Court : Mumbai Nagpur
..... therefrom is appropriated for the purposes of such trust. once it is held that the trust is entitled to such exemption, the provision of chapter iii of the said act ceases to apply to such land with effect from tillers date 01.04.1961 and the tenants are neither entitled to inherit the tenancy nor entitled to protection under ..... such land with effect from the tillers' day, i.e. 1-4-1961, and the tenant shall not be entitled to protection from eviction under section 120 of the said act. the question no.(1) is, therefore, answered accordingly." in view of above, the certificate of exemption granted in the present case is the conclusive evidence of the fact ..... attained the finality. 2. after the death of the original tenant shri gunnusingh dhondusingh in the year 1991, the trust filed an application under section 120 of the said act for summery eviction of his l.r from the land in question. the sub divisional officer by his order dated 17.03.2007 rejected the said application and the .....
Tag this Judgment!Court : Mumbai Nagpur
P.N. Deshmukh, J. 1. All these first appeals can be conveniently disposed of together as they are arising out of common judgment and order passed by the Chairman, Motor Accident Claims Tribunal, Amravati, in Motor Accident Claim Petition (MACP) No.143 of 2007 and M.A.C.P. No.413 of 2008 filed by parents, wife and daughter, respectively, of deceased Rajendra Verma, whereby the total compensation awarded is Rs.10,33,500/-, inclusive of 'no fault liability' with interest at the rate of Rs. 8% per annum from the date of petition till its realization. Out of said amount, Rs.1,00,000/- and Rs.2,00,000/-, respectively, are ordered to be paid to the parents of deceased while remaining amount along with interest is ordered to be equally paid to the widow and daughter of deceased. 2. First Appeal No.250 of 2012 is filed by the parents Damodhar Verma, aged 65 years, and Sau.Sunita Verma, aged 60 years of deceased Rajendra, while no appeal is preferred by the widow and daughter of the deceased. Fi...
Tag this Judgment!Court : Mumbai Nagpur
..... from 10.12.1993 as full time teacher in the subject of marketing and salesmanship. in my opinion, section 5(2) of meps (condition of service regulations) act confers on the employee the status of permanency if he has served continuously for a period for two years in a permanent vacancy. even otherwise, upon scrutiny, respondent ..... , section 4(6) of the meps rules was held as mandatory and not directory. section 4(6) of the maharashtra employees of private schools (conditions of service) act, 1977 mentions thus: s. 4(6) no employee of a private school shall be suspended, dismissed or removed or his services shall not be otherwise terminated or he ..... in this case, the supreme court considered the normal rule of reinstatement with continuity of service with back wages when the termination of service is proved as wrongful (act). reinstatement is to restore the employee to the same position in which he would have been, had he not been illegally terminated. thus reinstatement is preceded by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... owner by following the law laid down by the hon'ble apex court in the case of pramod agrawal and also the provisions of section 174 of the motor vehicles act, 1988. the appeal is disposed of in the above terms with no order as to costs.
Tag this Judgment!Court : Mumbai Nagpur
..... tamil nadu state transport corporation himself was found negligent to the extent of 50% for causing accident, it was held that corporation could not be held liable under motor vehicles act and therefore, the judgment impugned fastening 50% of liability on corporation was set aside. 13. in dhanraj vs. new india assurance co. ltd. and another (supra), it ..... or a injured persona, a third person or in respect of damages of property. thus, if the insured cannot be fastened with any liability under the provisions of motor vehicles act, the question of the insurer being liable to indemnify insured, therefore, does not arise." "para:12: in dhanraj v. new india assurance co. ltd. and anr., 2004 ( ..... in respect of the entire risk of death or bodily injury of the owner of the vehicle. if that be so, section 147 (b) of the motor vehicles act which in no uncertain terms covers a risk of a third party only would be attracted in the present case." 15. the legal position, explained above, squarely applies .....
Tag this Judgment!Court : Mumbai Nagpur
..... filed by the present appellant was dismissed and present respondent no.1/original accused was acquitted of the offence punishable under section 138 of the negotiable instruments act. 4. in order to appreciate the rival submissions in the present appeal and scope of the interference in the judgment of acquittal, certain factual position and ..... the legally enforceable liability of the respondent/accused with respect to the said cheque. 24. regarding presumption under section 118 and 139 of the negotiable instruments act, much is argued by the learned counsel for the appellant/complainant that the necessary facts required to prove and required to raise the presumption under said ..... does not exist or considers the non-existence of the consideration so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that the consideration does not exist. for rebutting such presumption, what is needed is to raise a probable defence. even for the said .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: Both these appeals are directed against the judgments and awards dated 10.12.2010 passed by Motor Accident Claims Tribunal, Nagpur in Claim Petition Nos.1115/2005 and 1114/2005 whereby the petitions were allowed partly and compensation of Rs.1,70,000/- and Rs.7,68,400/- respectively were awarded to the claimants on account of death of Shashikala and Sitaram Tambe, who died in motor vehicular accident occurred on 14.08.2005 involving truck bearing Registration No.CG-04/G-7817 insured with the appellant. 2. The appellant put forth defence that there was breach of term of insurance policy in the sense that the driver of the offending vehicle was not holding valid driving license. 3. The learned tribunal framed issues. The evidence adduced before the tribunal was oral as well as documentary. The learned tribunal accepted the defence that there was breach of term of insurance policy for the reason that the driver of the offending vehicle was not holding the valid driving lice...
Tag this Judgment!Court : Mumbai Nagpur
..... bench judgment of this court in nitinindustries associates, khamgaon v state of maharashtra and others reported at 1986 mah.l.j. 474 considers provisions of bombay reorganization act, particularly its section 41. it holds that provisions of said section 41 read with rule 1 of chapter xxxi of the bombay high court appellate side rules ..... of the arbitration clause, the parties ought to have been relegated to resort to arbitration in view of the provision in section 8 of the arbitration and conciliation act, 1996. thirdly, it is contended that the petitioner/company sought to enforce the contact and intended to claim damages for alleged breach of the contract and, ..... of the arbitration clause, the parties ought to have been relegated to resort to arbitration in view of the provision in section 8 of the arbitration and conciliation act, 1996. thirdly, it is contended that the petitioner/company sought to enforce the contact and intended to claim damages for alleged breach of the contract and, .....
Tag this Judgment!Court : Mumbai Nagpur
..... the requisite quorum and they cannot now turn round to contend that the quorum was not proper. under subsection (a) of section 92 of the muhs act, no acts or proceedings shall be deemed invalid merely on the ground of non availability of the members to attend the meeting of any authority, body or committee. ..... of the university, college, institution and to settle their grievances as far as may be practicable within certain time frame. the grievance committee under the muhs act must provide for inbuilt competent authority to solve the dispute arising inside the university or educational institution or likewise. by creating such forum, the university exercises ..... and seeks redress for the grievance in a complaint made to the grievance committee, the grievance committee has necessary powers in accordance with the provisions of the act to set right the controversy generated, if any, with reasonable promptness. 11. on behalf of the respondent/university, it is contended that the petitioners had, .....
Tag this Judgment!Court : Mumbai Nagpur
..... possession of the entire property is fortified. in view of this finding, it is not necessary for us to consider the provisions of section 10(6) of the said act which contemplate the situation in which the possession can be taken ex-parte. we find that the effort of the learned assistant government pleader to urge that the disputed ..... any particular date and the possession receipt itself is undated. he invites attention to the pleadings to show that non service of notice under section 10(5) of the said act has been specifically pleaded and there is no denial to it. 6. the learned assistant government pleader has, however, relied upon the very same record and the judgment ..... before 29-11-2007 the possession of land in dispute is taken over by the state government after completing the formalities as contemplated by section 10(5) of the said act. 5. shri manohar, the learned senior counsel with shri a.a. naik, advocate has pointed out from the record of the state government that as per the last .....
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