Court : Mumbai Aurangabad
..... contentions of the learned counsel for the respondents in this cra that their cross- objection is maintainable in this cra is not traceable in the rent control act. however, the learned counsel for the respondents is justified in contending that oral arguments of the respondents that even the landlord requires the suit premises for their ..... payment of accumulated rent shows basically that tenant fails to discharge his statutory duty as provided under clause (i) of section 15(2) of the rent control act. therefore, the learned counsel, appearing for the respondents, submits that the landlord has proved the claim for eviction of tenant on the ground of bonafide requirement ..... 9) the learned sr. counsel further submitted that the cross-objections filed in the cra are not maintainable since there is no any provision under the said act to file such cross- objections. 10) on the other hand, learned counsel appearing for the respondents/landlord submitted his response. the amendment was carried out in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... simple meaning, that is, a dispute arising between parties to a marriage, (attention may be brought to the reference made by deshmukh j. to the family courts act sub-section (1) of section 7, to elucidate the meaning of the term 'matrimonial matters') and should therefore exclude testamentary petitions wherein not only is there an ..... for exemption of court fees for women litigants in cases relating to maintenance, property right, violence and divorce; and whereas, section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), empowers the state government by notification in the official gazette to reduce or to remit any of the fees mentioned in the ..... two notifications issued by the state government. the notifications are as under:- "revenue and forests department mantralaya, bombay 400032, dated 1st october, 1994. bombay court fees act, 1959. no. stp. 1094/cr-859/m-1 whereas, the government of maharashtra has recently announced a policy with a view to promote the welfare of the women .....
Tag this Judgment!Court : Mumbai Aurangabad
..... scheduled tribes, denotified tribes, (vimukta jatis) nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (for short, '2000 act') was passed by the legislature and received the assent of the president. section 10 thereof reads thus: 10. benefits secured on the basis of ..... to unscrupulous persons, no government resolution providing protection contrary to such statutory provisions can be enforceable at law. the sphere which is covered by an act cannot be allowed to be encroached upon by any government resolution. the law in this regard is well settled. 12. a decision in the matter ..... government resolutions, issued on similar lines would over ride constitutional provisions or could avoid the consequences stipulated under sections 7 and 10 of the said act pursuant to invalidation of the caste/tribe certificate by the scrutiny committee. can such circulars give protection to such students and the employees in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the tenant on the said ground. in the present case, the revision applicant i.e. original petitioner, filed eviction petition under section 15 of the said act on three grounds, firstly the default in payment of rent; secondly bona fide requirement; and thirdly acquisition of alternate accommodation by the tenant. 68] at the out ..... a continuous period of four months without reasonable cause. 30] therefore, relying upon the averments in the application, grounds taken therein, the provisions of the said act, the judgments of this court and the supreme court and also the record and the evidence from the original record, the counsel appearing for the revision applicant ..... at dalda factory area, which is much bigger than the shop in question. it is further submitted that though it is not requirement under the said act that alternate accommodation acquired by the tenant should be within the specific distance from the tenanted premises, it is sufficiently brought on record that the newly acquired .....
Tag this Judgment!Court : Mumbai Aurangabad
..... central government the medical qualification granted to any student of such medical college shall not be a recognized medical qualification for the purposes of the 1970 act. the established colleges are also required to seek permission of the central government for the medical qualification to be recognized medical qualifications, but it would ..... the central government. section 13c(2) does not say that the effect of non-permission by the central government to the existing colleges after the amending act came into force would render the medical qualification already granted by the existing colleges before the insertion of sections 13a, 13b and 13c in 2003, unrecognized ..... be any conditional approval and secondly, drawing of a legal fiction cannot be prevented by such conditional approvals. 10) in accordance with section 22 of the imcc act, 1970 (as amended), it was for the central council to frame regulations or guidelines, which admittedly have not been framed, and, therefore, in the absence .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . manubhai manjibhai panchal and anr.], the apex court held that the predecessor of the magistrate had recorded the evidence in summary trial and so, his successor could not have acted on that evidence in view of the provisions of section 326(3) of the code. it is further observed by the apex court that in the case involved, only ..... p.c.') and also under other laws are to be tried as per the procedure laid down in the code. however, it also makes it clear that when special act like the present one has made some special provisions which are inconsistent with the general provisions of the code, the special provisions regarding the procedure need to be followed. 8 ..... , could not have decided the matter on the basis of evidence recorded by his predecessor. it was submitted that in view of the provision of section 143 of the act, it needs to be presumed that the case was tried in summary manner. with this submissions, it was further submitted that the conviction cannot sustain in law and the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the petitioner, seeking execution of the arbitral award. this application was preferred after the lapse of the limitation period under section 34 of the arbitration and conciliation act, 1996 ("the act of 1996"). (g) on 29.9.2012 warrant of attachment was issued under order xxi rule 54 of the code of civil procedure ("cpc"), which ..... copy of the award was received from the arbitrator on january 19, 2004 and on january 28, 2004, the appellants filed the application under section 34 of the act. (5) the respondent raised an objection regarding the maintainability of the petition contending that it was hopelessly barred by limitation. the principal district judge, latur, by ..... period for making an application for setting aside arbitral award is three months. the period of thirty days mentioned in proviso to section 34(3) of the act is not the period of limitation and is therefore, not prescribed period for the purpose of making an application for setting aside arbitral award. the petitioner has .....
Tag this Judgment!Court : Mumbai Aurangabad
..... down the request made by the petitioner herein. the trial court would surely consider the provisions relating to admissibility of the document, contained in relevant acts, applicable to the copy of a document and would render appropriate decision. 18 considering the limited scope of inquiry by the trial court while dealing ..... every document, by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded. section 2 (l) of the bombay stamp act, 1958, defines the "instrument" as: 2(l) "instrument" includes every document by which any right or liability is, or purports to be created, transferred, limited, ..... of k.b.saha and sons private limited v. development consultant limited, (2008) 8 scc 564, this court noticed the following statement of mulla in his indian registration act, 7th edition, at page 189: "......the high courts of calcutta, bombay, allahabad, madras, patna, lahore, assam, nagpur, pepsu, rajasthan, orissa, rangoon and jammu .....
Tag this Judgment!Court : Mumbai Aurangabad
..... legal position this court cannot affirm the view taken by the high court." 12. in so far as definition of 'dowry' under section 2 of dowry prohibition act, 1961, and amendments thereto are concerned, learned additional public prosecutor strenuously submitted that the demand of rs. 1,00,000/- for business and one motorcycle, made ..... normally understood. the evidence adduced by the prosecution does not therefore, show that any demand for "dowry" as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. since an essential ingredient of section ..... be strictly construed. dowry is a fairly well known social custom or practice in india. it is well settled principle of interpretation of statute that if the act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that trade, business or transaction knows or .....
Tag this Judgment!Court : Mumbai Aurangabad
..... unless contrary is proved by the person conducting such ultrasonography. this provision, in our view, is completely consistent with the objectives of the act and has been introduced to prohibit abuse of the pre-natal diagnostic techniques by the person conducting ultra sonography on a pregnant woman". ...................................... ..... prescribed, which includes obtaining written consent as prescribed in form g in a language the person undergoing the procedure understands. section 20 of the act deals with cancellation or suspension of the registration. sub-section (1) and (2) deal with giving of notice and reasonable opportunity before ..... by appropriate authority (hereafter referred as "complainant") under the provisions of pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994 (hereafter referred as "act") and the pre-conception and prenatal diagnostic techniques (prohibition of sex selection) rules, 1996 (hereafter referred as "rules"). 2. the .....
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