Court : Mumbai Aurangabad
..... to such trials:" the aforesaid provision has three parts as under:- (i) notwithstanding anything contained in the code as amended in 1974, the provisions of the special act will apply. (ii) all the offences under this chapter (chapter xvii) of the act shall be tried by j.m.f.c. or by metropolitan magistrate (hereinafter referred to as 'm.m.') and ..... is up to two years of imprisonment, the case falls under the category of 'summons case'. 7. section 4 of the code provides that all the offences punishable under indian penal code (hereinafter referred to as the 'i.p.c.') and also under other laws are to be tried as per the procedure laid down in the code. however, ..... manubhai manjibhai panchal and anr.], the apex court held that the predecessor of the magistrate had recorded the evidence in summary trial and so, his successor could not have acted on that evidence in view of the provisions of section 326(3) of the code. it is further observed by the apex court that in the case involved, only .....
Tag this Judgment!Court : Mumbai Aurangabad
..... as well as evidence of parties because initially claimants sought remedy under section 163a of the mv act and thereafter with permission of this court by making necessary amendment, claim petition was converted into claim under section 166 of the mv act. initially as per beneficial provisions of section 163a, they were not all required to plead ..... by the claimants, the learned member of the tribunal will allow the claimants to carry out necessary amendments to the claim petition for converting the claim petition into a claim petition under section 166 of the motor vehicles act, 1988. (iii) it will be open for the respondents in the claim petition to file their ..... the fact that claim under section 163a was subsequently converted to one under section 166 of the mv act, the learned tribunal held that claimants are entitled for interest from 2-2-2009 i.e. from the date when by effecting amendment the claim was converted to one under fault liability . this is perfectly in consonance with .....
Tag this Judgment!Court : Mumbai Aurangabad
..... acquire the status of secured creditors. pertinently, while inserting section 529-a in the companies act by the companies (amendment) act, 1985, the proviso to sub-section (1) of section 529 was also inserted which provides that the security of every secured creditor shall be ..... in a case of bank of maharashtra vs. pandurang keshav gorwardkar referred supra has observed as under : 59. section 529-a was inserted by companies (amendment) act, 1985. by incorporation of this provision, workmens dues rank pari passu with secured creditors. in other words, the workmen of the company in winding up ..... , unless the assets are insufficient to meet them, in which case they shall abate in equal proportions] the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 1. .... 2. .... 13. enforcement of security interest. (1) ........ (2) ........................ (9) in the case of financing of a financial asset .....
Tag this Judgment!Court : Mumbai Aurangabad
..... affiliated colleges. the ugc (minimum qualifications required for the appointment and career advancement of teachers in universities and institutions affiliated to it) (3rd amendment) regulation 2009, which is published in the gazette of india on 11/07/2009 contemplates that, for the appointment of teacher in universities and ..... university grants commission (ugc) conducts national eligibility test (net) to determine eligibility for lectureship and for award of junior research fellowship (jrf) for indian nationals in order to ensure minimum standards for entrance in the teaching profession and research. the test is conducted twice in a year, generally in ..... the appointment and career advancement of teachers in universities and institutions affiliated to it) (3rd amendment) regulation, 2009. the learned counsel submitted that, as per sub clause 34 of section 2 of maharashtra universities act teacher includes director of physical education. 12. as per government resolution dated 12th august, 2009 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... finding or decision shall be signed and dated by the controlling authority openly at the time of pronouncing it and, when once signed, shall not afterwards be altered, amended or added to: provided that clerical or arithmetical mistake, in findings or decision, or errors arising therein from any accidental slip or omission may at any time be ..... . (6) any inquiry under this section shall be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code (45 of 1860). (7) any person aggrieved by an order under sub-section (4) may, within sixty days from the date of the receipt of the ..... well as several other workers, who are said to be in larger number before the industrial court, ahmednagar. 37. as held herein above, since the payment of gratuity act was a legal obligation cast upon the university, section 7(3a) becomes squarely applicable. the workers have waived interest upto 2005. the entire gratuity amount, as assessed by .....
Tag this Judgment!Court : Mumbai Aurangabad
..... or the date on which elections to the committee are held by the state co-operative election authority, whichever is earlier. it is stated that in view of amended section 73cb of the act, elections are required to be held by the state co-operative election authority, which is yet not constituted. the provisions of section 73cb)1) and (15 ..... co-operative society, the election to the committee and consequent election of the office-bearers which is due on the date of commencement of the maharashtra co-operative societies (amendment) ordinance, 2013, or may become due after such date, until 31st march 2013, shall be held before the 31st december 2013. the aforesaid provisions do not empower ..... managing committee of the society and ought not to have extended term of the committee. reliance can be placed on a judgment of the supreme court in the matter of indian labour co. op. society v/s union of india, reported in 1999 (7) srj 386. the question, that was posed before the supreme court, was , as .....
Tag this Judgment!Court : Mumbai Aurangabad
..... can be used for getting specific performance of contract which is possible under chapter ii of the specific registration act. it also shows that the document can also be used for the purpose of section 53-a of the t.p. act, as amendment deleting this portion was made in the year 2001. the proviso further shows that the document can be used ..... for the purpose of section 107 of the t.p. act provisions of indian registration act 1908 are applicable. there is similar mention in section 49 of the indian registration act. in section 17 of the indian registration act there is also reference to the lease which is compulsorily registrable. 23. section 107 of the t.p. act gives mode, procedure for making the lease which reads as .....
Tag this Judgment!Court : Mumbai Aurangabad
..... education and drugs department, government of maharashtra, vide notification dated 25.11.1982, made an amendment in section 25 of the act of 1961 whereby the ayurvedic practitioners enrolled on the state register of practitioners of indian medicine holding qualification specified in parts a, b and a1 of the schedule appended to the ..... of law. 7. it is further submitted that the state of maharashtra has amended section 25 the act of 1961, on 26th june, 2014. the learned counsel invites our attention to the said amendment and submits that the said amendment entitles the doctors or degree holders of bachelor of unani medicine system to ..... ayurved medicine and surgery and bachelors of unani medicine and surgery recognized under the indian medicine central council act, 1970, ( act of 1970 for short) are having equal status. the schedule appended to the maharashtra medical practitioners act, 1961 ( the act of 1961 for short) does not denote any superiority or inferiority amongst the different .....
Tag this Judgment!Court : Mumbai Aurangabad
..... police officers of chandrapur police station, every year in about 10 cases, he is not at all reliable panch witness for disclosure and consequent recovery under section 27 of the indian evidence act. p.w.-17, the investigating officer has admitted in his cross-examination that p.w.-1 is a stock panch witness. p.w.-18 sanjay ghate was the second ..... evidence of the investigating officer (p.w.-17) is also not of the nature as could prove various disclosures allegedly made by accused persons under section 27 of the evidence act and consequent recovery at the instance of each of the accused persons. 22. p.w.-2 and p.w.-3 have not mentioned the numbers on the currency notes, which ..... sessions trial. 2. accused nos. 1 to 5 were tried for offence punishable under section 395 read with section 397 of the indian penal code (for short, i.p.c.) and section 3 read with section 25 of the arms act, 1959. 3. vide the impugned judgment and order, accused nos. 1 to 5 are acquitted of the offence under section 3 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... reported as 2005 (3) all mr 622 bombay high court (shamrao vishnu kunjir v. suresh vishnu kunjir) this court has discussed the implications of the amendment made by the act of 2000 to the civil procedure code and the provision of order 18 rule 4 of the code. direction is given by this court to see that affidavits are verified ..... and room therein and oral evidence on behalf of plaintiff in support thereof can be considered in support of plaintiff s case contrary to sections 91 and 92 of indian evidence act, when it is contrary to and not in consonance with the contents of the written document ? (3) have the learned courts below erred in granting the ..... done under registered sale deed when the value of the property exceeds one hundred rupees. in this regard one more provision like section 8 of the transfer of property act is relevant and it reads as under :- "8. operation of transfer.-- unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to .....
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