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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: mumbai aurangabad Year: 2011 Page 1 of about 22 results (0.012 seconds)

Mar 09 2011 (HC)

Babasaheb S/O Raosaheb Malba Vs. Raosaheb S/O Dattatraya Bandgar and o ...

Court : Mumbai Aurangabad

Decided on : Mar-09-2011

..... , on behalf of deft. no.1, it was submitted that the said surrender deed dated 20.1.1976 (exh.98) is not registered under section 17 of the indian registration act, and therefore, the same cannot be of any aid and assistance to the case of the plaintiffs. in the said context, learned counsel for plaintiffs submitted that section 49 of ..... the indian registration act, speaks of the effect of non registration of the document which is required to be registered, and further argued that the provisions of section 49 of the said ..... act lay down that an unregistered document may be received in evidence only for collateral purposes. it was canvassed that even if a document is compulsorily registrable and ought to have .....

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Sep 28 2011 (HC)

Abedali Khan S/O Rahematali Khan Vs. Devidas S/O Dhonduji Poghe

Court : Mumbai Aurangabad

Decided on : Sep-28-2011

..... learned counsel for the petitioner emphasised on the explanation which states that an agreement or compromise, which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule, then this cannot be considered as a valid compromise. considering ..... the terms of the compromise entered into by the parties and recorded by the court, this compromise or an agreement is not a void or voidable under the indian contract act ..... and, therefore, explanation is not applicable to it. the amendment enables a compromise entered into between the parties is as per their satisfaction, free will and agreement, executable even though not covered under the statutory provision of section 16 of the maharashtra rent control act. 14. ..... of the compromise, which is recorded by the court is to be honoured by the parties. 16. thus, there is no bar on parties contracting out compromise under order 23 rule 3 of the code of procedure, even for vacating the rental premises and consequential eviction on failure to vacate the ..... was not maintainable under section 96 (3) of the code of civil procedure. this is so because a consent decree is nothing but a contract between the parties superimposed with the seal of approval of the court. in the said appeal, the court held that when the decree is .....

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Jan 17 2011 (HC)

Smt. Muktabai W/O Kashinath Shitole and ors.Vs. Vaijinath S/O Gena Shi ...

Court : Mumbai Aurangabad

Decided on : Jan-17-2011

..... of his produce through the society, and(b) that any member, who is found guilty of a breach of the by-laws or of any such contract, shall reimburse the society for any loss, determined in such manner as may be specified in the by-laws.48. charge on immovable property of members ..... between them. therefore, according to the plaintiff, the sale is void, in view of section 47(2) and (3) of the maharashtra cooperative societies, act, 1960 ("mcs act" for short). moreover, according to the plaintiff, no title has been passed in favour of the defendant in respect of the suit land and, therefore, ..... the prior permission of the bank authorities, as the property was mortgaged with the bank. a bare reading of section 47(2) of the mcs act indicates that no property, which is subject of the charge under earlier sub-section, shall be transferred in any manner without the previous permission of the ..... of [a co-operative agriculture and rural multipurpose development bank] or of the state government] under the bombay canal rules made under the bombay irrigation act, 1879 or under any corresponding law for the time being in force for the supply of water from a canal to such land, or to any ..... it is further contended that the plaintiff is estopped from challenging the alienation. according to the defendant, provisions of sections 47 and 48 of the mcs act are not applicable. it is further stated that the defendant has paid various amounts to the banks on different occasions, which were accepted by the bank .....

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Mar 14 2011 (HC)

Praful S/O Mulchand JaIn Vs. Abdul Sameer S/O Abdul Sajed and anr.

Court : Mumbai Aurangabad

Decided on : Mar-14-2011

..... criminal revision application filed by the petitioner before the learned 6th district & sessions judge on 6.8.2010 was barred by limitation, in view of article 131 of the limitation act. 14 besides that, it is explicitly clear from the impugned order dated 9.9.2010, passed by the learned 6th district & sessions judge thereby refusing the registration of said criminal ..... made in the afore said judicial pronouncements, cited by both the learned counsel for the parties carefully, at the out set, it is apparent that article 131 of the limitation act prescribes the limitation of 90 days for preferring the revision under the code of criminal procedure, from the date of order or sentence sought to be revised. keeping in mind ..... that the learned 6th district & sessions judge ignored the basic fact that the computation of limitation commences from the date of knowledge as provided under section 5 of the limitation act and passed the impugned order dated 9.9.2010 incorrectly, and therefore, the same deserves to be quashed.8 to substantiate the said contention shri deshpande, learned counsel for the ..... , the petitioner herein failed to comply with the requisitions contained in the said notice. hence, respondent no.1 filed complaint against the petitioner under section 138 of the negotiable instruments act bearing s.c.c. no. 1585 of 2009 in the court of judicial magistrate, first class, aurangabad.4 accordingly, the verification of the complainant was recorded by the learned judicial .....

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Mar 14 2011 (HC)

Shriram Munjaji Raut Vs. the State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Mar-14-2011

oral :1 this appeal is directed against the judgment and order, dated 29.6.2007, rendered by the learned sessions judge, parbhani, in criminal miscellaneous application no. 18 of 2007, thereby punishing the appellant under section 344 of the code of criminal procedure, for giving false evidence in sessions trial no. 8 of 2006, and sentencing him to suffer rigorous imprisonment for three months and to pay fine of rs.500/, in default, rigorous imprisonment for seven days.2 the factual matrix, which gave rise for the present appeal, can be summarised as under :pursuant to the complaint lodged by the first informant, namely shrirang munjaji raut on 14.11.2005, due to death of meerabai i.e. daughter of the complainant, criminal law was set into motion and the first information report exh. 20 was lodged bearing c.r. no. 178 of 2005 in respect of offence punishable under section 306 r/w section 34 of the indian penal code and the accused persons thereunder were tried in sessions trial no. 8 of 2006 by the learned sessions judge, parbhani, and the said accused persons were acquitted for the offence punishable under sections 498a, 306 r/w 34 of the indian penal code.3 however, the show cause notice came to be issued to shrirang munjaji raut, who was prosecution witness no. 2, under section 344 of the code of criminal procedure for giving false evidence before the court, by the said learned sessions judge, parbhani, by the judgment and the order, dated 13.4.2007, since learned sessions .....

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Mar 31 2011 (HC)

Shrirampur Municipal Council Vs. Shri V.K. Barde and ors.

Court : Mumbai Aurangabad

Decided on : Mar-31-2011

..... . observations in paragraph 27 also show that period of employment had all along been commensurate with the period of work undertaken by employer under respective contracts. the object behind granting temporary employment was, therefore, found to be bona fide and not actuated with any intention to deprive workman from benefits ..... logic in umadevi (3) case1 is based on article 14 of the constitution of india. though the industrial adjudicator can vary the terms of the contract of the employment, it cannot do something which is violative of article 14. if the case is one which is covered by the concept of ..... unlike a civil court, not fettered by the agreement between the parties. he is required to decide the matter not according to the agreement or contract between the parties but according to what, having regard to all circumstances he considers to be just and fair. in order that the workers get ..... industrial dispute. in order to be an industrial dispute, it is not necessary that the demand must be made or the relief claimed under a contract of employment. an industrial dispute also arises when employees seek higher scales of pay, reduction in hours of work or workload, share in the ..... definition of "industrial dispute" in the c. p. and berar industrial disputes settlement act is wider, but the essential feature of an "industrial dispute" is that it is not restricted to a claim under the contract or agreement of employment. it found it well settled that an industrial tribunal or authority .....

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May 05 2011 (HC)

Gayabai Hemlal Jadhav Vs. Hiraman S/O Rama Chavan

Court : Mumbai Aurangabad

Decided on : May-05-2011

..... to the aforesaid principles, one more principle may be added, namely, that a document required to be registered, if unregistered, can be admitted in evidence as evidence of a contract in a suit for specific performance." relying on the aforesaid judgment, it is contended that respondent no.1 herein - probate applicant cannot escape the liability of payment of stamp duty ..... was justified in turning down the request made by the petitioner herein. the trial court would surely consider the provisions relating to admissibility of the document, contained in relevant acts, applicable to the copy of a document and would render appropriate decision. 18 considering the limited scope of inquiry by the trial court while dealing with application for grant ..... , as to include every document, by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded. section 2 (l) of the bombay stamp act, 1958, defines the "instrument" as: 2(l) "instrument" includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or ..... the case of k.b.saha and sons private limited v. development consultant limited, (2008) 8 scc 564, this court noticed the following statement of mulla in his indian registration act, 7th edition, at page 189: "......the high courts of calcutta, bombay, allahabad, madras, patna, lahore, assam, nagpur, pepsu, rajasthan, orissa, rangoon and jammu and kashmir; the form .....

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Jul 21 2011 (HC)

Gorakh Hilal Patil and anr. Vs. Parit Samaj Seva Mandal and anr.

Court : Mumbai Aurangabad

Decided on : Jul-21-2011

..... corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to acquit, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted." section 34, companies ..... be the last word in the name of every society with limited or unlimited liability, as the case may be, which is registered or deemed to be registered under this act. explanation:-- for the purposes of this section and section 8 the expression "member of a family" means a wife, husband, father, mother, son or unmarried daughter." . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36. societies ..... respectively on the cooperative society, registered company and the partnership firms. "6. conditions of registration (1) no society, other than a federal society, shall be registered under this act, unless it consists of at least ten persons or such highernumber of persons as the registrar may, having regard to the objects and economic viability of a society and development ..... of a legal entity is conferred respectively on the cooperative society, registered company and the partnership firms. in his submission, the provisions of section 6 of the societies registration act, 1806 also confers such status on a society only after its registration. an unregistered society or an association of persons is not conferred with the status of legal entity .....

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Sep 06 2011 (HC)

M/S Ashok Sahakari Sakhar Vs. the Regional Provident Funds

Court : Mumbai Aurangabad

Decided on : Sep-06-2011

..... point in the enquiry, which was not only illegal, and also no proper opportunity was given to the petitioner to deal with said point. it is submitted that only contract employees was the subject matter of the enquiry and unnecessarily respondent added therein subject of retired employees. 6. learned counsel appearing for petitioner invited my attention to the grounds taken ..... s.k. nasiruddin beedi merchant ltd. v. central provident fund commissioner and another, reported in air 2001 sc 850 and submitted that provisions of employees provident funds and miscellaneous provisions act (19 of 1952) are even applicable to home workers engaged in rolling beedis, engaged through independent contractor. in short, provisions are applicable even to the workers engaged through independent ..... the learned tribunal completely overlooked the factual position that, they were employed on consolidated remuneration which was more than rs.6500/- and as such they are not covered under the act. learned counsel appearing for petitioner invited my attention to the various judgments of the supreme court and also this court, which are as follows. a] workmen of niligiri co- ..... . then-after respondent issued a notice to the establishment under section 7-a of the said act, the enquiry was conducted during the period from 08.02.2008 to 04.01.2010. during the course of enquiry, petitioner submitted vouchers in respect of contract employees for the period 2005-06. it was also submitted that during the period of 2004- .....

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Sep 06 2011 (HC)

Rukhminibai Pratishthan Vs. Ravindra Deoram Patil and ors.

Court : Mumbai Aurangabad

Decided on : Sep-06-2011

..... is that the general law of limitation provided in limitation act (act 2 of 1963) stands excluded. the division bench, therefore, has rightly held that no limitation has been prescribed and it can be executed ..... and conclusive and not binding on the tribunal and section 9(1) of the maharashtra employees of private schools (conditions of service) regulation act has overriding effect as it opens with non obstante clause and the dispute relating to seniority list can also be considered by the tribunal as ..... in the contention. it is seen that the order of ejectment against the applicant has become final. section 21 of the mamalatdar's court act does not prescribe any limitation within which the order needs to be executed. in the absence of any specific limitation provided thereunder, necessary implication ..... deserves to be allowed. it is further submitted that the school tribunal has not properly appreciated the provisions of section 9 of the meps act while appreciating the contention of the petitioner that the appeal filed by the appellant is hopelessly time barred. the learned counsel further submitted that ..... the provisions of section 9(1) (a) and (b) & (2) of the meps act read, thus: "9. right of appeal to tribunal to employees of private schools: (1) notwithstanding anything contained in any law or contract for the time being in force, any employee in a private school,- (a) who is .....

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