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Sep 09 2008 (HC)

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... city (inami and special tenures) abolition and maharashtra land revenue code (amendment) act, 1969;(xxi) the orders passed under the banking corporation (acquisition and transfer of undertakings) act, 1970;(xxii) the orders passed under the displaced persons (compensation) rehabilitation act, 1964;(xxiii) the order passed under the electric (supplied) act, 1948;(xxiv) the orders passed under the employees' provident funds and miscellaneous provisions ..... of the trust. in cases of such a serious nature, if the charity commissioner issues notice prior to the passing of the order under sub-sections (3) or (4) of section 41-d, then obviously, the trustees who are mismanaging the trust would have an opportunity to do away with the trust property and the purpose ..... the constitution of india. thus understood, the objection regarding maintainability of the writ petition on the appellate side against the impugned decision will have to be turned down.10. counsel for respondent no. 1 placed emphasis on the dictum of the apex court in the case of (umaji keshao meshram and ors. v. radhikabai, widow ..... under the maharashtra housing and area development act, 1976, and under the enactments repealed by the said act;(iii) the orders passed under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under .....

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Mar 31 2008 (HC)

Sunil S/O Eknath Patil Alias Chaudhary Vs. the State of Maharashtra (N ...

Court : Mumbai

Reported in : 2008(5)ALLMR376; 2008(4)BomCR653; 2008(5)MhLj436

..... the posts reserved for ex-servicemen and sportsmen category, for which candidates are not available. (c) prohibiting the respondents and other authorities referred in section 10-6(a) and (b) of maharashtra project affected persons rehabilitation act, 1999 (act xi of 2001 for short) from filling in at least 5% posts in c and d category mentioned in the said sub-clauses, except from ..... , which say that not only in the matters of irrigation projects but in the appointments to all the projects of government and irrespective of the fact whether maharashtra rehabilitation of project displaced persons act, 1976 is applicable to the said project or not pap or their dependents should be given highest priority for appointment to iii and iv class posts on the ..... required to acquire agricultural lands to large extent for various development activities. resettlement of the persons affected by such acquisition has also been the responsibility of welfare state. mere payment of compensation for the acquired land has always been considered to be inadequate, since the person displaced may not be able to come to terms with life merely by having cash at ..... persons displaced because of acquisition of their land for development project. an agriculturist in the field for years together, as soon as the land is acquired, may not be able to come to terms either to purchase another land from the money received by him as compensation or start a business. with years together in the field of agriculture, he may .....

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Feb 28 2008 (HC)

Bakerbeg S/O Subhanbeg and anr. Vs. Shrikant S/O Laxminarayan Zanwar a ...

Court : Mumbai

Reported in : 2008(3)ALLMR656; 2008(5)MhLj883

..... pass the decree for possession against the appellants. this court allowed the appeal by holding that the phrase 'under a title which, might have been displaced by the defendant' used in section 19(c) of specific relief act would not encompass cases where strangers set up a title adverse to the property independently and not under the vendor. thus again, it is apparent ..... former is larger relief and the latter is smaller relief. the defendant would be the person aggrieved to that extent. it follows as a necessary corollary from the abovesaid statement of law that in an appeal filed by the defendant laying challenge to the relief of compensation or refund of money or any other relief while decree for specific performance was denied ..... reported at : [1976]2scr963 , koksingh v. deokabai to argue that even in absence of appeal or cross-objection by namdeo, the lower appellate court could have passed very same order.10. advocate n.s. saboo has adopted same line of arguments.11. from arguments of learned counsel it is at once apparent that the appellants have also questioned the competency of ..... them. advocate r.l. khapre has invited attention to scheme of section 52 of transfer of property act and also section 19(b) of specific relief act. he alleges that bona fide purchasers without notice are protected and by relying upon judgment of hon'ble apex court reported at : [1954]1scr360 , durga prasad v. deep chand, he states that issue as to legality or otherwise .....

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