Court : Mumbai
..... preamble of this amending act indicates that the same was intended to further amend the sarfaesi act, the rddb act, the indian stamp act, 1899 and the depository act, 1996 and ..... of the said laws) as may be specified in the notification; (ii) all or any of the agreements, settlements, awards or standing orders made under any of the laws in the schedule to this act, which may be applicable to the undertaking immediately before it was acquired or taken over by the state government or before any loan, guarantee or other financial assistance was provided to it by, or with the approval of, ..... relation to any relief undertaking and in respect of the period for which the relief undertaking continues as such under sub-section (2) of section 3 - (i) all or any of the laws in the schedule to this act or any provisions thereof shall not apply (and such relief undertaking shall be exempt therefrom), or shall, if so directed by the state government, be applied with such modifications (which do not however affect the policy ..... of any secured asset is required to be taken by the secured creditor or if any secured asset is required to be sold or transferred by the secured creditor under the provisions of the sarfaesi act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any secured asset ..... [1983) 4 scc 45, 87 : 1983 scc ..... shri .....
Tag this Judgment!Court : Mumbai Nagpur
..... had directed a report to be called from the nagpur municipal corporation as to whether it was possible to increase width of the said road to 24 meters without disturbing the heritage structures namely murlidhar temple, kelibag temple and gujar gateway, the subordinate authorities, without considering the note of the hon'ble chief minister, with the change in the government, have put up a totally contrary note, which has been subsequently ..... which provide for rule making and regulation making without any added requirement of transparency, we would exhort parliament to take up this issue and frame a legislation along the lines of the us administrative procedure act (with certain well-defined exceptions) by which all subordinate legislation is subject to a transparent process by which due consultations with all stakeholders are held, and the rule or regulation making power is ..... the notification issued by the state of maharashtra/respondent no.1 herein dated 12th november, 2014 under the provisions of sub-section 2 of section 37 of the maharashtra regional and town planning act, 1966 (hereinafter referred to as the said act ) thereby sanctioning modifications with certain conditions in the development plan for the city of nagpur and for that purpose, amending notification dated 4th november, 2008. 2. ..... made by leader of ruling party shri anilji sole and members shri pravin datke and bandu raut, by raising voice ..... the committee by shri a.b.mogarkar, dy. ..... shri kishan reported in (1993) 2 scc .....
Tag this Judgment!Court : Mumbai
..... . as the questions referred for our consideration also pertain to the provisions of order xxi rule 98 and 100 cpc, it would be necessary to reproduce those provisions also, which have been amended by the bombay amendment act, 1983 ..... and conditions, as it may deem fit to impose, restore the suit or proceeding or may hear the party in defence, as the case may be, if the party that has been responsible for the default or contravention or breach, as aforesaid, makes or amends for the default or contravention or breach to the satisfaction of the court: provided that, before passing any order under this sub-rule, notice shall be given to the parties likely to be affected by the order to be passed ..... while dealing therewith, learned single judge referred to section 52 of the tp act and also to the amendment made therein by section 2 of the bombay amendment act xiv of 1939 and found that there is no notification issued making applicable the substituted section 52 to other parts of the state of maharashtra, except the city of mumbai. ..... jagannath kishore lal singh deo (1913 (17) cal.l.j. ..... . therefore, shri ..... . once the issue is placed on the pedestal of public policy and the very faith of litigants in rule of law and administration of justice, then it is not possible to make the distinction or bifurcation suggested by shri .....
Tag this Judgment!Court : Mumbai
..... lands was acquired on the basis of the order of this court, passed in pursuance of the undertaking given by respondent no.5, suppressing the material facts about the resolutions passed by its board, any act of acquiring possession of the petitioners' lands on the basis of the order dated 03.10.2007 passed by this court, is a nullity and non est in the eyes of the law, being void ab initio. ..... inter alia, for setting aside and quashing the award under section 11 and also for quashing of two notifications issued under section 6 of the act on the ground that their land was no longer required for the purpose of the remote receiving station, as the said purpose has been achieved ..... anil kumar narula, assistant general manager of airports authority of india is filed on record to the petitioners' application for amendment of the petition, denying all the adverse allegations of deception and fraud and contending, inter alia, that the alleged proposal of withdrawal of the acquisition of 50% of land was never finalized; conversely, ..... brief facts of the petition as are necessary for deciding the same can be stated as follows: late shri hajee alimohammed hajee cassum agboatwala was the original owner of several immovable properties, including the subject lands bearing survey nos.321 and 322 (part), situated at ..... dated 30.06.1950, respondent no.4 was appointed as the receiver of the entire estate of the deceased shri hajee alimohammed hajee cassum agboatwala. ..... shri nand kishore, ilr (1982) ii delhi .....
Tag this Judgment!Court : Mumbai Aurangabad
..... if there was partition made in the year 1972, in ordinary course, such mutation would not have been made and it can be said that the document was not acted upon and the names of most of the successors of raghunath were entered in the revenue record after his death. ..... state of maharashtra] to support his contention that in view of the provision of section 12(c) of the act and section 14 (i) of the hindu succession act, the property of gorakh, his share in the joint hindu family property had vested in plaintiffs and so, defendant no.3 cannot get anything even after proving adoption. ..... [xxxiii] 46 [kesharbai jagannath gujar vs. ..... death and only due to the provisions of hindu law, prevailing at that time, the widow got the property as limited owner in the year 1934 and then due to subsequent changes in the law, hindu succession act 1956, she became absolute owner of the property. ..... - (1) no adoption shall be made after the commencement of this act by or to a hindu except in accordance with the provisions contained in this chapter, and any adoption made in contravention of the said provisions shall be void. ..... the suit ought to have been decreed in toto by the trial court itself on the ground that plaintiff no.1 had become absolute owner of the properties after the death of gorakh in view of provisions of section 14 of hindu succession act, 1956 and section 12 of hindu adoptions and maintenance act, 1956 (hereinafter referred to as 'the act' for short). ..... in the case reported as 1983 mh.l.j. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the words "any person in the service of the government" the words, brackets, letter and figures, "any person in any district service referred to in clause (b) of section 239 of the maharashtra zilla parishad and panchayat samities act, 1961 or from any person in the service of the government" shall be substituted, and in item (g)] for the word "prescribed" the words "prescribed by rules made by the state government in this behalf" shall be substituted ..... below the rank of an assistant judge, appointed by the state government either specially for the case or for such cases generally; and such judge may, after such enquiry as he deems necessary, pass an order confirming or amending the declared result of the election or the order of 3[the officer empowered by the 4[state election commission]] in that behalf under section 26, or setting the election aside. ..... i have heard shri mukul kulkarni and shri m.p.bangar, learned advocates, who are before the court with two civil applications for seeking intervention ..... . it was argued by shri bhatt that when the ground for invalidation of the election is a disqualification for membership, the proper procedure is to invoke section and not to resort to an election petition under section on a close study of the two provisions in ..... shri deshmukh, learned advocate for the petitioner submits that the moment the caste claim of respondent no.3 is set aside, her candidature is rendered insignificant and as such, she could not continue as an elected .....
Tag this Judgment!Court : Mumbai
..... respect of challenge to the report of the valuation and observed as under: be that as it may, the position in law seems to be that a valuer cannot claim immunity any more if he acts negligently in making his determination and can be sued for tort or negligence but action against the valuer for damages cannot come in the way when the court is considering the validity of the valuation itself. ..... held outside india; by article 7.10 (a) of the participation agreement page 111 of volume 1, it was provided that board meetings may be held in or outside india; board meetings have in fact been held outside india, acting on clause 7.10 (a) of the participation agreement-see: board meeting dated april 2005 held in france; (v) respondent no.8/petitioner provided technical and financial assistance to the r1; (vi) pursuant to the 06 june 1981 agreement, the respondent ..... the continued use of the trade name 'safon the terms set out therein; (vii) respondent no.3 and 4 were appointed as directors of the ri company acting upon; (viii) by its letter dated 30 may respondent no.1 company acting through respondent no.2 as its managing director, confirmed its total and unconditional acceptance of various points in accordance with the 6 june 1981 agreement and the participation ..... unfair stand to be taken that the articles of association were not amended to include participation agreement even though it was acted upon in same manner, and therefore, no notice before transfer of ..... jagannath ..... (1983) ..... shri .....
Tag this Judgment!Court : Mumbai Nagpur
..... member or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring his assistance under section 37 and section 129 ..... the offence punishable under section 376a of the indian penal code and sentencing to death, convicting for the offence punishable under section 6 of the protection of children from sexual offences act, 2012 (pocso) and sentencing to suffer rigorous imprisonment for life and to pay fine of rs.2,000/-, in default, to suffer further rigorous imprisonment for three months. 3. ..... of rakesh kamble, wherein the victim was a girl of 19 years of age, this court by considering the cruel and gruesome act of the appellant/accused, posed certain questions and arrived at a conclusion that the case would surely fall in the category of rarest ..... also cannot ignore the recent amendments brought to the indian penal code on account of huge public hue and cry that arose on account of dastardly act in the heinous and gruesome rape ..... an information was received in the police station and api shri vanjari along with his other staff members rushed to the ..... been to attend some religious function in the temple namely datta mandir. ..... (reported in air 1983 sc 957); laxman .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 1 and 2 in the present case did not, in their communication earlier to the litigation, communicate the fact of having other legal representatives to the deceased and thereafter raising of the said issue by amendment of the written statement lateron in the trial court would show that if at all any grievance of the sisters of the defendants no. ..... he further points that at the time of framing of additional issues in view of the amendment to the written statement on 9th september, 1997, the amount was deposited and thereafter, the rent was being deposited regularly in the ..... shah, learned senior counsel rightly submitted that despite the provisions of section 5 (11) (c) (ii) of the bombay rent act whereunder a family member of the tenant residing with him at the time of his death can also be termed as a tenant ..... he further submitted that in view of the provisions of section 5 (11) (c) of the bombay rent act, only the member of the family who carries on business in the suit premises would be the tenant ..... therefore, the plaint was amended and the decree was also sought on the ground of sub-letting of the suit premises without the permission of the landlord. ..... the son of said jagannath soni, namely, daulal soni continued to be in possession of the suit ..... bansilal gulabchand agrawal 1983 (1) bom. ..... and shri m.n. ..... deshmukh, shri l.n ..... three sons of narhar balkrishna deshmukh, namely, shri b.n. ..... and shri m.n. ..... deshmukh, shri l.n ..... suit property was originally owned by three brothers, namely, shri b.n. .....
Tag this Judgment!Court : Mumbai Goa
..... other words the controversy regarding the payment of contribution will be settled by the respondent by making an order under section 45-a of the act after giving the applicant an opportunity to be heard regarding the payment of contribution and interest, if any, for the period from 01/07/ ..... thus, be seen that the liability to pay interest on contributions, which are not paid on the date on which such contribution has become due, invites interest as provided for under section 39(5)(a) of the act of 1948 read with regulation 31-a of the employees state insurance (general) regulations, 1950 (regulations of 1950, for short) ..... by the impugned judgment, esi court has allowed the application filed by the respondent under section 77 of the act of 1948, thereby holding that the respondent establishment is not liable to pay the contribution and interest for the ..... section 39(5)(a), which is relevant for the purpose reads as under: 39.contributions (1) the contribution payable under this act in respect of an employee shall comprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid ..... under section 39(5)(a), before its amendment with effect from 20/10/1989, ..... senior counsel for the appellant and shri sardessai, the learned counsel for ..... 1950, as it exists today, was substituted by a notification dated 09/03/1983 with effect from 26/03/1983 .....
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