Court : Mumbai Aurangabad
..... , that is, a dispute arising between parties to a marriage, (attention may be brought to the reference made by deshmukh j. to the family courts act sub-section (1) of section 7, to elucidate the meaning of the term 'matrimonial matters') and should therefore exclude testamentary petitions wherein not only is there an absence of dispute, other ..... , inter alia, provides for exemption of court fees for women litigants in cases relating to maintenance, property right, violence and divorce; and whereas, section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), empowers the state government by notification in the official gazette to reduce or to remit any of the fees ..... mentioned in the first and second schedules to that act; now, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), the government of maharashtra hereby remits the fees payable by women litigants on any .....
Tag this Judgment!Court : Mumbai Aurangabad
..... case first informant for unexplained and obscure reason, waited for days to lodge a complaint /fir in respect of alleged offence punishable under atrocities act. section 3(1) (x) of the act punishes intentional insult or intimidation from a person who is not a member of the scheduled castes or scheduled tribes when such insult or intimidation ..... defeated and a ragtag chargesheet was sent to the trial court. therefore, the conviction of appellant no.1 govind for the offence punishable under section 3(1)(x) of the scst act cannot at all sustained." 8. referring to the above judgments and observations in the rulings, the learned counsel for the respondents original accused submitted ..... of this court in that matter made in para 10, which reads as under: "in the present case, the accusation is mainly under section 3(1)(x) of the atrocities act. it may be possible that due to groupism in village there may be rivalry between different persons from different grounds false accusations cannot be ruled .....
Tag this Judgment!Court : Mumbai Aurangabad
..... respondent no.4, therefore, may be set aside and the petitioner may be directed to be enrolled in army. 5. the learned counsel for the petitioner further submits that as per subsection (2), section 19 of the act of 2000, the juvenile justice board has to make an order directing that the relevant records of the conviction ..... in any other offence in future, vide clause (a), subsection (1), of section 15 of the act of 2000. in view of subsection (1), of section 19, passing of such order against the petitioner would not be a disqualification for enrolment of the petitioner in army. he submits that the impugned letter dated 31st march, 2016, issued by ..... clause cannot be used for disqualifying the petitioner for his enrolment in the army on the ground that he was held guilty by the juvenile justice board. such disqualification has been specifically removed by the provisions of subsection (1) of section 19 of the act of 2000 and the non obstante clause used therein would override directive no .....
Tag this Judgment!Court : Mumbai Aurangabad
..... such assessment is to be maintained. if the two provisions are read together, it would mean that before taking recourse to the powers vested under sub-section (3) of section of the meps act, the performance of an employee appointed on probation would have to be taken into consideration by the school management before terminating his services. 15. ......................... 16 ..... the normal cases relating to probation and the termination of the services of a probationer in that the satisfaction required to be arrived at under sub-section (3) of section of the meps act has to be read along with rule 15 of the meps rules, 1981 with particular reference to sub-rule (6) which provides that the ..... sub-rule (6) of rule 15 of the meps rules, 1981, would control the powers vested in the management of the school under sub-section (3) of section of the meps act. the law with regard to termination of the services of a probationer is well established and it has been repeatedly held that such a power lies .....
Tag this Judgment!Court : Mumbai Aurangabad
..... family pension, are not surviving. this government resolution has been made applicable to the employees of the maharashtra zilla parishads vide proviso to section 248 of the maharashtra zilla parishads and panchayat samities act, 1961. 14. in the 'introduction' part of the said government resolution it is mentioned that since the definition of the term ..... ' in the family pension scheme 1964. the mother of the deceased government servant, who is otherwise entitled to receive family pension under the family pension scheme 1950 (rule 117) or under extra ordinary family pension scheme (appendix iv), thus, has been discriminated by denying her the same right to receive family pension vide ..... for the petitioner cited the decision in the case of kunhami vs union of india (uoi) (2006 (2) klt 661), based on regulation 216 of the army regulations, which includes mother of the deceased employee in the definition of family. in that case, consequent upon remarriage of the widow of the deceased employee his .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the facts and circumstances of each case. it is neither permissible nor proper for the court to provide a straitjacket formula regulating the exercise of inherent powers under section 482. no precise and inflexible guidelines can also be provided." "57. quashing of offence or criminal proceedings on the ground of settlement between an offender and ..... -b/420/467/468/471 of the indian penal code along with the bank officers who were being prosecuted under section 13(2) read with 13(1)(d) of prevention of corruption act. the court refused to quash the charge against the accused by holding that the court would not quash a case involving a crime ..... against the society when a prima facie case has been made out against the accused for framing the charge. ashok sadarangani was again a case where the accused persons were charged of having committed offences under sections .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the result, we pass the following order: order i] the writ petition is partly allowed. ii] the conviction of the petitioner for the offence under section 44 of the army act, 1950 is maintained, however, sentence of rigorous imprisonment for one month awarded to him is set aside. iii] the punishment of dismissal from the service awarded ..... the petitioner did not disclose about registration of the offence against him and pending criminal case. therefore, the respondent authority has rightly invoked the provisions of section 44 of the army act, 1950 and rightly convicted him for the said offence. the said conviction does not call for any interference. 12. the learned counsel for the petitioner submits ..... , 506 r/w. 34 of ipc. as the consequence of which the commanding officer had framed the tentative charge against the petitioner under section 44 of the army act, 1950 on 9th may, 2001 for giving negative answer at the time of enrolment when query was put to him that have you ever been imprisoned .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of any fix minimum wages for agricultural labour in the state, i am not inclined to consider the above rates as specified considering the provisions of the said act. 17. learned member of the tribunal has, thus, rightly considered the notional income of claimant at the rate of rs.3,000/- per month as the ..... notional income of an agricultural labour in the state of maharashtra. 15. learned counsel placed reliance on certain provisions of the national rural employment guarantee act, 2005. the said act provides for enhancement of the livelihood security of the households in the rural areas of the country by providing at least one hundred days of guaranteed ..... year 2014, the same has been reached to more than rs.6,000/- per month. learned counsel submits that under the provisions of the national rural employment guarantee act, 2005, the ministry of rural development has issued a notification dated 23.03.2012, wherein, the state-wise wage rate for unskilled manual workers is mentioned/fixed .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of india. realising the likely confusion in the minds of even honest persons the resolutions/legislation passed by the state governments should spare some succour to this section of persons. this can be best illustrated by the fact that it was in milind that the constitution bench clarified that koshtis or halbakoshtis were not entitled ..... 18-10-2001, no appointments and/or promotions could be made without production of a caste validity certificate under sub-section (2) of section 6 of the said act, but it is a fact that some such appointments have been made. (d) in terms of the decision in milind's case, all the ..... scheduled caste, scheduled tribe, denotified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (mah.act 23 of 2001), the management called upon the employee by letter dated 25/01/2005 to submit his tribe validity. similar such reminders were issued to the employee .....
Tag this Judgment!Court : Mumbai Aurangabad
..... or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or ..... that matters of service conditions including the issue of termination of an employee from service will lie before the labour court and not before the cooperative court under section 91 of the act of 1960. it was held that if the employee is covered by the definition of workman, the dispute will have to go before the labour court and ..... therefore or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrar under sub section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to hi m or an officer of society notified by the .....
Tag this Judgment!