Court : Mumbai Aurangabad
..... dismissal was illegal and invalid. the court is merely exercising its discretion to award a lesser punishment. till such power is exercised, the dismissal is valid and in force. when the punishment is reduced by a court as being excessive, there can be either a direction for reinstatement or a direction for a nominal lump sum compensation. ..... republic of india as follows:. in the following paragraphs, the full bench (cited supra), held thus: 28. it is also clear from the preamble of the act that this act has been enacted to regulate the recruitment and conditions of service of the employees, to provide such employees security and stability of service, to enable them to discharge ..... appropriate orders in the list before it. 29. in the case of union of india v. paras laminates (p) ltd. air 1991 sc 696, after referring to the provisions contained in section 129 (c) of the customs act, 1962, the apex court observed in para -8 of its judgment as under: there is no doubt that the tribunal .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in 1985-86 have questioned their resignation after ten years in 1996. it is informed by the management that their challenge was turned down and their case of alleged forceful resignation, amounting to termination, has been negated. learned counsel for the employees could not indicate otherwise from the record before the court. it is, therefore, apparent ..... deserves notice. subsequent to the decision of this court in jeewanlal an explanation has been added after second proviso to section 4(2) of the payment of gratuity act, by act 22 of 1987, which reads as under : "explanation. in the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the ..... 's average pay for the purposes of payment of retrenchment compensation is not the same as the procedure under the payment of gratuity act. the court after referring the judgment in the case of jeewanlal ltd. v. appellate authority, air 1984 sc 1842 : (1984) 4 scc 356 : lnind 1984 sc 238 : (1985) 1 mlj 25 : 1984 ii .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . clause 30 (1) - except where otherwise specified in the contract and subject to the powers delegated to him by government under the code, rules then in force the decision of the superintending engineer of the circle for the time being shall be final, conclusive, and binding on all parties to the contract upon all questions ..... . in view of the definition of the "arbitration agreement", the agreement must be in writing and it must be accepted by the parties. in the cases reported as air 1981 supreme court 479 [rukminibai vs. collector] and (2014) 1 scc 516 [vishnu vs. state of maharashtra and ors.], the apex court has referred russell on arbitration ..... umpire appointed by them before entering upon the reference whose decision thereon shall be final and the provisions of the arbitration act, 1940 (x of 1940) or any notification thereof for the time being in force shall apply to any such reference." the contractor did not dispute that this clause is not arbitration clause in respect of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the jurisdiction of either the industrial court or of the labour court which is otherwise not being conferred upon it by the other provisions of the pulp act. ? 13. the crystallized position in law has been considered by this court in the case of maharashtra state cooperative cotton growers marketing federation ltd. v ..... section 32 would not enlarge the scope of jurisdiction beyond the extent to which it has been conferred upon the industrial court under the provisions of the act. merely because the industrial court was dealing with the second show cause notice which was the penultimate stage in the disciplinary proceedings, would not create jurisdiction ..... the following two points emerge for determination in this petition: (i) if the industrial court in it's revisional powers under section 44 of the mrtu and pulp act, 1971 overturns the findings of the labour court and concludes that the findings of the enquiry officer are perverse, thereby, vitiating the entire enquiry, then, whether, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... person who has taken a loan from a society of which he is a member, before the date of the coming into force of this act, and who owns any land or has interest in land as a tenant, and who has not already made such a ..... and 48 are reproduced hereinbelow."47. prior claim of society.(1) notwithstanding anything in any other law for the time being in force, but subject to any prior claim of government in respect of land revenue or any money recoverable as land revenue and to the ..... namdeo 2004 (4) mh.l.j. 577 and of the hon'ble apex court in sindav hari ranchod vs. jadev lalj jaymal air 1997 sc 3479.14. however, there is another alternative angle that, assuming without admitting that the sale transaction is void, it could ..... 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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... final plot no.5 is included in shrirampur town planning scheme no.1, which is sanctioned by the government vide letter dated 12.03.1975, which has come into force with effect from 01.06.1975. the petitioner has incorrectly stated that he has been allotted final plot no.5 individually admeasuring 600 square meters. it is further stated ..... stated that shrirampur town planning scheme no.1 (final) has been sanctioned under section 86(1) of the maharashtra regional and town planning act, 1966, by the government on 12.03.1975 and same came into force with effect from 01.06.1975. as per the said scheme, final plot no.746 has been allotted in favour of k.j ..... is not permissible since there is no power of review. reliance is placed on the judgment in the matter of patel narshithakershi and others vs. pradyumansinghji arjunsinghji, reported in air 1970 sc 1273. in the said judgment, the supreme court has held that power to review is not an inherent power. it must be conferred by law either specifically .....
Tag this Judgment!Court : Mumbai Aurangabad
..... be either by municipal party or aghadi or front to which councillor proceeded against belonged. these observations of the hon'ble apex court are attracted with full force even in the present facts. 51. observations made by the hon'ble apex court show that after formation of municipal party or aghadi or front it gets ..... dated 29-11-2014, the petitioners have been disqualified. u] reliance is placed upon the following judgments :- i] sadashiv h. patil vs. vithal d. teke and others [air 2000 sc 3044], ii] kedar shashikant deshpande vs. bhor municipal council and others [ 2011(1) all mr 934(sc)] and iii] jitendra himmat biraris vs. kiran gulabrao ..... -district collector, latur thereby disqualifying the petitioners on an application filed by respondent no. 2 under section 3(1)(b) of the maharashtra local authority members' disqualification act, 1986. 4. the litigating parties to this petition, were earlier before this court since the petitioners had filed writ petition no. 1451 of 2014. the request .....
Tag this Judgment!Court : Mumbai Aurangabad
..... themselves have not placed reliance, therefore, in a case of circumstantial evidence of this nature, it would be dangerous to base a conviction. we do not find much force in this argument of mr lalit. it is a well-settled principle in law that in a trial for murder, it is neither an absolute necessity nor an ..... becoming approver, requires serious consideration as it raises serious doubts in the mind that, whether gulab was really intended to become approver or same is a result of force/pressure exerted by the police officers upon him to compel to make such application for becoming approver. it is submitted that, the contents of the letter at exhibit ..... drive the court to draw a different inference." similarly, in vikramjit singh v. state of punjab, (2006) 12 scc 306 : (2006 air scw 6197), this court reiterated: "section 106 of the indian evidence act does not relieve the prosecution to prove its case beyond all reasonable doubt. only when the prosecution case has been proved the burden in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... proved as well as imposing of death penalty. in such a case of rape and murder, the motive is quite obvious that sexual lust was the driving force and the murder was to silence the prosecutrix so that evidence is not found. in such matter, the evidence led by the prosecution of earlier similar cases ..... s. 75 i.p.c. prays for an enhancement of the sentence. ? (c) in the matter of shyama charan sri ram saran vs. the state, reported in air 1969 allahabad 61, it appears that, the sessions judge questioned the appellant regarding his antecedents. the high court observed as under : in criminal proceedings, the fact that the ..... /2011 in present matter the evidence regarding earlier convictions demonstrating general modus operandi of similarity of committing different earlier crimes was relevant. sections 53 and 54 of the indian evidence act read as under: 53. in criminal cases, previous good character relevant : in criminal proceedings, the fact that the person accused is of a good character, is .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 37. the requirements, referred to above flow from articles 21 and 22 (1) of the constitution and need to be strictly followed. these would apply with equal force to the other governmental agencies also to which a reference has been made earlier. 38. these requirements are in addition to the constitutional and statutory safeguards and do ..... singh on 8th jan., 2003 (2003 lawsuite (sc) 11), has held, by placing reliance to the judgment in the matter of makbulhussain vs. state of bombay (air 1953 sc 325), if offenses are distinct, there is no question of rule as to double jeopardy being extended and applied. we find, there was no material before ..... lesson to the petitioner. we do not agree to submissions of smt. bajpai that, there was no malice by respondent or they had discharged official duties. respondent acted indiscreetly with colourable exercise of power. the petitioner was under custody in the afore referred crime. immediately there was no such situation that action under section 151 was .....
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