Court : Mumbai Nagpur
..... to the director within 30 days from today, if it so desires. iii. the director shall take decision as contemplated by sub-section 4 of section 308 of the act of 1965 within six months from the receipt of report from the collector. iv. the municipal council shall not take any decision regarding allotment of land in question, to ..... of hearing. 4. shri p.b. patil, learned advocate for the petitioner has submitted that the authority considering revision under section 318 of the act of 1965 can examine the legality or propriety of any order or the regularity of the proceedings, of any council or of any officer subordinate to such council or the ..... of hearing on admission of the petition, to the tenability of the petition on the ground that the petitioner has alternate statutory remedy available under section 318 of the act of 1965. while issuing rule on 11/02/2015, this court ordered that the objection raised on behalf of the respondent no.5 shall be considered at the time .....
Tag this Judgment!Court : Mumbai Nagpur
..... without insisting for the legal proof thereof. by merely tendering or by merely exhibiting a certificate, the date of birth cannot be said to have been proved according to evidence act. it was incumbent on the part of the prosecution to prove the entry from the register of date of birth or in respect of bona fide certificate through the concerned .....
Tag this Judgment!Court : Mumbai Nagpur
..... , dismissed or removed or his services shall not be otherwise terminated and he shall not be reduced in rank by the management except in accordance with the provisions of the act and the rules made in that behalf. rule 28 which deals with the termination of services of temporary employee is reproduced below; 28. removal or termination of service. ( ..... confirmation in service by treating him to have been appointed on probation for a period of two years in terms of sub-section (2) of section 5 of meps act. it has further been held that the petitioner was not qualified as he did not possess the qualification of b.ed., at the time of his initial appointment. 3 ..... of the government resolutions issued from time to time extending the period of obtaining training qualification. 4. relying upon the provisions of section 4(6) of the meps act read with rule 28 of the meps rules, he has urged that the services of a temporary employee cannot be terminated except in accordance with the provisions of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... its implementation temporarily together with the staff working for that scheme to the appellant. the compensation claimed in this case is under the provisions of the w.c. act and, therefore, as rightly submitted by learned counsel for respondents no. 1 to 4, what has to be seen is whether there was in existence relationship of ..... and servant stood established between the appellant and deceased dilip. he submits that for the purpose of eligibility for receiving compensation under the provisions of the w.c. act, what is required to be seen is the subsistence of master and servant relationship in terms of the definition of the term, 'employer' given in section 2(1 ..... 1 to 4 has invited my attention to the definition of the term 'employer' as given in section 2(1)(e) of the workmen's compensation act, 1923 (for short, "wc act') and submitted that since the services of deceased dilip were temporarily transferred to the appellant and were being utilized for a temporary period by the appellant, .....
Tag this Judgment!Court : Mumbai Nagpur
..... to paragraph 6 of the said judgment. relevant portion of the said paragraph can be reproduced as under:- the dying declaration is undoubtedly admissible under section 32 of the evidence act and not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the closet circumspection, to ..... the statement before acting upon it. while great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not likely to tell lies .....
Tag this Judgment!Court : Mumbai Nagpur
..... is taken into consideration. it was not committed under any mental stress or emotional disturbance and it is difficult to comprehend that he would not commit such acts and would be reformed or rehabilitated. as the circumstances would graphically depict, he would remain a menace to society, for a defenceless child has become ..... tried, convicted and sentenced to death or imprisonment for life for murder, nor dealt with according to the same criminal procedure as an adult. the special acts provide for a reformatory procedure for such juvenile offenders or children. 206. according to some indian decisions, the postmurder remorse, penitence or repentence by the murderer ..... section 376a of the indian penal code and sentencing to death, convicting for the offence punishable under section 6 of the protection of children from sexual offences act, 2012 (pocso) and sentencing to suffer rigorous imprisonment for life and to pay fine of rs.2,000/-, in default, to suffer further rigorous imprisonment .....
Tag this Judgment!Court : Mumbai Nagpur
..... (if any) to the proposed amendment, register the amendment. 10. perusal of the aforesaid scheme would clearly reveal that section 13 and section 14 of the said act operate in different fields. section 13 deals with a situation wherein a society itself finds a particular amendment to be necessary; whereas section 14 deals with a situation wherein ..... be seen that section 13 provides that an amendment to bye-laws of the society cannot be valid unless it is registered under the provisions of the said act. the procedure prescribed for registration is that a copy of the amendment passed in the manner prescribed in the general meeting of the society is required to ..... counsel appearing on behalf of the appellant, submits that the learned single judge has failed to take into consideration that the power under section 13 of the said act as is available to the registrar is only restricted either granting approval to the amendment proposed by the society or refusing the same. he submits that if however .....
Tag this Judgment!Court : Mumbai Nagpur
..... for the appellant to give a plausible explanation about the same. in that view of the matter, the burden was on the appellant as per section 106 of the evidence act, or at least, he was to give any plausible explanation about the fact as to how his wife was found in a dead condition in the house in which the .....
Tag this Judgment!Court : Mumbai Nagpur
..... that placement could not have been taken away without extending petitioner an opportunity of hearing. he is relying upon the provisions of section 4 and section 6 of the 2012 act, mentioned supra to substantiate his contention. 6. learned assistant government pleader has relied upon reply affidavit to submit that an error which had occurred inadvertently has been corrected and ..... . 7. advocate shri akshay naik appearing for respondent no.5 is relying on the provisions of section 4 as also section 6 read with schedule 'c' of 2012 act to urge that the petitioner ought to have been given 10 marks for the financial condition and inadvertently it was given 8 marks. when the list as finalized on 12th ..... /3/2017.5.fdr rs.3 lakhs.26/3/2012 to 26/3/2017. 11. in this background when legal provisions are looked into, section 4(1) of 2012 act, in its first part, mandates that such applicant desirous of establishing a new school has to deposit the amount as specified in schedule 'c' as fixed deposit in any .....
Tag this Judgment!Court : Mumbai Nagpur
..... use of such grounds for exercising discretion to not decree specific performance of contract would amount to arbitrary exercise of jurisdiction under section 20 of the specific relief act, 1963. but, these grounds have been used in the instant case by the first appellate court in refusing decree of specific performance to the appellant. the ..... to be determined with reference to the circumstances existing at the time of contract, except in cases where the hardship is seen to be resulting from any act of the plaintiff subsequent to the contract. the question of unfair advantage under subsection (2) is required to be determined by considering the terms of the contract ..... hardship which he did not foresee if specific performance was granted. he submits that none of these grounds is covered by section 20(2) of the specific relief act, 1963. he, therefore urges that the impugned judgment and order are absolutely illegal and deserve to be set aside. 10. learned counsel for the respondent submits .....
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