Court : Mumbai Nagpur
..... issue a writ must be within its territorial jurisdiction either by residence or location. realising the difficulty of the people at large, the parliament amended article 226 by the constitution (fifteenth amendment) act, 1963, and added a new clause (1-a), which was then re-numbered as clause (2) by the constitution (forty-second ..... amendment) act, 1976, and that is what is the extant position. the underlying object of amendment was expressed in the following words:- under the existing article 226 of the constitution, the only high court which has jurisdiction with ..... the passage of time created a situation wherein the original suppression of involvement of the respondent in the prosecution for an offence under section 307 of the indian penal code did not remain so pernicious a misconduct on his part as to visit him with the grave punishment of termination from service on these peculiar .....
Tag this Judgment!Court : Mumbai Nagpur
..... the consent of the guardian in marriage of the petitioner 13[was required under section 5, as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978], the consent of such guardian was obtained by force 14[or by fraud as to the nature of the ceremony or as to any material fact or circumstance ..... and his family members. however, repeated utterance of committing suicide without any good rhyme or reason pushes the husband under the continuous mental pressure of possible prosecution under the indian penal code. we would like to distinguish a behaviour of such type under section 13(1)(ia) and under section 13(1)(iii). section 13(1)(iii) ..... is any questioning or opposition to her then it is a more scary situation for the husband when the penal provisions under section 498a and 304b of the indian penal code are in force against the husband. indeed these are necessary provisions which are protective in nature and take care of the life and interest of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... this petition, initially challenging the acquisition on the ground that there was no opportunity of hearing given, resulting into non-compliance of section 5a of the central act. the petition came to be amended by addition of paras 3a and 3b on the ground that inasmuch as the acquisition was for the purposes of a state highway, the acquisition could not be ..... from the concerned field nos. 169 and 170 is minimal. the respondents have not chosen to file any affidavit in reply after the petition was amended, incorporating the challenge based on the provisions of the state act. 5. we have heard shri r.l. khapre, the learned counsel for the petitioners and mrs. b.h. dangre, the learned government pleader for the .....
Tag this Judgment!Court : Mumbai Nagpur
..... 4-1998 passed by the respondent no. 4 in obedience thereto handing over possession in advance to said respondent is also questioned. the petition has been amended later on seeking the direction to the state government to take back said land and to direct the respondent no. 1 not to handover any government land ..... respondent no. 2 is after proper approval from finance department. 15. the resolution passed by the municipal council, chikhaldara and contention of petitioners that they acted to protect ecology and environment of area is criticized by submitting that allotment in favour of navjeevan society or eklayva residential school which has been done nearabout ..... exclude anybody from lodging competing claims for allotment of land by treating the exercise as private venture. such exclusion is recognized as arbitrary, discriminatory and an act of favouritism violating the soul of the equlity clause embodied in article 14 of the constitution. however, the hon'ble apex court in paragraph no. 67 .....
Tag this Judgment!Court : Mumbai Nagpur
..... preferred. 12. we have carefully considered and applied our mind to the rival submissions and the rulings cited at the bar. we agree with the submission that the amendments in the taxing statute, unless a different legislative intention is clearly expressed, shall operate prospectively. in our view, if the assessee has earned business income and not ..... the facts and circumstances under our consideration in the present case as well. 15. insofar as relevance of section 11 of the general clauses act is concerned, it needs to be noted that here the relevant amendment prescribing distance to be counted must be aerial has come into force w.e.f. 1st april, 2014. the need of ..... cannot be questioned on that ground. for these reasons, section 11 of the general clauses act also has no application in the present matter where the itat was concerned with the assessment year 2009-10 or prior to the time when amendment took effect. 16. we do not find any other substantial question of law to warrant .....
Tag this Judgment!Court : Mumbai Nagpur
..... also knowing the law settled by the constitution bench of the hon'ble apex court in girnar traders (3) (supra). even then, they have not amended the writ petition to incorporate proper challenges. 18. we therefore find recourse to section 127 of the mrtp act, by the petitioners erroneous and misconceived. notice ..... come to halt and public interest would suffer. the provisions introduced by 1984 amendment to land acquisition act, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the land acquisition act are read into acquisition controlled by the provisions of chapter vii of the mrtp act ..... lapsed. they claim that land was already developed and hence, its regularization was sought under the provisions of maharashtra guntherwari developments (regularization, upgradation and control) act, 2001. the persons in possession applied for regularization on 26.04.2006 and 28.12.2007. these applications remained pending and on 02.07.2011, .....
Tag this Judgment!Court : Mumbai Nagpur
..... decisions of the supreme court including the decision in hariharnath (supra), the division bench held that article 137 of the said act was not applicable to an interlocutory application made during pendency of the suit for amending the written statement. in hariharnath (supra) it was held by the supreme court that an application seeking leave to proceed ..... and another 1980 mh.l.j. 675 and judgment of the kerala high court in c. l. cleetus v. south indian bank ltd., and anr air 2007 kerala 301. he then submitted that in absence of any application for condonation of delay, the relief as sought vide exhibit-62 ..... to seek the relief of filing written statement on record without having the delay condoned. in support of the contention that provisions of article 137 of the said act were applicable in the present circumstances, the learned counsel relied upon the judgment of the learned single judge in akola zilla parishad akola v. laxman baluji manatkar .....
Tag this Judgment!Court : Mumbai Nagpur
..... 7424 of 2013 and other connected matters to submit that ordinance introduced on 31/12/2014 to further amend the provisions of section 24 of the act of 2013 is held to be prospective in nature and cannot unsettle the rights accrued in favour of the ..... 02/2015 petitioners have filed civil application no.340 of 2015 seeking leave to amend. leave to amend is only on account of the above mentioned provision of section 24(2) of the act of 2013. 21. thus, the fact of execution of sale deed by ..... filed civil application 240 of 2015 on 10/02/2015 seeking leave to amend the petition basically to bring on record lapsing of reservation in the light of section 24(2) of the act of 2013. 2. in writ petition no.1869 of 1998 on ..... has expired. according to him, the landowners (the petitioners) have not filed any proceedings under section 18 of the land acquisition act and, therefore, no proceedings for enhancement of compensation were pending with the reference court or before any court. as such proceedings .....
Tag this Judgment!Court : Mumbai Nagpur
..... their ownership, was mortgaged with respondent no.1 bank for disbursement of principal loan amount of rs. 15 lacs. though the memo of writ petition has been amended later, these portions have been retained as it is. they have stated that they have continued in possession and enjoyment of that property. petitioner had sought loan ..... shri harish nilkanthrao bante, on 02.04.2013 and filed here for this purpose. 18. the provisions relating to recovery are contained in chapter-v of drt act ie1993 act. it is titled as recovery of debt determined by tribunal ?. section 25 therein is about modes of recovery of debts. as per the said provision, recovery ..... indefinitely delay recovery forcing the buyer to back out. here, the petitioners have revealed same attitude which is unbecoming on their part. moreover, their conduct and act of securing another loan from mahavir urban cooperative bank on the basis of same property dis-entitles them to any relief in extraordinary jurisdiction under art. 226 of .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the management of express newspaper limited (supra). while considering the expression working journalists ? as defined by provisions of section 2(d) of the said act prior to its amendment, it was held that the object of said provision was to make it clear that the employees specified in said clause were journalists and nothing more. in ..... v. state of maharashtra and others. [iv] 2004 i clr 802 workmen of nilgiri coop. mtk. v. state of tamil nadu and ors. [v] 2004 i clr 822 indian petrochemicals corpn. ltd. v. manilal bhanabhai vasava. [vi] (2014) 6 scc 756 national aluminium company limited and others v. ananta kishore rout and others. [vii] 2014(9 ..... to the original applicant in absence of various jurisdictional aspects. in support of his submissions the learned counsel placed reliance on the following decisions. [i] (2001) 3 scc 36 indian banks association v. workmen of syndicate bank and others. [ii] (2004) 1 scc 126 ram singh v. union territory, chandigarh and others. [iii] (2004) 1 .....
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