Court : Mumbai Nagpur
..... india & ors. reported in (1997) 3 scc 261 and therefore abridgement by a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article ..... on the aforesaid decision of supreme court, we have heard both the learned counsel for the parties on the said preliminary objection regarding maintainability of the letters patent appeal.3. in support of the preliminary objection, counsel for the respondents made the following submissions(i) the subject matter of the writ petition before ..... by the respondents was allowed. the counsel for the respondents, mr. a.c. dharmadhikari, raised a preliminary objection as to the maintainability of the present letters patent appeal in the light of the decision of supreme court in the case of shalini shyam shetty & anr. v. rajendra shankar patil reported in 2010 (7) .....
Tag this Judgment!Court : Mumbai Nagpur
..... stipulates that every other order against which appeal is not provided, is final, but always subject to provisions for revision. the provisions of section 2 of the "amending act" stipulates that this sub-section shall be deemed always to have been enacted in this form in section 152. therefore, though section 101[3] makes the ..... and also directed the cooperative court to decide the application for temporary injunction expeditiously. this order of the learned single judge was then questioned in letters patent appeal by the society. the division bench of this court has in paragraph no.4 noted circular dated 03.03.2001 which contained guidelines to be followed ..... ghare, learned counsel in the case of shri basaveshwar cooperative credit society ltd., kolhapur vrs. jayant shivlal banchhode (supra), shows that it is delivered in letters patent appeal and those proceedings arose out of a notice to recover arrears dated 28.07.2006 issued to respondent - jayant. jayant, had then filed a dispute .....
Tag this Judgment!Court : Mumbai Nagpur
..... stipulates that every other order against which appeal is not provided, is final, but always subject to provisions for revision. the provisions of section 2 of the "amending act" stipulates that this sub-section shall be deemed always to have been enacted in this form in section 152. therefore, though section 101[3] makes the ..... and also directed the cooperative court to decide the application for temporary injunction expeditiously. this order of the learned single judge was then questioned in letters patent appeal by the society. the division bench of this court has in paragraph no.4 noted circular dated 03.03.2001 which contained guidelines to be followed ..... ghare, learned counsel in the case of shri basaveshwar cooperative credit society ltd., kolhapur vrs. jayant shivlal banchhode (supra), shows that it is delivered in letters patent appeal and those proceedings arose out of a notice to recover arrears dated 28.07.2006 issued to respondent - jayant. jayant, had then filed a dispute .....
Tag this Judgment!Court : Mumbai Nagpur
..... favour of persons other than the tribals (hereinafter referred to as the 'non-tribals') on or after the commencement of the maharashtra land revenue code and tenancy laws (amendment) act, 1974.) (3) where an occupant belonging to a scheduled tribe in contravention of sub-section transfers possession of his occupancy, the transferor or any person who if he ..... -section (2) of any law for the time being in force has, at any time before the commencement of the maharashtra land revenue code and tenancy laws (amendment) act, 1974 transfer possession of his occupancy to a non-tribal and such occupancy is in the possession of such non-tribal or his successor-in-interest, and has ..... question framed by us will have to be answered saying that the provisions of the restoration act, 1974 shall prevail over the provisions of section 36 of the code of 1966. in the result, we make the following order. order i) letters patent appeal no.160/2002 is dismissed. no order as to costs. ii) interim relief granted .....
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
..... 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
..... state has not ignored but rather upheld public interest and has given due place for public sentiments and grievances (see section 11a, which has been introduced by amendment to the act in 1997). section 12 provides for prohibition of manufacture of liquor and construction and working of distillery or brewery. section 13 prohibits sale of liquor and enacts ..... the drink question is one of dealing with a growing social evil against which the state is bound to provide whilst it has got the opportunity. the aim is patent. we want to wean the labouring population and the harijans from the curse. it is a gigantic problem, and the best resources of all social workers, especially ..... of the common judgment and order, therefore, they were heard together and can be disposed of by common judgment. 2 these appeals under clause 15 of the letters patent are directed against the judgment and order dated 27.06.2012 of the learned single judge in writ petition no.3440/2011. that writ petition was filed by .....
Tag this Judgment!Court : Mumbai Nagpur
..... state has not ignored but rather upheld public interest and has given due place for public sentiments and grievances (see section 11a, which has been introduced by amendment to the act in 1997). section 12 provides for prohibition of manufacture of liquor and construction and working of distillery or brewery. section 13 prohibits sale of liquor and enacts ..... the drink question is one of dealing with a growing social evil against which the state is bound to provide whilst it has got the opportunity. the aim is patent. we want to wean the labouring population and the harijans from the curse. it is a gigantic problem, and the best resources of all social workers, especially ..... of the common judgment and order, therefore, they were heard together and can be disposed of by common judgment. 2 these appeals under clause 15 of the letters patent are directed against the judgment and order dated 27.06.2012 of the learned single judge in writ petition no.3440/2011. that writ petition was filed by .....
Tag this Judgment!Court : Mumbai Nagpur
..... see the constitution of such committee. 25. there was a change brought about this by adding subsection (1ab) under section 73 of the said act by way of an amendment of maharashtra act no.xli of 2000 with effect from 23-8-2000. since it is also relevant, is reproduced below: (1ab) the members of the committee ..... are not in session and the governor of maharashtra satisfied that circumstances exist, which render it necessary for him to take immediate action further to amend the maharashtra co-operative societies act, 1960 for the purpose aforesaid, this ordinance is promulgated. as per the memorandum of understanding signed by the government of maharashtra, government of india ..... single judge, by judgment dated 15-9-2011, dismissed writ petition no.2149 of 2011 upholding the objection. this was the subject-matter of challenge in letters patent appeal no.450 of 2011, which was allowed by the division bench of this court, holding that the petitioner has locus to file the instant petition. the .....
Tag this Judgment!Court : Mumbai Nagpur
..... accordingly and that is why we have recorded our independent findings of facts and evidence. it is true that after amendment of 1977 to the code of civil procedure by virtue of the provision of section 141 of the code of ..... by the learned counsel for both parties. 36. exercise of jurisdiction by the learned single judge and the present letters patent appeals and reliefs: the university and the college tribunal recorded the following findings in respect of anil gaikwad and diwakar ..... b) 2004 (9) supreme court cases 747 (icici ltd....versus...ahmedabad manufacturing and calico printing co. ltd. and another). (c) 2005 (12) supreme court cases 219 (pradeep kumar...versus...union of india and others). (d) 2007 (4) supreme court cases 241 ( ..... the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the .....
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