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
..... as possession of all the co-owners? (ii) whether the plaintiff has established his claim for restoration of possession as contemplated by section 6 of the specific reliefs act. 8. shri kalbande, the learned counsel appearing for the applicant has relied upon the decision of this court in case of abdul aziz sk. imam musalman and others ..... block and that the suit under section 6 of the specific reliefs act was not maintainable. 5. the plaintiff himself entered the witness box and examined smt. umabai, the mother of the respondent no.2; dr.dubey who occupied the ..... further stand taken that the respondent no.2 being the co-owner of the property cannot be evicted in a suit under section 6 of the specific reliefs act and the applicant/plaintiff is required to file a suit for partition and separate possession. according to the defendants, they were in constructive possession of the suit .....
Tag this Judgment!Court : Mumbai Nagpur
..... his pleadings about date of knowledge are inconsistent but, that is hardly relevant for the purpose of considering the bar under section 12[2][a] of the 1955 act. had there been a fraud or suppression, the spontaneous reaction of appellant husband and his family members would have been totally different. they would have rushed to ..... transferred to nagpur later on. just 5 days prior thereto and on 28.03.2012, the respondent wife filed a petition under section 9 of the hindu marriage act for restitution of conjugal rights at nagpur. appellant husband filed his written statement opposing restitution on 13.07.2012, while respondent wife filed her written statement opposing ..... that in this situation the story pleaded by the appellant/husband ought to have been treated as admitted. he has also relied upon section 58 of the evidence act. 4. inviting attention to the story as pleaded by the respondent wife in her petition for restitution of conjugal rights, he submits that the respondent wife has .....
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
..... 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
..... and father ; and whether the parents could seek remedy against any one or more of the children? 7. section 488(1) and (8) of the old code of criminal procedure (act v of 1898) read thus, 488: (1) if any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself ..... lays down that the pronoun his in cl.(d) of s.125(1),cr.p.c. also indicates a female. section 13(1) of the general clauses act lays down that in all central acts and regulations, unless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include females. therefore, the pronoun his .....
Tag this Judgment!Court : Mumbai Nagpur
..... though firm was following cash system of accounting. the division bench of bombay high court has looked into the provisions of section 2(e) of the wealth-tax act, which defines assets ?. the judgment of the hon ble apex court reported at (1985) 152 itr 454 in commissioner of wealth tax vs. vysyaraju badreenarayana moorthy ..... transaction of the partnership. it may diminish in value depending on accumulating liabilities. here, we are not concerned with any such contingency. provisions of the wealth-tax act require tax to be charged on interest of a partner in firm as on valuation date and also contain a procedure for determining that interest. it, therefore, cannot ..... order has been passed properly. the first appellate authority (commissioner of wealth-tax appeals) has found that case falls under section 7(1) of the wealth-tax act and the assessees also do not dispute this. the provisions of section 7(1) are subject to rules and, therefore, reference to rules also becomes necessary. as .....
Tag this Judgment!Court : Mumbai Nagpur
..... though firm was following cash system of accounting. the division bench of bombay high court has looked into the provisions of section 2(e) of the wealth-tax act, which defines assets . the judgment of the hon ble apex court reported at (1985) 152 itr 454 in commissioner of wealth tax vs. vysyaraju badreenarayana moorthy ..... transaction of the partnership. it may diminish in value depending on accumulating liabilities. here, we are not concerned with any such contingency. provisions of the wealth-tax act require tax to be charged on interest of a partner in firm as on valuation date and also contain a procedure for determining that interest. it, therefore, cannot ..... order has been passed properly. the first appellate authority (commissioner of wealth-tax appeals) has found that case falls under section 7(1) of the wealth-tax act and the assessees also do not dispute this. the provisions of section 7(1) are subject to rules and, therefore, reference to rules also becomes necessary. as .....
Tag this Judgment!Court : Mumbai Nagpur
..... passenger from a train carrying passengers. the claimants have come forward with a case covered by sub-clause (2) of clause (c) under section 123 of the railways act, regarding the accidental falling of the deceased from a train carrying passengers. the burden of proof to establish this fact is upon the claimants. in order to establish an ..... tribunal was right in holding that the claimants have failed to establish that the deceased died in an untoward incident in terms of section 123(c) of the railways act on 04.03.2010; and [ii] whether the tribunal has committed an error in holding that the railway administration has established that the deceased was not a ..... 3, the finding is recorded that the claimants have failed to establish that the deceased died in an untoward incident, as defined under section 123 (c) of the railways act, 1989. 5. in the background of the facts and circumstances of the case and the contentions raised, the following points fall for determination by this court. [i] .....
Tag this Judgment!Court : Mumbai Nagpur
..... e., weapon like sword or then recoveries like alleged blood stained cloths of accused persons or then discovery of weapons from them under section 27 of the evidence act can be said to be conclusively established. in the light of these findings and observations supra, this ca report ceases to be a clinching circumstance. 35. ..... also biased and against accused persons. the police have carried out investigation in most casual manner and the way in which three statements under section 27 of the evidence act have been recorded simultaneously, allegedly in police station in the presence of the very same panch witnesses, speaks for itself. pw7 investigating officer bhaiyalal thakre, ..... rs. 5000/- or in default, to suffer si of three months. all 6 accused have also been acquitted of offence under section 135 of the bombay police act. criminal appeal no. 268 of 2004 is directed against this acquittal, and all 6 accused are party respondents therein. accused no. 2 nilkanth assails his conviction .....
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