Court : Mumbai Aurangabad
..... statute to the contrary, it is the duty of the authority to act judicially and the decision of the authority is quasi judicial act. (ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then although there are no two parties apart from authority and the contest is between the authority ..... proposing to do the act and the subject opposing it, the final determination of ..... take. we accordingly hold that the state government disposing of an appeal against an order of externment is not under a duty to act judicially and does not exercise a quasi judicial power. no obligation to give reasons can, therefore, be imported in the exercise of the power of the state government in disposing of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and quashing such decisions may impose heavy administrative burden and lead to increase in un-budgeted expenditure. shri apte relied on peerless general finance and investment company vs. rbi, 1992(2) scc 343, to contend that the court has to maintain delicate balance between the public interest and individual interest by taking into account ..... supreme court in the matter of bhaveshd. parish vs. union of india, reported in 2000 (5) scc 471; peerless general finance and investment company limited vs. reserve bank of india, reported in 1992 (2) scc 343, as well as in the matter of pallavirefractories vs. singareni colleries co. limited etc. (supra), for contending that ..... government to limit the multiplier factor for rural area to any figure below 2 particularly when there is no policy or guideline prescribed by the statute for doing this. no such discretion is provided in the act of 2013 and, as such, these judgments are of no assistance to respondent - state. 45. it is required to be kept .....
Tag this Judgment!Court : Mumbai Aurangabad
..... judgment have not been considered at all. it is surprising to note that the school tribunal came to a conclusion that a temporary employee has no right of hearing and no enquiry is required for terminating his services despite the order of termination being stigmatic. 37. in my view, the impugned judgment of the school ..... that the impugned order of the school tribunal is perfectly justified and is neither erroneous nor perverse. 23. shri panpatte, learned advocate appearing on behalf of respondent no.3 submits that the third respondent had not issued the order of termination. it could not have issued such an order. based on the material before it, ..... also on record. it is not in dispute that the maharashtra employees of private schools (conditions of service) act, 1977 ( the meps act for short) is applicable to the respondent institution. 29. section 5(1) and (2) of the said act read as under:- "5. certain obligations of management of private schools:- (1) the management shall, as soon .....
Tag this Judgment!Court : Mumbai Aurangabad
..... petitioner and accordingly, the matter is taken up for final hearing. therefore, whatever consequences would follow under relevant rules for non-compliance of not serving respondent no.2, because the writ petitioner did not furnish copies of the writ petition to send the notices, will have to be suffered by the petitioner. the court of ..... or maintenance of their families. therefore, i find considerable substance in the arguments of the learned senior counsel appearing for respondent nos.3(a) to 3(h) that, section 2 (11) of the said act defines that person includes a joint family. 17 though, the learned senior counsel submitted that, the lease was for sugarcane under ..... section 43a and the provisions of various sections of the said act, would not apply, needs no consideration in view of the fact that, .....
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..... reasons recorded above, the writ petition deserves to be allowed partly and same is accordingly allowed partly. the order dated 21.05.2012, issued by respondent no.2, appointing respondent no.4 as superintendent of the takhat sachkhand shri hazur apchalnagar sahib board (gurudwara board), nanded, with effect from 22.05.2012, is quashed and set aside ..... and secretary of gurudwara board from 1969 up to 1990 and he is at present secretary to the sachkhand hazuri khalsa, diwan, nanded) since 1984. petitioner no.2 is a member of the bidar gurudwara nanakjira, bidar. 3 on 10.07.2000, the state government, by issuing a notification, superseded the regularly constituted board ..... laws framed in exercise of powers conferred under section 62 of the gurudwara act of 1956. the relevant bye laws prescribing appointment of superintendent are bye laws no.17 to 21, which read thus: 17 appointment of superintendent under (v) of sub-section (2) of section 62 subject to the provisions of section 35 and the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the petitioner and accordingly, the matter is taken up for final hearing. therefore, whatever consequences would follow under relevant rules for non-compliance of not serving respondent no.2, because the writ petitioner did not furnish copies of the writ petition to send the notices, will have to be suffered by the petitioner. the court of ..... or maintenance of their families . therefore, i find considerable substance in the arguments of the learned senior counsel appearing for respondent nos.3(a) to 3(h) that, section 2 (11) of the said act defines that person includes a joint family. 17 though, the learned senior counsel submitted that, the lease was for sugarcane under ..... section 43a and the provisions of various sections of the said act, would not apply, needs no consideration in view of the fact that, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... were recorded by shri jaydeo y. ghule, the then learned judicial magistrate, first class, dhule. similarly, on 16.2.2009 shri jaydeo y.ghule, learned magistrate has taken the notes of evidence of prosecution witness no.2-popat gangaram patil. 9. from the record, though it does not appear as to whether shri jaydeo y.ghule was ..... , ceases to exercises jurisdiction therein and us succeeded by another judge or magistrate who has and who exercises such jurisdiction, the judge of magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: provided that if the succeeding judge or magistrate ..... cannot appreciate the evidence only on the basis of evidence recorded by his predecessor. section 326 (3) of the code does not permit the magistrate to act upon the substance of the evidence recorded by his predecessor, the obvious reason being that if succeeding judge is permitted to rely upon the substance of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... compulsory to register the document. in view of provision of section 107 of the t.p. act the transaction itself was invalid. so, in the present case there was no question of specific performance of contract under chapter ii of the specific relief act. in any case, no such relief was claimed by the defendant under the aforesaid document. 29.the defendant has claimed protection ..... of possession by using section 53-a of the t.p. act. the aforesaid provision of section 49 of the registration .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (in short 'the act'). the tribunal has granted compensation of rs. 9,50,180/- with interest at the rate of 7% p.a. from the date of petition. the owner of the offending vehicle has filed first appeal no. 439/2007 and the insurance company has filed first appeal no.927/2007. all the sides are heard. 2. according to the claimants, ..... place. it is contended that manohar was seriously injured in the accident and he succumbed to the injuries on 26.6.2003. 4. the original claimant no.1 is the widow of deceased. claimant nos.2 and 3 are minor son and daughter of deceased. the age of the issues was 16 years and 10 years at the relevant time. it is ..... supreme court cases 428 [oriental insurance company limited vs. sudhakaran k.v. and ors.]. the apex court has discussed the relevant provision, section 147 of the act and the relevant observations are made at paragraph no.25 which are as under :- "25. the law which emerges from the said decisions, is : (i) the liability of the insurance company in a .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and also when words "means and includes" are used. for said purpose they draw attention to paragraph no.22, which is reproduced herein below for ready reference:- "22. section 2(bb) of the id act as initially introduced by act 54 of 1949 used the word "means.. and includes" and was confined to a "banking company" ..... amendments pursuant thereto into the municipalities act. 84. sections 2(d), 2(e), 3 and 7 of the mlamd act, reproduced hereinbefore would evince that the disqualification proceedings against councillors of nagar panchayat under the mlamd act may not be able to be taken up by respondent no.1. 85. there is no dispute, rather position is indipustable that ..... on a decision by the supreme court in the case - civil appeals no.10452 - 10457 of 2010 kedar s. deshpande vs. bhor municipal council and others reported in (2011) 2 scc 654, wherein according to respondent no.1 it has been considered that the act of forming different group and resigning the previous political party amounts to .....
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