Court : Mumbai Aurangabad
..... the tenancy is respect of the land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again on the ground that the land holder bonafide requires that land for cultivating personally; an this provision shall apply also to the termination of tenancy under sub-section (5) of section 44 of the act as it stood before the commencement of the hyderabad tenancy act agricultural lands (amendment) act ..... the order of the collector was contrary to law; (ii) that the collector failed to determine some material issue of law; and (iii) that there was a substantial defect in following the procedure provided by the act which has resulted in the ..... the state government shall provide by rules for (i) the manner of conducting enquiries into the applications for possession of lands made under sub-section (2); (ii) selection of lands for taking possession; (iii) exchange and consolidation of fragments to secure as far as possible contiguous blocks to the land holder, or the tenant, (iv) the time when the termination of tenancy will take effect, and, (v) any other manner as may be considered necessary for the effect to the ..... the provisions of sub-sections (2) to (7), land holder (not being a land holder within the meaning of chapter-ivc may after giving notice to the tenant and making an application for possession as provided in sub-section (2), terminate the tenancy of any land, if the land holder bonafide requires the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 63 of the municipalities act is included in chapter iii which relates to duties and functions of the council and the municipal executive. ..... the statement of objects and reasons recorded in the bill, are set out as below: "with a view to eradicating the evil of political defection in the parliament on the national level and in the state legislatures on the state level, the parliament has amended the constitution of india by the constitution (fifty second amendment) act, 1985. ..... without prior permission from such party or aghadi or front, at election of any office, authority or committee under any relevant municipal law or the maharashtra zilla parishads and panchayat samitis act, 1961 shall not be condoned under this clause ; explanation - for the purposes of this section - (a) a person elected as a councillor, or as the case may be, a member shall be deemed to belong to the political party or aghadi or front, if any, by which he was set up as candidate for election as such councillor or member ; (b) a nominated [councillor ..... in the meeting held on 31.12.1996, respondent no.4 was declared elected as president for the year 1997-98 having secured 9 votes as against 8 votes secured by the defeated candidate. ..... joint registrar co-operative societies (appeal) bombay and others, reported in 2004(1) mh.l.j. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the event, they are not vacated by the said date, the management will be at liberty to recover the outstanding rent, electricity and water charges from 1996 onwards, if any, and seek their eviction by following the due procedure of law. ..... rules 60(1), (2) and (3) under chapter v of the labour court (practice and procedure) rules, 1975 mandatorily requires any person filing the complaint to stay the details of the grievance and should put forth a concise statement of the material facts constituting the ulp and the date of occurrence thereof. ..... hundreds of cases were filed by the union before various courts and authorities for securing benefits to the workers under various acts. ..... if the legislature wanted that for the purposes of section 25-f(b) also the average pay had to be determined by dividing the monthly wages by twenty six, a similar amendment could have been made. ..... aruna arvind parkar [2010 iii clr 459], that few workers, who are a part of the entire lot of employees represented by a union, have taken their benefits under the settlement, cannot turn around and pray that the settlement was not binding upon some of the individual workmen. 16. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the constitution (eighty-sixth amendment) act, 2002 inserted article 21-a in the constitution of india to provide free and compulsory education of all children in the age group of six to fourteen years as a fundamental right in such a manner as the state may, by law, ..... after taking into consideration the report of the law commission of india and the recommendation of the standing committee of parliament proposed amendment to part iii, iv and part iv-a of the constitution are being made which are as follows:- (a) to provide for free and compulsory education to children in the age group of 6 to 14 years for this purpose, a legislation should be introduced in parliament after the constitution (93rd amendment) bill 2001 is enacted ..... one class-room for every teacher and on office-cum-store-cum head teachers room; (ii) barrier-free access; (iii) separate toilets for boys and girls; (iv) safe and adequate drinking water facility to all children; (v) a kitchen where mid-day meal is cooked in the school; (vi) play ground; (vii) arrangements for securing the school building by boundary wall or fencing3.minimum number of working(i)two hundred working days for first class to days ..... in our opinion, the state government did not make serious efforts and attempts so as to implement the provisions of the rte act, within three years from 1.4.2010, and has not paid serious attention as to why article 21-a has been incorporated in chapter iii i.e ..... 1996 (11) scc 77 - state of haryana ..... 2004 (7) scc 112 - .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (5) where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the magistrate taking cognizance of the offence shall, without making any further inquiry in the case, (a) commit it for trial (i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court; (b) in any other case, make ..... court has consistently held that the following conditions must be fulfilled before the case against an accused can be said to be fully established on circumstantial evidence;- i) the circumstances from which the conclusion of guilt is to be drawn must or should be and not merely may be fully established, ii) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, iii) the circumstances should be of a conclusive nature and ..... . the explanation of section 273 indicates that the accused includes a person in relation to whom any proceeding under chapter viii has been commenced under this code and chapter viii is about security for keeping a peace and for good ..... ramdev singh (2004 (1) scc 421), (15) mani kumar thapa ..... state of punjab (1996 air (sc) 3254), (7) shera singh .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the selection committee referred to in the proviso to sub-section (1) shall consist of - (i) the vice-chairman of the state council; (ii) the vice-chancellor of the university concerned; (iii) one non-official to be nominated by the pro-chancellor, from amongst the nonofficial members of the executive councils of the agricultural universities in the state; (iv) two experts to be nominated by the chancellor; (v)two representatives of the indian council of agricultural research to be appointed by the state government, one of whom shall be a specialist in the particular field for which the ..... the law and judiciary department while perusing the draft amendment and notification, observed that, the amendment should not be made retrospective as per section 38(6) of the maharashtra agricultural universities (krishi vidyapeeths) act ..... the said backdrop, it is the case of the petitioners that, it becomes explicit that, while on the one hand the respondents have sought to upgrade the requisite qualification for entry in higher cadres, at the same time however they have failed to appreciate that, the requisite opportunities for securing the ..... the case of the petitioners that, all the petitioners are the members of academic staff of the university referred under chapter vii of the maharashtra agricultural universities (krishi vidyapeeths) statutes, 1990 (hereinafter referred to as the ..... of kerala (2004 air (sc) 255, (d) virender singh hooda and others v/s state of haryana and another (2004 air scw .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the tenancy is respect of the land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again on the ground that the land holder bonafide requires that land for cultivating personally; an this provision shall apply also to the termination of tenancy under subsection (5) of section 44 of the act as it stood before the commencement of the hyderabad tenancy act agricultural lands (amendment) act ..... the order of the collector was contrary to law; (ii) that the collector failed to determine some material issue of law; and (iii) that there was a substantial defect in following the procedure provided by the act which has resulted in the ..... the state government shall provide by rules for (i) the manner of conducting enquiries into the applications for possession of lands made under subsection (2); (ii) selection of lands for taking possession; (iii) exchange and consolidation of fragments to secure as far as possible contiguous blocks to the land holder, or the tenant, (iv) the time when the termination of tenancy will take effect, and, (v) any other manner as may be considered necessary for the effect to the ..... to the provisions of subsections (2) to (7), land holder (not being a land holder within the meaning of chapter ivc may after giving notice to the tenant and making an application for possession as provided in subsection (2), terminate the tenancy of any land, if the land holder bonafide requires the land .....
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