Court : Mumbai
Decided on : Apr-07-2014
..... these two factors: (a) it must examination-in-chief; and (b) it must be an affidavit. this means that it must conform to the requires of the indian evidence act, and to the provisions of cpc order 19, rule 3. a document that does not is, therefore, neither an affidavit nor examination-in-chief for the purposes of ..... an application for striking out portions of the plaintiff's affidavit in lieu of examination in chief. that application was accepted. the plaintiff then moved an application for amendment. that application too was dismissed. the high court refused to stay the operations of its orders. the only question before the supreme court was whether the high court ..... by the bombay high court and later by the supreme court on appeal. the supreme courts stress was on the mischief sought to be avoided by the 2002 amendment to the cpc, viz., continued delay in completing trials. this is apparent from the emphasised portion of paragraph 32 that i have quoted earlier. harakchandgulabchand was a .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-04-2014
..... include `ezhuvas' and `thiyyas' known as `thandan' and assuming that the two were different at all relevant points of time, the fact that the position was not clear till the amendment act of 2007 made a clear distinction between the two would entitle all those appointed to serve the state upto the date of the ..... amending act came into force to continue in service. 33 .. 34. in the result these appeals fail and are, hereby, dismissed. we, however, make it clear that while the benefit granted to ..... against vacancies reserved for the scheduled tribes on the basis of scheduled tribe certificates, issued to them by the competent authority, under the constitution (scheduled tribes) order, 1950 (as amended from time to time) relating to the state of maharashtra and whose appointments had become final on or before 28.11.2000, shall not be affected. however, they shall not .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-2014
..... to grant leave. 27. as noted earlier, the respondent filed application under section 24 of the maharashtra rent act. the preamble of the act reads as under: whereas it is expedient to unify, consolidate and amend the laws prevailing in the different parts of the state relating to the control of rents and repairs of certain ..... licensees of premises given on licence for residence. a special procedure laid down under chapter viii governs the application made under section 24 of the said act. the said act contemplates a summary disposal of the applications. by the very nature of the proceedings as reflected from the aforesaid statutory provisions, the jurisdiction of competent authority ..... the licence so created by respondents no. 4 and 5 in favour of petitioners cannot be revoked in view of section 60 (b) of the indian easements act, 1882 (for short 'easements act'). this is also a substantial defence to the application filed by respondents no. 4 and 5 under section 24 of the maharashtra rent .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-2014
..... . pande, ex head master of bansidhar agarwal school was not connected with the management. the management had filed a copy of schedule iii maintained under bombay public trusts act, 1950 as regards the amendment on the constitution of trust which permitted the trust board of the management to nominate or appoint an employee or a person not related to the trust or ..... nominates a person not related to trust or institution for any administrative work or investigation or any committee including enquiry committee formed under the government act or the rules. it was submitted that pursuant to this amendment, a resolution has been passed appointing mr.pande as a member in the enquiry committee. as far as the matters of internal administration are concerned .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Mar-28-2014
..... , where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the indian registration act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of the property ..... the reference proceedings on 26/4/2007 awarding the amount of compensation of rs.5,66,027/- with interest in favour of the goa co-operative bank. by an amendment to the written statement, the defendants no.6 and 7 stated that the will dated 22/1/1999 was executed by the original plaintiff no.1 only with the ..... reads as follows: 105. bar of jurisdiction of courts- (1) save as otherwise provided in this act, no court shall have jurisdiction in respect of - (a) the registration of multi-state co-operative society or its bye-laws or of an amendment of the bye-laws; (b) the removal of board of directors; (c) any dispute required under section .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-27-2014
..... to the director or, as the case may be, the deputy director for this purpose.? section 3 prior to its amendment reads as follows: 3(1) the provision of this act shall apply to all private schools in the state of maharashtra, whether receiving any grant-in-aid from the state government or ..... termination, dismissal, retirement or superannuation etc. qualifications, pay-scales, promotional avenues, leave, departmental inquiries etc. provisions of act and 1981 rules framed thereunder regulate all these aspects. 10. amendment to section 3 of apmc act with the case laws cited by us clearly reveals an intention only to exempt the minority institution from provisions regulating the ..... there is no dispute that petitioner no. 2 is a minority institution. section 3(2) of the meps act, as amended, reads thus: (2) notwithstanding anything contained in sub-section (1), the provisions of this act shall not apply to the recruitment, of the head of a minority school and other persons (not exceeding .....
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
Decided on : Mar-25-2014
..... therefore a tremendous change even conceptually is being seen in the legal horizon so far as the punishment is concerned. looking to the new enactments like pcfso act and amendment to ipc in relation to rape which have taken place keeping in mind the rising graph of sexual offences and especially of sexual offences against children and public outcry in ..... minor girl but also had forcible anal sex with her and also caused serious injuries to her head. would the society not expect such depraved act to be dealt with in a stern manner? we also cannot ignore the recent amendments in the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... act in the heinous and gruesome rape and murder of nirbhaya. the amendment as a matter of fact echo's the sentiments of the society at large. the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2014
..... therefore a tremendous change even conceptually is being seen in the legal horizon so far as the punishment is concerned. looking to the new enactments like pcfso act and amendment to ipc in relation to rape which have taken place keeping in mind the rising graph of sexual offences and especially of sexual offences against children and public outcry in ..... minor girl but also had forcible anal sex with her and also caused serious injuries to her head. would the society not expect such depraved act to be dealt with in a stern manner? we also cannot ignore the recent amendments in the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... act in the heinous and gruesome rape and murder of nirbhaya. the amendment as a matter of fact echo's the sentiments of the society at large. the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-2014
..... trust includes trustees or beneficiaries. initially the word "trustees" did not find place but was inserted by amendment act of 1971. section 50 initially provided that permission is necessary where the possession of the property of the public trust is sought to be recovered form any person, including ..... e) makes no difference whatsoever, because the expression "person having interest" cannot leave out trustee even though the word "trustee" was not specifically included prior to the amendment. shri sathe, learned counsel appearing for the contesting respondents, very fairly stated that it cannot even be suggest or that the trustees could not have been treated as ..... . 5 to 7 that the decision of the division bench of this court is no longer a good law in view of the amendment to section 50 as also to section 2(10) by maharashtra act no. 20 of 1971. section 2(10) clause (e) provides that "person having interest" in the case of any public .....
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