Court : Mumbai Aurangabad
..... tillers day the respondents have become deemed purchaser and there is no person either a minor, widow, or a person under any mental or physical disability for postponement of date of purchase, as contemplated under section 32 (f) of the tenancy act, 1948.iii] as per the indian majority act, 1875, more particularly section 3, a person shall be deemed to have attained his majority when he shall have completed his age of 18 years and not before, and as per section 4 in computing the age ..... in the prescribed manner within the period specified in that sub-section :][provided that, if a tenant holding land from a landlord (who was a minor and has attained majority before the commencement of the tenancy and agricultural lands laws (amendment) act, 1969 has not given intimation as required by this sub-section but being in possession of the land on such commencement is desirous of exercising the right conferred upon him ..... thus even viewing the term minor as per indian majority act, a person should have been born on tillers day then only his age can be computed from ..... 4 of indian majority act :- age of majority how computed :- in computing,the age of any person, the day on which he was born is to be included as a whole day, and he shall be deemed to have attained majority, if he falls within the first paragraph of section 3, at the beginning of the twenty-first anniversary of that day, and if he falls within the second paragraph of section 3, at the beginning of the eighteenth anniversary .....
Tag this Judgment!Court : Mumbai Aurangabad
..... shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act : provided that where an 'award' has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said land ..... municipal corporation (supra), the supreme court has observed that, the proviso appended to section 24(2) deals with a situation where in respect of the acquisition initiated under the 1894 act an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then all the beneficiaries specified in section 4 notification become entitled to compensation under 2013 act. 30. ..... (2) deals with holding the claimants entitled to compensation in accordance with the provisions of act of 2013 in the event of failure of the state or the acquiring body in making payment of compensation to the majority of land holders. ..... 24(2) deals with a situation where in respect of the acquisition initiated under the 1894 act an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries then all the beneficiaries specified in section 4 notification become entitled to compensation under 2013 act. 11. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by-laws regarding sales of his produce through the society, or other matters in connection with his dealings with the society or who, in the opinion of the committee, has brought disrepute to the society or has done other acts detrimental to the interest or proper working of the society may, in accordance with the provisions of sub-section (i) of section 35, be expelled from the society. ..... the petitioner has, therefore, contended that a society may pass a resolution by a majority of not less than three fourth of the members, entitled to vote and who were present in the meeting for the purpose of expelling a member for acts which are detrimental to the interest of proper working of the society. ..... shri gurudev nityanand cooperative housing society [1998 (3) mh.l.j.127] has concluded that the notice of meeting contemplated by rule 29 in the matter of expulsion of member referable to section 25 of the act of 1960 has to be served on the member against whom resolution is proposed to be passed, at least one month prior to the date of the meeting. ..... - (1) a society may, by resolution passed by a majority of not less than three-fourths of the members entitled to vote who are present at a general meeting held for the purpose expel a member for acts which are detrimental to the interest or proper working of the society: provided that, no resolution shall be valid, unless the member concerned is given opportunity of representing his case to the general body, and no resolution shall be effective .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the learned counsel for the petitioner is that, the petitioner herein was minor before the said date since born on 23rd august, 1953 and has become major on 23rd august, 1971 and therefore, the application was maintainable, cannot be accepted. ..... submission, the petitioner was born on 23rd august, 1953 and he became major on 23rd august, 1971 and therefore, the application filed by the petitioner under section 44(3) read with section 32 of the said act on 13th august, 1972 was maintainable. ..... 3 the petitioner filed an application under section 44(3) read with section 32 of the hyderabad tenancy and agricultural lands act, 1950 on 13th august, 1972 for personal cultivation before the tahsildar, kallam, contending therein that, after the death of said vithalrao, he is the only successor became owner of the suit land and ..... the provisions of sub-section (2) of section 44 of the said act provides for, notice required to be given in writing, shall state the purpose for which the landholder requires the land and shall, save as otherwise provided in sub-section (3), be served on the tenant on or ..... perusal of sub-section (2) of section 44 of the said act, would make it clear that such notice can be given only by the ..... counsel for the petitioner submits that, the petitioner herein, who is landlord of the suit property did file the application after he became major. ..... , it is relevant to reproduce hereinbelow the provisions of sub-section (2) of section 44 of the said act, which reads thus: 44. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is the case of the petitioner that, the union of india promulgated and enacted the national rural employment guarantee act, 2005, (for short, "act of 2005") which is having the main object to provide employment for enhancement of livelihood and security of the households in rural areas of the country by providing at least 100 days of guarantee wage employment in every financial year to ..... the pleadings in the petition, annexures thereto and affidavit in reply filed by the respondent state, we are of the considered opinion that, the prayer of the petitioner cannot be considered within four corners of the provisions of the act of 2005 and also under the mahatma gandhi national rural employment scheme. 7. ..... therefore, it follows from the careful perusal of the provisions of the said act of 2005, and schedule ii under section 5 that, the person applying to register his name under said scheme should be resident, within the jurisdiction of ..... the word 'household' appearing in section 3 is defined in clause (f) of section 2 of the said act, which reads thus: (f) "household" means the members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration ..... it is stated in paragraph-9 of the affidavit in reply that, as per the employment guarantee act, it is clearly mentioned that, an employment sucker who is unskilled labour should be a local resident which includes those who may have migrated sometimes ago but .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for lending rates of reserve bank contains a note that rates in the table after 199495 are the prime lending rates of five major public sector banks and are not the rates prescribed by the reserve bank of india in view of deregulation of lending rates ..... of union of india vs bakhshi amrik singh, [air 1963 punjab 104 and submitted that the courts while issuing permanent or temporary injunction, must act in a careful and conservative manner and grant relief only in situations which so clearly call for it as to make its refusal work real and serious hardship and injustice. ..... breweries limited (supra), the effect of breach of contract by a party seeking specifically enforce the contract under the indian law is enshrined in section 16 (c) r/w section 41(e) of the specific relief act, 1963, clause (e) of section 41 of the specific relief act provides that injunction cannot be granted to prevent the breach of contract, performance of which would not be specifically enforced. ..... finality, and therefore, belated attempt of the appellant to file application under section 9 of the said act before the district court, of which adjudication had taken place, almost about after nine months, deserves ..... interim prohibitory injunction or an interim mandatory injunction are governed by well known rules and it is difficult to imagine that the legislator while enacting section 9 of the said act intended to make a provision which was de hors the accepted principles that governed the grant of interim injunction. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... reading of the paragraph-9 reproduced herein above from the judgment of yamunabai(supra), it is abundantly clear that, it is impermissible for the court to hold that, resolution which has been duly passed by two thirds majority, upon a requisition moved by one third of the members of the panchayat eligible to sit and vote, at a meeting convened by the tahsildar in accordance with law will stand invalidated merely because the tahsildar has ..... this court in the case of durgadasukhaji more and others (supra), while interpreting the provisions of section 35 of the said act and rule 2(2) of the said rules, in paragraph7 has held that, the persons who wish to move the no confidence resolution are required to give notice to the tahsildar along ..... no.3 tahsildar, erondol issued notices to the petitioners herein, as well to the sarpanch taking recourse to the provisions of section 35(2) of the said act, specifically intimating by way of said notices that, on 6th april, 2011 special meeting will be convened at 1100 a.m. ..... while construing the rules what must be borne in mind is that the act mandates the giving of a notice to the tahsildar as prescribed, in construing as to which part of the rules is mandatory, regard must be had to the provisions of the parent legislation because the legislature has indicated ..... 4 and the provisions of bombay village panchayat act, 1958, the relevant rules and also the judgments of this court and the supreme court pressed into service by the counsels .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that it is enough for a candidate to be qualified by the date of interview even if he was not qualified by the last date prescribed for receiving the application is correct in law and whether the majority was right in extending the principle of rule 37 of the public service commission rules to the present case by analogy? 2. ..... no hesitation in holding that when the selection committee in the present case, as argued by shri manoj swarup, took into consideration the requisite qualifications as on the date of selection rather than on the last date of preferring applications, it acted with patent illegality, and on this ground itself the selections in question are liable to be quashed. ..... the jurisdiction of the visitor being limited under sub-section (2) of section 5 of the act, new appointment could not have formed the subject-matter of his decision. ..... writ petition was dismissed by the learned single judge who held that institutions established by ramakrishna mission were protected under article 30(1) of the constitution of india and the west bengal act of 1975 and west bengal act of 1978 would not be applicable. ..... vice-principal of the college to the post of acting principal with immediate effect, again without following the west bengal act of 1975 and west bengal act of 1978. ..... supplied to petitioner on 6.2.2912 under right to information act, 2005 is also strongly relied upon. ..... deshmukh, learned counsel for respondent 7 has submitted that said respondent has acted as per law and impartially. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that it is enough for a candidate to be qualified by the date of interview even if he was not qualified by the last date prescribed for receiving the application is correct in law and whether the majority was right in extending the principle of rule 37 of the public service commission rules to the present case by analogy? 2. ..... no hesitation in holding that when the selection committee in the present case, as argued by shri manoj swarup, took into consideration the requisite qualifications as on the date of selection rather than on the last date of preferring applications, it acted with patent illegality, and on this ground itself the selections in question are liable to be quashed. ..... the jurisdiction of the visitor being limited under sub-section (2) of section 5 of the act, new appointment could not have formed the subject-matter of his decision. ..... writ petition was dismissed by the learned single judge who held that institutions established by ramakrishna mission were protected under article 30(1) of the constitution of india and the west bengal act of 1975 and west bengal act of 1978 would not be applicable. ..... vice-principal of the college to the post of acting principal with immediate effect, again without following the west bengal act of 1975 and west bengal act of 1978. ..... supplied to petitioner on 6.2.2912 under right to information act, 2005 is also strongly relied upon. ..... deshmukh, learned counsel for respondent 7 has submitted that said respondent has acted as per law and impartially. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... reading of the paragraph-9 reproduced herein above from the judgment of yamunabai(supra), it is abundantly clear that, it is impermissible for the court to hold that, resolution which has been duly passed by two thirds majority, upon a requisition moved by one third of the members of the panchayat eligible to sit and vote, at a meeting convened by the tahsildar in accordance with law will stand invalidated merely because the tahsildar has ..... this court in the case of durgadasukhaji more and others (supra), while interpreting the provisions of section 35 of the said act and rule 2(2) of the said rules, in paragraph7 has held that, the persons who wish to move the no confidence resolution are required to give notice to the tahsildar along ..... no.3 tahsildar, erondol issued notices to the petitioners herein, as well to the sarpanch taking recourse to the provisions of section 35(2) of the said act, specifically intimating by way of said notices that, on 6th april, 2011 special meeting will be convened at 1100 a.m. ..... while construing the rules what must be borne in mind is that the act mandates the giving of a notice to the tahsildar as prescribed, in construing as to which part of the rules is mandatory, regard must be had to the provisions of the parent legislation because the legislature has indicated ..... 4 and the provisions of bombay village panchayat act, 1958, the relevant rules and also the judgments of this court and the supreme court pressed into service by the counsels .....
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