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. .....
Tag this Judgment!Court : Mumbai
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. .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-24-2014
..... some time to consider their position. the petition was however withdrawn 'with liberty'. 9. in our opinion, since there is no serious denial to the amended pleadings and there is reference to 'liberty' in the order dated 04.01.2010, it may not be appropriate to non suit the petitioners at the ..... petitioners in both the petitions have made the following submissions in support of their petitions:- (a) the dicgc, has incorrectly interpreted the provisions of the said act. the correct interpretation would require the dicgc to treat each of the numerous small investors /depositors who have invested / deposited amounts with the petitioner societies as ..... for appreciating the setting in which the aforesaid challenges arise are that the petitioners are credit societies registered under the provisions of the maharashtra co-operative societies act, 1960; the petitioners have invested / deposited a sum of rs.1805.60 lakhs and rs.332.88 lakhs respectively with vasantdada shetkari sahakari bank limited, .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-21-2014
..... attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.?(emphasis supplied) (note: by maharashtra act no.xxiii of 2006 dated 26.2.2006, by amendment in sub-clause (iv) words one thousand six hundred rupees? are substituted by six thousand five hundred rupees?) a plain reading of the ..... the work done by him will not convert his employment as a clerk into one in supervisory capacity. this principle finds support from the decisions of this court in south indian bank ltd. v. a.r.chacko and management of m/s.may and baker (india) ltd. v. their workmen. in the present case, we have, therefore, ..... , technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-21-2014
..... from the pcc and not de hors the same. in para 12 of the judgment, the court observed that the negotiable instruments act, 1881, indian contract act, sale of goods act and transfer of property act were brought into effect in goa from 1st december, 1965. hence, these legislations came to be made applicable to the state of ..... pcc dealing with limitation was local law within the meaning of section 29(2) of the limitation act, 1963. this provision would have to be read into the limitation act, 1963 as if the schedule to the limitation act was amended mutatis mutandis and no question of repugancy arose. 12. this judgment has been followed in the ..... december, 1961 would continue to be in force until amended or repealed by a competent legislation or other competent authority. the pcc and the portuguese civil procedure code which dealt, inter alia, with the matters of limitation have not been repealed at any time even after the limitation act, 1963 was enacted. no notification under section 6 of .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-20-2014
..... particularly where other offences are compoundable. it may be added here that the state of madhya pradesh vide m.p. act 17 of 1999 (section 3) has made sections 506(ii) ipc, 147 ipc and 148 ipc compoundable offences by amending the schedule under section 320 cr.p.c.?. 16. in the present case, the accused had injured himself in the accident ..... 2, the offence punishable under section 279 is not mentioned. it is useful to reproduce both the sections i.e. 279 and 338 for comparison. section 279 in the indian penal code, 1860 279. rash driving or riding on a public way. whoever drives any vehicle, or rides, on any public way in a manner so rash or ..... with fine which may extend to one thousand rupees, or with both. section 338 in the indian penal code, 1860 338. causing grievous hurt by act endangering life or personal safety of others.-- whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-20-2014
..... ' into section 10(1)(c) of the said act, would amount to doing violence, not just to the text of the sub section ..... appear even in section 10(2) of the said act as originally enacted. these words have been introduced in the said act, in so far as its applicability to state of maharashtra is concerned by the mrtu. this amending act, however, has left the provisions contained in section 10(1) of said act untouched. therefore, to introduce the concept of 'recognisedunion ..... contention raised by mr. ramaswami relates more to the from than to the substance of the dispute, because after the amendment of the industrial disputes act by addition of s. 2-a, which came into force on 1-12-1965, the distinction between a dispute or difference arising out of discharge, .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-19-2014
..... as it may, there can be no dispute that the provisions of rule 6-a onwards of order 8, c.p.c. were inserted by the code of civil procedure (amendment) act, 1976 w.e.f. 1-2-1977 while the provisions of rule 1 of order 8 were substituted by the code of civil procedure ..... (amendment) act, 2002 w.e.f. 1-7-2002. it is well settled by now that the provision of rule 1, order 8, is directory and not mandatory and it can be ..... to the case of rani kusum vs. kanchan devi and others, (2005)6 s.c.c. 705 wherein the apex court has stated that order 8, rule 1, after the amendment casts an obligation on the defendant to file the written statement within 30 days from the date of service of summons on him and within the extended time falling within .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-18-2014
..... bonus at the rate of 20% needs to be calculated on the basis of salary or wages of rs.3,500/- per mensem, as per the amendment to section 12 of the said act with effect from 1-4-2006, it is necessary to look into the availability of allocable surplus with the employer for the relevant accounting years. according to ..... court has directed the petitioner-employer to pay the difference of bonus for the years 2006-2007 and 2007-08 as per the provisions of the amended section 12 of the payment of bonus act, 1965 on the basis of monthly salary or wages of rs.3,500/- instead of rs.2,500/, after deducting the amount of bonus already ..... an industrial dispute? only. subsequently, the concept of unfair labour practice? is also introduced by way of an amendment by act no.46 of 1982 with effect from 2181984 under the industrial disputes act. this, however, does not mean that if an act complained of amounts to unfair labour practice?, the same cannot be decided under the provisions of the mrtu and .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-14-2014
..... court for fresh adjudication on the issue of easement claimed by the defendants in terms of section 15 of the indian easement act. 6. after remand, on 05/10/2013, the petitioners filed an application for amendment of the written statement and counterclaim before the first appellate court for incorporating certain facts and for adding an alternate ..... set aside. the said order of the high court was challenged before the apex court. the apex court held that the amendment inserting the relevant averment under section 16(c) of the specific relief act does not change the cause of action and would be a legally permissible exercise as laid down by the apex court in ..... ingredients required to establish the right of easement in terms of section 15 of the easement act, have, in fact, been established by the petitioners. no restriction has been put on the plaintiff to do the things permissible by law. the amendment, which is proposed by the petitioners to the written statement, does not at all enlarge .....
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