Court : Mumbai Nagpur
..... a constitutional amendment is also very doubtful.(j) it may be true that a statutory amendment of a rather cognate provisions, like section 115 of the civil procedure code (amendment) act,1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory amendment ..... power of superintendence under article 227 of the constitution, interfere with the order of tribunals or courts inferior to it. nor can it, in exercise of this power, act as a court of appeal over the order of court or tribunal subordinate to it. in cases where an alternative statutory mode of redressal has been provided, that would ..... by landlord and therefore comparative hardship was required to be decided in favour of the tenant in accordance with the object of section 16(2) of the maharashtra rent act. in nut shell, the ratio in the decision in shalini shetty, in a case of pure dispute between landlord and tenant, is that a writ petition under .....
Tag this Judgment!Court : Mumbai Nagpur
..... maxim "ut lite pendente nihil innoventur" (during a litigation nothing new should be introduced) has been statutorily incorporated in s. 52 of the transfer of property act, 1882. a defendant cannot, by alienating property during the pendency of litigation, venture into depriving the successful plaintiff of the fruits of the decree. the transferee ..... of codefendant / subsequent purchaser to the suit was merely for securing relief of specific performance as contemplated by section 19(b) of the specific relief act. the declaratory relief was claimed against the subsequent purchasers the said claim was superficial and no court fees was required to be paid in that regard. ..... declaration in respect of subsequent transactions in a suit for specific performance of agreement. this court noted that section 19(a) of the specific relief act provided that the specific performance of the contract may be enforced against either party thereto whereas under section 19(b) relief can be sought against any .....
Tag this Judgment!Court : Mumbai Nagpur
1. On 18/6/2010 this Court has issued notice for final disposal and accordingly Writ Petition under Articles 226 and 227 of the Constitution of India has been heard finally by issuing Rule and making it returnable forthwith. Challenge is to order passed on 19/11/2009 by the 6th Additional Sessions Judge, Nagpur in Misc. Civil Appeal Nos. 187/2009 and 279/2008. Principal Small Cause Court has vide orders on 14/8/2008 passed below Exh. 25 rejected Respondent's prayer to serve Petitioner no.1 sister on whom the service of suit summons was later on found to be not valid and Appeal No. 279/2008 was directed against it. Small Cause Court had by separate order passed below Ex. 1 on same date dismissed the Suit under Order IX Rule 5 C.P.C. against Petitioner no.1 i.e. Defendant no.1 and Appeal no. 187/2009 questioned it. By common order dated 19/11/2009 both these Appeals came to be allowed.2. Petitioners before this Court are sister and brother against whom the Respondent landlord has filed a...
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..... referred to above clearly contemplate undisputed or indisputable relationship between contesting parties to enable labour court or industrial court to exercise jurisdiction under u.l.p. act. once relationship is accepted, contention that said court can not examine nature of duties of such complainant employee or his status cannot be accepted. in ..... employers and employees in certain matters and to consolidate and amend the law in relation to the settlement of industrial disputes. the u.l.p. act was enacted to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer ..... not available because it then defeats the legislative intention in using both words like "means" and "includes" in section 3 (39) of the bra act. this interpretation introduces different concept for examining whether a person is or is not an employee in different establishments depending upon his service conditions in that regard .....
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..... the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under section 37 of the act even at an earlier stage. its conclusions separately recorded also reiterate this principle as :"(vi) once the matter reaches the arbitral tribunal or the sole arbitrator, the ..... lanco kondapalli power), the appellant before hon'ble apex court contended that jurisdiction of civil court was barred because of provisions of a.p. electricity reforms act, 1998 and electricity act 2003. hon'ble apex court noticed that it raised a tribale issue and hence it was left open for consideration by high court in writ petition ..... , a component of judicial organ established for the dispensation of justice, has passed a decree or order for the payment of money. secondly, a notice under the insolvency act is not a mode of enforcing a debt; enforcement is done by taking steps for execution available under the c. p. c. for realizing moneys. the words " .....
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..... under the same award, without an undertaking by the land holder that he would not seek enhancement of compensation under the provisions of the land acquisition act. the landholder having surrendered possession of the retainable land and being in possession of the surplus land, has approached this court by way of writ petition ..... seek enhancement of the compensation. the compensation has been awarded to the expropriated landholder in respect of his lands under the provisions of the land acquisition act by passing an award thereunder. notwithstanding the fact that the award describes payment of such compensation as exgratia, the landholder has a right to seek its ..... that the claimants would only be entitled to compensation for the land which remained with them after the application of the urban land (ceiling and regulation) act. this authority is of no assistance to the respondents. if anything this authority is against the respondents inasmuch as it also recognises that the government does .....
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..... legal position in this respect. learned addl. government pleader contends that there is no review undertaken by any authority in the matter and the provisions of prohibition act read with maharashtra country liquor rules are being rightly implemented.13. mrs. dangre, learned addl. govt. pleader points out that the alleged fire in his ..... consistent judgments of this court & departmental policy, cannot be allowed to be withdrawn. his contention is, there is no power to review under the prohibition act, and hence all subsequent orders calling upon the petitioner to pay arrears of license fee for period of four years are without jurisdiction. he is placing reliance ..... license no.99 from pardi naka, nagpur to shyam nagar, mouza somalwada, nagpur after necessary payment, according to the privilege fee rules framed under the bombay prohibition act, 1949. petitioner had applied for shifting of his license to juna pardi naka, bhandara road, nagpur on 07.11.2002 and that application was allowed in .....
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..... liquidator of amravati cotton growers ltd. as respondent. the permission is sought for by the applicants as contemplated by section 107 of the maharashtra cooperative societies act. it is contended in the application by the petitioners that they were formerly engaged by respondent no. 3 in various capacities like supervisors, clerks, peons, ..... committed material irregularity in rejecting the applications tendered by the petitioners seeking grant of permission as contemplated by section 107 of the maharashtra cooperatives societies act, 1970. it is contended that the registrar dealing with the application is not suppose to enter into the merits of the claim and the grant ..... the registrar has committed error in rejecting the application tendered by the employees seeking permission as contemplated by section 107 of the mah. coop. societies act. on perusal of the application tendered by the employees, it is evident that the employees are requesting for grant of permission to proceed against the .....
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..... are made. section 76 to the extent it is relevant reads as follows :"76. selection and appointment of university teachers:(1) subject to the provisions of this act, statutes and ordinances, the vice chancellor shall, till the university grants commission's scheme or recruitment becomes operative, appoint according to the order of merit and recommendations ..... after the appointment of the earlier candidate higher in merit is set aside.6] we see no merit in this contention since section 76(1) of the act which undoubtedly requires appointments to be made according to the order of merit and recommendation made by the selection committee, applies to the initial appointment only and not ..... another : writ petition no. 588/86 decided on 26.6.1987 in support of the contention of the petitioner. however, that decision is not rendered under the existing act and can be of no assistance to the petitioner. in the circumstances, we see no merit in the petition, which is dismissed. 9] we find from the facts .....
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..... non incorporation brings forth the distinction envisaged by the legislature in assessment of court fees in suits regulated by section 6(iv)(d) & section 6(iv) (ha) of act. the sale deed in present matter in relation to which declaration is sought by plaintiff is for rs.4,60,000/. it is, therefore, apparent that he is seeking ..... land in suits falling under particular sections shall be deemed to be 10 times the annual gross profits of such land minus the assessment. section 40 of that act deals with suits for cancellation of decrees which are not covered by other sections. the hon'ble apex court found that there was departure in said section inasmuch ..... case of satheedevi vs. prasanna, reported at jt 2010(5) sc 118. the consideration there from para 11 shows that section 7 of kerala court fees and suits valuation act, 1959, lays down different modes for determination of market value of property for the purposes of payment of court fee. its subsection (1) required the market value of .....
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