Court : Mumbai Nagpur
..... time or occurrence of a particular event would have the effect of defeating a public policy or public purpose; (iii) if such premature institution renders the presentation itself patently void and the invalidity is incurable such as when it goes to the root of the court's jurisdiction; and (iv) where the lis is not confined to ..... by the tenant either in the written statement nor was the same urged before the court. the learned counsel relied upon the judgment of the honourable supreme court in (2005) 4 supreme court cases 315 vithalbhai (p) ltd. vs. union bank of india and submitted that the defect of presenting the suit prior to expiry of ninety days ..... can be drawn from the aforesaid facts is that the suit for eviction was filed in a manner contrary to provisions of section 15(2) of the said act. the trial court had no jurisdiction to entertain such a prematurely instituted suit. the appellate court by dismissing the appeal also exercised jurisdiction thereby confirming the decree passed .....
Tag this Judgment!Court : Mumbai Nagpur
..... the 1st respondent-university, seeking an explanation from the nagpur university. the petitioner relies upon the information provided to him under the right to information act, 2005 and submits that there is a correspondence repeatedly seeking explanation from the respondent no.1 in response to this appeal. ultimately, there is a response given ..... position because he himself relies on this definition. thereafter, the petitioner is also not oblivious of the fact that the maharashtra universities act, 1994 is an act to unify, consolidate and amend the law relating to the non-agricultural and non-technological universities in the state of maharashtra. it presents a united pattern for ..... in favour of persons who fulfill the qualification or membership under the amended bye-law. the rights cannot be taken away by subsequent order by recourse to a general power of rescindment available to the government under the general clauses act, 1897. we are of the view that this judgment is distinguishable .....
Tag this Judgment!Court : Mumbai Nagpur
..... decide the suit. 3. there is no dispute that a deed of partnership was entered into between the plaintiff and the defendant no.1 on 09.09.2005, which was subsequently amended on 16.11.2007 by executing separate agreement containing clause of arbitration. undisputedly, the defendant nos. 2 to 5 are not parties to any of the two ..... of the suit between parties who are parties to the arbitration agreement and others is possible. this would be laying down a totally new procedure not contemplated under the act. if bifurcation of the subject matter of a suit was contemplated, the legislature would have used appropriate language to permit such a course. since there is no ..... parties to the arbitration agreement. in view of this, the learned judge of the trial court has committed an error in allowing the application under section 8 of the said act. the order, therefore, cannot be sustained. 7. in the result, writ petition is allowed. the order dated 2nd may, 2013, passed by the learned 4th joint civil .....
Tag this Judgment!Court : Mumbai Nagpur
..... premier automobiles ltd. and another air 1974 supreme court 923, and v. m. salgaocar and bros. v. board of trustees of port of mormugao and another (2005) 4 supreme court cases 613. he then submitted that the donor who had gifted the land in question to the zilla parishad was governed by the muslim law ..... m. salgaocar and bros.(supra) is with regard to the validity of prescribing a shorter period of limitation in a special statute than one prescribed under the limitation act, 1963. said decision is not very relevant for considering the substantial questions as framed. similarly, the ratio of the decision in rasheedakhaton (dead) through legal representatives ..... 2014) 10 supreme court cases 459. he therefore submitted that both the courts erred in decreeing the suit without considering the provisions of section 280 (1) of the act of 1961 in its proper perspective. 10. shri s. p. bhandarkar, the learned counsel appearing for the respondent supported the impugned judgment. according to him, the .....
Tag this Judgment!Court : Mumbai Nagpur
..... learned advocate has relied on the judgment given by the hon'ble supreme court in the case of cholan roadways ltd. vs. g. thirugnansambandam reported in air 2005 sc 570. 9. i have considered the submissions made by the learned advocates for the respective parties and have examined the record. i am conscious about the limitations ..... prove how the accident occurred. the courts have also applied the principle of res ipsa loquitur in cases where no direct evidence was brought on record. the act itself contains a provision which concerns with the consequences of driving dangerously alike the provision in the ipc that the vehicle is driving in a manner dangerous ..... complaint before the labour court under section 28 read with item 1 of the schedule iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. the learned trial judge by the order passed on 10th november, 2000 concluded that the petitioner failed to prove that the inquiry conducted against him was .....
Tag this Judgment!Court : Mumbai Nagpur
..... nos.1 to 3 along with their written statement also filed counter claim seeking 1/4th share in the suit property. they also filed an application for amendment of their written statement and counter-claim which came to be allowed by the trial court. upon completion of the pleadings issues were framed and the petitioners led ..... and will arrive when the parties stand before the court for adducing necessary evidence. 14. it may be true that in the agreement to sell dated 4thnovember, 2005 there may be some admissions given by respondent nos.1 to 4, indicating that late smt. sushila died intestate and that these respondents along with late shri anil ..... jointly inherited the property involved in dispute together with house structure thereon by intestate succession as per hindu succession act, 1956. it may also be true that the respondent no.4, when he submitted an application dated 14.9.2004 to the assessor nagpur municipal corporation, .....
Tag this Judgment!Court : Mumbai Nagpur
..... the 1st respondent-university, seeking an explanation from the nagpur university. the petitioner relies upon the information provided to him under the right to information act, 2005 and submits that there is a correspondence repeatedly seeking explanation from the respondent no.1 in response to this appeal. ultimately, there is a response given ..... position because he himself relies on this definition. thereafter, the petitioner is also not oblivious of the fact that the maharashtra universities act, 1994 is an act to unify, consolidate and amend the law relating to the non-agricultural and non-technological universities in the state of maharashtra. it presents a united pattern for ..... in favour of persons who fulfill the qualification or membership under the amended bye-law. the rights cannot be taken away by subsequent order by recourse to a general power of rescindment available to the government under the general clauses act, 1897. we are of the view that this judgment is distinguishable .....
Tag this Judgment!Court : Mumbai Nagpur
..... to be appreciated in this changed scenario with proper change in prospective. she contends that as the petitioners never had pension as a condition of service, after 2005 challenge to denial of pension on the ground of violation of article 14 of constitution of india, in state of maharashtra is unsustainable. 17. advocate sundaram ..... advocate sundaram has placed reliance are looked into by this court while delivering judgment in three writ petitions on 10th june, 2013. she submits that after 2005 state government has taken a policy decision and since then pension is no longer a condition of service uniformally available. according to her, the case law ..... special code? to regulate working and service conditions. our attention has been invited to various provisions of said code, which is amended lastly in 1997. to explain what is rehabilitation scheme envisaged under section 66 of 1995 act and the object behind special code, our attention has been drawn to the rehabilitation council of india .....
Tag this Judgment!Court : Mumbai Nagpur
..... come to halt and public interest would suffer. the provisions introduced by 1984 amendment to land acquisition act, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the land acquisition act are read into acquisition controlled by the provisions of chapter vii of the ..... 520 - (prafulla c. dave and ors. .vs. municipal commissioner and ors), 2003 (3) all mr 433 (baburao dhondiba solakhe .vs. kolhapur municipal corporation) and 2005 (2) all mr 707 (youth league recreation centre .vs. municipal council, buldhana), and facts at hand in said matter, has observed that: 9. the judgment in the ..... were necessary. it refused to initiate those proceedings and financial provisions therefor. it resolved to release land under section 127 from reservation. on 07.04.2005, the chief officer of the municipal council accordingly informed the predecessors in title and pointed out that after necessary modification in the development plan and .....
Tag this Judgment!Court : Mumbai Nagpur
..... of iridium india telecom ltd. v. motorola inc. reported in air 2005 sc 514(1), particularly paragraph no.44 of the judgment and has submitted that section 97(1) of the amending act has the effect of sweeping away the amendments made and the provisions inserted in the principal act by the state legislature, or the high court in exercise of its ..... that thus considering the conjoint effect of the provisions of section 4 and section 122 of the code of civil procedure and section 97(1) of the amending act, it has to be held that the proviso below rule 17 of oder vi of the code of civil procedure, which is added in the central ..... not even averred as to what prevented him for bringing on the record the facts sought to be incorporated by the proposed amendment. 9. therefore, i find that the learned trial judge has neither committed any patent illegality or illegality nor there is error of jurisdiction which necessitates interference by this court in the supervisory jurisdiction. the petition is .....
Tag this Judgment!