Search Results Judgments > Act:DISPLACED PERSONS COMPENSATION AND REHABILITATION ACT 1954 [REPEALED] Section 10 Court:Mumbai Year:2008
Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
... 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 Act, 1952;(xxv) the orders passed under the Employees' State Insurance Act, 1948;(xxvi) the orders passed under the Factories Act, 1948;(xxvii) the orders passed under the Indian Railways Act ... in acts of commission or omission covered by Clauses (a) to (f) of Sub-section (1) thereof. Sub-section (2) further obligates the Charity Commissioner to record the explanation and the finding on each charge against the concerned trustee or person for necessitating action under Sub-section (1). Sub-section (3) of Section 41-D ... Act, 1976, and under the enactments repealed by the said Act;(iii) the orders passed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971(iv) the orders passed under the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 the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Act ... . 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 ...
Court : Mumbai
Reported in : 2008(5)ALLMR376; 2008(4)BomCR653; 2008(5)MhLj436
... Preamble of Maharashtra Project Affected Persons rehabilitation Act, 1999 (Act XI of 2001) reads thus: An act to consolidate and amend the law relating to the rehabilitation of persons affected by certain projects in the State of Maharashtra and for matters connected therewith or incidental thereto. The term project is defined in Section 2(10) and affected person is defined by Section 2(2). We are not ... 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 ... 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 ... (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 the category of project affected persons.2. Petitioner is B.A. with Economics. ...
Court : Mumbai
Reported in : 2009(2)BomCR407
... income. For that reliance was placed on the provisions of the Government Grants Act, 1895(hereinafter referred to as Grants Act') The Statement of Objects and Reasons of the said Act explains the need of enacting the said legislation. It reads thus:The Transfer of Property Act, 1882, Sections 10-12 invalidate with certain exceptions all conditions for the forfeiture of the transferred property ... 1963 are repealed hereby.2. As to the regularization of the violation of terms & conditions:(A) Those who have violated the terms & conditions in the lease of the land or transferred lands unauthorizedly for more than ones,in such cases the lands in questions in whose possession those lands are shall be regularised in the name of that person as ... were enjoying the lands in question as Bhumiswami. It was argued that, that right was protected by the subsequent legislation of Madhya Pradesh Land Revenue Code, 1954 (Section 152) or for that matter, MLRC(Sections 336, 337). Indeed, if the holder of the land possessed permanent and transferable right in the property, he would fall within the definition of 'occupant-Class ... reads thus:The Transfer of Property Act, 1882, Sections 10-12 invalidate with certain exceptions all conditions for the forfeiture of the transferred property on alienation by the transferee and all limitations over consequent upon any such alienation or any insolvency of or attempted alienation by him. The Crown is not specifically mentioned in the Act, and it may be assumed ...
Court : Mumbai
Reported in : 2009(4)BomCR908
... on behalf of the defendants that notice under Section 10 of Carriers Act, 1865 has not been issued. The said argument is required to be accepted. Section 10 of the Carriers Act, 1865 provides that a notice must be issued by the person who has suffered damage for the purposes of demanding compensation.20. In view of Section 10 of the Carriers Act if the plaintiff No. 1 was interested in ... is without complying with the precondition as regards the issuance of notice under Section 10 of the Carriers Act, 1865. If this be so, the suit itself is not maintainable and that is how the plaintiffs would not be entitled to receive compensation from the defendants.21. The plaintiffs have demanded compensation to the tune of Rs. 1,33,576/-. Plaintiffs have relied upon the ... to show that the defendants acted in a negligent manner. To that extent, I accept the submission of the learned Counsel for the defendants that plaintiffs have failed to show that the defendants were responsible for causing damage to the suit goods.19. It was argued on behalf of the defendants that notice under Section 10 of Carriers Act, 1865 has not been issued ... as provisions of Order 29, Rule 1 of C.P.C. have not been complied with. It is also contended that none of the plaintiffs have issued notice under Section 10 of the Carriers Act, 1965 and as such institution of the suit by the plaintiffs is improper and the suit is not maintainable. According to the defendants, the plaintiffs had neglected in ...
Court : Mumbai
Reported in : 2008(4)ALLMR770; (2008)110BOMLR1877
... arises in this Second Appeal :-Whether the sale deed dated 11.8.78 is legal and valid in view of the provisions of Section 12(1)(d) and 12(3) of the Maharashtra Project Affected Persons Rehabilitation Act, 1986?FACTUAL MATRIX :-3. The present appellants/original plaintiffs instituted a suit for perpetual injunction against the respondents/original defendants in respect ... void because it is contrary to the provisions of Sections 11 and 12 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 and secondly, since the Government of Maharashtra issued a Notification dated 13.5.1977 under Section 11 of Maharashtra Resettlement of Project Displaced Persons Act, 1976 (hereinafter referred to as 'the said Act') and included the said village Aitwade-Khurd in the ... Gat No. 195 for a consideration of Rs. 10,000/-. According to them, a sale deed to that effect was got executed and registered on 31st August 1978. Portion of 47 R of the said land from Western side was kept reserved for acquisition by the Government under the Rehabilitation Act and that was communicated to the Settlement Officer. ... provisions of Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976. Section 11 of the said Act reads thus :-(1) If the State Government is of opinion that it is necessary or expedient in the public interest so to do, for the resettlement of displaced persons, it may, by notification in the Official Gazette, declare that the provisions of this Act shall ...
Court : Mumbai
Reported in : 2008(2)ALLMR426; 2008(2)BomCR598; 2008(3)MhLj300
... enactment of the EPA and the issuance of the Notification under EPA for protection of the environment envisaged by the Act. The entire exercise commenced under the Forty-second Amendment to the Constitution of India. Under Section 10 of the Constitution (Forty-second amendment) Act, 1976 Article 48(A) has been inserted in the Constitution. It runs thus:48A. Protection and improvement of environment ... work (Baand Kaam Naksha). The Petitioner was called upon to produce the permission from the Gram Panchayat and the Petitioner was told that the land was in benefit zone of Rehabilitation Department for sewer project for which he had to obtain the permission from the Authority. 17. The Petitioner replied to the queries by his letter dated 20th January, 1992, Exhibit ... meaning of the words has to be appreciated considering the context in which they are used and the purpose which they achieve. In that case the objection of a third person regarding the title of the applicant was to be considered. It was held that such an objection was not germane to the enquiry contemplated for grant or refusal. An earlier ... had acquired the land under Section 32 of BTALA. Consequently there is a restriction on transfer of his land under Section 43 of BTALA. The transfer contemplated under the Section is by way of sale, gift, exchange, mortgage, lease or assignment. He contends that he has not transferred his land in any of these modes to any other person. He admittedly entered into a ...
Court : Mumbai
Reported in : 2008(6)ALLMR41; 2009(1)BomCR275; (2008)110BOMLR2696
... Regulation) Repeal Act, 1999 came into force on 18th March, 1999. Section 3 of the said Act deals with the provisions of the ULC Act which are saved and reads thus:Saving- (1) The repeal of the principal Act shall not affect - (a) the vesting of any vacant land under Sub-section (3) of Section 10, possession of which has been taken over the State Government or any person duly authorised ... (1) The repeal of the principal Act shall not affect - (a) the vesting of any vacant land under Sub-section (3) of Section 10, possession of which has been taken over the State Government or any person duly authorised by the State Government in this behalf or by the competent authority;(b) the validity of any order granting exemption under Sub-section (1) of Section 20 or ... Government as a condition for granting exemption under subsection (1) of Section 20(2) Where -(a) any land is deemed to have vested in the State Government under Sub-section (3) of Section 10 of the principal Act but possession of which has not been taken over by the State Government or any person duly authorised by the State Government in this behalf or by ... under Sub-section (1) of Section 20 or any action taken thereunder, notwithstanding any judgment of any Court to the contrary;(c) any payment made to the State Government as a condition for granting exemption under subsection (1) of Section 20(2) Where -(a) any land is deemed to have vested in the State Government under Sub-section (3) of Section 10 of the principal Act ...
Court : Mumbai
Reported in : 2009(1)BomCR366; [2008(119)FLR219]; (2008)IIILLJ932Bom
... Compensation Act, 1923, a notice ought to have been issued of the accident and no such notice was given by the respondents. Therefore, the claim petition itself was not tenable. However, this Court in the case of Jaichand Somchand Shah v. Vithal Bajirao Marathe A.I.R.1933 Bom 109 has held that no notice under Section 10 of the Workmen's Compensation Act ... Section 10 of the Workmen's Compensation Act, 1923, a notice ought to have been issued of the accident and no such notice was given by the respondents. Therefore, the claim petition itself was not tenable. However, this Court in the case of Jaichand Somchand Shah v. Vithal Bajirao Marathe A.I.R.1933 Bom 109 has held that no notice under Section 10 ... Section 10 of the Workmen's Compensation Act is necessary, where injured workman was removed to the hospital from the factory and he had approached the employer several times for compensation ... Section 10(1), the Commissioner may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred, in due time as provided in this Sub-section ... compensation and employment, but was referred to Court.14. It was argued before this Court in this case that Junior Engineer Hamdapurkar along with other members of the staff have taken Shamrao had taken to the hospital. So, the appellant was well aware of the accident. As per last proviso to Section 10(1), the Commissioner may entertain and decide any claim to compensation ...
Court : Mumbai
Reported in : [2008(117)FLR984]; (2008)IIILLJ226Bom
... proceedings under Article 226 of the Constitution of India have been instituted in order to challenge an award of the Labour Court in a reference to adjudication under Section 10 of the Industrial Disputes Act, 1947. The Labour Court has held that the two chargesheeted workmen had committed serious misconduct upon which an order of dismissal from service could not be regarded as ... and that the punishment of dismissal was not harsh or disproportionate. Having so held, the Labour Court has completely transgressed the limits of its jurisdiction under Section 11A of the Industrial Disputes Act, 1947, by awarding the compensation in the amount of Rs. 2 lakhs and Rs. 3 lakhs respectively. Once the charge of misconduct is held to be serious enough to warrant ... of the Industrial Disputes Act, 1947, by awarding the compensation in the amount of Rs. 2 lakhs and Rs. 3 lakhs respectively. Once the charge of misconduct is held to be serious enough to warrant imposition of the penalty of dismissal, it was not open to the Labour Court to direct the employer to pay compensation for the reasons which have weighed with ... also taken part in an act of misconduct as the workmen ; involved in the reference, but no action has been taken against the members of the rival Union. Having thus observed, the Labour Court held that looking to the misconduct committed by the workmen, their length of service, unblemished service record and discriminatory attitude of the employer, compensation of Rs. 2 lakhs ...
Court : Mumbai
Reported in : [2008(118)FLR608]; 2008(4)MhLj64
... , 12th Labour Court, Mumbai dated 23rd March 2004 in Reference (IDA) No. 460 of 1995. The Respondent No. 1 raised industrial dispute which was referred under Section 10(1) and Section 12(5) of the Industrial Disputes Act, 1947 for adjudication.2. According to the Respondent No. 1, he was in the employment of the Petitioner firm M/s. Suman Art Prints since 1985 ... other hand, it is seen from the record that the Petitioners witness has produced the relevant material including the attendance register and wage muster which mentions the names of the persons employed by the Petitioner from time to time. The name of the Respondent does not figure in either of these documents. It is not the Respondents case nor suggested in ... the Respondent although issued on the letterhead of Suman Art Prints is signed by one R.V. Gaitonde. The Respondent in his evidence has not even remotely suggested that said person by name Gaitonde was in the employment of the Petitioner firm. The evidence of Petitioners witness who is the sole proprietor of the firm has plainly stated that he himself ... his evidence. 9. For the aforesaid reasons, the Judgment and Order under challenge cannot stand the test of judicial scrutiny, for which reason, the same deserves to be set-aside. 10. Accordingly, this Writ Petition succeeds. The impugned decision is set-aside and the Reference stands answered against the Respondent. No order as to costs.