Court : Mumbai Nagpur
..... vests in trustees for the purpose for which trust is constituted. in view of this position, it has considered some judgments delivered under the provisions of indian trust act and then recorded a finding that property registered as property belonging to registered trust in fact does not belong to public trust in question. because of this ..... questioned 21 years thereafter. writ petition was initially entertained as pil and after order dated 07.07.2010, treating it as an individual grievance, there are no amendments made in it. the petitioners do not have any status and locus to challenge the impugned order as they have not shown themselves to be interested persons. ..... material under the said provision. as already noted above, the entire consideration of controversy by deputy charity commissioner runs counter to scheme of section 22a of the act as explained by the hon'ble full bench and his application of mind as also approach, therefore, is unsustainable. it appears that the position in law as .....
Tag this Judgment!Court : Mumbai Nagpur
..... summons for judgment. such a course serves no useful purpose whatsoever. the same result can be achieved by the plaintiff merely making a statement at the bar. to amend the plaint, the plaintiff would be required under the rules to take out a chamber summons which itself would take a few years to be decided. thereafter, the ..... a plaintiff at the hearing of the summons for judgment or the options set out in two division bench judgments of this court in m/s. randerian and singh v. indian overseas bank and hydraulic and general engineering v. uco bank (1998 (1) lj 793) are exhaustive? (iii) whether the division bench decision in ajcon capital markets limited ..... in that suit was not based on any agreement and not supported by any enactment. it is further found that contention of plaintiff there, that provisions of interest act bring the claim made therein within the four corners of order 37 was matter of investigation. the learned single judge has relied upon division bench judgment reported at .....
Tag this Judgment!Court : Mumbai Nagpur
..... summons for judgment. such a course serves no useful purpose whatsoever. the same result can be achieved by the plaintiff merely making a statement at the bar. to amend the plaint, the plaintiff would be required under the rules to take out a chamber summons which itself would take a few years to be decided. thereafter, the ..... a plaintiff at the hearing of the summons for judgment or the options set out in two division bench judgments of this court in m/s. randerian and singh v. indian overseas bank and hydraulic and general engineering v. uco bank (1998 (1) lj 793) are exhaustive? (iii) whether the division bench decision in ajcon capital markets limited ..... in that suit was not based on any agreement and not supported by any enactment. it is further found that contention of plaintiff there, that provisions of interest act bring the claim made therein within the four corners of order 37 was matter of investigation. the learned single judge has relied upon division bench judgment reported at .....
Tag this Judgment!Court : Mumbai Nagpur
..... views in column 1 of page 74 as under :" this provision by which transfers and assignments of decrees are made compulsorily registrable was added by an amending act in 1929. there was formerly a conflict of authority as to whether an assignment of a decree creating or declaring rights to or in immovable property ..... in a district in which, and if they have been executed on or after the date on which, act xvi of 1964, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely,--(b) other non-testamentary instruments which purport or operate to create, declare ..... right of ownership of immovable property. it does not require any consideration, which is apparent from the provisions of section 130 of the transfer of property act itself. apart from that, the judgment reproduced above also holds that no consideration is required for assignment. the assignment is to be effected by executing an .....
Tag this Judgment!Court : Mumbai Nagpur
..... the purpose of marriage expenses obtained rs.40000/ from the father of the complainant and thereby committed an offence punishable u/s. 420 of ipc r/w section 3 and 4 of dowry act 1961"4. the learned advocate for the revision applicant contended that the accusations made in the charge (exh.15) were not specific as ..... into the provisions of section 464 in juxtaposition with provisions of section 216 and 217 of the criminal procedure code, in my opinion, if charge is drastically altered or amended after the stage of statement of the accused has been recorded under section 313 of the criminal procedure code, the trial court ought to have adopted cautious and careful approach ..... adjourn the trial as contemplated under section 216 of the criminal procedure code so as to enable either of the parties in the trial to adduce further evidence pursuant to amended or altered charge in the case. this was not done in this case. that being so, it has to be concluded that failure of justice has occasioned .....
Tag this Judgment!Court : Mumbai Nagpur
..... his submission.4. shri deshpande, the learned counsel for the respondent, submitted that the first appellate court was justified in granting the prayer for amendment as the proposed amendment was necessary for effectively deciding the controversy between the parties. the learned counsel for the respondent submitted that the respondent had filed a hindu marriage ..... petition seeking a decree of divorce and the facts stated in the proposed amendment were necessary for deciding the controversy between the parties. the learned counsel for the respondent then submitted that the previous counsel engaged by the respondent had ..... of the year 1994 and, therefore, he was entitled for grant of a decree of divorce under section 13(1)(i)(b) of the hindu marriage act. the petitioner filed the written statement and denied the claim of the respondent. it was stated in the written statement that the respondent had deserted the .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the act is to give children, who have, for some reason or the other, gone astray, to rehabilitate them by providing ..... years'. the juvenile justice act is intended to rehabilitate and take care of both types of children who need care and those who are in conflict with law. the provisions of the juvenile justice act, 2000, as amended by the amendment act, 2006 and the juvenile justice rules, 2007, lays down the scheme ..... or brothel keeper is barred from appearing in the same case for the victims rescued under the immoral traffic (prevention) act, 1956." 6. the juvenile justice (care and protection of children) act, 2000 was amended in 2006 by act 33 of 2006 is a special legislation for children and defines children as 'a person up to the age of 18 .....
Tag this Judgment!Court : Mumbai Nagpur
..... 34 ipc. issue process against them." 5. learned advocate for the petitioner placed reliance upon the ruling in k t joseph vs., state of kerala and another reported in (2009 ) 15 scc 199 and submitted that in view of the amendment to section 202 of cr.p.c. 1973 operating with effect from 23rd june,2006 by central amendment act no. ..... satish tiwari vs. state of maharashtra reported in 2010 all m r (cr ) 2055. this court had observed with reference to section 202 cr.p.c. that amendment effected in the provision in relation to accused persons residing outside the territorial jurisdiction of the magistrate sufficient enquiry is required to be made by the magistrate as process ..... cannot be issued in a mechanical manner upon perusal of the complaint and verification statement only. looking to the avowed object of the amendment this court had made certain observations so as to record that it is duty of the court to give full effect to the provisions of law and respect .....
Tag this Judgment!Court : Mumbai Nagpur
..... paid by the petitioner was comparatively much less. according to him, resolution passed by the gram panchayat on 30th july 1994 is also based upon erroneous presumption that amendment as proposed to 1960 rules by the state government had come into force. he has invited attention to that notification also to show that only the objections and ..... in the legislative history and practice, both in england and india upto the year 1925. honourable apex court has held that whenever that word "rate" was used in indian legislation, it meant a "tax" for local purposes imposed by the local authority and the basis of tax was annual letting value of lands or buildings or in ..... or then the constitutionality of levy of tax or then mode and calculation cannot be and could not have been looked into by any authority functioning under the 1958 act. the contention about alternative remedy is, therefore, misconceived. it also needs to be noticed that the petition has been admitted way back in 1996 and such .....
Tag this Judgment!Court : Mumbai Nagpur
..... exception to the order dated 15/04/2011 passed by the industrial court, akola bench, akola ("tribunal" for short), by which order the application exhibit-9-b as amended by application exhibit-25 was allowed and the respondent company was directed to pay an amount of rs.3,500/- per month as an interim relief to the to. ..... to look to such similar industries or industries as nearly similar as possible in adjoining or other region in the state having similar economic conditions." in so far as the indian hume pipe company's case is concerned, an engineering company was compared with a pharmaceutical company, the relevant excerpt from paragraph no. 38 is reproduced herein under - ..... the dispute was not capable of being settled by conciliation and, therefore made a reference to the industrial court under section 73-a of the bombay industrial relations act. the union has raised as many as 36 demands in its statement of claim and has filed a statement of claim justifying the demands raised by it. the .....
Tag this Judgment!