, in the facts of that case, the district court, kopargaon .....
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..... , the magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this code." proviso no.2 to section 143(1) of the act runs as under :- "provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears ..... procedure for summary trials.- (1) in trials under this chapter, the procedure specified in this code for the trial of summons-case shall be followed except as hereinafter mentioned. (2) no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter. " thus, the procedure laid down in the code for ..... 'the act') by the petitioner from criminal revision application no.56/2014. the accused is convicted and sentenced by the learned j.m.f.c. and he is sentenced to suffer imprisonment for the period of two months. he was also directed to pay compensation of rs.3,00,000/- (rupees three lakh) and fine of rs.2,000 ( .....
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..... authority shall satisfy the test provided under clauses (i) and (ii) of clause (d) of section 2(h) of the act, namely, (i) body owned, controlled or substantially financed; or (ii) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government. it is contended that petitioner no.2 is not controlled or substantially financed either directly or indirectly by the funds provided by the ..... and on the advice of university grants commission. thus, petitioner no.2 is established under a notification issued by the appropriate government . 7. section 2(a) of the right to information act defines appropriate government in relation to public authority , which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the central government or the union territory administration, the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... any proceeding relating to any such unfair labour practices. further sub-section (2) of section 21 provides that notwithstanding anything contained in the bir act, 1946, no employee in any industry to which the provisions of the said act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified ..... , individual employees are specifically prohibited from participating in certain proceedings. thus section 20(2)(b) in chapter iv provides that when there is a recognised union for any undertaking, no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the industrial disputes act, 1947 (not being a proceeding in which the legality or propriety of .....
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