Court : Mumbai Nagpur
..... the learned single judge has recorded categorical findings with reasons which are inconsonance with the law and need no interference. they, therefore, prayed for dismissal of the letters patent appeals. 4. we have gone through the impugned judgment and order passed by the learned single judge. we have seen the pleadings and the documents on record. we ..... judgment and order dated 25.6.2012 in writ petition nos.2490/2012 and 2491/2012, passed by the learned single judge, is under challenge in these two letters patent appeals. 2. in support of the appeal, learned counsel for the appellant in both the appeals made the following submissions. (a) the members of the managing committee ..... or thereafter when section 73-id was amended to delete the words entitled 'to sit'. the only words entitled 'to vote' in clause 1 of section 73-id of the act of 1960 stood retained. the learned counsel, therefore, argued that the representatives do not have any right to sit as well since they are not the members .....
Tag this Judgment!Court : Mumbai Nagpur
..... of sentence. 16. mr. khandalkar has submitted that keeping in view the object of insertion of chapter xvii to the n.i. act by the amending act i.e. banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988), s.4 (w.e.f. 1.4.1989) stringent punishment must be awarded to the respondent. on ..... it would become clear that the respondent had only suggested that at the time when the cross-examination of appellant was taken, it was taken on 19th april, 2005, the respondent was residing at nagpur. the complaint was filed by the respondent on 27th july, 2004 and address of the respondent in the complaint was shown ..... notice to the respondent and, therefore, recorded finding of acquittal of the respondent for an offence punishable under section 138 of the n.i. act in the judgment and order dated 2nd september, 2005. 5. being aggrieved by the same, the appellant-complainant is before this court in this appeal filed against the acquittal of the respondent .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned single judge has recorded categorical findings with reasons which are inconsonance with the law and need no interference. they, therefore, prayed for dismissal of the letters patent appeals. 4. we have gone through the impugned judgment and order passed by the learned single judge. we have seen the pleadings and the documents on record. we ..... judgment and order dated 25.6.2012 in writ petition nos.2490/2012 and 2491/2012, passed by the learned single judge, is under challenge in these two letters patent appeals. 2. in support of the appeal, learned counsel for the appellant in both the appeals made the following submissions. (a) the members of the managing committee ..... or thereafter when section 73-id was amended to delete the words entitled 'to sit'. the only words entitled 'to vote' in clause 1 of section 73-id of the act of 1960 stood retained. the learned counsel, therefore, argued that the representatives do not have any right to sit as well since they are not the members .....
Tag this Judgment!Court : Mumbai Nagpur
..... by scrutiny committee section 16(1c) (as inserted by amendment act 11 of 2002 in municipalities act) is considered and it is held that act 11 of 2002 was enacted to give effect to provisions of 2001 act by amending local self-government acts. no repugnance in provisions of two acts was found. full bench has also declared that provisions of 2001 ..... and it is this effect which is decisive in such a challenge to determine the forum. to explain how it has been applied, learned senior advocate relies upon air 2005 sc 226 shyamsunder sarma v. pannalal jaiswal", ratansingh v. vijayasingh and ors. [(2001) 1 scc 469] and decision in essarconstructions vs. n.p. rama krishna ..... the competence to provide reservation of the seats. full bench also holds that provisions of 2001 act like section 11 are not invalid on the ground that it provides four penal consequences division bench of this court in air 2005 bom 229 janardhanvasant yadav v. vidyadhar kanade has held that after orders of invalidation of .....
Tag this Judgment!Court : Mumbai Nagpur
..... ) notwithstanding anything contained in sub-section (1) as in force before the commencement of the maharashtra slum areas (improvement, clearance and redevelopment) (amendment) act, 1986 (hereinafter in this section referred to as "the amendment act") or in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent ..... that the learned single judge has erred in interfering with the order of the executing court. in that view of the matter, the appeal succeeds. (a) the letter patents appeal is allowed. (b) the impugned order passed by the learned single judge is quashed and set aside. (c) the petition filed by the respondent/tenant is ..... the objection is such which is apparent on the face of the record. 23. insofar as the orders passed by the division bench in two letter patent appeals are concerned, the said orders are merely some orders inter se between the parties issuing directions and do not lay down any proposition of law and .....
Tag this Judgment!Court : Mumbai Nagpur
..... mouza wapti and directed the respondents/tenants to deliver possession to the petitioners within a period of four months from the said date. being aggrieved thereby, the present letters patent appeal. 3. heard mr. s.r. deshpande, learned counsel for the appellants/tenants and mr. a.m. deshmukh, learned counsel for the respondents no.1 to ..... rejected. the question to be considered, therefore, is whether such an application can be entertained. it has been contended that as there is no provision in the act that an application on the grounds mentioned in section 14 cannot be made after april 1, 1957, such an application is maintainable, for since the legislature has ..... and verified by the tahsildar. he submits that the authorities below have erred in construing an application under sub-section (2) of section 36 of the tenancy act to be a distinct proceeding. he, therefore, submits that the learned single judge has rightly allowed the petition and reversed the orders of the lower authorities. 7 .....
Tag this Judgment!Court : Mumbai Nagpur
..... circumstances of the case. it is no unruly horse. it cannot be put in a straitjacket formula. (see viveka nand sethi v. chairman, j and k bank ltd. [(2005) 5 scc 337 : 2005 scc (lands) 689] and state of u.p. v. neeraj awasthi [(2006) 1 scc 667 : 2006 scc (lands) 190 : jt (2006) 1 sc 19]. ..... states that the authority concerned, after considering the replies of the concerned directors, should take action in accordance with the provisions of the maharashtra co-operative societies act. on perusal of the said communication itself, it would appear that there is even not a whisper as to whether the said material was placed before the ..... , after considering the submissions made on behalf of the said directors, held that the said directors had incurred disqualification as provided under section 73-ea of the said act. being aggrieved thereby, the said directors filed statutory appeals before the state government. the hon'ble minister for co-operation, maharashtra state, mantralaya, mumbai, by judgment .....
Tag this Judgment!Court : Mumbai Nagpur
..... declining promotion to the respondent no.3. the petitioner - company has wrongly relied on clause 16 of the promotion policy as amended on 17.3.1998 along with the office memorandum dated 29.12.2005. in the facts of the case, we find that the petitioner - company wrongly denied promotion to the respondent no.3 though ..... the commissioner, welfare of disabled supported the order passed by the commissioner and submitted that on a consideration of the provisions of the act of 1995 and the instructions dated 29.12.2005, the commissioner had rightly directed the petitioner -company to promote the respondent no.3 on the post of senior assistant. 9. ..... from the open category, the respondent no.3 filed an application under section 62 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 before the commissioner, welfare of disabled, pune. the said application was allowed by the commissioner by the impugned order dated 9.10.2007. the commissioner .....
Tag this Judgment!Court : Mumbai Nagpur
..... ' as the appeal will have to be allowed. 9. in the result, i make the following order:- order (i) criminal appeal no.97/2005 is allowed. (ii) the judgment of conviction and sentence of the appellant for the offence punishable u/ss. 7, 13 (1)(d) r/ws ..... . 13(2) of the prevention of corruption act, passed by the learned judge, special court, wardha, dated 24.1.2005, in special case no.2/1998 is set aside. the appellant is acquitted of the offence with which he ..... two moths and was further convicted for offence punishable u/s. 13 (1)(d) r/ws. 13(2) of the prevention of corruption act and sentenced to undergo r.i. for three years and to pay a fine of rs.1,000/- in default to undergo further r.i ..... dated 24.1.2005 in special case no.2/1998 passed by the learned judge, special court, wardha, by which the learned judge convicted the appellant for the offences punishable under sections 7, 13(1)(d) r/ws. 13(2) of the prevention of corruption act and sentenced .....
Tag this Judgment!Court : Mumbai Nagpur
..... the suit land long before 1.2.1973. perusal of para-17 of this judgment shows that section 13(1)(e) of 1947 act affected only sub-tenancies after the commencement of 1973 amendment to 1947 act. discussion in para-19 shows that section 15(2) rendered clause 4 of 10.5.1886 lease ineffective and inoperative. no pari ..... of 2011 was then filed under articles 226 and 227 of the constitution of india by present appellant and the learned single judge dismissed that writ petition. letters patent appeal is challenging the said dismissal of writ petition. on 20.03.2012, while issuing notice, this court noted the contention that sub-tenancy to attract provisions of ..... substance in the contention that sub-tenancy created prior to coming into force of the act, cannot furnish a cause of action to a landlord after coming into force of 1999 act. 12. in the result, no case is made out warranting interference. letters patent appeal is accordingly rejected. rule is discharged. no costs. 13. upon request of .....
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