Court : Mumbai Aurangabad
..... therefore, in view of sub-section (4) of section 8 of the said act, it was incumbent upon the trial court to find out and make enquiry in depth how the sell of the land standing in the name of the minor is going to be benefited or advantageous to the child in future. ..... however, the applicant, as maternal uncle of the minor ku. ..... (4) no court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor. 7. ..... it is submitted that the maternal uncle of ku. ..... the learned counsel appearing for the revision applicant submits that the applicant is maternal uncle of ku. ..... maternal uncle of kum. ..... impugned order, it appears to this court that, the court was duty bound to find out the truth whether the application seeking permission to sell of land, standing in the name of the minor, would be for the benefit of the minor. ..... at the outset, it is apposite to refer herein below the provisions of sub-section (4) of section 8 of the hindu minority and guardianship act 1956, which reads thus:- 8 . ..... it is also clear that the trial court has not adverted to the provisions of sections 29 and 31 of the guardians and wards act 1890. 8. ..... it is submitted that, even the court should have considered the provision of sections 29 and 31 of the guardians and wards act 1890. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... therefore, in view of sub-section (4) of section 8 of the said act, it was incumbent upon the trial court to find out and make enquiry in depth how the sell of the land standing in the name of the minor is going to be benefited or advantageous to the child in future. ..... however, the applicant, as maternal uncle of the minor ku. ..... (4) no court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor. 7. ..... it is submitted that the maternal uncle of ku. ..... the learned counsel appearing for the revision applicant submits that the applicant is maternal uncle of ku. ..... maternal uncle of kum. ..... impugned order, it appears to this court that, the court was duty bound to find out the truth whether the application seeking permission to sell of land, standing in the name of the minor, would be for the benefit of the minor. ..... at the outset, it is apposite to refer herein below the provisions of sub-section (4) of section 8 of the hindu minority and guardianship act 1956, which reads thus:- 8 . ..... it is also clear that the trial court has not adverted to the provisions of sections 29 and 31 of the guardians and wards act 1890. 8. ..... it is submitted that, even the court should have considered the provision of sections 29 and 31 of the guardians and wards act 1890. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... act, 1961 clearly shows that all the benefits agreed for, has been paid to the petitioners being the legal heirs of the ..... that the award passed by the special land acquisition officer is under section 33(2) of the mid act, 1961 and not under section 33(3) of the mid act and therefore, as per the provisions of mid act, the reference under section 34 is not at all maintainable. 16. ..... act, 1961 and in paragraph-10 held that, section 42 permits delegation of powers and functions of the state government under chapter vi of the act to any officer by rules made ..... act, 1961 read with section 18 of the land acquisition act, is not maintainable and same was rejected on 09-09-2011 and the said decision is communicated ..... act, 1961 read with section 18 of the land acquisition act, 1894 ..... submitted that since the date of declaration of chapter vi till the passing of the award under section 33(2) of the mid act, the father of the applicants was alive and also accepted the notices, issued under the provisions of mid act, 1961. ..... act, 1961 or section 18 of the land acquisition act does not specify or bar, to refer the reference to civil court, as rightly held by this court in the decision in aforesaid ..... maharashtra industrial development act, 1961 [in short m.i.d. ..... act, 1961, which reads thus: "33 (3) where no such agreement can be reached, the state government shall refer the case to the collector for determination of the amount of compensation to be paid for such acquisition as also the person .....
Tag this Judgment!Court : Mumbai Aurangabad
..... [provided that, if, before actual possession of such land is taken by or on behalf of the state government, it appears for the state government that the land is no more required for the purposes of this act, the state government may, by like notice, withdraw the land from acquisition and on the publication of such notice in the official gazette, the land shall revest with retrospective effect in the person in whom it was ..... shendra, taluka and district aurangabad, were notified under section 1(3) of the maharashtra industrial development act, 1961 (herein after referred to as act of 1961 ), as industrial area for establishment of shendra urban industrial zone on 06.01.1996. ..... 1) if at any time in the opinion of the state government any land is required for the purpose of development by the corporation, or for any other purpose in furtherance of the objects of this act, the state government may acquire such land by publishing in the official gazette a notice specifying the particular purpose for which such land is required, and stating therein that the state government has decided to ..... mala fide motive more so when the unutilized developed industrial area of more than the area of the lands to be acquired is either rendered idle or is being converted to other user as residential and/or commercial to benefit the builders? ..... of more than the area of the lands to be acquired is either rendered idle or is being converted to other user as residential and/or commercial to benefit the builders? .....
Tag this Judgment!Court : Mumbai Aurangabad
..... hence, needless to clarify that the mandate of maharashtra industrial development act, 1961 and the maharashtra industrial development corporation, disposal of land regulations, should also be followed and abided by in making all ..... to the maharashtra industrial development act, 1961 and particularly the provisions contained in the act enabling disposal of the land ..... disposal of land by the corporation: 1) subject to any directions given by the state government under this act, the corporation may dispose of: (a) any land acquired by the state government and transferred to it, without undertaking or carrying out any development thereon; or (b) any such land after undertaking or carrying out such development ..... rival contentions reference is required to be made to the maharashtra industrial development act, 1961. ..... talhar submits that in the present case all such powers, as are conferred by the act, and to fulfill an avowed object and purpose, have been abused and misused to allot the ..... the corporation established under the maharashtra industrial development act, 1961. ..... futile to urge that the corporation is not bound by the mandate to act fairly, reasonably, rationally and in a transparent manner when it makes individual allotments ..... submitted an application for allotment of the plot for the purpose of information technology, and since the respondent no.5 is interested in manufacturing the produce and as per the circular dated 29.01.2008 the benefit is to be given to the respondent no.5. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 2 of dowry prohibition act, 1961 defines dowry as under:- definition of dowry . ..... it was held that the prosecution has failed to establish beyond reasonable doubt that accused no.1 to 6 committed murder of vimalbai, consequently they got the benefit and were acquitted of the offence punishable under section 302, indian penal code. ..... however, there must be existence of proximate link between the acts of cruelty along with the demand of dowry and the death of the victim. ..... the appellant husband of the deceased has failed to discharge his burden as described under the provisions of section 106 of the indian evidence act which reads as under:-- 106. ..... the provisions of section 113-b of the indian evidence act read thus:-- 113-b. ..... - in this act, dowry means any property or valuable security given or agreed to be given either directly or indirectly-- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to ..... but, even the rule of strict construction requires that the provisions have to be read in conjunction with other relevant provisions and scheme of the act. ..... these are the provisions relating to human behaviour and, therefore, cannot be given such a narrower meaning, which would defeat the very purpose of the provisions of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 3 and 4 of the dowry prohibition act, 1961 against the applicants and one narayan revaji badgujar. 2. ..... present applicant no.2 was convicted for the offence punishable under section 3 of dowry prohibition act and was directed to suffer rigorous imprisonment for three years and to pay fine of rs.15000/- and in default, to suffer rigorous imprisonment for six months. 5. ..... applicant no.2 for offence punishable under section 3 of dowry prohibition act and she was acquitted from the said the charge of said offence. ..... against the applicants in order to bring the serious act on the part of the applicants, to the knowledge of the police. ..... -treatment is concerned, as observed above, the evidence of prosecution witnesses is full of omissions and improvements, therefore, it will be really unsafe to record findings of guilt against the present applicants and surely they are entitled for the benefit of doubt. ..... 3 and 4 of the dowry prohibition act, in sessions case no. ..... said act was obstructed by pw no.4 gajanan and saved the life of jyoti. ..... 3 and 4 of the dowry prohibition act. .....
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..... /d-v, mantralaya, dated 29th october, 1980, issued by the government of maharashtra social welfare, cultural welfare, sports and tourism department, a detailed enquiry is contemplated before a caste certificate is issued and for that purpose a person claiming benefit under the restoration act is required to file an application in the prescribed manner and thereafter detailed enquiry is contemplated in view of the said resolution and thereafter, a caste certificate can be issued in the prescribed form. ..... , suo moto started a proceeding under section 3 of the maharashtra restoration of lands to scheduled tribes act, 1974 (hereinafter for the sake of brevity referred to as the "restoration act") as the enquiry was pending, the petitioners obtained stay order from the hon'ble supreme court but subsequently in lingappa's case, the hon'ble supreme court has upheld the constitutional validity of the restoration act, which is reported in air 1985 supreme court page 389. ..... the respondents are 'adivashi' and hence the suit land should be restored to the respondents.the petitioners for the second time, against the order of the tahsildar, preferred an appeal under section 6 of the restoration act before the maharashtra revenue tribunal, bombay being appeal no. ..... not continue with the non tribal petitioners and the same shall not be delivered even to respondents unless and until the matter is dealt with appropriately under the maharashtra agricultural lands (ceiling on holdings) act, 1961. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the present case so far appellant no.1 bappasaheb is concerned, the provisions of section 304-b of indian penal code and section 113-b of the indian evidence act gets attracted and squarely applicable and therefore, conviction of appellant no.1 bappasaheb for the offence punishable under section 304-b of indian penal code is perfectly sustainable. ..... aware has little role in the entire commission of offence and therefore, he deserves to be given benefit like other three accused who are acquitted by the sessions court, beed. ..... of this subsection," dowry" shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961 ). ..... he further deposed that, maternal relatives of deceased were insisting him to take complaint on the spot but he requested them that, first post mortem was to be done and thereafter he would ..... to go to her maternal home after 8-10 days ..... present case and in the light of cruelty and harassment at the hands of appellant no.1 bappasaheb to deceased sangita, the provisions of section 304b of the indian penal code and section 113-b of the indian evidence act, 1872 gets attracted and squarely applicable to appellant no.1 bappasaheb. ..... three accused are acquitted against whom general allegations like against appellant no.2 bhaskar were levelled, and in absence of specific allegations against appellant no.2 bhaskar about illtreatment, appellant no.2 bhaskar is entitled for benefit like other three accused. ..... visits were given by sangita to maternal home. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... checking staff, booking clerk, cash clerk, depot clerk, timekeeper, watchman or attendant, but except in section 8 does not include (i) any such person who is employed in a factory as defined in the factories act, 1948 (63 of 1948) ; (ii) any such person to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply; 9. ..... section 2(h) specifically provides that value of the following items are not required to be computed for finding out whether employer pays minimum wages as prescribed under the act: (i) the value of any house, accommodation, supply of light, water, medical care, or any other amenity or any service excluded by general or special ..... considering the effect of section 2(g) of the act of 1961 r/w section 2(35) of the act of 1988, it has to be construed that the petitioner is in the business of public motor transport and hence, the notification dated 20/07/2010 would be ..... in order to consider the arguments advanced by the learned advocates, it would be of benefit to give the following illustrations which would reflect some amount of light on the contentions, in the back drop of the law laid down by the hon'ble ..... benefit contemplated under the legislation simply for the reason that in his application he has shown the amount much below what he is entitled to under the act. ..... of demands on 16/01/2013 to the petitioner claiming wage rise benefits and other long term benefits. f. .....
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