Court : Mumbai Nagpur
..... this regard about implied consent by the employees as they also engaged advocates from nagpur does not impress us. when the enquiry was shifted to nagpur per force, they had no other choice but to defend themselves by engaging advocates from nagpur. and that would not wipe out the basic illegality committed in shifting ..... (4) ... point 1: 17. in view of the recent judgment of this court in ravindra kumar sharma v. state of assam, (1999) 7 scc 435 : 1999 air scw 3578: (air 1999 sc 3571), it is, in our opinion, open to the respondents to attack the adverse findings arrived at or observations made by the high court, even if the ..... termination orders which were accordingly issued. all the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the management and certain findings against the employees. .....
Tag this Judgment!Court : Mumbai Nagpur
..... this regard about implied consent by the employees as they also engaged advocates from nagpur does not impress us. when the enquiry was shifted to nagpur per force, they had no other choice but to defend themselves by engaging advocates from nagpur. and that would not wipe out the basic illegality committed in shifting ..... (4) ... point 1: 17. in view of the recent judgment of this court in ravindra kumar sharma v. state of assam, (1999) 7 scc 435 : 1999 air scw 3578: (air 1999 sc 3571), it is, in our opinion, open to the respondents to attack the adverse findings arrived at or observations made by the high court, even if the ..... termination orders which were accordingly issued. all the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the management and certain findings against the employees. .....
Tag this Judgment!Court : Mumbai Nagpur
..... of tanabai was in no manner different from the position of her mother radhabai in a situation of the present case prevailing prior to coming into force of the hindu succession act, 1956. she had no right or interest in the coparcenery property, which devolved upon chandrabhan. upon death of chandrabhan, bhagirathibai became the absolute owner ..... . hence, the third question is about the rights of the heirs of chandrabhan to succeed the ancestral property after his death. the hindu succession act, 1956 came into force from 17-6-1956, and hence the fourth question is whether it confers any right to property upon the mother radhabai and sister tanabai in the ..... widow and daughter of chandrabhan respectively. in the decision of the apex court in the case of erammav. veerupanaand others, reported in air 1966 sc 1879, the question was whether the hindu succession act, 1956 was retrospective in operation. it was held that the provisions are not retrospective in operation and those applied only to the .....
Tag this Judgment!Court : Mumbai Nagpur
..... high court cannot, therefore, be sustained. the facts show that the respondent bakshi ram was tried for an offence under section 10(n) of central reserve police force act, 1949, and on 23.03.1971, he was sentenced to four months' rigorous imprisonment. because of this conviction and sentence, he was proceeded departmentally and dismissed from ..... as the service of such employee is concerned. the word disqualification in section 12 of 1958 act is construed to mean that such a person does not stand disqualified for the purposes of other acts like representation of the people act, 1950, etc. the conviction in a criminal case is independent of his release on probation. grant ..... refers to disqualification attached to conviction of an offence under such law hence, 1949 act is not envisaged therein. he has relied upon the judgment in the case of harichandvs. director of school education, reported at air 1998 sc 788, for said purpose. in addition, he also seeks to rely upon the judgment reported in .....
Tag this Judgment!Court : Mumbai Nagpur
..... that sub-tenancy created before coming into force of 1995 cannot be used to evict tenant under 1999 act. he also pointed out the judgment in the case of k. manickchand vs. elias saleh mohammed sait, ..... reported at air 1969 sc 751, particularly para 18 to explain how the words commencement of the act need to be construed. a judgment of the ..... must have commenced after the said act came into force. it is not in dispute that the 1999 act has come into force on 31.03.2000. 3. shri j.j. chandurkar, learned counsel, in this background has relied upon the judgment of the hon'ble apex court in the case of tirathram vs. gurubachan singh, reported at air 1987 sc 770, to urge .....
Tag this Judgment!Court : Mumbai Nagpur
..... umadevi, (supra). the constitution bench has rejected the argument that article 23. of the constitution of india is breached and the employment on daily wages amounts to forced labour. it is apparent that the constitution is the supreme law and it has to prevail even over the provisions of such welfare legislations including section 25j of the ..... appointed a commission known as kalelkar commission and its award known as kalelkar award came to be accepted by the state government. the same is found to have force in law in absence of any statutory rules by virtue of article 162 of constitution of india. a person working on daily wages or causal or work ..... for finding out whether a person is or is not a workman under section 2(s) of the industrial disputes act. he further contends that the efforts of respondents-state to rely upon the constitution bench judgment reported at air 2006 sc 1806( secretary, state of karnataka .vrs. umadevi) in this background is misconceived as the present matter .....
Tag this Judgment!Court : Mumbai Nagpur
..... the challenge made before it, the said division bench did not find any merit in the petition. the contention that state marketing board ought to have been forced to express one way or the other was not raised and division bench was, therefore, not required to look into it. thus, words of communication of ..... supra), the hon'ble apex court has considered the effect of its judgment in the case of madhuripatil vs. sate of maharashtra, reported at air 1995 sc 94 on provisions of m.p. act which permitted appeal before a division bench of high court of madhya pradesh against adjudication by learned single judge. the said precedent is, therefore, ..... different market committees. section 39k is a power to make regulations with previous approval of state government. under subsection (1) regulations have to be consistent with 1963 act or 1967 rules and for the purposes of administration of its affairs. subsection (2) is a provision which without prejudice to generality of subsection (1), permits framing .....
Tag this Judgment!Court : Mumbai Nagpur
..... executive committee of vidarbha youth welfare society, amravati. vidarbha youth welfare society, amravati is a public trust registered under the provisions of the bombay public trusts act, 1950 vide registration no.f242/amravati. elections were held on 3rd december, 2006 and in the result new executive committee was elected. 67 members out of total ..... 2nd march, 2006 and 12th april, 2006. the appellants in appeal no. 4 of 2010 had, however, later on alleged that their signatures were obtained by force. 4. the learned joint charity commissioner held that election dated 3rd december, 2006 was vitiated because of induction of 49 members by caretaker managing body. the term ..... 25. learned joint charity commissioner in his judgment at paragraph 23 has referred to the judgment of this court in mohd. maqbool vs. state,reported at air 1982 bombay 312 and has come to a conclusion that once the term of executive council had expired it would not automatically stand extended beyond that. the executive .....
Tag this Judgment!Court : Mumbai Nagpur
..... to the one posed before us, has been dealt in salmond's jurisprudence (12th edn., at pp. 149-50) under the caption circumstances destroying or weakening the binding force of precedent: (perhaps) affirmation or reversal on a different ground. it sometimes happens that a decision is affirmed or reversed on appeal on a different point. as ..... for the respondent tried to contend that certain proceedings have been initiated for impugning the recognition granted to the appellant school under the u.p. basic education act and as such the appellant's status as a recognized institution cannot be taken for granted. we cannot countenance this argument because any proceedings instituted to impugn ..... /staff in ayurvedic colleges for the purpose of pension is unsustainable. the judgment in the case of state of maharashtra vs. manubhai pragaji vashi and ors., (air 1996 sc 1), is also pressed into service to show that plea of absence of funds in this situation is no answer. our attention has been invited .....
Tag this Judgment!Court : Mumbai Nagpur
..... under section 156 (3) of the code of criminal procedure. in such a situation, the question would be as to whether the officers of the state should be forced to face ignominy of being accused in a crime, which, in our considered view, would not be made out even taking the allegations in the complaint to be true ..... or not. we may gainfully refer to the observations of the apex court in the case of state of haryana and others vs. ch. bhajan lal, reported in air 1992 sc, 604 which reads thus: 108. in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of ..... correct, let us examine what is the case sought to be made out against the four persons who, according to the complainant, have committed the offence punishable under the atrocities act. i) the allegations against shri kailash bilonikar, under secretary (pol1), home department, mantralaya, mumbai. the allegation against shri bilonikar are that he is a controlling officer of .....
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