Court : Mumbai Aurangabad
Decided on : Nov-11-2014
..... when words are very clear and there is no obscurity and ambiguity, there is scope for the court to innovate or take upon itself the task of amending or alerting the statutory provision. the hon'ble apex court has pointed out that there is a very thin line which separate the adjudication from legislation ..... validation of certificates are found to be unsubstantiated and the certificates obtained by them have been declared as invalid, false or fake. the petitioner by way of amendment to the petition, is also challenging the government resolution dated 30.6.2014 extending the benefits in employment to such categories of employees. 3. petitioner is ..... service under zilla parishd is concerned, a provision is made in the rules framed under the zilla parishad act and therefore, reservation of seats in zilla parishad is occupied field, unless and until those rules are amended, no government resolution for reservation for special backward class in zilla parishad services can be issued and therefore, .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Feb-25-2014
..... road and take possession of the same within six months (the period of six months is now enhanced to twelve months by the amendment of 2009). it was stated in the said notice that the failure of the respondents to utilize the said land for the purpose of reservation shall tantamount to ..... the purpose of development as otherwise is permissible in the case of the adjacent land under the relevant act. 20. the twelve months (as amended by maharashtra act xvi of 2009 dated 25th june, 2009) time frame provided under the act from the date of receipt of the purchase notice under section 127 bind the acquiring body to take steps ..... of the road began which did not even touch the petitioners land. 8. the petitioner, therefore, issued a notice under section 127 of the maharashtra regional town planning act, 1966 (mrtp act?, for brevity, hereinafter) calling upon the respondents to commence the proceedings for fixation of the price of the land reserved for the garden and the ring .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Feb-24-2014
..... a reference made under section 18 prior to 24.9.1984 in respect of land covered by the same notification any award made under section 26, prior to the amendment act had come into force, the award under section 11 is not liable to be reopened for redetermination of compensation even through three months period has not expired by 24. ..... come into force. the amount "awarded" speaks of past tense. in other words there must be an award in existence under section 26 made after the amendment act came into force. the right and remedy to claim redetermination accrues to an interested aggrieved persons after 24.9.1984. the proviso amplifies it when it speaks of exclusion ..... prospective operation of the provisions in section 28a(1) consistent with the language as explained earlier and the object of the amendment.? 8. the issue of delay in filing an application u/s 28a of the land acquisition act, 1894 was considered by the learned single judge of this court in the case of state of goa and another vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-10-2014
..... 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
Decided on : Feb-13-2014
..... 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
Decided on : Aug-01-2014
..... 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
Decided on : Aug-20-2014
..... 226 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 article ..... arise 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 of ..... when oral evidence cannot help the court when it is in the form of words against words by rival parties. considering the implication of section 83 of the indian evidence act, presumption can be drawn in respect of map or plan drawn by competent public official in such cases so as to resolve the controversy between the parties. it .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Oct-09-2014
..... while rest of the petitioners are residents of mumbai. in the circumstances, mr. rajebhosale, learned counsel for the petitioners vehemently submitted that in view of the amended provision of section 202 of the code of criminal procedure, the learned chief judicial magistrate ought to have held the enquiry if the learned chief judicial magistrate ..... was concerned with the unsatisfactory investigation carried by the police though the chargesheet was filed for the offences punishable under section 302, 114, 148, 147 of the indian penal code. in the circumstances, the original complainant has filed complaint before the learned judicial magistrate first class, alleging that in fact initially, the persons who ..... matter as per the provisions of sub section 3 of section 156 of the code of criminal procedure. 4. the learned chief judicial magistrate refused to act as per the said provision and directed that the enquiry as provided by section 202 of the code of criminal procedure shall be held by the .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Dec-17-2014
..... (2) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who tenders a pardon ..... witnesses also to elicit on material part of the prosecution case in the chief examination itself without treating any of the witnesses hostile. section 141 of the indian evidence act, 1872 defined leading question to mean any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question ..... ." similarly, in vikramjit singh v. state of punjab, (2006) 12 scc 306 : (2006 air scw 6197), this court reiterated: "section 106 of the indian evidence act does not relieve the prosecution to prove its case beyond all reasonable doubt. only when the prosecution case has been proved the burden in regard to such facts which .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Sep-11-2014
..... 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 ..... arise 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 ..... 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 .....
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