Court : Mumbai Nagpur
..... our attention to various exhibits on record to point out the loan facility availed by the defendants from the state bank of india, one time settlement with it, action under section 29 of state financial corporation act by maharashtra state financial corporation, adverse order of debts recovery tribunal, etc. the document at exh. 126 is also pressed into service ..... which have lapsed on 14.01.2005. similar arguments on helping hand provided by the plaintiff to the defendants to repay their loans to the state bank of india, sicom, maharashtra state finance corporation, etc. are not relevant. as to point no. 5:--- 62. we briefly refer here to the other judgments cited by adv. dangre ..... has accepted his signature on all documents and stated that he signed the same acting in good faith. this witness denied any discussion held on 04.10.2003 when exh. 156 was executed though he stated that the plaintiff got it executed. this witness also pointed out financial difficulties and claimed that he was not .....
Tag this Judgment!Court : Mumbai Nagpur
..... and others), relied upon by shri sadavarte, learned counsel, the hon'ble apex court has considered the provisions of section 29 of the state financial corporation act and laid down the guidelines for exercise of powers under its section 29, if there is default in repayment of loan. the hon'ble supreme court has ..... india ltd and others), is the other judgment of hon'ble apex court which considers same law. (2004) 13 scc 653 (jammigumpula sivaiah vs. a.p. state financial corporation and others), is again on the same enactment. 31. air 1994 sc 1583 (satyanarain bajoria vs. ramnarain tibrewal and another), relied upon by the petitioners considers the ..... vs. central bank of india and ors., reported at (2012) 10 scc 274; mahesh chandra vs. regional manager, u.p. financial corporation and ors., reported at air 1993 sc 935; jammigumpulasivaiah vs. a.p. state financial corporation and ors., reported at (2004) 13 scc 653; laxmidevi vs. mukand kanwar and ors., reported at air 1965 sc 834; .....
Tag this Judgment!Court : Mumbai Nagpur
..... vs. lotus hotel pvt. ltd. (1983) 3 scc 379. if a promise is made in expectation that it would be acted upon, the party making promise would not be allowed to back out of it and the courts ..... acted upon it, the promise is binding on the party making it and he would not be entitled to go back upon it.8. the principle would stop the respondentcooperative housing society from backing out of its contractual obligation arising from a solemn promise made in writing to the appellant (ori.plaintiff). one may also make reference to gujarat state financial corporation ..... defendant was bound by the promise in writing. the doctrine of promissory estoppel is departure from the doctrine of consideration. in m/s motilal padampat vs. state of up: air 1979 sc 621 the principle of promissory estoppel is invoked. one party by his conduct or words made to other a clear and unequivocal .....
Tag this Judgment!Court : Mumbai Nagpur
..... [1954] 1005. 16. as observed in maulavi hussein haji abraham umarji v. state of gujarat, [2004] 6 scc 672, unique butle tube industries (p) ltd. v. u.p. financial corporation and ors., [2003] 2 scc 455 and padma sundara rago (dead) and ors. v. state, [2002] 3 scc 533. while interpreting a provision, the court only interprets ..... even definition clauses allow themselves to be modified by contextual compulsions. so the sense of the situation suggests that in section 117(1) of the act vested in the state carries a plenary connotation, while shall vest in the gaon sabha imports a qualified disposition confined to the right to full possession and enjoyment so ..... a vacancy arises in the office of the vice chancellor temporarily because of leave, illness or other causes, normally a pro-vice chancellor is appointed to act as an acting vice chancellor. however, the eligibility criteria for appointment of the vice chancellor and the pro-vice chancellor are totally different. it is, therefore, submitted .....
Tag this Judgment!Court : Mumbai Nagpur
..... first succeeded in persuading the state government to acquire a huge chunk of land for a public purpose and then transferred a major portion of the acquired land to a private individual and corporate entities by citing poor financial health of the corporation as the cause for doing so?. in radhyshyam (supra) also, the supreme court ..... and hence, the plea of discrimination was upheld. in hariram(supra) while considering the manner of exercise of powers by the state government while releasing the land under section 48 of the act of 1894, it was found that there was no firm policy with regard to release of land from acquisition. in that contest ..... . its issuance and applicability are not in dispute. moreover, the petitioners have already sought enhancement of compensation by making of reference under section 18 of the act of 1894 and said matters are still pending. the rights of the petitioners for enhanced compensation would, therefore, be considered in said proceedings in accordance with law .....
Tag this Judgment!Court : Mumbai Nagpur
..... that the circulars cannot override the provisions of statute or deviate from the statute. we may gainfully refer to the observations of apex court in the case of kerala financial corporation v. commissioner of income tax reported in air 1994 sc 2416 (cited supra), which read as under : 13. shri salve would however, urge that a ..... of the immovable property with a view to evading tax, finds support from the decision in varghese. this shows that what was stated about permissibility of circulars to 'deviate' from the provisions of the act was not one which was affirmed by the constitution bench. ? no doubt that it is an equally settled that the circulars ..... authorization of the board for grant of refund of rs.53,70,567/- independent of the provisions of the said act to the petitioner. however, it was made subject to certain administrative safeguards. needless to state that the conditions stipulated in the said communication were complied with by the petitioner and accordingly, on 28.2.1996 .....
Tag this Judgment!Court : Mumbai Nagpur
..... it cannot be held to be ultra-vires the constitution. section 10(4) ------ as a corporator /councillor. the state legislature has enacted the act which has come into force from 18th october, 2001 and the legislating power of the state government in enacting such a statute are unquestionable. this full bench also notes that the judgment in ..... employment forthwith. similarly other benefits enjoyed or derived by virtue of the said admission or appointment are to be withdrawn forthwith. scholarship, grant, allowance or other financial benefit is made recoverable as a arrears of land revenue under section 10[2]. section 11 is in two parts. section 11[1][a] deals with false ..... word but describes it when it is used with words like debt, loan,bond, claim, party or transaction etc. meaning that it implies an act or a step which helps ensure soundness (financial) or confidence can also be gathered from it. advanced law lexicon by p. ramnatha aiyar (3rd ed.,2005) quotes webster which defines "secure .....
Tag this Judgment!Court : Mumbai Nagpur
..... what basis. if there are financial constraints as stated, then, in passing a resolution, copy of which is annexed to the affidavit and expressing helplessness the corporation, which is a planning authority, has failed to provide the amenities to the residents within the municipal limits in terms of its obligatory duties under the bombay provincial municipal corporation act, 1949. the corporation will have to make necessary ..... the purpose of the 1966 act and planning law is not defeated. we are of the further view that in this situation, the state government should in its supervisory and controlling powers call for explanations as to why there is financial crunch and the reasons therefor. if the non-plan expenditure is enormous, then, the state needs to guide the corporation how to minimize it .....
Tag this Judgment!Court : Mumbai Nagpur
..... takeover the continuing projects of previous municipal ? council. every change in mode of governance needs some readjustments. ned for switching over from municipal council to municipal corporation mode of administration is occasioned by growth of population and prosperity in any particular urban area. people share the prosperity and so must be prepared to pay ..... development works initiated by the municipal council may be adversely affected or that the taxes would increase while the quantum of state's financial aid or grant may be reduced. though it is for the state government to apply its mind to the relevance and weight of the objections preferred still we may note the submissions made ..... neither the attraction of logic nor the support of law. it must be noted that the function of the government in establishing a corporation under the act is neither executive nor administrative counsel for the appellants was right in his submission that it is legislative process indeed. no judicial duty is .....
Tag this Judgment!Court : Mumbai Nagpur
..... alteration of the sanctioned development plan is the subject-matter falling within the jurisdiction of the planning authority under the maharashtra regional town planning act, 1971, respondent/nagpur municipal corporation (n.m.c.) was instructed to take suitable action under section 37 of the mrtp act. 7. the petitioners prayed for declaration that ..... admeasuring 13666 sq. meters as playground and garden. the aspirant was expected to have minimum annual turn over exceeding rs. 10 crores in any three financial years and net worth rs. 5 crores. this could not be materialized and then similar notice was again published in september 2010 and in this ..... through collective proceedings, instead of being driven to an expensive plurality of litigations, is an affirmation of participative justice in our democracy. the hon'ble court states that the narrow concepts of 'cause of action', 'person aggrieved' and individual litigation are becoming obsolescent in some jurisdictions. 42. thus, there cannot be .....
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