Court : Mumbai Aurangabad
..... state government, who is empowered by the registrar in this behalf may, subject to such rules as may be made by the state government, but without prejudice, to any other mode of recovery provided by or under this act, recover - (a) any amount due under decree or order of a civil court, obtained by a society; (b) any amount due under a decision or award or order of the registrar, cooperative court or liquidator or cooperative appellate ..... empowered by the registrar in this behalf may, subject to such rules as may be made by the state government, but without prejudice, to any other mode of recovery provided by or under the said act, recover any amount due under a certificate granted by the registrar under sub- section (1) and (2) of section 101 or under section (1) of section 137, together with interest, any, due on such ..... court; (c) any sum awarded by way of costs under this act; (d) any sum ordered to be paid under this act, as a contribution to the assets of the society; (e) any amount due under a certificate granted by the registrar, under sub-section (1) or (2) of section 101 or under sub-section (1) of section ..... received from sale of all these properties had been properly and duly adjusted and appropriated for recovery of the amounts due under the subject recovery certificates, then, both ..... passed on 7th march 2008 in an earlier .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (7) any person aggrieved by an order under sub-section (4) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate government or such other authority as may be specified by the appropriate government in this behalf: provided that the appropriate government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period ..... section 2(f) : employer means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop (i) belonging to, or under the control of, the central government or a state government, a person or authority appointed by the appropriate government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the ministry or the department concerned, (ii) belonging to, or under the control of, any local authority, ..... , rules or regulations governing the employees of the establishment), layoff, strike or a lockout or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this act; (2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under ..... , 2008(6) .....
Tag this Judgment!Court : Mumbai Aurangabad
..... within fifteen days from the date on which the notice was served on the operator, the stage carriage in respect of which the tax is due and its accessories may be distrained and sold under the appropriate law relating to recovery of arrears of land revenue, whether or not such vehicle or accessories are in the possession or control of the operator: provided that no distraint shall be made in pursuance of ..... deposited / to be deposited in view of interim orders which were passed during pendency of these petitions and to take further appropriate decisions in respect of recovery of past liability/difference of the petitioners as per rules relied on by the petitioners themselves and referred ..... (b) goods carriages plying on substantive permits or temporary permits issued during the pendency of renewal of substantive permits under section 87(1)(d) of the motor vehicles act, 1988 within the agreed quota and countersigned by other state, shall be exempted on single point tax basis in other state as under : ( i) if the goods carriage belongs to the ..... of the directions issued by this court during the pendency of these petitions, petitioners continued to deposit 50% of the amount as claimed from them and, the amount so paid shall be appropriated by the state towards past liability in respect of demand of tax. ..... for appropriation of the amount which they have deposited during the pendency of the petitions towards tax and, in future, levy and recovery of tax shall be in accordance with the act .....
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 ..... 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 ..... if the respondents feel that such a person should not be allowed to work in railways which is a service essentially meant for general public their action of removing him from service cannot be faulted ..... 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 ..... 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. ..... and others, 2008 (2) mh.l.j. ..... 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 .....
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 ..... 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. ..... if the respondents feel that such a person should not be allowed to work in railways which is a service essentially meant for general public their action of removing him from service cannot be faulted. ..... of special cancellation can only be accessed, if the appropriate user id and password are entered. ..... 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 reported in 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
..... and appeal) rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence services (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette, apply; or (c) where the change is effected due to updating or replacing of the existing machinery, computerization or increase in the immovable property ..... she had specifically invoked section 9a of the industrial disputes act, 1947 alleging alteration in the service condition under clause (1) of the ..... 5 are required to pay the difference of salary to the petitioner from the month it has been reduced until the decision is arrived by the competent authority under section 9a of the industrial disputes act, 1947, if any application is preferred by respondent nos.4 and 5. ..... the industrial disputes act, 1947 reads as ..... order that i intend to pass in view of section 9a of the industrial disputes act, 1947 and the fourth schedule thereunder, i am not adverting to the entire submissions of all the learned advocates since the matter is being relegated for proper compliance of the procedure laid down under section 9a of the industrial disputes act, 1947. 5. ..... from considering the oral and documentary evidence on record and the admission given by the witness of respondent nos.4 and 5 coupled with the law on section 9a of the industrial disputes act, 1947. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . from the observations made and the law laid down by the honble apex court as above, there remains no doubt that, application made under section 18 of the act, if is rejected by the reference court on the ground of limitation, the same would not fructify into any reference and as such would not tantamount to an effective application and consequently the rights of such ..... . the petitioner shall communicate this order to the concerned authority with appropriate application and shall remain present before the said authority on 16th ..... , 1953 scr 1 had held that it is not a sound principle of construction to brush aside words in a stature as being inapposite surplusage, if they can have appropriate application in circumstances conceivably within the contemplation of the statue ..... embark upon an inquiry as to what would be the correct interpretation of section 28-a, we think it appropriate to bear in mind certain basic principles of interpretation of statute ..... of section 28a can be invoked by a person interested in the land, if he had not filed an application under section 18 of the act and the court had enhanced the compensation in relation to the land covered by the said notification as that of the person interested ..... the record shows that, the petitioner has filed such an application under section 28a of the act with the respondents in the year 2011, however till date the respondents have not considered ..... . in quebec railway light head and ..... avhad, 2008(5) mh.l.j ..... avhad, 2008(6) mh.l.j .....
Tag this Judgment!Court : Mumbai Aurangabad
..... stated in the reply that, the sessions court, ambajogai asked him to take the said four accused into custody and accordingly, the respondent no.3 informed the said fact to the officer-in-charge, government railway police station, parli (v) by phone and requested to send two more police constables for the assistance. ..... that, from what has been submitted by the respondent no.3 in his say dated 28.08.2013, in the opinion of answering respondent, the respondent no.3 has acted in the course of his duties and there was no intention on his part to favour and or shield any of the accused. 13. ..... order of sentence, all the four accused were handed over to police head constable aniskhan pathan, railway police station, parli vaijnath, taluka parli-vaijnath, dist. ..... therefore, police officer-in-charge from the government railway police station, parli vaijnath was informed about the same, who in turn directed the respondent no.3 to sign the application for him, which was to be submitted to the government hospital on behalf of ..... additional public prosecutor invited our attention to the affidavit in reply filed on behalf of the respondent no.2 and submits that, this court may pass appropriate orders. 7. ..... the learned counsel appearing for the respondent no.3, the provisions of section 24 of the prisons act, 1894 are applicable to the under trial prisoners and not to the convict prisoners. 6 ..... he has affixed the seal of police sub-inspector railway police station, parli-vaijnath below the report and signed .....
Tag this Judgment!Court : Mumbai Aurangabad
..... chosen by each political party, or aghadi or front in the municipal corporation or as the case may be in the municipal council as its leader and includes any other councilors of such party or aghadi or front authorised by it to act in absence of the leader as, or discharge the functions of the leader of such party or aghadi or front for the purposes of these rules . ..... 49] therefore, the absence of a set of rules, which would not admit any ambiguity, in order that the scheme of disqualification act and rules is not defeated, it will have to be held that whenever there are no rules to the contrary and when a dictate of the democracy is not given by the municipal party, the gat neta shall ..... adopted and no one has requisitioned a meeting to choose or elect a candidate for any elective post in the council, in such eventuality, the authority and power of the gat neta of the municipal party, to act suo motu shall be and his authority and power to represent the municipal party will have to be deemed to be exercisable. ..... [d] the appellant claims that the communication and declaration as required under section 3(1)(a)and (b) of the disqualification act and the declaration signed by each member under rule 4 of the disqualification rules , were submitted before collector, by all six elected members belonging to ..... 63] it would appropriate to refer to the meaning and definition :meaning as per concise oxford english dictionary ..... of traveling or of transporting goods, such as roads or railways. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that provisions of clauses 63 and 64 of the general conditions of contract will be applicable only for settlement of claims/disputes for value less than or equal to 20% of the original value (excluding cost of materials supplied free by railway) of the contract or 20% of the actual value of work done (excluding the value of the work rejected) under the contract, whichever is less. ..... counsel for the respondent (a) learned counsel appearing for the respondent invited my attention to the affidavit in reply and submitted that, nanded division of south central railway invited open tender on 7.9.2006 for the work of extension of pit line for 16 coaches length and provision of sick line facility. ..... of clause 63 and 64 of the general conditions of contract will be applicable only for settlement of claims/disputed for valuables less than or equal to 20% of the original value (excluding cost of materials supplied free by railway) of the contract or 20% of the actual work done (excluding the value of the work rejected) under the contract, whichever is less. ..... in the facts of the present case, the applicant has approached the appropriate high court, there is arbitration agreement between the parties and the applicant is party to the agreement has applied under section 11 of the said act for appointment of the arbitrator. ..... perusal of correspondence dated 29.8.2008, 10.11.2009 and 15.11.2010 made by the applicant herein to the general manager, south central railway, secundarabad (a.p.) i.e. .....
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