Court : Mumbai Nagpur
..... district judge, wardha modified order dated 5th august 1994 and issued injunction in respect of two rooms of western side out of the suit house. the plaintiff proposed amendment in the plaint which was allowed vide exh. 50 the application dated 15.2.1995. the plaintiff contended that on 17.6.1991, second defendant had forcibly dispossessed ..... full description of the suit house was not given in the plaint and that suit was barred by limitation as suit under section 6 of the special relief act is required to be filed within six months of dispossession.3. the trial court upon evidence led, found that the plaintiff was forcibly dispossessed of five rooms ..... 6. i have heard submissions at the bar. it is contended on behalf of the appellants ( ori. defendants) that the trial court ought not to have permitted amendment in the plaint which allowed the plaintiff to introduce case of dispossession after efflux of a year of alleged forcible dispossession. it is further contended that the courts below .....
Tag this Judgment!Court : Mumbai Nagpur
..... states that in present matter direction to transfer the shop of present petitioner to shyam nagar, mouza somalwada, needs to be issued in the light of this amended provisions satisfying that no transfer fee can be charged from the petitioner.11. he has also relied upon the judgment of hon'ble apex court reported at air ..... or no prejudice, is not at all relevant in such circumstances. judgments of hon'ble apex court reported at air 2003 sc 2120 (harbanslal sahnia and another .vrs. indian oil corporation ltd. and others) and reported at (2009) 8 scc 339 (national thermal power corporation ltd. .vrs. mahesh dutta and others), are also relied upon ..... legal position in this respect. learned addl. government pleader contends that there is no review undertaken by any authority in the matter and the provisions of prohibition act read with maharashtra country liquor rules are being rightly implemented.13. mrs. dangre, learned addl. govt. pleader points out that the alleged fire in his establishment .....
Tag this Judgment!Court : Mumbai Nagpur
..... ought to have held the insurer, the owner /driver of the vehicle jointly and severally liable to pay compensation under section 140, in view of chapter x of the said act.3. in the result, the respondent i.e. owner/driver /insurer shall be liable to pay jointly and severally in the sum of rs. 50,000/ as awarded ..... the appellantowner of the offending motor vehicle bearing registration no: mh 31 h:8203 challenges the interim award which was passed under section 140 of the motor vehicles act, 1966 ( in short "the said act") on the ground that the learned member of the motor accident claims tribunal, nagpur ( in short "the tribunal") wrongly exonerated the insurer company from joint ..... the time of recording of the evidence in the main petition, under section 166 of the said act. at the stage of proceedings u/s 140 of the act, the liability of the owner and insurer as mentioned in chapter x of the act, is an absolute liability without fault and owner as well as insurer and/ or driver are jointly .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the courts below. the appeal has to be dismissed on this count. the plaintiff and original defendant no.2 are, however, in view of section 65 of the indian contract act, are liable to refund the amount received in the sum of rs. 36,000 / as earnest money to the appellant ( first defendant ), along with interest at the ..... , the agreement turned out to be void or impossible of performance, but the plaintiffs and original defendant no.2, in view of the section 65 of the india contract act, are liable to restore back the advantage received from the appellant or to make compensation for it to the first defendant (appellant) from whom they had received it. an ..... collector to enable class ii occupant allottee from the government land to transfer the land, therefore, no sale deed could have been executed. under art. 113 of the act of 1963 residuary article clearly provides for period of limitation of the years from the time when the right to sue accrued. in the present case, the collector of .....
Tag this Judgment!Court : Mumbai Nagpur
..... under the same award, without an undertaking by the land holder that he would not seek enhancement of compensation under the provisions of the land acquisition act. the landholder having surrendered possession of the retainable land and being in possession of the surplus land, has approached this court by way of writ petition ..... seek enhancement of the compensation. the compensation has been awarded to the expropriated landholder in respect of his lands under the provisions of the land acquisition act by passing an award thereunder. notwithstanding the fact that the award describes payment of such compensation as exgratia, the landholder has a right to seek its ..... that the claimants would only be entitled to compensation for the land which remained with them after the application of the urban land (ceiling and regulation) act. this authority is of no assistance to the respondents. if anything this authority is against the respondents inasmuch as it also recognises that the government does .....
Tag this Judgment!Court : Mumbai Nagpur
..... company to satisfy the award and then to recover the amount along with amount of no fault liability from the insured by filing execution proceedings as contemplated under the act and after obtaining necessary certificate, if necessary, from the collector concerned to enforce the recovery as arrears of land revenue. hence, no ground is made out for ..... then recover the amount of compensation paid to the claimants from owner or driver as the case may be in accordance with the provisions of the motor vehicle act. there appears no deviation from this principle in the ruling cited before me. under these circumstances, for the reasons stated above, i do not find any ..... . (cited supra). the apex court, while recording summary of findings in para 110, appears to have concluded thus : " where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149 (2) r/w. sub-section (7), as .....
Tag this Judgment!Court : Mumbai Nagpur
..... statutes must be read together. i do not find anything in these observations which militates with conclusions by hon'ble apex court in sarva shramik sangha vs. indian smelting & refining co ltd and others (supra). in latter judgment, in paragraph 23 hon'ble apex court has also given reasons for arriving at a particular ..... industrial development corporation vs member industrial court (supra), i, have considered in detail all precedents and judgment of hon'ble apex court in sarva shramik sangha vs. indian smelting & refining co ltd and others (others) in paragraph 9g, where observations of hon'ble apex court in para 21 are extracted and relied upon. the ..... enacted to provide for the regulation of the relation of employers and employees in certain matters and to consolidate and amend the law in relation to the settlement of industrial disputes. the u.l.p. act was enacted to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state .....
Tag this Judgment!Court : Mumbai Nagpur
..... suit is not for specific performance. on the contrary, he is claiming acquisition of title by perfecting it because of his so called adverse possession. while amending the plaint, he has accepted that his prayer for temporary injunction has been rejected. he also claimed forcible dispossession thereafter. sale deed dated 08.09.2009 ..... "ut lite pendente nihil innoventur" (during a litigation nothing new should be introduced) has been statutorily incorporated in s. 52 of the transfer of property act, 1882. a defendant cannot, by alienating property during the pendency of litigation, venture into depriving the successful plaintiff of the fruits of the decree. the transferee ..... of codefendant / subsequent purchaser to the suit was merely for securing relief of specific performance as contemplated by section 19(b) of the specific relief act. the declaratory relief was claimed against the subsequent purchasers the said claim was superficial and no court fees was required to be paid in that regard. .....
Tag this Judgment!Court : Mumbai Nagpur
..... india & ors. reported in (1997) 3 scc 261 and therefore abridgement by a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article ..... 227. at the same time, it must be remembered that such statutory amendment does not correspondingly expand the high ..... 32 : " (23) in mirajkar air 1967 sc 1 a ninejudge constitution bench considered the history of writ of certiorari and after considering the various english and indian decisions came to the conclusion "certiorari does not lie to quash the judgments of inferior courts of civil jurisdiction". (emphasis supplied) (see scc p.18, para .....
Tag this Judgment!Court : Mumbai Nagpur
..... was held that there was no repugnancy between the material sections of the provincial small cause courts act and section 28 of the civil courts act. there was nothing unconstitutional in the amendment of section 28 by the amending act. the said judgment is also of no help to respondent no.2.33. from the provisions pointed out above and the ..... .26. in the judgment of the full bench of this court in narayan sitaram mulay and others v. bhagu bin ganga ghanekar and others, reported in 1907 the indian law reports (vol.xxxi) (bombay series) 314, the question involved was whether a court invested with small cause court's powers is governed by para 1 or ..... section 26 of the small cause courts act, irrespective of the value of the subject matter of such suits.25. shri chandurkar, the learned counsel appearing for respondent no.2/landlady, has relied upon the following judgments : (i) narayan sitaram mulay and others v. bhagu bin ganga ghanekar and others 1907 the indian law reports (vol.xxxi) (bombay .....
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