Court : Mumbai Aurangabad
..... the agrarians. the then government faced the serious defects inherent in the survey settlement system. famine commission expressed an opinion for preparation of "record of right" for property administration. for some time "khatedar system" was also resorted to. for manifold reasons such khatedar system was found unuseful and was actually abolished. thus, "famine commission", in ..... -ownership of the occupancy. principles of liability of payment of land revenue, however, was saddled upon the occupant proper regarding whole survey number. the joint occupant merely was conferred with right to have his ..... j) was incorporated, providing that the person whose name is entered authorisedly in the survey papers, for other public accounts, is responsible to government for payment of the assessment due upon any field or recognised share of a field. concept of sole holder was not favoured and rule 27 had recognised co .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the respondent denied access to the applicant and the respondent refused to cohabit anymore with the applicant. on 26th june, 2011, the applicant visited to kalamboli police station but settlement could not be done. on 3rd july, 2011, first information report no.348 of 2011 was registered against the respondent, his parents and the family friends for the offences punishable ..... , there was an illegal demand of rs. 10,00,000/- by the respondent to the applicant and her parents for purchasing or expanding his office at kalamboli. on failure of payment of rs.10,00,000/-, the respondent and his parents started harassing the applicant. it is further case of the applicant that, on denial by the applicant of any kind .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the respondent denied access to the applicant and the respondent refused to cohabit anymore with the applicant. on 26th june, 2011, the applicant visited to kalamboli police station but settlement could not be done. on 3rd july, 2011, first information report no.348 of 2011 was registered against the respondent, his parents and the family friends for the offences punishable ..... , there was an illegal demand of rs. 10,00,000/- by the respondent to the applicant and her parents for purchasing or expanding his office at kalamboli. on failure of payment of rs.10,00,000/-, the respondent and his parents started harassing the applicant. it is further case of the applicant that, on denial by the applicant of any kind .....
Tag this Judgment!Court : Mumbai Aurangabad
..... fixed or unrealistic costs. (d) the provision for costs should be an incentive for each litigant to adopt alternative dispute resolution (adr) processes and arrive at a settlement before the trial commences in most of the cases. in many other jurisdictions, in view of the existence of appropriate and adequate provisions for costs, the litigants are ..... follow." 22. in the case of ashok kumar mittal vs. ram kumar gupta [(2009} 2 scc 656 ] the honourable apex court has pointed out that; "..... present system of levying meager costs in civil matters (or no costs in some matters), is wholly unsatisfactory and does not act as a deterrent to vexatious or luxury litigation borne out ..... be actual reasonable costs including the cost of the time spent by the successful party, the transportation and lodging, if any, or any other incidental cost besides the payment of the court fee, lawyer's fee, typing and other cost in relation to the litigation. it is for the high courts to examine these aspects and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the workmen raised in their letter dated 9.3.2000, except dearness allowance are deemed to have been settled/withdrawn by virtue of the settlement. on account of non payment of da to the workmen with effect from 1.4.2000 as per the da fixed by the government under the minimum wages notification applicable to ..... charter of demands on 16/01/2013 to the petitioner claiming wage rise benefits and other long term benefits. f. several meetings were conducted for exploring an amicable settlement. g. the conciliation proceedings failed and hence the competent authority referred the dispute to the industrial tribunal at aurangabad bearing ref.(it) no.5/2013. h. ..... is contended by mr.patil that when the total sum of payments is higher than the minimum rates of wages fixed under the act, it is inconsequential and insignificant as to whether the amount of basic wages, special allowance / dearness allowance and the hra under the settlement is in consonance with those prescribed under the act of 1948. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record die settlement in the form of an arbitral award on agreed terms. 3) an arbitral award on agreed terms shall be made in accordance with section 31 and shall state ..... jurisprudence developed in this country in the last six decades and increase in the frequency of conflicting judgments of the superior judiciary will do incalculable harm to the system inasmuch as the courts at the grass roots will not be able to decide as to which of the judgments lay down the correct law and which ..... the loan installments and in view of the repeated requests made, which did not yield any result, the petitioner invoked the arbitration clause and the dispute as regards non payment of the loan amount was referred to the third respondent - arbitrator. (e) since respondents 1 and 2, despite several notices and adjournments, failed to appear in the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the case of harishankar singhania v. gaur hari singhania (air 2006 sc 2488), the supreme court on facts held that the parties were negotiating settlement and during the negotiations there was no reason for raising a dispute and referring the parties to arbitrator. the supreme court held that during the discussion between ..... superior office/government, however, decision thereon has not been received as yet. therefore, unless and until the decision is taken by the superior office/government, no payment can be made to you. after the said decision, immediate action thereon would be taken. therefore, you are requested to not to go for arbitration. yours faithfully ..... through this letter that after completion of excavation, proposal for extra item, (additional work) outside the work would be submitted for approval etc and that payment could be made as per mutual agreed rates etc. the engineer in charge soon thereafter informed to the superintending engineer vide letter dated 28.7.1987 that .....
Tag this Judgment!Court : Mumbai Aurangabad
..... tin sheets. this witness requested apparao not to remove tin sheets. his evidence shows that he made a suggestion that he will call police and they should try for amicable settlement, however, this witness was expelled from the field with a threat that he should not enter the field, and therefore, he left the place and proceeded for going to the ..... 149 of the indian penal code and directed that each of the appellants shall serve rigorous imprisonment for five years and shall pay an amount of rs.2,000/- towards payment of fine. the appellants were also convicted for the offence punishable under section 440 r/w section 149 and each of them was directed to suffer rigorous imprisonment for three .....
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..... such a document. item 9 of schedule iv, though has a large compass for looking into the contentions of the complainants, cannot appreciate a document, which is not a settlement, an agreement or an award. even on this count, the industrial court could not have considered the minutes of discussions and its purported non-production as a ground for ..... 2(p) r/w section 18 of the industrial disputes act signed between the petitioner corporation and the union representing the respondents, which could be termed as being a settlement applicable and binding upon the parties. 20. the contention of one of the respondents and that too after the conclusion of the enquiry, is that there was an ..... before the expiry of 14 days from the date of the receipt of the strike notice, and (3) was the strike in respect of demands covered by the subsisting settlement ? the first is a question of law and the other two are questions of fact. the first question revolves round the meaning of the expression "deemed to be .....
Tag this Judgment!Court : Mumbai Aurangabad
..... has granted the status and benefits of permanency from the date of completion of five years to all the daily wagers drawing an analogy from the kalelkar award / settlement, applicable to several departments of the state government. this court in the municipal council, bhandara case (supra) has concluded that the daily wagers could be entitled to ..... time, the workers who have worked with the petitioners cannot also be denied benefit on the ground that the petitioner is not able to make good the payment. consequences may be large scale retrenchment which is not in the interests of the workmen and citizens. considering these various aspects, it would be appropriate to pass ..... the instant case, the workmen who would be entitled to pay-scales for three years before filing of the complaints. as pointed out earlier, the issue involves payment to a large number of workmen. the petitioners if called upon to pay benefits as prayed for by the workmen, would be crushed by the financial burden considering .....
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