Court : Mumbai Aurangabad
..... latur while granting such permission. therefore, relying upon the averments in the affidavit-in-reply, annexures thereto, provisions of section 36(1)(b) of the said act and the judgments of the supreme court cited supra, the counsel for the respondent no.2 submits that this writ petition may be dismissed. 50. the learned ..... for encroachment. the group of 200-300 persons of said community tried to take possession of land and they were threatening for lodging cases under atrocities act and hence the trust had submitted detail representation on 21.06.2010 to the superintendent of police, omsanabad mentioning said fact and asked to provide police ..... have given a permission. hence, this petition. 14. the learned counsel for the petitioners invited my attention provisions of section 2(10) (a) of the said act, and submitted that the petitioners are interested persons since they belong to village hinglajwadi and are devotees of dattatraya and devi math sansthan, hinglajwadi and, therefore, they .....
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
..... examination of the prosecutrix and their opinion in relation to her age based thereon. these witnesses have testified that the prosecutrix was capable of sexual act and her secondary sexual organs were very well developed. any opinion relating to sexual intercourse or rape is not certain. they opined that age of ..... vilas karale and absconding accused ram salve have collectively procured the prosecutrix for prostitution are proved. it is also proved that all other accused participated in acts abetting further continuation of the said procurement and sexual assault on prosecutrix by different accused persons. 12-b.(28) abetment and conspiracy by all accused ..... advanced by mr. savant, special public prosecutor on facts:- 12-a.(1) test identification parade/ identification in court:- (a) the version of the prosecutrix that acts of various accused were multiple. therefore, lack of prior acquaintance carries no significance. it is a case of acquaintance both by appearance and name in the process .....
Tag this Judgment!Court : Mumbai Aurangabad
..... subjected to mental and physical torture by the accused, and no specific role has been attributed to each of the accused, that which accused did what act in allegedly torturing deceased vaishali and even no time, date, month and year has been specified by the said prosecution witnesses in respect of alleged torture to ..... accused no.1, and the same are incriminating circumstances against the accused, and since deaths of victims are custodial deaths, presumption under section 106 of evidence act deserves to be invoked against the accused. moreover, he submitted that the chemical analyser's report exhibit 35 discloses kerosene residue on clothes and seized articles which ..... , pw 4 anusayabai, pw 5 chandrakant, pw 6 dr. shantaram, and pw 7 pundlik. according to him, none of the prosecution witnesses attributed specific overt act to the accused herein, in respect of occurrence of the incident, and more particularly, no specific incident in respect of alleged cruelty has been pointed out by the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . t.m.chandrashekar this court again considered the importance of pleadings in an election petition alleging corrupt practice falling within the scope of section 123 of the act and observed as under; (scc p. 677, para 11) 11 this court has repeatedly stressed the importance of pleadings in an election petition and pointed ..... does not contain the material facts on which petitioner relies, including no full particulars of any corrupt practice, are stated in the petition. 15 section 123 of the act defines corrupt practice. in the instant matter, considering the allegations levelled in the petition, section 123 (6) and (8) can be stated to be attracted. ..... raised by petitioner to the election of respondent no.1 is mainly based on corrupt practice within the meaning of section 123 of the representation of people act, 1951. 3 respondent no.1 has presented written statement and has controverted the contentions raised by petitioner in the election petition. in the written statement presented .....
Tag this Judgment!Court : Mumbai Aurangabad
..... shivaramagowdavs. t.m.chandrashekar this court again considered the importance of pleadings in an election petition alleging corrupt practice falling within the scope of section 123 of the act and observed as under; (scc p. 677, para 11) 11 this court has repeatedly stressed the importance of pleadings in an election petition and pointed ..... not contain the material facts on which petitioner relies, including no full particulars of any corrupt practice, are stated in the petition. 15 section 123 of the act defines corrupt practice. in the instant matter, considering the allegations levelled in the petition, section 123 (6) and (8) can be stated to be attracted. ..... raised by petitioner to the election of respondent no.1 is mainly based on corrupt practice within the meaning of section 123 of the representation of people act, 1951. 3 respondent no.1 has presented written statement and has controverted the contentions raised by petitioner in the election petition. in the written statement .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to all india council for technical education, new delhi (hereinafter referred to as aicte) a statutory body established under the all india council for technical education act, 1987 seeking its approval. said proposal received approval from aicte, in 2001. since then the petitioner has been running an institute called hi-tech institute of ..... for reliefs referred to hereinabove. 35. according to the petitioner, communication / order dated 18.6.2012 passed by aicte authorities is without consideration of aicte act, 1987 and the orders passed by this court and disregarding the recommendations of its own committee and the observations of the high court. according to the ..... institution does not have any right to claim continuation of the same. approvals to petitioner's institutes had been obtained on misrepresentation and as such the acts and actions of the petitioner cannot be excused or pardoned and the aicte cannot be prevented from taking appropriate action. it has been submitted that .....
Tag this Judgment!Court : Mumbai Aurangabad
..... all india council for technical education, new delhi (hereinafter referred to as aicte ) a statutory body established under the all india council for technical education act, 1987 seeking its approval. said proposal received approval from aicte, in 2001. since then the petitioner has been running an institute called hi-tech institute of ..... for reliefs referred to hereinabove. 35. according to the petitioner, communication / order dated 18.6.2012 passed by aicte authorities is without consideration of aicte act, 1987 and the orders passed by this court and disregarding the recommendations of its own committee and the observations of the high court. according to the ..... institution does not have any right to claim continuation of the same. approvals to petitioner's institutes had been obtained on misrepresentation and as such the acts and actions of the petitioner cannot be excused or pardoned and the aicte cannot be prevented from taking appropriate action. it has been submitted that .....
Tag this Judgment!Court : Mumbai Aurangabad
..... no jurisdiction to try and decide the matter regarding tenancy rights. it is the contention of the revision applicants that, remedy provided under the maharashtra rent control act is applicable to the present case. it is submitted that, the tribunal has not considered that, the land was granted for kazat (madadmash) as per muntakhab ..... , therefore, the provisions of wakf act, 1995 are not attracted. it is further submitted that, notice of the said proceedings was not properly served to the revision applicants and therefore, they could not ..... consideration. the another contention of the counsel for the revision applicants that, the land was granted for kazat (madadmash) as muntakhab, therefore, provisions of wakf act are not attracted, is devoid of any merits. said document i.e. muntakhab has been perused by the tribunal and as already observed in the aforesaid paragraph .....
Tag this Judgment!Court : Mumbai Aurangabad
..... no jurisdiction to try and decide the matter regarding tenancy rights. it is the contention of the revision applicants that, remedy provided under the maharashtra rent control act is applicable to the present case. it is submitted that, the tribunal has not considered that, the land was granted for kazat (madadmash) as per muntakhab ..... , therefore, the provisions of wakf act, 1995 are not attracted. it is further submitted that, notice of the said proceedings was not properly served to the revision applicants and therefore, they could not ..... consideration. the another contention of the counsel for the revision applicants that, the land was granted for kazat (madadmash) as muntakhab, therefore, provisions of wakf act are not attracted, is devoid of any merits. said document i.e. muntakhab has been perused by the tribunal and as already observed in the aforesaid paragraph .....
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