Court : Mumbai Aurangabad
Decided on : Aug-13-2014
..... who had objected, requested for rejection of aforesaid change report and also for cancellation of new membership which was already done. only the dispute with regard to the amendment to the constitution enabling the institution to make new members is under challenge in the present proceeding. 8. the persons who have objections to the change report took ..... the district judge and the report is accepted. the report was given by the president and secretary (shri. mallikarjunappa bidve and shri. karale) in respect of the amendment to the constitution of shri. mahatma basveshwar education society, latur to enable the institution to make more members. the decision of the district judge is challenged by founder ..... case can be used in the present case. it is laid down by the apex court that "such amendment comes into effect on the date of resolution and not on the date of registration." the provisions of the act show that only in few cases like the change report filed under section 50-a (2) (a) .....
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 : Jul-24-2014
..... ) bom.c.r. 772 (national insurance company ltd. vs. ashwini gaude) 11. the apex court has discussed the position of law after amendment effected to motor vehicles act in 1994. the apex court has laid down that due to the amendment, the owner of goods needs to be given cover under the statutory policy. when the policy is sold in respect of goods ..... panchnama. the crime was registered for the offences punishable under sections 304-a, 279, 337, 338 of i.p.c. and not for any other sections, particularly under motor vehicles act. in view of this circumstances, inference can easily be drawn that deceased was travelling as owner of goods, with two bags of food grains in the vehicle. 10. learned counsel .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : May-09-2014
..... political defection in the parliament on the national level and in the state legislatures on the state level, the parliament has amended the constitution of india by the constitution (fifty second amendment) act, 1985. at the level of district, taluka, city and town, different local authorities are charged with the administration of ..... not hold the field in the present case, for subsequent to said decisions/authorities, the maharashtra municipal councils, nagar panchayats and industrial townships act has been amended creating an access for formation of post poll aghadi if formed within a period of one month from election results, which in this case ..... to ensure that all the recognized parties and groups in the corporation are adequately represented in the committees constituted under the corporations acts, the government considers it expedient to amend these acts to provide for the nomination of members of the committees in proportion to the strength of the political parties or groups in .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Apr-25-2014
..... incumbent upon him to carry out an enquiry or order investigation as contemplated under section 202 crpc before issuing the process." after referring to amendment made in section 202 of cr.pc. by the code of criminal procedure (amendment) act, 2005, in this regard it was further observed in para 11 as under:- "11. we are of the view that the high ..... court has correctly held that the abovementioned amendment was not noticed by the cjm, ahmednagar. the cjm had failed to carry out any enquiry or ..... applicants has submitted that offence was registered at nehrunagar police station, mumbai bearing crime no.204 of 2013 under sections 494, 498a, 420, 504, 506 read with 34 of the indian penal code, and for the same offence respondent no.2 filed private complaint (m.a. no.9 of 2014) r.c.c. no.19 of 2014 before the court .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Mar-26-2014
..... exercise of revisional jurisdiction. the facts of the reported case show that in that case also decree was given under the ground mentioned in section 13(1)(g) of the act. both the courts below have considered all the material with regard to this ground and this court has no reason to interfere the decision given by the courts below. ..... from the tenant on this point. 18. both the courts below have considered aforesaid material. the decree is given on the ground mentioned in section 13(1)(g) of the act. though the other ground like necessity of the premises for repairs is also held to be proved, there is no convincing evidence on that ground. in any case, even ..... the ground of bonafide requirement of the landlord for occupation by himself under the provisions of section 13(1)(g) of the bombay rents, hotel and lodging house rates control act, the word himself? occurring under clause (g) has to be read as himself and members of his family dependant upon him. it is laid down that if the family .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Mar-05-2014
..... corporation vs. lakshmidevamma - air 2001 sc 2090 (five judges' bench) was not considered by the labour court, which rejected the application of the petitioner and allowed the amendment application of the respondent. this order dated 26.12.2005 was not immediately challenged by the petitioner. 14. it is further submitted that the labour court considered the ..... regarding the defeat in the domestic enquiry by the written statement of defence filed by him in the application filed by the management under section 33 of the act. then, if the management chooses to exercise its right it must make up its mind at the earliest stage and file the application for that purpose without ..... any unreasonable delay. but when the question arises in a reference under s.10 of the act after the workman had been punished pursuant to a finding of guilt recorded against him in the domestic enquiry there is no question of the management filing any .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Feb-25-2014
..... , matter of "gobindram" could be relied on if the tenancy is in force and suit was filed before recent amendment. the learned counsel pointed out that now there is still further amendment in the waqf act due to the waqf (amendment) act of 2013 and now even suits relating to tenants can be determined by the waqf tribunal under section 83 of the ..... came into force, section 56 has placed restriction on the power to grant lease of waqf property. section 56 of the waqf act (before the recent waqf (amendment) act, 2013) read as under: "56. restriction on power to grant lease of wakf property:- (1) a lease or sub-lease for any period exceeding three years of any ..... waqf act. 8. at the time of arguments, the learned counsel for both sides did not dispute that the earlier suit .....
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. .....
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