Court : Mumbai Nagpur
..... of higher learning, research and specialized studies, hostels and provide housing for staff, on the recommendation of the academic council. next clause permits it to make, amend or repeal ordinances and prepare draft statutes and make recommendation thereon to senate. its clause "d" empowers it to hold, control and arrange for administration of ..... with respect to the other aided institutions. primacy was thus given to the constraints upon the executive in the process to be undertaken to make amends by removing the injustice and hence, state was directed to consider in phased manner and mandate to extend the pension-cum-gratuity scheme issued by this ..... of records, the common seal and properties of the university. section 23 of 1994 act constitutes all salaried officers, members of authorities, committees or bodies, teachers and other employees of university deemed public servants under s. 21 of the ipc.12. in this background section 27 providing the formation of management council needs a .....
Tag this Judgment!Court : Mumbai Nagpur
..... under section 482 of the code of criminal procedure. subsequently, since the first information report is also registered by dhantoli police station, the application has been amended and the prayer for quashing the same has also been made. 4. heard shri d.j.khambata, learned advocate general for the petitioner and shri r.r ..... respondent herein. since during the pendency of the present application, first information report came to be registered by police station, dhantoli nagpur, the application has been amended so as to raise the challenge to the registration of the said first information report. consequently, the state has also prayed for quashing and setting aside the ..... 3(1) (ix) (x) and section 4 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as the atrocities act ) read with section 191, 192 and 34 of the indian penal code. the complaint was lodged on 4th march, 2013. on 6th march, 2013 the senior police station officer, .....
Tag this Judgment!Court : Mumbai Nagpur
..... and consequently no sale of such seeds are regulated under section 7 of the seeds act, 1966; and whereas cotton seed is not an essential commodity within the meaning of the essential commodities act, 1955 as amended by the essential commodities (amendment) act, 2006; and whereas the provisions of the seeds (control) order, 1983 issued ..... under section 3 of the essential commodities act, 1955 are not applicable in so far as they relate to the ..... of the label as may be specified.12th july, 2007 :the essential commodities (amendment) act, 2006 was notified whereby 'cotton seed' was deleted from the act, 1955. by the amendment, section 2-a was introduced in the essential commodities act whereby the central government retained the power to add/ remove any commodity to/from .....
Tag this Judgment!Court : Mumbai Nagpur
..... multiplier of more than 5 should not have been applied and thus, compensation on higher side has been awarded. 7. section 163a of the motor vehicles act, 1988 was introduced by amending act, 55 of 1994 (w.e.f. 14/11/1994). it starts with non-obstant clause, whereby the owner of the offending motor vehicle is made ..... not required to plead or establish that the death or permanent disablement caused due to any wrongful act or neglect or default of the owner of the offending motor vehicle concerned. the central government may considering the cost of living, amend the second schedule by notification in the official gazette from time to time. 8. the ..... object of the legislature is to provide just compensation with necessary uniformity in such cases, so that claim under section 163-a of the motor vehicles act can be heard and decided expeditiously. considering .....
Tag this Judgment!Court : Mumbai Nagpur
..... anything contained in sub-section (1) as in force before the commencement of the maharashtra slum areas (improvement, clearance and redevelopment) (amendment) act, 1986 (hereinafter in this section referred to as "the amendment act") or in any other law for the time being in force, no person shall, except with the previous permission in writing of the ..... date of the expiry of the maharashtra vacant lands (further interim protection to occupiers from eviction and recovery of arrears of rent act, 1980) and the date of commencement of the amendment act, for eviction of an occupier from any building or land in a slum area (which area was earlier purported to be ..... held that where a decree was passed upon an award made under the provisions of the indian arbitration act, 1899, an objection in the course of the execution proceeding that the decree was made without jurisdiction, since under the indian arbitration act, 1899, there is no provision for making a decree upon an award, was competent .....
Tag this Judgment!Court : Mumbai Nagpur
..... ought not have been affected thereby, no court of appeal should set it aside. the appellate court can effectively decide the appeal following section 167 of the indian evidence act. moreover, the appellant insurer had filed pursis closing the evidence at ex. 56 on 05-01-2011 stating that it did not want to examine any ..... the vehicle or vehicles concerned or of any other person. it must be noted that the executive authority of the central government do have requisite jurisdiction to amend the second schedule from time to time considering the trends of rising inflation and changes in rate of interest. it is always desirable that the central government ..... in view the cost of living by notification in the official gazette, from time to time amend the second schedule. section 163-a of the act providing the table prescribing pre-determined structured formula in second schedule of the act is legislative policy aiming at the social security for benefit of the accident victims-disabled or dead .....
Tag this Judgment!Court : Mumbai Nagpur
..... government to collect toll either by itself or through its authorized agents. 8. section 20 of the motor vehicles tax act suffered another amendment in the year 1991 by amendment act 29 of 1991. by the said amendment, provision was made so as to enable the state government to recover the expenditure incurred on the said work which was ..... judgment considering an un-amended provision of section 20 of the motor vehicle tax act, 1958. section 20 came to be amended from time to time. one of such amendment was by amendment act 15/1987. the object and reasons of the said act provided that the state considered it expedient to amend section 20 of the act so as to suitably ..... maharashtra, (supra), the said judgment would not be applicable to the facts of present case. after said judgment was delivered, section 20 of the said act has suffered various amendments which permits even a profit to be recovered. in that view of the matter, the said contention is without any substance. 12. we find that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... determination of the real questions in controversy between the parties. rule 17 of order 6, cpc confers a power upon the court to allow the amendment application if amendment is necessary for determining real questions in controversy. this power is available at any stage of the proceedings and the appeal being continuation of the suit ..... . the courts interpret laws and do not legislate any. it is from this perspective also, applying the provisions of sections 47 and 48 of the indian trusts act to the public trusts without there being any legislation to that effect evolved by the parliament or state legislature, in our view, would be impermissible and ..... learned additional district judge was right in not deciding the application filed by the appellant under order 6 rule 17 at exhibit10, dated 7.4.1994, for amendment of the written statement incorporating the defence about non joinder of proper and necessary parties ? 3. there appears to be some typographical error in formulating the question .....
Tag this Judgment!Court : Mumbai Nagpur
..... independently based upon the length of service at a particular post w.e.f. 1/4/1981. on 7/10/1998 the petition has been amended to add prayer to direct the corporation to act upon the office note dated 1/1/1998. the persons promoted have later on been impleaded as intervenor/respondent nos. 2 to 9. 2. ..... by its deputy municipal commissioner cannot be of any assistance, when the court of law has to construct the provisions made vide resolution no.31 dated 12/4/1976 as amended. 34. advocate shri dhabe has pointed out a general body resolution no.80 dated 28/11/1985. copy of the said resolution is produced on record. copy of ..... /1984, therefore, only deals with the said facet. he further contends that in view of adoption of government policy, later on heterogeneous groups emerged, which necessitated a balancing act while effecting promotion to the post of deputy engineer. the said equilibrium or balance has been struck by providing 50% reservation each for assistant engineers (grade-ii) as also .....
Tag this Judgment!Court : Mumbai Nagpur
..... orders as he deemed fit, why after noticing the wrong practices and concern shown by this court in w.p. 4122 of 2007, no measures to make amends were initiated, is not understood. release of excess quota itself speaks volumes about the unholy nexus operating to the prejudice of common man. hon. minister could not ..... rent controller (munsiff), cannanore and ors. (supra), the hon'ble apex court has considered provisions of section 20(1) of kerala building (lease and rent control) act, 1965. its consideration in para 3 shows how similar provision employing similar phraseology has been found to be much wider as against limited scope of revision available under section ..... 10.07.2012 in regular criminal case no. 52 of 2011, acquitting the accused in person from the offence under sections 3 and 7 of the essential commodities act, 1955. those accused are the persons concerned with administration and management of respondent no. 7. 3. shri gordey, learned senior advocate appearing for the petitioner in .....
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