Court : Mumbai Nagpur
..... shri mishra pointed out that the tender also permitted consortium to be formed and hence, it cannot be alleged that the conditions in it were tailor-made to facilitate the bvb alone. 15. shri bhangde, learned senior counsel for bvb, however, wants to assail the bona fides of the writ petitioners. according to him ..... relaxed, but here, in the later invitation, the conditions were made more stringent. shri jaiswal, learned counsel contended that the acts of n.i.t. were to favour the bvb, in particular to facilitate the construction of the school, sports complex, restaurant, garden etc. over the area including the playground earmarked for the people ..... of nagpur. since alteration of the sanctioned development plan is the subject-matter falling within the jurisdiction of the planning authority under the maharashtra regional town planning act, 1971, respondent/nagpur municipal corporation (n.m.c.) was instructed to take suitable action under section 37 of the mrtp act. 7. the petitioners prayed for .....
Tag this Judgment!Court : Mumbai Nagpur
..... attorney in favour of one milind mahajan. on 16.06.1995, they entered into similar agreement again. these agreements for sale were/ are unregistered. to facilitate gunthewari regulations, on 30.07.2002, they also executed a deed of confirmation. because there was an order of status quo in review petition and hence gunthewari ..... the petition filed by the review applicants vide writ petition no.476 of 1983 could not have been dismissed. 26. in the case of greater noida industrial development authority vs. devendra kumar and ors., (supra), the hon'ble apex court has observed that the acquisition was found to be a colourable exercise of ..... intervenors submits that the intervenors have purchased plots on subject land from the cooperative society and are in possession thereof. they have moved separate applications under gunthewari act for regularization, which are pending. 18. shri siras, learned counsel submits that he has moved applications for intervenor vide civil application (o) stamp nos. .....
Tag this Judgment!Court : Mumbai Nagpur
..... after a proper application, it is discharged. all these judgments meet approval of the hon. apex court in the case of tayabbhai m. bagasarwalla and anr. hind rubber industries pvt. ltd. [1997]3scc 443. in shiv chander kapoor v. amar bose, j.s. verma, j. speaking for a threejudge bench observed thus, with reference ..... within said membership to manage the public trust is the moot question. 38. the hon. apex court in t.m.a. pai foundation vs. state of karnataka (2002) 8 scc 481 has satedthat all citizens have right to establish and administer educational institution. this principle is reiterated in association of international schools and principal ..... greater bombay had jurisdiction to interfere with the administration of the appellant trust which was registered at baroda in the state of gujarat. after the re-organisation act came into force, an application for registration of the property situate in gujarat was filed. the audited statements of accounts admittedly were also filed till 1973. .....
Tag this Judgment!Court : Mumbai Nagpur
..... lakshmindra thirtha swamiar of sri shirur meth, [1954] 1005. 16. as observed in maulavi hussein haji abraham umarji v. state of gujarat, [2004] 6 scc 672, unique butle tube industries (p) ltd. v. u.p. financial corporation and ors., [2003] 2 scc 455 and padma sundara rago (dead) and ors. v. state, [2002] 3 scc 533. ..... the court by upholding the provision of law, may still set aside the action; order or decision and grant appropriate relief of the person aggrieved. 15. in mafatlal industries ltd. and ors. v. union of india and ors., [1997] 5 scc 536, a bench of 9 judges observed that mere possibility of abuse of a ..... validity of section 60 of the madras cooperative societies act which provided for exemption of societies from application of the provisions of the act or application with modification. the apex court observed thus :- 12. the policy of the act is there and so are the guidelines. why the legislation? "to facilitate the formation and working of cooperative societies". cooperative .....
Tag this Judgment!Court : Mumbai Nagpur
..... another .vs. state of haryana, air 1995 sc 84. l) shivaji sahabrao bobade and another .vs. state of maharashtra, (1973) 2 scc 793. m) anjanappa .vs. state of karnataka, (2014) 2 scc 776. n) state of haryana .vs. harpal singh and others, (1978) 4 scc 465. o) ponnusamy .vs. state of tamil nadu, represented by its ..... to no other conclusion than guilt of the accused. as already discussed hereinabove, we find the evidence of tawangarkhan (pw-5) to be trustworthy insofar as actual act of assault is concerned and the circumstances which we have stated hereinabove and which have been found to be duly proved, are only to corroborate the testimony of tawangarkhan ..... driving license of the appellant being seized from the spot; seizure of knife used in the crime under memorandum of the appellant u/s.27 of the indian evidence act; the c.a. report finding the said seized materials having blood of blood group 'a', which is the blood group of deceased harunisa unclinchingly establish the prosecution .....
Tag this Judgment!Court : Mumbai Nagpur
..... the official gazette. this government resolution was issued pursuant to the decision of the supreme court in t.m.a. pai foundation and others vs. state of karnataka and others {(2002) 8 scc 481}. the government resolution provided that quorum at the meeting of the selection committee would be minimum four, of whom the ..... supreme court directed the state government to take certain steps in order to improve the educational standard in the institutions aided by the state and the state government acted pursuant to those directions, no other source of power need be located. the direction of the supreme court would itself entitle the state government to regulate ..... selection committee. the learned counsel for the respondents submitted that since this direction has been issued in exercise of statutory powers of the vice chancellor under the act, it would remain in force unless superseded by making rules or framing statute or ordinance. it was submitted that the government resolution dated 18/8/2004 .....
Tag this Judgment!Court : Mumbai Nagpur
..... granted. the relief granted was challenged by the respondent, while the petitioner had challenged refusal of the back wages. both the revision applications were rejected by the industrial court by the impugned judgment and order. 4. the question is whether any interference is required by this court in exercise of the writ jurisdiction. my answer ..... .11.2003 despite the fact that the relief of back wages was denied. the error or perversity committed by the labour court was rightly corrected by the industrial court in exercise of the revisional jurisdiction by the impugned judgment as the petitioner could not have, in the absence of the final order, claimed the recovery ..... certificate under section 50 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. interim order when passed may be availed at interim stage. as it is subject to final decision, it is bound to merge in the final order .....
Tag this Judgment!Court : Mumbai Nagpur
..... order its earlier order clubbing present criminal writ petition with criminal appeal no.23/1999 was modified and this court felt that hearing of criminal appeal first may facilitate consideration of criminal writ petition. however, said order is an interlocutory order and various binding precedents or law which we have noted (supra) were not required ..... against him. he submits that this order of confiscation was challenged in an appeal registered as criminal appeal no.9/1997 under section 61(d) of 1927 act before additional sessions judge, gondia and vide judgment dated 7.3.1998 that appeal came to be dismissed. he has then invited attention to judgment dated 25 ..... dated 1.2.1997 passed by authorised officer and assistant conservator of forests (tendu leaves), gondia forest division, gondia u/s 61 (d) of the indian forest act confiscating teak wood logs and two saw bands earlier seized. this court has on 30.4.1998, while issuing notice before admission in the present criminal writ petition, .....
Tag this Judgment!Court : Mumbai Nagpur
..... required to be quoted read as under:- 2. after the death of rekhchandji, the defendant no.2 desires to take a body in adoption. in order to facilitate the adoption, the heirs of shri rekhchandji with the meditation of well wishers agreed that the plaintiff will be given some property as her legal share of her ..... at least the law will never recognize such relinquishment. [f] the learned counsel then continued his submissions, and contended that section 14 of the hindu succession act in clear terms provides for heerabai's absolute right in the half estate and thereafter such a share could not be separated or merged or relinquished without a ..... joint hindu family properties which belonged to rekchandji, jatanbai and late heerabai with which the plaintiff was not at all concerned. in fact, the family settlement was acted upon and plaintiff herself is in exclusive possession of the property from 20th november, 1982 onwards. the plaintiff, however, suppressed all the material facts about the family .....
Tag this Judgment!Court : Mumbai Nagpur
..... is placed upon ruling in national assurance co. ltd vs. ajit kumar ( supra) to submit that carrying of passengers is not contemplated in "goods carriage" vehicle as contemplated under 1988 act.8. the contention that appellant insurer is not liable to pay the compensation ought to have been proved before the claims tribunal by leading proper evidence. there was no evidence ..... .5. in asharani's case (supra) provision of section 147(1) prior to its amendment in 1994 was under consideration of the apex court. section 149(2) of the 1988 act enables the insurer to raise defence that the vehicle was used for a purpose which was not allowed by permit under which the vehicle was used. the legislature, as was .....
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