Court : Mumbai Nagpur
..... appeal was admitted on 10.12.1998 on the point of substantial question of law as to whether the notice of termination against the appellant tenant which was served under section 106 of the act, was actually served on 16.2.1991 and whether it gave clear 15 days margin to vacate the suit premises. ..... - tenant had disputed the arrears of rent in the sum of rs.6,750/- in written statement and questioned the legality of notice under section 106 of the transfer of property act, 1882 (for short, the act?). ..... the reading of section 106 of the act, makes it clear that period mentioned under sub section (1) of the said section may be calculated from the date of the receipt of the notice to find out as to whether period of 15 days required by the defendant monthly leasee to vacate the suit premises was available to leasee ..... accordingly notice to quit issued under section 106 of the act cannot be assailed on the ground that it did not gave sufficient period to vacate the ..... (4) every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the ..... counsel does not dispute that the suit was filed on 12.4.1991 much after the lapse of period of 15 days statutorily required under section 106 of the act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... my attention is invited to exh.44 which is an order under subsection 1 of section 5 of the public premises (eviction of unauthorised occupants) act, 1971 from the office of estate officer, central railway, nagpur holding the original plaintiff bhiku antu as an unauthorised occupant and calling upon him by order under section 5(1) of the public premises (eviction of unauthorised occupants) act, 1971 and all persons who may be in occupation of suit land or any part thereof to vacate the said land within 45 days from the date of publication of the ..... order dt.8.12.1982 indicating that original plaintiff bhikaji antu kale by reply dt.8.10.l1982 to the notice dt.14.9.1982 received from the estate officer refused to vacate the suit land ..... portion of plot no.8 or adjacent to it, it cannot be inferred that the act was done acting upon the licence with the railway administration or within permissible terms of licence. .....
Tag this Judgment!Court : Mumbai Nagpur
..... he then submitted that as the petitioners had not handed over possession despite expiry of the period of license, they were liable to pay damages in terms of section 24(2) of the said act and submitted that the respondents had rightly invoked said provisions while seeking possession. ..... by the impugned order, the competent authority held that provisions of section 24 of the said act were not restricted only to residential premises and as provisions of section 24(2) of the said act were attracted, the objection raised by each petitioner were not maintainable. ..... when provisions of section 24 and section 41(c) of the said act are read together, it is crystal clear that the landlord for the purposes of section 24 of the said act is a person who has given premises on license for residence and only such landlord can recover possession of premises given on license for residence under section 24(1) of the said act. ..... for the purposes of chapter viii of the said act and section 41(c) states that a person who has given premises on license for residence or a successor in interest referred to in section 24 would be a landlord for the purposes of chapter viii. 6. ..... provisions of section 24(2) of the said act are only in aid of provisions of section 24(1) of the said act and the same contemplate payment of damages for continuing in possession after expiry of the period of license. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned single judge of this court has there in para 13 after noticing that said provision is parimateria with section 13(2) of the bombay rents, hotel and lodging house rates control act, 1947, relied upon the judgment of the hon'ble apex court in the case of badrinarayan chunilal bhutada vs. ..... in this background, learned single judge in para 14 has held that requirement of section 16(2) of maharashtra rent control act, 1999, is interlinked with its second part ie about partial eviction and hence entire provision of section 16(1)(g) and section 16(2) with the second part has to be read as a whole and construed harmoniously. ..... the learned counsel for wamanrao invites attention to provisions of section 16(2) of the rent act to urge that even if bonafide need is established, the norm of comparative hardship is required to be independently applied, feasibility of eviction from part of tenanted premises also needs to be evaluated and as that is the requirement of statute, the same cannot be dispensed with. ..... to buttress his contention about the requirements and ingredients of provisions of section 16(2) of the rent act, shri shelat, learned counsel has placed reliance upon the judgment in the case of bismilla bee vs. ..... the provisions of section 58(2) of the rent act show that the proceedings already filed and being prosecuted before rent control authorities under the provisions of rent control order can be continued further and are required to be disposed of as if said c.p. .....
Tag this Judgment!Court : Mumbai Nagpur
..... secondly, that the claim of the landlord was required to be examined in terms of provisions of section 16(1)(i) of the said act and as there were no pleadings or compliance of the aforesaid provisions, the decree passed by the trial court was contrary to ..... it is to be noted that the landlord was a trust suing through its trustee and under provisions of section 16(1) (g) of the said act, where the landlord is a trustee of a public charitable trust and the premises are required for occupation for the purposes of trust, proceedings can be initiated under the said ..... submitted that the case of the trust did not fall under provisions of section 16(1)(i) of the said act and the lower appellate court has proceeded on a wrong premise in that regard. ..... in my view, the lower appellate court committed a serious error of jurisdiction by holding the suit not to be tenable on the ground that all legal heirs of the deceased tenant were not impleaded and secondly; that its case fell within provisions of section 16(1)(i) of the said act when in fact the same clearly fell within the purview of section 16(i)(g) of the said act. ..... is necessary to note that insofar as provisions of section 16(1)(g) of the said act are concerned, when the same are invoked by a public charitable trust on the ground that it requires the premises for occupation for the purposes of trust, there is no need to show reasonable and bona fide need as contemplated by the first portion of clause (g) of section 16(1) of the said act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13[was required under section 5, as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978], the consent of such guardian was obtained by force 14[or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or ..... so far as the objection in respect of the competency of the court and the maintainability of the petition is concerned, section 14 of the hindu marriage act specifically places a bar on filing the petition for divorce within one year of the date of the ..... therefore, if there is a prayer for nullity of marriage, the petition is to be presented within one year as sub-section 2 of section 12 lays down that no petition for annuling a marriage on the ground specified in clause (c) of sub-section 1 shall be entertained if (i) petition is presented more than one year after the force has ceased to operate or as the case may be, the fraud has ..... undoubtedly, proviso cannot dilute the spirit of the main statute, however, it facilitates the parties to act in exceptional circumstances deviating the section so also creates ground for the court/authority to entertain the prayer of the parties under special circumstances as mentioned ..... after all, cruelty is a relative term and varies from the class, education, region, financial status, etc. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the documentary evidence on record, on the basis of which the offences under sections 120-b, 465, 468, 471 and 477-a of the indian penal code are alleged against the applicant, does not show any endorsement of the applicant or his office and the quotations relating to transportation rates were addressed to range forest officer and those documents were not routed through the office of the applicant and it was not the duty of the applicant to look into those quotations. ..... applicant, this court quashed the charges levelled against the applicant for offence under section 13(1)(d) punishable under section 13(2) of the prevention of corruption act, 1988, which charge was based on the accusation that the applicant has conspired and gained monetarily and therefore, the charges levelled against the applicant for the offences punishable under sections 120-b, 465, 468, 471 and 477-a of the indian penal code, which are also based on same accusations, cannot ..... this court, by the judgment dated 23-07-2012, partly allowed the application, quashed the charge against the applicant for the offence under section 13(1)(d) punishable section 13(2) of the prevention of corruption act, 1988, however, concluded that the prosecution against the applicant for the offences under the indian penal code to proceed in accordance with law. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is submitted that the evidence tendered by the petitioner on the grounds under section 16(1)(k) and 16(1)(n) of the rent control act went unchallenged as the petitioner was not cross examined by the respondent no.1. ..... the petitioner had categorically pleaded in the plaint that the suit property was leased out to the respondent no.1 for running the school and the office bearers of the respondent no.1 had promised to vacate the suit premises after the building of their own was constructed. ..... it was pleaded by the petitioner and also stated in his evidence that the notice was issued under section 195 of the act of 1965 for pulling down the suit premises as they were dangerous to the persons occupying them and were not in a habitable condition. ..... it was pleaded that the suit premises had developed cracks and was ruined and the municipal council kamptee had issued a notice to the petitioner for demolition of the suit building under section 195 of the maharashtra municipal councils nagar panchayats and industrial townships act, 1965. ..... shri dharmadhikari, the learned assistant government pleader, appearing on behalf of the respondent no.2 supported the judgments passed by the trial and the first appellate court and submitted that in view of the scanty pleadings, the courts rightly held that the petitioner was not entitled to possession of the property under section 16(1)(k) and (n) of the maharashtra rent control act. 6. ..... rule is made absolute in the aforesaid terms with no order as to costs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... shri gharote, learned advocate has submitted that when it is established that there is arbitration agreement between the parties and an application under section 8 of the arbitration and conciliation act, 1996 is filed praying for referring the parties to arbitration and once it is established that the dispute between the parties is covered by the arbitration clause, then the trial court is under obligation to refer ..... tender offer made by the appellant dated 15.1.2001 and supply order of pgi dated 29.9.2002, and, in our view, to constitute an arbitration agreement between the parties and the action taken on behalf of the appellant and in view of section 7 of the act and considering the principles laid down by the aforesaid two decisions of this court, as noted herein earlier, we are of the view that the arbitration agreement did exist and therefore the matter should be referred to an ..... scc 618, the learned advocate for the respondent has submitted that the trial court, while considering the application under section 8 of the arbitration and conciliation act exercises judicial powers and therefore, it has to examine whether the requirements necessary for referring the parties for arbitration are existing or not. ..... the petitioners cannot impose the terms of arbitration clause unilaterally and unless it is shown that the respondent agreed for the terms of the arbitration clause, the trial court cannot exercise jurisdiction under section 8 of the arbitration and conciliation act, 1996. .....
Tag this Judgment!Court : Mumbai Nagpur
..... one of the challenge was that the employee should have approached the grievances redressal committee of the university under section 57 of the maharashtra universities act, 1994 (hereinafter referred to as the act of 1994 ) and the industrial court had no jurisdiction to entertain the complaint filed by the employee. ..... if at all the grievances committee was of the opinion that it had no jurisdiction to entertain and decide the application filed by the employee under section 57 of the act of 1994, the grievances committee could have approached this court by filing review application or the grievances committee could have challenged the order passed by this court in writ petition no ..... jagdale, advocate for the employer has submitted that the grievances committee has recorded that it has no jurisdiction to entertain the application filed by the employee under section 57 of the act of 1994 and therefore, the grievances committee could not have granted relief to the employee. ..... the provisions of section 57(1) and (2) of the act of 1994 confers the jurisdiction on the grievances committee to deal with the complaints of the teachers and other employees of the university, colleges, institutions and recognized institutions, if the complaints are not in respect of the matters which are within the jurisdiction of the tribunal constituted as per section 58 of the act of 1994. ..... office shall register this contempt proceedings separately and place before the appropriate bench for appropriate orders .....
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