Court : Mumbai Nagpur
..... continues inasmuch as without the authority of law, a person cannot be deprived of his property. if the state intends to appropriate the private property without the owners' consent by acting under the statutory provisions for compulsory acquisition, the procedure authorized by law has to be mandatorily and compulsorily followed. 19. the law laid down by the apex court in ..... and anr., reported in air 1961 sc 1500, the award was passed under section 11 of the land acquisition act on 25-3-1951. no notice of this award was given to the appellant, as required by section 12(2) of the said act and it was only on or about 13-1-1953 that he received information about the making of the ..... said award, the appellant filed an application under section 18 of the said act for determination of market value of .....
Tag this Judgment!Court : Mumbai Nagpur
..... had approached the competent authority with an application seeking a finding that the permission of the competent authority was required under section 22 of the slums act. an order came to be passed by the competent authority on 14th october, 2010 thereby directing the appellant to obtain previous permission in writing from the ..... the submissions made on behalf of the respondent/tenant. 8. for appreciating the rival controversy, it would be necessary to refer to section 22 of the slums act. 22. proceedings for eviction of occupiers [or for issue of distress warrant] not to be taken without permission of competent authority. (1) notwithstanding anything contained ..... except with the previous permission in writing of the competent authority, - (a) institute, after commencement of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971, any suit or proceeding for obtaining any decree or order for the eviction of an occupier from any building or land [in a slum area or .....
Tag this Judgment!Court : Mumbai Nagpur
..... not denied by the respondents. the petitioners were not aware of the enquiry report of said committee and they have received it only under right to information act, that too after the impugned order. thus, procedural as also elementary principles of natural justice have been violated in present matter. hence, even on that ..... council also mechanically accepts the recommendation of the academic council. he, in this background, has invited our attention to procedure prescribed in section 38 of the 1998 act to urge that the motion for de-recognition was never initiated or then processed as contemplated therein. impugned action is, therefore, illegal and liable to be ..... has been permanently cancelled. 3. shri bhangde, learned senior counsel submits that after receipt of this adverse order, petitioners submitted an application under right to information act, and were then supplied a copy of enquiry report. the enquiry report is signed by 4 persons as members thereof, and it shows that on 16.06 .....
Tag this Judgment!Court : Mumbai Nagpur
..... to pass impugned order in view of section 201 of the code of criminal procedure, as the offences alleged were under the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. learned advocate also submitted that the learned magistrate could have directed to move the complaint before proper court. learned advocate for the applicants submitted that pursuant to the impugned .....
Tag this Judgment!Court : Mumbai Nagpur
..... group gram panchayat, shihu and others) relied upon by the learned advocate for the petitioner is regarding the consideration of section 35(3b) of the bombay village panchayats act, 1958 and rule 17 of the bombay village panchayats (meetings) rules, 1959. the learned advocate on behalf of the respondent nos.3 to 15 has rightly submitted ..... procedure to be followed for convening and conducting the extraordinary meeting and the annual general meeting. the byelaws cannot override the provisions of section 23-a of the maharashtra act xx of 1964. moreover, the submission made on behalf of the petitioner relying on the byelaw no.40 (1), if accepted, will lead to a fallacious ..... to the special meeting for considering the no-confidence motion; vii) in any case, the byelaws cannot override the provisions of section 23-a of the maharashtra act xx of 1964; viii) the record shows that the petitioner was having knowledge that the requisition was given for the special meeting to consider the no-confidence .....
Tag this Judgment!Court : Mumbai Nagpur
..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 154. these five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence ..... of the appellant are concerned the same has been done on 30.08.2007 (exh.78). this seizure however is not under memorandum under section 27 of the indian evidence act. this circumstance, therefore, cannot be used against the appellant. similarly the seizure of clothes with blood stains after almost 28 days of the incident i.e. on the date of .....
Tag this Judgment!Court : Mumbai Nagpur
..... sessions judge ought to have seen as to whether the applicant had given explanation thereby indicating sufficient cause for exercising his power under section 5 of the limitation act which he did not and, therefore, the impugned order is absolutely illegal and perverse inasmuch as its effect is to throw out a meritorious case on technical ..... applicant no.2 submits that prosecuting of a wrong remedy is not a valid ground for condoning the delay in criminal proceedings as section 14 of the limitation act has no application to the criminal proceedings. he also submits that no explanation whatsoever, except for prosecution of the wrong remedy, has been offered by the applicant ..... hon'ble apex court has laid down the parameters which must weigh with the mind of the court while exercising its discretion under section 5 of the limitation act, 1963 and that these parameters followed in the case of babaji (supra) by learned single judge of this court are still binding upon the courts. these parameters .....
Tag this Judgment!Court : Mumbai Nagpur
..... that when issuing the notification contemplated therein the state government must decide whether administrative provision needs to be made for all or any of the purposes of the act in the area proposed to be notified. unless the proposal formulated in the proclamation made under sub-section (1-a) of section 417-a is precise and ..... the residents of the area. it results in the provisions of amenities and conveniences necessary to civil life and their regulation by a local body. but the act also provides for the imposition of taxes of different kinds on the residents. the tax structure does not embody an integrated unified impost expressed in a single tax ..... such an opportunity of hearing to the residents would render the declaration invalid. 13. it could thus be seen that the apex court has clearly held that an act legislative in character primary or subordinate, is not subjected to rule of natural justice. it has, however, held that in case of subordinate legislation, the legislature may .....
Tag this Judgment!Court : Mumbai Nagpur
..... same for registration. no doubt, it was a registered power of attorney. the question was, however, whether the provision of section 33(1)(c) of the registration act was attracted so as to get the power of attorney executed before and authenticated by the registrar or sub-registrar within whose district or sub-district the principal resided. the ..... apex court has held that the provision of section 33(1)(a) of the registration act was not at all attracted and the case was governed by section 32, which specifies that a document can be presented for registration by (i) the person executing ..... the document in token of execution, whether for himself or on behalf of some other person. thus, "person executing" as used in section 32(a) of the act signifies the person actually executing the document and includes a principal who executes by means of an agent. where a person holds a power of attorney which authorises him .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondent cannot be non-suited on said count. moreover, in 2004, the respondent had approached the industrial court seeking relief under provisions of the act of 1971. after withdrawing aforesaid proceedings and on the basis of liberty granted, the respondent approached the labour court. perusal of the impugned judgment reveals ..... background, the respondent sought permission to withdraw aforesaid complaint with liberty to approach the labour court for seeking relief under section 33c(2) of the said act. the industrial court, bhandara by order dated 31-3-2005 permitted the respondent to withdraw the complaint and granted permission to approach the appropriate forum ..... were not tenable. the respondent, therefore, withdrew aforesaid complaint with liberty to file fresh proceedings. accordingly, application under section 33c(2) of the said act was filed claiming difference of wages from the year 1987 to 2000. the aforesaid benefit was claimed in terms of clause 28 of kalelkar award. the .....
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