Court : Mumbai Nagpur
..... to take care of day to day business of the trust. the learned joint charity commissioner has held that the executive council whose term had expired on 14th december, 2005 could not have inducted 49 members on 2nd march, 2006. it was a decision of far reaching consequence and had changed the whole fabric of the general body. ..... which appellate judgment of the high court, a still further appeal may, in a given case, lie under the letters patent. such being the judicial scrutiny and the extensive grant of the inquiry under section 22 of the act, it is obvious that this inquiry can not be a mere factual process or one purely formal in nature. investigation ..... held on 16th february, 2006. however, in the meantime, two writ petitions bearing nos. 2967 of 2005 and 4342 of 2005 were filed before this court. it appears that due to some ad interim orders of this court in writ petitions and letters patent appeals the elections scheduled to be held on 16th february, 2006 were delayed. 9. at this stage .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. pravin bhabhutlal shah and others 2005 (1) mh.l.j. 497. he also urged that the plea regarding bar of limitation had been raised vaguely by the petitioners and the same was ..... (maharashtra) rules 1972 in that regard. to buttress his submission that if the employer fails to give any notice under section 7(2) of the said act, there is no question of limitation applying, the learned counsel placed reliance on the judgment of learned single judge in transport manager, kolhapur municipal transport undertaking, kolhapur ..... at the rate of 10% per annum from 23-6-2000 till its realization. in appeal preferred by the petitioners under section 7(7) of the said act, the appellate authority negatived the challenge to aforesaid order and dismissed the appeal. 4. smt. neeta jog, the learned counsel appearing for the petitioners made twofold .....
Tag this Judgment!Court : Mumbai Nagpur
..... not issued. the law in this regard is well settled that the steps that are contemplated by section 127 even after its amendment is, that the declaration under section 6 of the land acquisition act, 1894 is required to be issued and published. that has not been done within the period prescribed, namely on or before ..... the approach indicated by this court in raju s. jethmalani vs. state of maharashtra, reported in (2005 (11) scc 222)". "154. primary education is one of the important responsibilities to be discharged by municipalities under the bombay primary education act, 1947. again, to state the reality, even after sixty years after the promulgation of the constitution ..... the constitution, for free and compulsory education for all children until they complete the age of fourteen years. this has not been achieved yet. the 86th amendment to the constitution effected in the year 2002 deleted this article 45, and substituted it with new article 45 which lays down that the state shall endeavour .....
Tag this Judgment!Court : Mumbai Nagpur
..... , vice-president, secretary and at least 4 members of the society. these elected members elect the president and vice-president. as per amended clause 12, headmaster of deorao thakre vidyalaya, ashok nagar acts as secretary of the governing body. under clause 8, initial governing body consisted of total 11 persons i.e 4 office-bearers + 7 ..... the relief accordingly, or to deny the relief to the plaintiff-respondent as allowed to him by the judgment under appeal, much less sought for an amendment of the pleadings. the subsequent event urged by the defendant-appellant is basically a factual event and cannot be taken cognizance of unless brought to the notice ..... on this point are legion, even as situations for applications of this equitable rule are myriad.? 35. in board of control for cricket in india v. netaji cricket club, (2005) 4 scc 741, at page 767, hon. apex court reproduces its earlier judgment and observes : 94. in rajesh d. darbar v. narasingrao krishnaji kulkarni10 this court noticed .....
Tag this Judgment!Court : Mumbai Nagpur
..... appeal by setting aside the impugned judgments and orders passed by the first appellate court and the trial court with further direction to the trial court to allow opportunity of amending the plaint to the plaintiff so as to comply with order vii rule 3 of the code of civil procedure and to allow the parties to lead further evidence as ..... was dismissed, which arose from judgment and order dated 18.6.2007, passed by the learned joint civil judge junior division, telhara, in regular civil suit no.73 of 2005, whereby the suit was decreed for possession of alleged encroachment portion of 25r land out of survey no.47/7-a admeasuring about 2.64r claimed as belonging to the ..... that accurate map/plan is brought on record of the case, on the basis of which the court may draw presumption in view of section 83 of the indian evidence act, 1872. thus, if map/plan drawn by a competent official such as the taluka inspector of land records or the district inspector of land records or the competent surveyor .....
Tag this Judgment!Court : Mumbai Nagpur
..... as defined under section 2(12) so as to attract the provisions of the state insurance act in terms of section 1(4). section 2(12) of the state insurance act, as it stood prior to its substitution by the employees state insurance (amendment) act, 2010 (18/2010), with effect from 1.6.2010 reads as under: section 2( ..... hospital and research centre vs. employees state insurance corporation and others, reported in 2012 i clr 84 and (3) between kanwarjibhagirathmal and employees state insurance corporation, reported in 2005(4) l.l.n. 149 referred to me by the learned counsel for the respondent. 21. in the case of employees state insurance corporation, bangalore and bhagatram ..... as such it attracted the provisions of the state insurance act. 4. not satisfied with this order, the appellant is before this court in this appeal. 5. this appeal has been admitted by this court on 19th january, 2005 on substantial questions of law. the substantial questions of law that arises for my consideration are as .....
Tag this Judgment!Court : Mumbai Nagpur
..... involved regarding protection in the employment, which was secured as a result of confusion, which was prevailing till the constitution (scheduled castes) order, 1950 was amended in the year 2007, which did not include ezhuvas and thiyyas known as thandan. in para 29, the apex court has held that the question of ..... 3 scc 557, after following the aforesaid decision, the decision of house of lords in national westminister bank plc. v. spectrum plus ltd., reported in (2005) 3 wlr 58, has been considered in which the doctrine of prospective of overruling is explained. it is stated therein that the prospective overruling takes several different ..... scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (maharashtra act no.xxiii of 2001) in a seat reserved for scheduled castes candidate by producing a caste certificate, which was invalidated by an order of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... shipping bill and for the purposes of seeking its conversion at a later date, it becomes difficult for them to prove this fact. it amends the circular no. 6 of 2003 dated 28.1.2003. amendment was made on account of the fact that no written orders forcing the exporters to file free shipping bills, were issued by the custom ..... was not done, the request for conversion could not have been accepted. against this order dated 22.07.2004, the assessee filed appeal before the cestat. on 09.06.2005, cestat remanded the matter for fresh adjudication. the commissioner again rejected conversion on 05.10.2006. this order was challenged before the cestat and on 11.05.2007, cestat ..... made out and reliefs as claimed cannot be granted. 10. the questions of law sought to be raised by the appellant in this appeal under section 130 of the customs act, 1962, are as under : (i) whether the customs, excise and service tax appellate tribunal was right in relying upon the contents of board's circular no.4/2004 .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondent no.1 as a successful candidate and, therefore, the petition is being presented under section 100(1)(d)(i) and (iv) of the said act. 13. by way of amendment introduced in para 27-a in the election petition, which was allowed by consent of the parties on 17.4.2015, it is alleged that the respondent no ..... petition, wherein the averment is that the nondisclosure has materially affected the election of the respondent no.1 as a successful candidate ?, shri manohar has urged that the said act has attached much significance to the expression insofar as it concerns the returned candidate ? and, therefore, such is the material fact, which is required to be pleaded in ..... and date of order taking cognizancep.s. ambazari, c.j.m. case no.331/05, dt.27/04/2005 case no.333/05 dt.27/06/2005(b)the details of cases where the court has taken cognizance, section (s) of the act(s) and-description of the offence(s) for which cognizance takensection/188 ipc, all cases are registered for agitations .....
Tag this Judgment!Court : Mumbai Nagpur
..... remaining on such encroached land shall claim the right to get elected as a member of democratically elected body, which would defeat the very object of the bombay village panchayats (amendment) act, 2006. 20. in the decision of this court delivered by the learned single judge in the case of ganesh arun chavan v. state of maharashtra and others, reported in ..... elected as a member of democratically elected body. in no case our conscious permits such type of interpretation to defeat the very object of the bombay village panchayats (amendment) act, 2006. this court has taken a view that the term 'person' employed under sub-section (1) of section 14 of the said ..... . the first decision cited on the provision of section 14(1)(j-3) of the maharashtra village panchayats act, 1958 is that of the division bench delivered in letters patent appeal no.305 of 2012 in writ petition no.2078 of 2012(d) [shri devidas s/o matiramji surwade v. additional commissioner, amravati division, amravati, and others) on .....
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