Court : Mumbai Nagpur
..... thus, it follows that if, during the operation of the agreement to lease, the licensee as a promisor under the agreement do not comply with the stipulations in the agreement within the specified period or during the period extended by the midc, the agreement would come to an end as a result of nonperformance by the promisor. ..... this challenge as to constitutionality of the act is no more res integra as the constitution bench of the apex court has held the act as valid piece of legislation vide the ruling in the case of shree ramatanoo cooperative housing society ltd. vs. ..... having considered the submissions on the record in the light of the legal position stated, we are of the view that it was open and appropriate for the midc to avoid the agreement and to take an action to resume possession of plot no.33 a in the midc area under its control, pursuant to the impugned notice and action to resume possession. ..... the pith and substance of the act is establishment, growth and organisation of industries, acquisition of land in that behalf and carrying out the purposes of the act by setting up the corporation as one of the limbs or agencies of the government. ..... and others reported in (1976) 1 scc 95b in para 12 has observed thus : in our opinion, therefore, the land had been actually utilized in execution of a housing scheme. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it was further observed that even though section 106 of the evidence act may not be intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt, but the section would apply to cases like the present, where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding death. ..... in our considered view, this was a fit case for invoking section 106 of the evidence act, which lays down that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. ..... he has also relied upon various judgments to show the scope of present appeal, extent of burden cast upon the prosecution and its not shifting to accused due to section 106 of the evidence act, absence of motive, theory of last seen etc. ..... here, in the light of provisions of section 106 of the evidence act, burden was squarely upon the accused no.1 satish and accused no.4 sadhana to show the circumstances in which death of renuka took place. ..... section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are particularly within the knowledge of the accused. ..... section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are particularly within the knowledge of the accused." 43. .....
Tag this Judgment!Court : Mumbai Nagpur
..... clause (c) explains cognizable offence to mean an offence for which, and cognizable case to mean a case in which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant; section 118 of the bombay prohibition act, 1949, hereinafter referred to as prohibition act, lays down that in the absence or any provision to the contrary in said act, the provisions of the code of criminal procedure, 1898 with respect to cognizable offences apply to offences under it. ..... being in force relating to excise revenue [and any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this act;] (b) detain and search any person whom he has reason to believe to be guilty of any offence against this act or any other law for the time being in force relating to excise revenue and if such person has any intoxicant, hemp, mhowra flowers, molasses or [other thing] in his possession, arrest ..... our attention is invited to sections 118, 119, 122, 123, 125, 129, 129-a and 129-b of the prohibition act to show that the legislature has accepted the authority or power with police to act in these offences, while officer of the state excise department cannot initiate any action unless and until he is specifically empowered in that respect. .....
Tag this Judgment!Court : Mumbai Nagpur
..... even as regards the evidence about discovery is concerned, it is submitted that the evidence falls short of the required standard to prove the circumstances as to discovery under section 27 of the evidence act, particularly when the alleged discovery is from the house of one shankar and not from the house of the appellant. ..... from the nature of the cross-examination and the statement u/s 313 of the code of criminal procedure, it appears to be the defence of the appellant that there was a talk amongst the villagers that the deceased is having illicit relations with appellants wife and the appellant had gone to the house of the deceased and had abused him saying that he is a poor person and why he is being defamed and on that ground of suspicion, he has been falsely implicated. 5. ..... the evidence of the officer, who records the dying declaration, should show his satisfaction and the court, on appreciation of his evidence, should come to the conclusion that indeed the deceased was in a fit state of mind to give the statement and that he had sufficient opportunity to observe the assailant and the assault and that the statement is not the outcome of either prompting or tutoring or a figment of imagination. ..... public prosecutor, (1976) 3 scc 618). ..... (1976) 3 scc 104). .....
Tag this Judgment!Court : Mumbai Nagpur
..... veer chand, air 1954 allahabad 643, ruled that the decree for specific performance, which provides that the property should be sold to the plaintiff by the documents and the sale deed, shall be executed within a certain time, failing which the court will have the sale deed executed by a person nominated by it, implies that the delivery of possession shall be given in accordance with the provisions of section 55(1)(f) of the transfer of property act. ..... the submissions made on behalf of the respondents before the executing court as recorded in para no.3 of the impugned order show that the judgment debtors are trying to raise the issues before the executing court, which issues have attained finality while adjudication of the claims of the respective parties in regular civil suit no.112/1976. ..... ponnuswami chettiar, air 1978 kerala 236, where the learned judge held : the executing court can grant delivery of possession of property even where no such relief is granted by a decree for specific performance of the contract of sale. ..... all these decisions were referred to and relied on by single judge of kerala high court in narayan pillai vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of pay of laboratory assistants as non-teaching staff of private colleges shall be on a par with the government employees and this court held that even though there were no statutory rules, the laboratory assistants as non-teaching staff of private college were entitled to the parity of the pay scales as per the executive instructions of the government and the writ jurisdiction of the high court under article 226 of the constitution is wide enough to issue a writ for payment of pay on a par with government employees ..... as we said earlier the excellence of the institution is largely dependent on the excellence of the teachers and it is no answer to the demand of the teachers for higher salaries to say that in view of the high reputation enjoyed by the institution for its excellence, it is unnecessary to seek to apply provisions like section 10 of the delhi school education act to the frank anthony public school. ..... this court clarified in kerala education bill6 that "the right to establish and administer educational institutions" conferred by article 30(1) does not include the right to maladminister, and that is very obvious. ..... as per this rule, pay scales applicable to all categories of teachers with effect from 01.04.1976 are given in appendix fifteen. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the admitted fact that the lands, belonging to the respondent, were acquired in the year 1980 and the fact that at that time the maharashtra resettlement of project displaced persons act, 1976, was operative or was in force, i may make reference to the ruling in the case ..... the substantial question of law must be answered in favour of the respondent as the respondents case is covered by the maharashtra resettlement of project displaced persons act, 1976 which was operative in the ..... the substantial question of law which was framed by this court on 31.10.2007, thus: whether the respondent could have been granted the benefit of provisions of the maharashtra project affected persons rehabilitation act, 1986 when the lands were acquired in the year 1980 before the act ..... the question arose in this appeal is, whether the lower courts were justified to consider the case of the plaintiff as the project affected person in view of the provisions of the maharashtra project affected persons rehabilitation act ..... such person is acquired for any project, he becomes affected person or displaced person and would be entitled to the certificate as such so as to claim the benefit of the state governments policy, if any, for re-settlement or rehabilitation of project affected or displaced person/persons. 11 ..... the declaration was granted in favour of the plaintiff because the plaintiff is a project affected person as defined in section 2(2)(c)(i) of the maharashtra project affected persons rehabilitation act .....
Tag this Judgment!Court : Mumbai Nagpur
..... in this respect, it is to be noted that when the management act, 1976 came into force, there was no such school tribunal functioning ..... act, 1977 will have overriding effect over the provisions of the management act, 1976 ..... as already stated above, the purpose of management act, 1976 is very limited and it is for taking over management of property of certain educational institutions for a limited ..... the provisions of section 9 begin with a non-obstante clause and it is clear that, therefore, said section will supersede provisions of section 3(7)(f) of the management act, 1976 ..... taking us through the provisions of the meps act and maharashtra employees of private schools (conditions of service) rules, 1981 (hereinafter referred to as meps rules), she has submitted that though the operation of the meps act is excluded in respect of recruitment of the head of the minority school, insofar as conditions of service and other matters are concerned, the employees of minority schools are at par with the employees of private ..... section 3(2) of the meps act, as amended, reads thus: (2) notwithstanding anything contained in sub-section (1), the provisions of this act shall not apply to the recruitment, of the head of a minority school and other persons (not exceeding three) who are employed in such school and whose names are notified by the management to the director or, as the case may be, the deputy director for this ..... management act, 1976 does not deal with or prescribe these matters and the m.e.p.s .....
Tag this Judgment!Court : Mumbai Nagpur
..... signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered, has not ..... been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed there-for by the law for the time being in force, the transferor or any person claiming under him shall .....
Tag this Judgment!Court : Mumbai Nagpur
..... the high court from the trend of its reasoning in the judgment, appears to take the view that while the provision for the take over in the principal act might amount to a power to acquire, however, the objects of the amending act of 1976, which merely sought to beat down the price could not be said to be part of that power and was, therefore, incapable of establishing any nexus with article 39(b). ..... sub-section (1) of section 8 of the act provides that for the deprivation of the proprietors of the management of their undertaking (which has remained closed with effect from the 17th may 1979 to the 22nd august 1980) during the period commencing on the 23rd august 1980 being the date on which the undertaking was taken over in pursuance of the orders made by the central government under the provisions of the industries (development and regulation) act, 1951 and ending on the appointed day, there shall be paid by the state government to the proprietors in cash and ..... state of kerala and minerva mills ltd. v. ..... state of kerala and another {(1973) 4 scc 225}. ..... state of kerala and another {(1973) 4 scc 225}, minerva mills ltd. .....
Tag this Judgment!