Court : Mumbai Aurangabad
Decided on : Nov-15-2014
..... cannot sustain. if one goes through the scheme of the special legislation and goes through different chapters it can be said that chapter vi of the act is made for giving provisions for registration of genetic counseling centres, genetic laboratories and genetic clinics. under this chapter there are provisions made for following the ..... against the petitioner for offences punishable under sections 3 and 18 of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994, (for short, "the act"). this order was challenged by filing criminal revision application no.30/2013 by the petitioner and the learned additional sessions judge kopargaon has dismissed the ..... and as the incident in question took place in the 2007, the amended provision cannot be applied in this case. even if this contention is accepted that cannot help the present petitioner. 6. if the provision of section 3 of the act is seen, it becomes clear that person who has obtained registration is .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : May-09-2014
..... political defection in the parliament on the national level and in the state legislatures on the state level, the parliament has amended the constitution of india by the constitution (fifty second amendment) act, 1985. at the level of district, taluka, city and town, different local authorities are charged with the administration of ..... not hold the field in the present case, for subsequent to said decisions/authorities, the maharashtra municipal councils, nagar panchayats and industrial townships act has been amended creating an access for formation of post poll aghadi if formed within a period of one month from election results, which in this case ..... to ensure that all the recognized parties and groups in the corporation are adequately represented in the committees constituted under the corporations acts, the government considers it expedient to amend these acts to provide for the nomination of members of the committees in proportion to the strength of the political parties or groups in .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-27-2014
..... and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under ..... before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder :- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction ..... courts has almost obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not only .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-18-2014
..... concerned to constitute multimember state or union territory level appropriate authority within three months of the coming into force of the pre-natal diagnostic techniques (regulation and prohibition of misuse) amendment act, 2002; provided further that any vacancy occurring therein shall be filled within three months of the occurrence; (b) when appointed for any part of the state or the union territory ..... to the registration of the centre and with regard to the taking cognizance of the matter by the judicial magistrate. 16) statement of objects and reasons in respect of the act (as amended in 2003) shows that, the act seeks to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. the .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Mar-26-2014
..... exercise of revisional jurisdiction. the facts of the reported case show that in that case also decree was given under the ground mentioned in section 13(1)(g) of the act. both the courts below have considered all the material with regard to this ground and this court has no reason to interfere the decision given by the courts below. ..... from the tenant on this point. 18. both the courts below have considered aforesaid material. the decree is given on the ground mentioned in section 13(1)(g) of the act. though the other ground like necessity of the premises for repairs is also held to be proved, there is no convincing evidence on that ground. in any case, even ..... the ground of bonafide requirement of the landlord for occupation by himself under the provisions of section 13(1)(g) of the bombay rents, hotel and lodging house rates control act, the word œhimself? occurring under clause (g) has to be read as himself and members of his family dependant upon him. it is laid down that if the family .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Oct-01-2014
..... and shall follow such procedure as may be prescribed. 7. it must be noted that after incorporation of section 89 by virtue of amendment act of 1999, the provisions of section 16 of the court fees act, 1870 came to be amended, which reads thus: "16. refund of fee: where the court refers the parties to the suit to any one of the ..... as state of maharashtra is concerned. the matters arising in the courts in state of maharashtra shall have to be dealt with in accordance with maharashtra court fees act, 1959. the indian court fees act, 1870 is no longer applicable to the state of maharashtra. we are supported by the division bench judgment of this court in the matter of pushpabai shankerlal ..... below: 3 as we have recently observed in a similar case l.p.a. no.44 of 1968, dated 15.10.1968 (bombay), the said act has been recast in 1959 and the indian court fees act, 1870, is no longer applicable to this state. 12. in view of above, the contention raised by the petitioner in respect of applicability of .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Aug-13-2014
..... who had objected, requested for rejection of aforesaid change report and also for cancellation of new membership which was already done. only the dispute with regard to the amendment to the constitution enabling the institution to make new members is under challenge in the present proceeding. 8. the persons who have objections to the change report took ..... the district judge and the report is accepted. the report was given by the president and secretary (shri. mallikarjunappa bidve and shri. karale) in respect of the amendment to the constitution of shri. mahatma basveshwar education society, latur to enable the institution to make more members. the decision of the district judge is challenged by founder ..... case can be used in the present case. it is laid down by the apex court that "such amendment comes into effect on the date of resolution and not on the date of registration." the provisions of the act show that only in few cases like the change report filed under section 50-a (2) (a) .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Feb-25-2014
..... , matter of "gobindram" could be relied on if the tenancy is in force and suit was filed before recent amendment. the learned counsel pointed out that now there is still further amendment in the waqf act due to the waqf (amendment) act of 2013 and now even suits relating to tenants can be determined by the waqf tribunal under section 83 of the ..... came into force, section 56 has placed restriction on the power to grant lease of waqf property. section 56 of the waqf act (before the recent waqf (amendment) act, 2013) read as under: "56. restriction on power to grant lease of wakf property:- (1) a lease or sub-lease for any period exceeding three years of any ..... waqf act. 8. at the time of arguments, the learned counsel for both sides did not dispute that the earlier suit .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jul-24-2014
..... ) bom.c.r. 772 (national insurance company ltd. vs. ashwini gaude) 11. the apex court has discussed the position of law after amendment effected to motor vehicles act in 1994. the apex court has laid down that due to the amendment, the owner of goods needs to be given cover under the statutory policy. when the policy is sold in respect of goods ..... panchnama. the crime was registered for the offences punishable under sections 304-a, 279, 337, 338 of i.p.c. and not for any other sections, particularly under motor vehicles act. in view of this circumstances, inference can easily be drawn that deceased was travelling as owner of goods, with two bags of food grains in the vehicle. 10. learned counsel .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jan-29-2014
..... wide ranging functions which are now enumerated in the constitution. they are now given a status under part ix a of the constitution introduced by the 74th amendment w.e.f. 1.6.1993. article 243-w lays down the powers of the municipalities to perform the functions which are listed in the twelfth ..... of monopolies and restrictive trade practices commission and former chairman of railway tariff committee, in his monograph œjawaharlal nehru and the planning commission? (published by indian institute of public administration in september, 1964) notes that nehru linked up the work of planning commission directly to the fundamental rights and the directive principles ..... and onerous to fulfill the task and obligations in terms of the municipal law and the planning law. the scheme of the m.r.t.p. act, 1966 act has been set out and what is alleged is that the sanctioned development plan envisages designations, reservations and proposals for providing educational facilities, recreation, entertainment, .....
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