Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: mumbai aurangabad Year: 2016 Page 1 of about 14 results (0.009 seconds)

May 05 2016 (HC)

Jyoti Pratapsingh Chadel and Others Vs. Collector, Nanded and Others

Court : Mumbai Aurangabad

Decided on : May-05-2016

..... to said area. like municipal council, nagar panchayat is also a body corporate and has perpetual succession, a common seal, power to acquire and dispose of property and enter into contract and can sue and be sued. section 341-b of the municipalities act provides for constitution and elections to nagar panchayat of seventeen directly elected councillors by dividing the transitional ..... such nagar panchayat shall be a body corporate and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contract and may by the said name sue and be sued." 60. under part ix a of the constitution of india, municipality means an institution of self government constituted under article .....

Tag this Judgment!

Mar 11 2016 (HC)

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

Decided on : Mar-11-2016

..... the employment, as contended by him, ordinary law of master and servant would apply and termination would, at the worst, be only a breach of the contract of employment, which would certainly fall within the scope of the words "touching the management or business of the society", contained in section 91(1) of ..... 91 must be such as a civil court can take cognizance of and try. like a civil court, the registrar cannot grant any relief outside the contract of employment. he cannot, therefore, try any matter in which a demand is made for a change in the conditions of service or for reinstatement of ..... be treated as conditions accepted by the employee when entering the service and will thus bind him like conditions of service specifically forming part of the contract of service. the byelaws that can be framed by a society under the act are similar in nature to the articles of association of a ..... of a society, the byelaws would be binding between the society and the employees just in, the same manner as conditions of service laid down by contract between the parties. in fact, after such byelaws laying down the conditions of service are made and any person enters the employment of a society, ..... acknowledged all the world over. there is no right of reinstatement under civil law which can be enforced by an employee against his employer. no contract of personal service can be specifically enforced by a civil court determine whether the wages paid to an employee are proper wages or not civil courts .....

Tag this Judgment!

Apr 22 2016 (HC)

Sai Accumulator Industries Sangamner, Through its Partner, Kacheshvar ...

Court : Mumbai Aurangabad

Decided on : Apr-22-2016

..... to be prosecuted in view of embargo contained in section 22(1) of sica. sub-section (1) of section 22 of sica reads as under: "22. suspension of legal proceedings, contracts, etc. (1) where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation for consideration or ..... ("partnership act" for short) deals with effect of non-registration of partnership firm. sub-section (2) of section 69 provides that no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been .....

Tag this Judgment!

Jun 08 2016 (HC)

Babulal Harchand Beldar since deceased per L.Rs. Vs. Sitaram Kathu Bor ...

Court : Mumbai Aurangabad

Decided on : Jun-08-2016

..... the plaintiff. he contended that as the consideration was not paid within the time fixed in the contract, the contract was terminated and so, the suit cannot be decreed. 9. defendant alternatively contended that there was no agreement of sale and the aforesaid transaction was sham transaction and the ..... after 30.3.1982. other aforesaid relevant circumstances are not considered by the first appellate court. due to these circumstances, inference is easy that time was not essence of the contract. these circumstances are relevant for many things. due to these circumstances, time limit fixed by limitation act starts under article 54 when there is refusal on the part of defendant ..... the suit was not within limitation? (iii) whether the district court has committed error in holding that plaintiff has not proved readiness and willingness to perform his part of the contract? 13. in the present matter, argument was advanced only on aforesaid points. both the courts below have given finding that there was no bar of provisions of prevention of fragmentation ..... take decision on such dispute. he requested to refer the matter to tahsildar. 8. the defendant contended that plaintiff did not show readiness and willingness to perform his part of contract. he contended that specific dates were mentioned in the agreement for making payments of installments of consideration, but the payments were not made on or before the specified dates by .....

Tag this Judgment!

Apr 13 2016 (HC)

Yoseph Keru Pandit, Deceased through his L.Rs. and Others Vs. V.B. Pim ...

Court : Mumbai Aurangabad

Decided on : Apr-13-2016

..... settlement, which operates as a contract, came to an end after the second crushing season, i do not find that the stopping of the second crushing season would, therefore, amount to retrenchment of the employees. ..... in my view, the present engagement of the employees as per the first settlement and for a period of two crushing seasons will, therefore, construe to mean a stand alone contract. the employees were offered work under the first settlement and it is nobody's case that they were reinstated in service with continuity. since the work offered through the first ..... inflicted by way of disciplinary action but does not include-- (a) voluntary retirement of the workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or .................... (bb) termination of the service of the workman as a result of the non ..... -renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or .................... (p) "settlement" means a settlement arrived at in the course .....

Tag this Judgment!

Aug 31 2016 (HC)

Dashrath Ramlal Garandwal and Others Vs. M/s. Ahmednagar Forgings Ltd. ...

Court : Mumbai Aurangabad

Decided on : Aug-31-2016

..... master and servant relationship was conceived that he would be transferred to an establishment which was and is never a part of the employer s establishment. whether any privity of contract in this behalf can be inferred between the parties to the complaint. all these questions are serious question raised in the complaint warranting adjudication thereof in the light of the ..... occupier in relation to any factory which is owned and conducted by m/s ahmednagar forging limited, unless he is a director on the said company. there may be a contract for business in between two companies, but that would not lead to any inference, much less establish, that amtek auto limited could be the employer of the workers at issue ..... was led before the industrial court with regard to who would be the pay master post transfer of the workers. there is no evidence with regard to the privity of contract between the employer and amtek auto limited and as to when was the machining hub established. 18. in my view, the onus and burden lay on the employer since it .....

Tag this Judgment!

Sep 28 2016 (HC)

Suresh and Another Vs. State of Maharashtra Through P.S. City Chowk an ...

Court : Mumbai Aurangabad

Decided on : Sep-28-2016

..... such misappropriation, conversion, use or disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the discharge of such trust. 37. in the facts of the present case, in the capacity of the trustee the property was entrusted with .....

Tag this Judgment!

Sep 27 2016 (HC)

Dr. Sai Vs. The State of Maharashtra and Another

Court : Mumbai Aurangabad

Decided on : Sep-27-2016

v.l. achliya, j. 1. rule. rule made returnable forthwith. by the consent, heard finally at the admission stage. 2. petitioner herein has preferred this petition under article 226 and 227 of the constitution of india and section 482 of the criminal procedure code seeking quashing of rcs no. 265/2015 pending on the file of cjm, nanded, on the grounds set out in detail in the petition. 3. petitioner herein claims to be doctor by profession and practices at nanded. she possesses the educational qualification as mbbs and dgo. petitioner started her practice at nanded since august 2013. she has installed sonography machine in her hospital known as suyog hospital at nanded. she claims that, the sonography centre established by her is duly registered with the health department and the certificate of registration is valid for the period 11.11.2013 to 10.11.2018. 4. on 26.2.2015, the members of the regional vigilance squad, aurangabad, inspected the ultrasonography centre of the petitioner and recorded following deficiencies. (i) referral slip with respect to one pregnant woman is not found. (ii) serial number is not given to the form 'f'. (iii) signature of smt. ranjana tode, r/o sonari is not found on the consent form dated 07/02/2015. (iv) sonography date : 25/02/2014, signature of petitioner doctor on the consent form of smt. indu shinde, r/o. bhim nagar is found contrast. so also, mobile number is not found on the 'f' form. (v) sonography dated: 31/12/2013, signature of petitioner .....

Tag this Judgment!

May 06 2016 (HC)

Magasvargiya Shikshan Sanstha and Another Vs. Bhausaheb Sonaji Kakade ...

Court : Mumbai Aurangabad

Decided on : May-06-2016

..... :- absent without leave: any employee who absent himself for eight consecutive working days without leave shall be deemed to have left the company's service without notice thereby terminating his contract of service. if he gives an explanation to the satisfaction of the management, the absence shall be converted into leave without pay or dearness allowance. the honourable supreme court observed ..... , and shall state the period of appointment of such person. section 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, 1[any employee in a private school, - (a) who is dismissed or removed or whose services are otherwise terminated or who is reduced in .....

Tag this Judgment!

Jun 29 2016 (HC)

Shah Faruq Shabir and Others Vs. Govindrao Ramu Vasave and Others

Court : Mumbai Aurangabad

Decided on : Jun-29-2016

r.m. borde, j. 1. the learned single judge, while dealing with the writ petition, by an order dated 23.01.2012, was pleased to formulate following two issues for consideration of the larger bench: i. whether the term aghadi or front as defined u/sec. 2(a) of the disqualification act of 1986 would mean the party or aghadi on whose candidature the councillor is elected or would also include the aghadi of two or more municipal parties coming into existence after the elections are held? ii. whether the term original political party or aghadi appearing in sec. 5 would mean the party at its national level or would mean a municipal party? 2. we have heard arguments advanced by shri p.m.shah, learned senior counsel i/by mr.s.p.shah, advocate for petitioners, shri mukul kulkarni, learned advocate for respondent no.1, shri umakant p. giri, learned advocate for respondent no.2 and mr.a.b. girase, learned government pleader for respondent no.3. 3. the facts in nutshell, giving rise to the reference, are as under: petitioners are the elected councillors of municipal council, navapur. general elections to the municipal council took place to elect total 19 councillors and candidature of petitioners was set up by nationalist congress party (ncp). the post election aghadi came to be formed consisting of 09 councillors belonging to nationalist congress party (ncp), 02 councillors set up by bhartiya janata party (bjp) and 01 councillor set up by shivsena, on 1st december, 2007. respondent no.1 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //