Court : Mumbai Nagpur
..... is a matter of common experience that persons shown as trustees in the register i.e. schedule i under rule 5 of the bombay public trusts rules, 1951 are shown to exist as trustees even though their tenure/term as trustees as indicated in the byelaws, memorandum of association or rules or regulations had come to ..... commissioner, greater bombay had jurisdiction to interfere with the administration of the appellant trust which was registered at baroda in the state of gujarat. after the re-organisation act came into force, an application for registration of the property situate in gujarat was filed. the audited statements of accounts admittedly were also filed till 1973. the ..... in terms of section 41a as regards the prayer for appointment of an administrator. the first respondent was only given liberty to file an appropriate application under the act. in the event, such an application is filed, indisputably the same has to be determined on its own merit. we would, however, observe that any such .....
Tag this Judgment!Court : Mumbai Nagpur
..... very well aware of the adverse report given in his case by the district superintendent of police. not only that, but under the right to information act, the citizens are very well entitled to obtain the minutes of the meeting wherein the licence was rejected by the committee unanimously. however, for the ..... hon'ble minister of prohibition and excise under section 138 of the bombay prohibition act. the hon'ble minister, instead of directing the appellate authority to decide the appeal before the learned commissioner in accordance with law, has directly considered ..... /2013 is also placed on record. 10. it appears that thereafter the petitioner has preferred an appeal as provided under section 137 of the bombay prohibition act before the commissioner, state excise. however, it appears that without awaiting the decision in the statutory appeal, the petitioner straightway filed revision application before the .....
Tag this Judgment!Court : Mumbai Nagpur
..... and set aside the impugned order. feeling aggrieved by the order of the sdo, respondents no.5 and 6 filed revision under section 111 of the tenancy act before the maharashtra revenue tribunal. the tribunal by its judgment and order dated 11th april 2011 allowed the revision and confirmed the order of the tahsildar dated 30 ..... 2.11.2002 respondents no.5 and 6 filed application under section 91 read with sections 100 and 101 of the bombay tenancy and agricultural lands (vidarbha region) act to get her rights in the agricultural land decided. application was allowed vide order dated 30.6.2003 by the tahsildar against which respondents no.7 to 13 ..... and from them, petitioners purchased the suit land, as aforesaid. naluwidow of manohar shende and waman rodba shende filed application under section 36(2) of the bpt act in the year 2003 before the assistant charity commissioner for revocation of permission granted to respondent no.14 for sale of suit land. the assistant charity commissioner rejected .....
Tag this Judgment!Court : Mumbai Nagpur
..... the 17th august, 2011 s.o. 1908(e). in exercise of powers conferred by sub-section (3) of section 4 of the national green tribunal act, 2010 (19th of 2010), the central government hereby specifies the following ordinary places of sitting of the national green tribunal which shall exercise jurisdiction in the area indicated ..... 323a specifically enables the parliament to legislate a law for establishment of administrative tribunal act and also provides for exclusion of jurisdiction of all the courts except jurisdiction of supreme court under article 136 with respect to disputes as referred to complaints ..... the hon'ble apex court and the high courts under article 32 and 226 of the constitution of india as was provided under the administrative tribunals act. the administrative tribunals act, 1985 was constituted under the enabling provisions of article 323a of the constitution of india. sub-clause (d) of clause (2) of article .....
Tag this Judgment!Court : Mumbai Nagpur
..... consequence, yet a reasonable certainty to incite the consequence must be capable of being spelt out. the present one is a case where the appellants had, by their acts or omission or by a continued course of conduct, created such a situation for unfortunate rekha that she was left with no other option except to commit suicide. in ..... or her to voluntarily come forward to give statement and to depose in a case. instigation is to goad, urge forward, provoke, incite or encourage to do an act. to satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be ..... involving such cruelty. therefore, it was proposed to amend the indian penal code, the code of criminal procedure,1973 (in short the cr.p.c) and the evidence act suitably to deal effectively not only with the cases of dowry deaths, but also the cases of cruelty to married women by the husband, the in-laws and the .....
Tag this Judgment!Court : Mumbai Nagpur
..... devolved upon him by survivorship. a specific question was raised that the provision of sub-section (1) of section 50a of the bpt act read with rules 7 and 7a of the bombay public trusts rules, 1951 (for short, the bpt rules ) requires a personal notice as well as a public notice to be issued to the trustees while ..... distinction between an ordinary trustee and a hereditary trustee. hence, whosoever becomes a trustee, is entitled to be heard under sub-section (1) of section 50a of the bpt act. thus, the judgment and order passed by the learned deputy charity commissioner stands vitiated, and, therefore, it cannot be sustained on this ground. 8. it is an ..... learned deputy charity commissioner, amravati, to provide an opportunity to the appellant of being heard in the matter before settling a scheme under section 50a(1) of the bpt act. the parties to appear before the learned deputy charity commissioner, amravati, on 6-5-2013. no fresh notice shall be issued to the parties, and the learned .....
Tag this Judgment!Court : Mumbai Nagpur
..... the loan of rs. 2000/for himself and thereby obtained pecuniary advantage for himself and committed offences under sections 7, 13(2) read with section 13(1)(d) of the act. 6. the fact that, in the month of may, 1996, the accused was working as a district manager with vasantrao naik vimukta jatis and nomadic tribes corporation ltd. is not ..... trial. his defence is of denial of the liability. 5. the trial court held that the accused was a public servant within the meaning of the section 2 of the act, who was working as a district manager, vasantrao naik vimukta jatis and nomadic tribes development corporation limited, nagpur. and, on 24/05/1996, he had demanded a sum of rs ..... in default to suffer rigorous imprisonment for six months. the accused was also convicted for an offence punishable under section 13(1) (d) read with section 13(2) of the act and was sentenced to suffer rigorous imprisonment for two years and to pay a fine in the sum of rs 2000/and in default of payment of fine, to suffer .....
Tag this Judgment!Court : Mumbai Nagpur
..... and supported the order passed by the learned single judge on 26.11.2010. the respondent took this court through the provisions of sections 7 and 20 of the act to point out that it was necessary for the public information officer to supply the information within a period of 30 days, failing which the public information officer ..... information free of costs as per the original application. a further direction to pay a penalty of rs.25,000/- under the provisions of section 20 of the act was also sought. the learned single judge partly allowed the writ petition by the judgment, dated 26.11.2010 in appeal and directed the appellants to supply the ..... into nearly 3419 pages. the appellants did not furnish the information within a period of 30 days. the respondent filed an appeal under section 19(1) of the act as the desired information was not supplied. the appeal was allowed and the first appellate authority directed the appellants to furnish the information free of costs to the respondent. .....
Tag this Judgment!Court : Mumbai Nagpur
..... liberty only according to the procedure established by law. in so far as the aspect of "procedure established by law" is concerned, section 59 of the prisons act confers power on the state government to make such rules for the purposes of release on furlough and parole. in exercise of said rule making power conferred by the ..... statutory provisions while considering the aforesaid challenge. the rules of 1959 have been framed by the state government in exercise of powers conferred by section 59 of the prisons act, 1894. initially, rule 19 read as under: "19. a prisoner may be released on parole for such period as the competent authority referred to in rule 18 ..... the respondents have submitted that rule 19 as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. it has further been stated that considering the previous experience of the convicts to misuse and .....
Tag this Judgment!Court : Mumbai Nagpur
..... has caused grave loss to the corporation and is liable for punishment as per clause 11 of the schedule-a of the employees' discipline and appeal procedure, 1951. it is submitted that similarly the charge of indiscipline is proved against the petitioner and the charge of breach of administrative order is also proved. the learned ..... prove how the accident occurred. the courts have also applied the principle of res ipsa loquitur in cases where no direct evidence was brought on record. the act itself contains a provision which concerns with the consequences of driving dangerously alike the provision in the ipc that the vehicle is driving in a manner dangerous ..... complaint before the labour court under section 28 read with item 1 of the schedule iv of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. the learned trial judge by the order passed on 10th november, 2000 concluded that the petitioner failed to prove that the inquiry conducted against him was .....
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