Court : Mumbai Aurangabad
..... it is further submitted that, the disputed land is included in the town planning area and the town planning scheme is made applicant to shirdi, the provisions of section 43 c of the bombay tenancy and agricultural lands act (hereinafter referred to as the said act) will be attracted and as the provisions of section 31 are not applicable to the land included in the municipal or town planning area, the respondents / landlords will not have any right to resume the land for personal cultivation. ..... but, if he does not and the tenant continues to remain in occupation of the premises, it can only be on account of the stay order passed by the appellate court, then the legal representatives of the landlord will be entitled to defend the appeal preferred by the tenant and claim possession on the premises as the same cause of action which had been originally pleaded on the basis whereof, the lower court had decided the matter and passed the decree for eviction. ..... if such technical contentions of the writ petitioner are accepted, the society would lead to take recourse to extra legal methods. ..... municipal corporation of delhi, [(2010) 9 scc 385] and in particular paragraph nos. ..... national insurance company, [2003 (3) scc 524]. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in section 4a of the act it is provided that when the employer makes default in making the payment of compensation which is due under the act within one month from the date it fell due, the interest as provided under section 4a(a) becomes payable and if the commissioner is satisfied that there was no justification for the delay caused in making payment, he can use the power under section 4a (3)(b) also and make employer pay the penalty which may extend to 50% of the amount which was payable by the employer. ..... filmistan limited); (ii) that the word 'insurer' is used only in section 14 of the act and so the liability of insurer arises only under the circumstances mentioned in section 14 of the act; (iii) that the insurance company is different and separate legal entity and so the third proviso to section 30 of the act cannot be used against it. ..... all the appeals are heard together on the request made by learned counsel for the appellant, insurance company, as he wants to argue the same point, "the tenability of the appeals filed by the insurance company under section 30 of the workmen's compensation act 1923 when compensation amount is not deposited by the insurance company". ..... the commissioner made the order on 16-6-2003 and the insurance company deposited cheque of rs.1,74,000/- as compensation amount in the appeal in january 2004. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the assistant registrar has refused to entertain the proposals for registration of new cooperative society without giving any reason or discussing merits of the matter, wholly keeping in view the circular of 2007 issued by the government. ..... societies which may be registered a society, which has as its objects the promotion of the economic interests or general welfare of its members, or of the public, in accordance will co-operative principles, or a society established with the object of facilitating the operations of any such society, may be registered under the act; provided that, no society shall be registered if it is likely to be economically unsound, or the registration of which may have an adverse effect on development [of the co-operative movement, or the registration of which may be contrary to the policy directives which the state government may, from time to time, issue.]. ..... , reported in (2003) 6 supreme court cases 545 while deciding the issue of superannuation of the judicial officers, in rajasthan, the honourable supreme court held that high court may not strike down an illegal order although it would be lawful to do so, as the issuance of writ of certiorari is a discretionary remedy. ..... , reported in (2003) 6 scc 675, it was held that error committed by the court or authority should be a self-evident error. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... thereafter, district deputy registrar, cooperative societies, had appointed liquidator on the applicant bank to look after the affairs of the said bank. ..... it may also be useful to refer the observations of this court in ishan vasant deshmukh v/s state of maharashtra" referred supra, which read thus-"the observations of the supreme court that generally speaking if the punishment prescribed is that of imprisonment for life or death penalty, and the offence is exclusively triable by the court of sessions, the magistrate has no jurisdiction to grant bail, unless the matter is covered by the provisos attached to section 437 of the code. ..... judgment :"it is difficult to see what principle, other than pure empiricism should distinguish offences punishable with transportation for life from offences punishable with long terms of imprisonment; why, for instance, the detenu accused of lurking house trespass with a view to commit theft, for which the punishment is fourteen years imprisonment, should be specially favoured as against the individual who has dishonestly received stolen property, knowing that it was obtained by dacoity, for which ..... further reliance is placed by learned counsel for the applicant on the judgment of this court in the matter of "state of maharashtra v/s ketan sheth" 2003 (1) mh.l.j. ..... nct, delhi & anr. ..... delhi", 2001 (5) bom.c.r. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he has referred to the investigation and is pointing to the supplementary statements, where the allegations are made that he had given identification and signed the documents for obtaining the solvency certificate and had cooperated with accused no.4 shivaji ibhate. ..... however, in dealing with a case of the nature as the instant one, i am not inclined to go into the ethics of the responsibility to be followed by the advocate at the time of identification, but i am only supposed to see whether it discloses any criminal misconduct and criminal intention on the part of the advocate in identifying a false person. . . . . .. ..... his statement dated 4.4.2003 shows that, between 6.7.2003 to 27.7.2003, accused no.1 bhausaheb had come asking for the 7/12 extracts of the six farmers mentioned and he had asked him to meet the talathi (accused no.5 jayant). ..... there is no material to show that the applicant was acting in furtherance of common intention with any of the accused so as to rope him in the matter with the help of section 34 of ipc. ..... against charge sheet filed and its committal, the appellant hiralal had moved high court of delhi, but did not get relief and filed the matter before the honble supreme court. ..... delhi administration, reported in air 1972 sc 2598. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the state government without calling the petitioner and without affording an opportunity of being heard passed the order rejecting its proposal vide letter dated 27th june, 2014 on the ground that conjoint reading of the letters/circulars/orders dated 25th november, 2003, 5th may, 2010 and 21st june, 2011 issued by the union of india shows that it was possible to allow/run only such of the traditional systems of medicine, which were recognized by the central government or the competent authorities in the ..... it is submitted that in the light of the aforesaid developments, the petitioner approached the state of maharashtra and sought permission to run the diploma course pursuant to the order dated 5th may, 2010 issued by the ministry of health and family welfare, department of health research, new delhi. ..... mourya, scientist `g' and director, national institute of virology and submits that the modern system of medicine is regulated through the indian medical council act, 1956; the homeopathic system of medicine is regulated through the homeopathy central council act, 1973 and four indian systems of medicine, namely ayurveda, siddha, sowa rigpa and unani are regulated through the indian medicine central council act, 1970. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... its policy towards securing (a) that the citizens, men and women equally, have the right to an adequate means to livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, ..... however, the liquor industry is burgeoning in the wake of grim realities of the drought for the common man in the state and no heed is being paid to the mandate of the act. 6. ..... it is submitted that as far as jalgaon district is concerned, there is only one distillery is operational, run by madhukar cooperative sugar factory, which is having its own source of water i.e. ..... it is submitted that so far as hingoli district is concerned, information supplied by the state excise department reveals that one purna cooperative sugar factory ltd. ..... dharmabad and bhaurao chavan cooperative sugar factory are running their distilleries ..... it is submitted that so far as nandurbar district is concerned, one satpuda tapi parisar cooperative sugar factory ltd. ..... so far as jalna district is concerned, one samarth cooperative sugar factory ltd. ..... vaidyanath cooperative sugar factory's distillery at parli and sundarnagar cooperative sugar factory, majalgaon are having licence of production of spirit and ena .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 10) the learned counsel for resp.no.6 - society submits that, resp.no.6 is a magas vargiya grahak sahakari sanstha registered under the provisions of the maha.co-operative societies act,1960 and was running three fps nos. ..... it is submitted that, civil court injuncted resp.no.6 - society and respondent authorities from interfering in the running of fps by the petitioner however, in view of the fact the civil court has no jurisdiction to entertain the suit, on 21st november, 2011 the petitioner himself has withdrawn the regular civil appeal no.102 of 2011 preferred by him. ..... the district deputy register, co-operative societies, aurangabad by his order dated 1st september, 2003 withdrew the liquidation and handed over the affairs of said society to its managing committee. ..... on 29th september, 2003, resp.no.6 society submitted an application before the district supply officer and requested to re-grant licence of fps nos. ..... as a result, following order is passed:- order i) order passed by learned deputy commissioner supply) aurangabad in case of izdj.kdz-2003@,lch@fj-ihand357 dated 19th january, 2004 is quashed and set aside. ..... thereafter, on 29th september, 2003, resp.no.6 sanstha filed an application before the additional collector, aurangabad to restore the fps no.s.73, 77 and 78 to it however, respondent no.5 by his order dated 7th november, 2011 rejected the said application. ..... on 7th november, 2003, said authority has refused to consider the said request. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is true that the contents of the first information report lodged by shri manoj madhukar choudari, assistant registrar, cooperative societies and the competent officer to lodge an offence under the provisions of the act of 1946, apparently do not disclose commission of an offence by the petitioner under section 420 or 420 r/w 511 of ipc. ..... forwarded the entire papers to the assistant registrar, cooperative societies who was a competent authority under the act of 1946 to take further necessary action against the petitioner. ..... however, when we perused the report of inquiry conducted by complainant manoj madhukar choudhari, assistant registrar, cooperative societies which was annexed by him along with his complaint lodged at nandurbar city police station, it is revealed that in the course of inquiry conducted by him several such facts have come on record which primafacie disclose the commission of the offence under section 420 of the ipc by the petitioner. 10. ..... the learned counsel for the petitioner submitted that on 05.01.2013, one manoj madhukar chaudhari, the assistant registrar, cooperative societies, nandurbar filed the f.i.r. ..... the learned counsel further submitted that the assistant registrar, cooperative societies, nandurbar was directed by the judicial magistrate first class, nandurbar to lodge such f.i.r. ..... from the record, it is revealed that the assistant registrar, cooperative societies viz. mr. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... needless to mention that the said exercise is subject to determination of question of applicability of s.40-a(2) of the act to cooperative societies. 9. ..... the fact that sap is more than smp and sap is fixed at the initiative of assessee cooperative societies has been only noted and given importance ..... the question whether section 40-a(2) applies to a cooperative society is being answered by the ..... also a cooperative society. ..... was the case of the assessee(s)- a cooperative sugar factory that they were/are bound to pay to the cane growers ,the final cane price as per the sap fixed by the state government and the mere fact that sap fixed by the state government is based on the price recommended by the assessee(s) after finalization of accounts would not constitute appropriation of profits because appropriation would arise only after the profits are determined and profits can be determined only after all the expenses incurred for the business ..... apex court notices that on the above contentions, two questions required to be considered by the department are as follows: whether the abovementioned differential payment made by the assessee(s) to the cane growers after the close of the financial year or after the balance sheet date would constitute an expenditure under section 37 of the income tax act, 1961; and whether such differential payment would, applying the real income theory, constitute an expenditure or distribution of ..... in (2003)1 scc 660 air 2003 sc 668- commissioner of income tax vs .....
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