Court : Mumbai Aurangabad
..... by this court in the past. it needs to be presumed that these interim orders and directions were subject to result of the proceeding and the provisions of the act. the petitioner did not come to this court for getting permission for making application to appear for the common entrance test which is held for admission to post ..... ). the facts were different. 15. the procedure prescribed by the apex court in the case of madhuri patil (cited supra) and the procedure laid down in the act and the rules show that strict verification of the caste before giving benefit to a person is necessary so that the benefit is given to the real backward class person ..... to scheduled tribe, raj. in view of this circumstance, the other record which is mentioned above cannot be given much importance. 14. provision of section 6 of the act shows that each and every claim is expected to be verified by the committee independently. this becomes more necessary when there is no validity certificate in favour of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... advanced by learned counsel for the parties, at length. with their able assistance perused the grounds taken in the petition, annexures thereto, provisions of essential commodities act, maha.scheduled commodities regulation and distribution) order, 1975, judgments cited by learned counsel for the parties and also reasons recorded by respondent nos. 2, 3 ..... 28th december, 2010 to 5th january, 2011 and submitted its detailed report showing various illegalities, irregularities, discrepancies and malpractices on the part of the petitioner. acting upon the said report, respondent no.5 issued notice to the petitioner on 2nd june, 2011 and called his explanation in respect of illegalities and malpractice ..... resp.no.6 - society submits that, resp.no.6 is a magas vargiya grahak sahakari sanstha registered under the provisions of the maha.co-operative societies act,1960 and was running three fps nos. 73, 77 and 78 in aurangabad district at different places. in the year 1982, resp.no.6 society went .....
Tag this Judgment!Court : Mumbai Aurangabad
..... order ix rule 9 of code of civil procedure and also section 141 of code of civil procedure and even the provisions of section 5 of the limitation act, there is no doubt that 4th joint civil judge (senior division), aurangabad has exceeded the jurisdiction and for unsustainable reasons in law condoned the delay. therefore ..... in a judgment has been repeatedly disapproved by this court in a number of cases. whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. all discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the ..... the delay by stray observations i.e. in the interest of justice such delay is required to be condoned, is not only defeating the provisions of limitation act, but amounts to causing injustice to the defendants i.e. revision applicants herein. when the court considers the case in the interest of justice, the trial .....
Tag this Judgment!Court : Mumbai Aurangabad
..... specified in clause (i) of sub section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and (bb) when a divorce is ..... petitioner-husband challenging the order passed by principal judge, family court, aurangabad in petition c-4 of 1996 under sections 18 and 20 of hindu adoption and maintenance act 1956. learned counsel for petitioner-husband has submitted that appeal deserves to be allowed by setting aside the judgment and decree passed by the learned in charge judge ..... join the company of petitioner-husband. learned counsel further submitted that learned judge of family court has misconstrued and misinterpreted the provisions of section 23 of the said act and thereby arrived at an erroneous conclusion. in fact, the family court ought to have granted decree for divorce on the sole ground that there has been .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the order passed by the assistant collector, rahuri, who failed to appreciate the set of facts and dismissed the application under section 84 of the btal act. considerations 9. on scrutiny of the impugned order, passed by the learned member of the maharashtra revenue tribunal, it is noticed that for following reasons ..... the application under section 84, according to the learned senior counsel, was deliberately moved in order to save limitation as contemplated under section 29 of the btal act. (k) further it was the submission of the learned senior counsel that the revision filed before the maharashtra revenue tribunal was barred by limitation. according to ..... original petitioner. petitioners in writ petition no. 3094 of 2001 are legal representatives of yadav mhatarba katore. 3. the application under section 84 of the btal act was in respect of certain lands, situated at mauje sonai, taluka newasa, district ahmednagar. the said application was pertaining to the following lands, situated at .....
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..... by the additional sessions judge, hingoli in special child case no.1 of 2013 on 29th april 2015 under section 4 of the protection of children from sexual offences act, 2012 ("the act" in brief) and has been sentenced to suffer rigorous imprisonment for ten years and to pay fine of rs.35,000/- (rupees thirty five thousand) and in ..... new abadi was about a kilometer away from the main village and was having less population (thus giving opportunity to the accused to reach out to the victim for repeated acts of violation); that the accused was in a position to take precaution to conceal his activities; that the evidence of pw-7 uttam was natural where he deposed that ..... remand home and she is facing hardships of the life as she has no support and the amount of compensation deserves to be increased. relying on section 29 of the act it is stated that there is presumption that the accused committed the offence and thus according to the counsel, no interference in the judgment is called for. 9. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... some time, accused proceeded towards the river. the evidence of p.w.2 khairunbi is also considered by us within the parameters of section 6 of evidence act as discussed hereinabove. having considered the totality of the facts, circumstances and evidence, we are of the view that the accused intentionally and with knowledge poured kerosene ..... to the general rule whereunder the hearsay evidence becomes admissible. it is also observed by the supreme court that such evidence must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. the statements sought to be admitted, therefore, as forming part of res gestae, must have ..... so. the very inconsistent and improbable statements were made by the witness and, therefore, were hardly reliable. reference was made to section 118 of the evidence act. the observation was that she was a competent witness to give evidence in court, as it appears from her deposition. reference was also made that the said .....
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..... be the last word in the name of every society with limited or unlimited liability, as the case may be, which is registered or deemed to be registered under this act. explanation:-- for the purposes of this section and section 8 the expression "member of a family" means a wife, husband, father, mother, son or unmarried daughter." . . . . . . . . . . . . . . . . . . . . ..... registered company and the partnership firms. "6. conditions of registration (1) no society, other than a federal society, shall be registered under this act, unless it consists of at least ten persons or such highernumber of persons as the registrar may, having regard to the objects and economic viability ..... respectively on the cooperative society, registered company and the partnership firms. in his submission, the provisions of section 6 of the societies registration act, 1806 also confers such status on a society only after its registration. an unregistered society or an association of persons is not conferred with .....
Tag this Judgment!Court : Mumbai Aurangabad
..... cannot be treated as 'encroachers'. the learned counsel for petitioners submitted that the definition of 'encroacher' given by amendment of 1.11.2013 made to the act cannot be used against the petitioners. he submitted that the definition was introduced in the year 2013, but this definition is considered by the waqf tribunal when ..... of masjid. however, it needs to be kept in mind that plaintiffs, present petitioners are now not contending that they were mutawallis and they are entitled to act as mutawallis. on the contrary, they are claiming ownership over the aforesaid properties. the record shows that atleast till the year 1947, there was no construction ..... waqf institution and the encroachment needs to be removed. 4. the chief officer took the cognizance of the matter and started proceeding under section 54 of the act. in the said proceeding, notices were issued to the present petitioners. the petitioners appeared in the said proceeding and they contested the matter by appointing advocate. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... offence committed within a state without the consent of that state government or without any notification or order having been issued in that behalf under section 6 of the delhi act. . it is further observed by the apex court in the judgment (supra) thus : 16 as the present discussion is restricted to the question whether a magistrate can direct cbi to .....
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