Court : Mumbai Nagpur
..... thereof including lapsing of acquisition proceedings can not be read into the mrtp act. hon'ble constitution bench expressly states that section 11a of the land acquisition act being one of such provisions, cannot be applied to the acquisitions under chapter vii of the mrtp act. 15. undisputed facts reveal that declaration for acquisition ..... lapsed. they claim that land was already developed and hence, its regularization was sought under the provisions of maharashtra guntherwari developments (regularization, upgradation and control) act, 2001. the persons in possession applied for regularization on 26.04.2006 and 28.12.2007. these applications remained pending and on 02.07.2011, when ..... , therefore issued in the matter and the same is made returnable forthwith. 3. final development plan under section 31 of the maharashtra regional and town planning act, 1966 (hereinafter referred to as the mrtp act for short), for gondia municipal town was published on 24.08.1984, and in it, the said land .....
Tag this Judgment!Court : Mumbai Nagpur
..... when the judicial officers of the rank of district judge presides over as joint charity commissioner. it has given rise to conundrum. under the maharashtra cooperative societies act, 1960, all types of disputes are to be decided by cooperative court, appeal/revision by cooperative appellate court. in fact, no disputes are now required to ..... of the trust for alleged misconduct. it is noteworthy that 'court' under section 2 (4) means only 'district court' for the purposes of the act. the legislature does not appear to have desired that all and sundry disputes about personal rights or legal injury should compulsorily be placed with the jurisdiction of ..... such trusts are properly administered public interest will suffer. therefore, matters affecting administration of such trusts are covered under section 50 of the bombay public trusts act. this situation is somewhat similar to suits under section 92 of the code of civil procedure. these suits are suits in representative capacity and pertain to .....
Tag this Judgment!Court : Mumbai Nagpur
..... whom eight made applications under section 18 and obtained compensation in terms of the award of the reference court. one land holder invoked section 28a of the act and was granted compensation in terms thereof. the petitioner neither sought a reference under section 18 nor made an application under section 28a within the specified time ..... . it is provided in the statement of objects and reasons that considering that the right of reference to the civil court under section 18 of the act is not usually taken advantage of by inarticulate and poor people and is usually exercised only by comparatively affluent land owners and that this causes considerable inequality ..... pimpri (hatgaon), taluka and district yavatmal. the respondent no.1 by the notification dated 18th january 2003 issued under section 4 of the land acquisition act, 1894 (for short the act ), proposed to acquire 33.95 hectares land of mouza pimpri for minor irrigation project, including 2.27 hectares land of the land of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... any merit in his appeal. it is accordingly dismissed. 35. as against other sexually exploited girls in ashram school namely pragati, priya and heena, the acts attributed to sachin by the prosecutrix mayuri and other girls in evidence, in our opinion, were not amounting to sexual intercourse with pragati, priya and heena during ..... , the offence was registered against appellant sachin as well as secretary of the society kishor kinkar. since the offence was also registered under the atrocities act, investigation was handed over to sdpo, pulgaon susutkar. during the course of investigation, the accused were arrested. spot panchanama was drawn in presence of panchas ..... was no enquiry into the matter. furthermore, it was claimed by gajanan that he is member of scheduled tribe community and although sachin did the same heinous act with other girls as well, due to pressure from the administrative body, the matter was suppressed. he, therefore, asked police to make a detailed enquiry. thus .....
Tag this Judgment!Court : Mumbai Nagpur
..... industrial establishment had certified standing orders prior to 15.1.1959 i.e. prior to coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957. as such no error could be noticed with the finding of the learned single judge that since there were no preexisting certified standing orders in respect ..... the industrial establishment had certified standing orders prior to 15.1.1959 i.e. the coming into force of the industrial employment (standing orders) (bombay amendment) act, 1957." it could thus be clearly seen that the larger bench has in unequivocal terms has held that clause 4-c which was in the model standing ..... also contended that to certain section of workmen the appellant-employer has not been paying the minimum wages in accordance with the provisions of the minimum wages act. it was submitted that though the complainant had approached the appellant-employer on various occasions for permanency and payment of the minimum wages, the same went unheard .....
Tag this Judgment!Court : Mumbai Nagpur
..... of work, whether by way of experiment or otherwise. 5. all matters pertaining to shift working which are not covered by the standing orders applicable under this act. 6. withdrawal of recognition to unions of employees. 7. withdrawal of any customary concession or privilege or change in usage. 8. introduction of new rules of ..... were appointed in the polyester department. 6. shri puranik has invited my attention to the provision of item 2 under schedule iii of the bombay industrial relations act, dealing with assignment of work and transfer of workers within the establishment and submits that at the most, the transfer in question would attract such item, ..... their transfer from polyester department to spurn yarn department amounted to illegal change , as defined under sub-section (15) of section 3 of the bombay industrial relations act. the labour court, by its judgment and order dated 5-12-2006, allowed the said application and passed an order, the operative portion of which, is reproduced .....
Tag this Judgment!Court : Mumbai Nagpur
..... to be considered in determining compensation, and subsection (1) therein states that in determining the amount of compensation to be awarded for the land acquired under this act, the collector shall take into consideration first, the market value of the land at the date of the publication of the notification under section 4, subsection ( ..... or the owners. section 4 deals with publication of preliminary notification and inviting objections, the consideration of which is done under section 5a of the said act by granting hearing on the objections, if any, raised and the ultimate declaration that the land is required for public purpose is done by issuing declaration ..... 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 .....
Tag this Judgment!Court : Mumbai Nagpur
..... unpaid with the endorsement "funds insufficient" . accordingly, after recording the verification, the learned jmfc issued summons to the petitioner herein under section 138 of n.i.act by order passed on 9.1.2006. 5) the petitioner herein (original accused) pursuant to the said summons appeared in the said matter and original complainant filed an affidavit of ..... the original complainant, which has filed the criminal complaint (exhibit a, page 9) on 21.12.2005 against the petitioner herein (original accused) under section 138 of the negotiable instruments act before the learned jmfc, chopada, district jalgaon in respect of alleged dishonour of cheque no.108452 for an amount of rs.2,72,000, since the said cheque was returned .....
Tag this Judgment!Court : Mumbai Nagpur
..... count, 2004 criminal 529. shankarlal v. state of rajasthan.30] procedure adopted by the investigating officer in choosing one of the alleged eye witnesses i.e. suresh wani to act as a pancha for recovery of clothes of the accused and for discovery of swords at the instance of accused is deprecated by the defence. on this count following authority ..... two swords i.e. articles a and b were recovered at the instance of respective accused no. 1 and 2 on 15th august 2002 under section 27 of the evidence act. significantly enough again same p. w. 6 suresh kapse was taken as a pancha witness for this discovery panchanama. another panch p. w. 7 bhimrao patil was also ..... tried for the offence punishable under section 120(b) read with section 34 indian penal code and also for the offence punishable under section 4 and 25 of the arms act.2] criminal appeal no. 412 of 2006 is arising out of another impugned judgment and order dated 9th may 2006 passed by same court, (2nd additional sessions judge nagpur .....
Tag this Judgment!Court : Mumbai Nagpur
..... allowing appeal no.stn/05/2013 filed by the respondent no.1 under section 9 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (meps act?) challenging her termination from service by an order dated 31-10-2012. the school tribunal has set aside the order of termination, and the petitioners are ..... in employment after completion of three years' satisfactory service on probation acquires deemed confirmation in service in terms of sub-section (2a) of section 5 of the meps act? (3) whether an appointment of a part time shikshan sevak/assistant teacher (probationary) in a permanent part time vacancy can be treated as an appointment on temporary ..... to take steps for absorption of the teachers, who are rendered surplus, in accordance with rule 26 of the meps rules, whereas the management, instead of acting on such condition, terminated the services of the respondent no.1 on that ground. a specific question was, therefore, put to the learned counsel for the .....
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