Court : Mumbai Aurangabad
..... grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school belonging to specified category; and (iv) an ..... are functioning since 2008 without any recognition from the state government which is appropriate government under 2009 act. ..... thus, after the commencement of the 2009 act, the private management intending to establish the school has to make an application to the appropriate authority and till the certificate is granted by ..... also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition .....
Tag this Judgment!Court : Mumbai Aurangabad
..... grant basis and not receiving any other aid whatsoever" from the government, will henceforth have to fulfill the conditions specified, amongst others, in sections 12, 19, 25 read with schedule of the act of 2009 and of the rule 3.2 of the code (for secondary/higher secondary school) or rule 107 of the rules of 1949 (for primary school), as the case may be, and also in the recognition ..... accordingly, we hold that the right of children to free and compulsory education act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority; (iii) a school belonging to specified category; and (iv) an ..... are functioning since 2008 without any recognition from the state government which is appropriate government under 2009 act. ..... thus, after the commencement of the 2009 act, the private management intending to establish the school has to make an application to the appropriate authority and till the certificate is granted by ..... also contain a prayer to declare part of section 18(1),18(5),19(1) and 19(5) of the right of children to free and compulsory education act,2009 (referred to as 2009 act, hereafter) to the extent the same do not allow to establish or function a school without obtaining a certificate of recognition .....
Tag this Judgment!Court : Mumbai Aurangabad
..... as already observed, upon considering the scheme of the said act, it is only the corporation, who is appointing authority of the petitioner, can take appropriate decision either to upset/set aside/cancel the decision taken by ..... case of the petitioner that, the petitioner preferred statutory appeal under section 56(4) of the maharashtra (bombay) provincial municipal corporation act, 1949 (hereinafter referred to as the said act ) and challenged the legality, correctness and appropriateness of decision of commissioner to the standing committee of municipal corporation, aurangabad, in the form of representations dated 26th february, 2007, 16th june, 2007 and 8th april, 2008. ..... this petition is filed with following prayer: by issuing a writ of mandamus or any other appropriate writ, order or directions respondent no.1-municipal commissioner, aurangabad, may please be required to pay full `pension' and other retrial (sic) benefits, in the light of `decision of standing ..... therefore, relying upon the pleadings/grounds taken in the petition, annexures thereto, relevant provisions of the said act and the judgment of the principal seat of this court in the case of prabhakarshrirang jagdale (supra) and judgment of the hon'ble apex court in the case of state of jharkhand (supra), the ..... we have perused the pleadings/grounds taken in the petition, annexures thereto, relevant provisions of the said act, also the replies filed by the respondents and the judgments cited by the petitioner across bar. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... any person establishing or maintaining a market, for which license has not been granted under subsection (2) of section 205 or opening or keeping open a market for which license has been cancelled under section 210 of the act; or opening or keeping open a market during the period of suspension under section 210, shall be punishable with fine which may extend to one hundred rupees, and if the breach is continuing one, with further fine ..... a proposal was also forwarded to the collector by the chief executive officer on 03.10.2008 to take appropriate action under the provisions of code of criminal procedure for preventing holding of illegal ..... contends that there is no provision contained in the act of 1961 empowering the chief executive officer, zilla parishad to prohibit holding of a private bazar and in such circumstances, the collector and district magistrate is required to invoke powers conferred under the code of criminal procedure and take appropriate preventive action. 6. ..... it also does transpire that penal action was also taken, as contemplated by section 213 of the maharashtra zilla parishads and panchayat samitis act, 1961, and penalty of rs.100/- was directed to be recovered from private traders on account of their participation in the illegal bazar ..... that in spite of issuance of instructions, illegal cattle bazar is being conducted at lyahari/walki phata, the block development officer was directed to take appropriate steps, as contemplated by section 213 of the act of 1961. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the context of 'employment' section 32 of the said act requires the appropriate governments to identify the posts in the establishments, which can be reserved for the persons with ..... the fact situation as above, i find it appropriate to direct the respondent to treat the services of the petitioner for the period 23.5.2008 till 3.8.2008 as on leave ?. ..... the medical leave of the petitioner, therefore, could have been extended, if available, from 23.5.2008 till 3.8.2008 or leave could have been granted, if available to the credit of the petitioner, for the said period. ..... impugned judgment dated 3.1.2012, to the extent of the direction at clause no.3 is modified and the respondent is directed to treat the period 23.5.2008 till 4.8.2008 as "on leave" and shall pay the petitioner his salary from 4.8.2008 till 9.7.2009 within a period of twelve weeks from today, failing which the petitioner will be entitled to simple interest at the rate of 6% per annum on the unpaid wages from 4.8.2008 onwards. 27. ..... the petitioner served a notice upon msrtc on 10.11.2008 requesting for allotment of duties and payment of ..... the civil surgeon referred the petitioner on 9.7.2008 for a medical examination to the sasoon general hospital, ..... despite the opinion received dated 4.8.2008, the respondent then directed the petitioner to produce a certificate in format, which was available after 11 months on ..... has been allotted light work by virtue of the certificate dated 4.8.2008 issued by the sasoon general hospital. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the police officer in belatedly recording fir of nitin can be taken care by him at appropriate stage but, the ordinary impression that is generated is, in order to dilute effects of prosecution initiated by the petitioner vide crime no.70/2008, implicating office bearers, nitin, the complainant, has acted as a stooge to ensure smooth passage to the employer to create pressure upon the petitioner. ..... his initial statement came to be recorded by officers of ahmadpur police station which was forwarded to kingaon police station and concerned police registered crime no.70/2008 under sections 353, 332, 342, 504 and 506 read with section 34 of ipc against ambadas haribhau gulave, hemant ambadasrao gulave, prashant ambadasrao ..... taken care of at appropriate place but that will not attract or involve infraction of provisions of section 3(1)(x) of the act of 1989. ..... supreme court repeatedly cautioned the high courts that inherent jurisdiction does not confer arbitrary power to act according to whim or caprice; the power exists to prevent abuse of authority and not to ..... questioned fir vide crime no.3007/2008 for offence under section 3(1)(x) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, and section 7(1)(d) of protection of civil rights act, lodged by respondent no.2 ..... and he prosecuted the office bearers of the school and nitin, nitin has acted as an instrument for his mentor to ensure persecution of the petitioner by false prosecution vide crime no.3007/2008. 6. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the deceased swati was in the exclusive custody of the appellant during night time, the act committed by the appellant had serious consequence and deserves to be punished by awarding appropriate punishments keeping in view the social interest and consciousness of the society. ..... trial court, after taking into consideration the entire evidence brought on record, has appropriately punished the appellant by awarding life imprisonment. ..... court should consider social interest and consciousness of the society for awarding appropriate punishment. ..... courts exist for the society and ought to rise up to the occasion to do the needful in the matter, and as such ought to act in a manner so as to sub-serve the basic requirement of the society. ..... of the appellant was solemnized with swati on 11.02.2008 and incident has taken place on 30.05.2009. ..... the principle laid down in section 106 of the evidence act is clearly applicable to the facts of the case and there is, therefore, a very strong presumption that dhapu kunwar was murdered by thakur singh. ..... (2014 (12) scc 211)while explaining the scheme of provisions of sections 101 to 106 of the evidence act, 1872, and its scope in para 22 to 24 held thus: 22. ..... reasonable inference can be drawn on the basis of circumstances brought on record that it was coldblooded act and behaviour of the appellant. ..... section 25 of the evidence act and section 162 of the code of criminal procedure do not bar its admissibility ..... marriage with the appellant was solemnized on 11.12.2008. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... apex court states that one more analogous provision though slightly different under section 50 of the act is for deletion of the reservation where the appropriate authority (other than the planning authority) no longer requires the designated land for the particular public purpose, and seeks deletion of the reservation ..... however, before embarking upon the exercise to resolve the same, we find it appropriate to evaluate the controversy of deemed sanction as pleaded in defence by the respondents ..... proposed change was not acceded to till 4.7.2008 and has not been cleared till date. ..... present matter, this scheme of 1966 act and events leading to gr dated 4.7.2008 are not in dispute. ..... the respondents speak of gr dated 4.7.2008 and ep 44 which proposes deletion of reservation for garden and a provision only for stadium-sports complex and shopping ..... facts show that on 4.7.2008, the respondent 1 sanctioned ..... on behalf of respondent 2 and 4 states that on 4.7.2008, the respondent 1 sanctioned e.p. ..... notification dated 4.7.2008 reveals that on 4.7.2005 excluded part of the draft development (second revised) plan was published and objections were invited under ..... date 21.8.2008 was fixed as the date for coming in force of development plan of the said excluded part of ahmadnagar (second revised). ..... officer was also appointed under subsection 2 to hear the objectors and period for sanctioning the draft development plan of ahmadnagar (second revised-excluded part) was also increased upto 4.7.2008. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the said judgment, this court has held that in such cases where the bus conductors carry passengers without ticket or issue tickets at a rate less than the proper rate, the said acts would inter alia amount to either being a case of dishonesty or of gross negligence and such conductors were not fit to be retained in service because such inaction or action on the part of the conductors results in financial loss to ..... it is the discretion of the employer to consider the same in appropriate cases, but the labour court cannot substitute the penalty imposed by the employer in such cases. ..... of special cancellation can only be accessed, if the appropriate user id and password are entered. ..... it cannot be appreciated that the petitioner, who is gram-sevak, could resort to these acts without any resolution being passed or prior permission being taken from the competent authority or the gram panchayat ..... case, this court was considering the case of misappropriation of a small amount of state road transport corporation s fund by a conductor and held it a grave act of misconduct, which resulted in financial loss to the corporation. ..... india and others, 2008 (2) mh.l.j. ..... once act of misappropriation is proved, may be for a small or large amount, there is no question of showing uncalled for sympathy and reinstating the employees ..... a proved act of misappropriation cannot be taken lightly even though number of such misappropriation cases remain undisclosed and such employees or others amass wealth by .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the said judgment, this court has held that in such cases where the bus conductors carry passengers without ticket or issue tickets at a rate less than the proper rate, the said acts would inter alia amount to either being a case of dishonesty or of gross negligence and such conductors were not fit to be retained in service because such inaction or action on the part of the conductors results in financial loss to ..... courts would then be confined only to a secondary role and will only have to see whether the administrator has done well in his primary role, whether he has acted illegally or has omitted relevant factors from consideration or has taken irrelevant factors into consideration or whether his view is one which no reasonable person could have taken. ..... it was further laid down that an employer ought to have the right to decide what the appropriate punishment for a misconduct should be and its exercise of the discretion in this regard should not be interfered with by a tribunal unless the punishment is ..... the petitioner raised an industrial dispute under section 2a of the id act before the appropriate government. ..... (e) the petitioner was charge sheeted on 22.10.2008 under clauses 7(a) and (j), 11, 12(b) and 22 of the discipline and appeal ..... of india and others [2008 (2) mh.l.j. ..... the petitioner submitted his explanation to the charge sheet on 8.11.2008. ..... (b) on 22.10.2008, while the petitioner was on duty, the flying squad of the respondent caused a surprise check of the bus at .....
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