Court : Mumbai Aurangabad
..... is applicable in the present case. the municipal law is a general law relating to administration of municipalities, including maharashtra municipalities act, whereas, disqualification act, is a special law dealing with the subject of disqualification of members of the local authorities on the grounds specified therein. there ..... such merger. section 6. .. .. .. ... ... section 7. .. .. .. ... ... section 8. .. .. .. ... ... section 9. .. .. .. ... .... section 10. (1) the provisions of this act and the rules shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. (2) subject to the provisions of sub-section (1 ..... to be dealt with more advantageously by the larger bench. statement of objects and reasons: 10. the maharashtra local authority members' disqualification act, 1986, is modelled on tenth schedule of the constitution of india with certain modifications since the law governs the aspect of disqualification concerning .....
Tag this Judgment!Court : Mumbai Aurangabad
..... noted that the transfer certificate issued by a government school and duly signed by the headmaster, would be admissible in evidence under section 35 of the indian evidence act. however, it is further observed that, the admissibility of such a document would be of not much evidentiary value to prove the age of the girl in ..... were going on. the learned counsel submitted that it appears improbable that while the classes were going on, the accused could have dared to indulge in the alleged act. 15. the learned counsel further submitted that it also appears unnatural that the appellant would have called the prosecutrix by sending a message through some student. the learned ..... shri mantri that taking into account the topography of the spot where appellant is alleged to have committed rape on the prosecutrix, and time at which the said act is said to have committed by the accused, serious doubts are raised about the very occurrence of the incident as alleged. the learned counsel submitted that the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... instant application. all that mr.jain would urge is that the recovery officer and the divisional joint registrar who are exercising powers under the mcs act are performing a public duty. once they are performing public duty, then, irrespective of whether the application made by the petitioners is maintainable or ..... stated that since the amounts thereunder were not repaid, the first respondent bank applied for issuance of recovery certificate under section 101 of the mcs act. on their application, on 13th september 2002, the assistant registrar concerned, granted recovery certificates, details of which are mentioned in the application which ..... petitioners are a partnership firm carrying on business as transporters and carriers. the first respondent is a cooperative bank registered under the maharashtra cooperative societies act, 1960 whereas the second and third respondents are the special recovery officer and sales officer, so also the divisional joint registrar, cooperative societies who .....
Tag this Judgment!Court : Mumbai Aurangabad
..... kachru satpute and his associates, the additional collector, beed though it appropriate to register the election dispute under section 33 (5) of the bombay village panchayats act, 1958. considering that, under the circumstances, request from ramnath suryabhan chinchkar is to be considered and inquiry is required into dispute. thus, the incomplete election ..... adjournment of the meeting called for to elect sarpanch or upa -sarpanch irrespective of quorum is permissible if there is good reason for the authority concerned for to act upon. rule 10 of the maharashtra village panchayats (sarpancha and upa sarpancha) election rules, 1984 reads thus: 10. procedure for election- (1) if ..... that any gram panchayat function at the village level. it is the primary and important unit of local self-government. gram panchayat is expected to act as village level self- government under the three tier system of democratic decentralization of panchayat raj democratic system. a gram panchayat is also a local .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of that tahsil. he was required to produce requisite evidence u/s. 33 of the representation of people act, 1951 showing that he was registered as voter in the constituency. section 33(5) of the representation of the people act requires that where the candidate is an elector of a different constituency, a copy of the electoral roll of ..... to specify, in consultation with chancellor, the eligibility conditions for being elected or nominated as member of any authority of the university. the medical education and drugs department act published rules regarding eligibility from the professors constituency to the senate of the university. the criteria of eligibility is as under: 1. a candidate shall possess post ..... no.2/university from professors' constituency of aurangabad region. 2. it is common ground that as per the provisions of maharashtra university of health sciences act, 1998, election to the senate was due on 01/09/2012. as per section 22a of the maharashtra university of health sciences .....
Tag this Judgment!Court : Mumbai Aurangabad
..... being brothers, have deposed in unequivocal manner about assault by all accused persons. common object is clearly evident. in such situation, attribution of specific individual overt act has no role to play. all requisite tests to attract section 149 established by prosecution and the contentions raised by appellants therein were rejected and the supreme court ..... other judgments, in para 19 held that, where parties go with a common purpose to execute a common object, each and every person becomes responsible for the act of each and every other in execution and furtherance of their common purpose; as the purpose is common, so must be the responsibility. 36. recently, the ..... assembly at the time of committing offence guilty of that offence. section created a constructive or vicarious liability of the members of the unlawful assembly for the unlawful acts committed pursuant to the common object by any other member of that assembly. yet, in another judgment in the case of state of a.p. v .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by this court in the past. it needs to be presumed that these interim orders and directions were subject to result of the proceeding and the provisions of the act. the petitioner did not come to this court for getting permission for making application to appear for the common entrance test which is held for admission to post ..... ). the facts were different. 15. the procedure prescribed by the apex court in the case of madhuri patil (cited supra) and the procedure laid down in the act and the rules show that strict verification of the caste before giving benefit to a person is necessary so that the benefit is given to the real backward class person ..... to scheduled tribe, raj. in view of this circumstance, the other record which is mentioned above cannot be given much importance. 14. provision of section 6 of the act shows that each and every claim is expected to be verified by the committee independently. this becomes more necessary when there is no validity certificate in favour of the .....
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