Court : Mumbai Nagpur
..... book of modi to substantiate this submission. 16. the encounter was with naxals representing kasansur loc and, therefore, after encounter, it would have been risky for police force to go to kasansur police station. potegaon phc is on way to gadchiroli and hence after taking the deceased to potegaon phc first, police squad went to gadchiroli ..... alternate remedy and option of filing private complaint, he seeks support of the judgment in the case of state of maharashtra vs. farook md. kasim, reported at air 2010 sc 2971. he states that in such matters of violation of human rights, that too by the police authorities, harsher punishment is essential. to buttress this submission ..... guilty police officers. petitioner no.2 learnt that fir was registered against biju for the offence punishable under sections 307, 353, 143 of ipc along with arms act at kasansur sub-police station where the petitioners had gone to lodge missing report on 16.06.2014. the officer in-charge of that police station had not .....
Tag this Judgment!Court : Mumbai Nagpur
..... themselves they have no legal effect whatever, having no statutory authority. but they may be used as a vehicle in conveying instructions to which some statute gives legal force. it is now the practice to publish circulars which are of any importance to the public and for a long time there has been no judicial criticism of ..... servant s representation made against the adverse remarks as the order of rejection affected the respondent s right. it is true that the old distinction between judicial act and administrative act has withered away and the principles of natural justice are now applied even to administrative orders which involve civil consequences, as held by this court in ..... rejected by the state government in accordance with law. 33. he has relied upon the judgment in the case of state of haryana vs. lal chand, reported at air 1984 sc 1326, to urge that the present contract is not a statutory contract. the judgment in the case of pimpri chinchwad municipal corporation and ors. vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... : 49a. performance of functions by agencies where any duty has been imposed on, or any function has been assigned to a council under this act or any other law for the time being in force, or the council has been entrusted with the implementation of a scheme (i) the council may either discharge such duties or perform such functions ..... to consider each of the findings and state detailed reasons. for this submission, he relies upon the case of tara chand khatri v. municipal corporation of delhi and ors. air 1977 sc 567. 51. so far as concerned the argument relating to absence of application of mind on the part of respondent no. 2 and absence of any reasons ..... in this context, in good faith means for legitimate reasons . it must be exercised bona fide for the purpose and for none other. [vide commr. of police v. gordhandas bhanji air 1952 sc 16, sirsi municipality v. cecelia kom francis tellis (1973) 1 scc 409, state of punjab v. gurdial singh (1980) 2 scc 471, collector (district magistrate) v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 1323/2010criminal application no.1916/2010criminal application no.1915/2010criminal application no.1884/2010criminal application no.1951/2010criminal application no.1952/2010criminal application no.1950/2010criminal writ petition no.294/2011criminal writ petition no.441/2010criminal writ petition no.618/2005 (decided)criminal contempt petition no.2/2015 in ..... -satish mahadeorao uke, who shall be the contemnor, is restrained from instituting any proceeding either himself or through anyone else to perpetuate the act of contempt of court alleged in the draft charges framed in this order, and/or to approach any public communication system, including the newspaper ..... concerned parties and concerned advocates therein including government pleaders." "6. initiate suo motu criminal contempt action under the provisions of contempt of courts act read with article 215 of the constitution of india against the concerned parties and concerned advocates including government pleaders. or in the alternative the .....
Tag this Judgment!Court : Mumbai Nagpur
..... respondent no. 7 as legislator from umred constituency is hereby dismissed. however, respondent nos. 1 to 4 are directed to see that necessary mechanism and machinery is in force as per communication dated 13.10.2015 at annexure-1 with the petition within a period of 12 weeks from today. 34. writ petition is thus partly allowed by ..... . writ is sought to respondent no. 1 to immediately initiate process for bye-election from umred constituency as mandated under section 151 of the representation of the people act, read with its section 151a. by inviting attention to policy decisions incorporated in letters dated 07.08.2013 and 13.10.2015, a writ is also sought to ..... india, reported at 2014 (9) scc 77 and brundaban nayak vs. election commission of india, new delhi, reported at air 1965 sc 1982, to substantiate his submissions. he points out how the provisions of section 8(4) of the r.p. act, 1951, were found unconstitutional. he submits that the said logic needs to be kept in mind and .....
Tag this Judgment!Court : Mumbai Nagpur
..... assembly as is included in a ward or in a village, the electoral roll of the maharashtra legislative assembly prepared under the provisions of the representation of the people act, 1950 and in force on the day on which such notification is issued, shall be treated as the list of voters for such ward or village. section 19(a) of the representation of ..... and therefore, the name of the petitioner is enrolled as voter in the list of voters. it is submitted that as per section 13(1) of the maharashtra village panchayats act, 1950, a person who is not less than 21 years of age on the last date fixed for making nomination is qualified to be a candidate at the election. it is ..... the people act, 1950 lays down that every person who is not less than 18 years of age on the qualifying date is entitled to be registered in the electoral roll of .....
Tag this Judgment!Court : Mumbai Nagpur
..... such enactments of state cannot lay down standards and requirements higher than those prescribed by the central act for technical institutions and cannot deny seats to applicants on the ground that they do not fulfill such higher standards. 9. in shri shivaji education society, ..... primacy of central legislation in this respect and, therefore, subordinate role of respondent no.1 university in relation to matters covered under section 10-a of 1987 act, support has been taken from various judgments to which we will make reference little later. contention of learned senior adv. manohar is that stand inconsistent with the ..... council created under it, which possesses jurisdiction. it has been observed that to that extent, after coming into force of central act, the provisions of university act would be deemed to become unenforceable in case of technical colleges like engineering colleges. ultimately, the hon ble apex court has held that .....
Tag this Judgment!Court : Mumbai Nagpur
..... invitation for filling in vacancies was not necessary has been rejected. the constitution bench judgment of hon'ble apex court in case of secretary, state of karnataka vs. umadevi air 2006 sc 1806 is relied upon. 10. other leading judgment of hon'ble apex court relevant in the matter is maharashtra srtc v. casteribe rajya parivahan karmchari sanghatana, ..... thereto, we complete this exercise. 5. adv. parihar on behalf of the respective municipal councils has relied upon the judgment of the hon'ble apex court reported at air 2015 sc 3473-vice-chancellor, lucknow university vs. akhilesh kumar khare and anr. he has also urged that view taken by the learned judge passing the order of ..... provides that nothing contained in the standing orders shall operate in derogation of any law for the time being in force. in this judgment in case of ramesh vithal patil the provisions of the b.p.m.c. act are therefore held to be not affected by the standing orders. second part of clause 32 providing that nothing .....
Tag this Judgment!Court : Mumbai Nagpur
..... order of resale passed on 15.04.1997 in the final decree proceedings by the executing court can be termed as an order having a force of decree as contemplated by section 8 of the partition act and therefore, an appeal before the lower appellate court was maintainable. the substantial question of law at sr.no.1 is answered accordingly ..... learned counsel appearing for the respondent has invited my attention to the decision of the delhi high court in case of faquira vrs. smt. raj rani and another, reported in air 1984 delhi 168. paragraphs 11 and 12 of the said decision being relevant, are reproduced below. "11. one of the questions raised before us was whether an appeal ..... of the decision of the apex court in case of badri narain prasad choudhary and others vrs. nil ratan sarkar, reported in air 1978 sc 845, the provisions of section 2 and 3 of the partition act, 1893, require a commissioner to be appointed to ascertain a question as to whether the property is divisible or not to protect .....
Tag this Judgment!Court : Mumbai Nagpur
..... this background, their lordships observed thus:- "203. ... where the matter is purely technical the court should not exercise the power of judicial review. we find great force in this submission. we are clearly of the opinion that the mistake is in relation to a non-essential matter that is in relation to peripheral or collateral ..... the soundness of the decision may be questioned if it is irrational or mala fide or intended to favour someone or a decision "that no responsible authority acting reasonably and in accordance with relevant law could have reached" as held in jagdish mandal followed in michigan rubber." the perusal of the aforesaid judgment would reveal ..... karnataka and others reported in (1990) 2 supreme court cases 488 and in the case of poddar steel corporation .vs. m/s ganesh engineering works reported in air 1991 supreme court 1579, the learned counsel submits that the condition of affixing a photograph on a forwarding letter cannot be construed to be an essential condition. he .....
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