Court : Mumbai Nagpur
..... say that the allegations in this case are not based upon only what has taken place by way of communication between the husband and wife, but also on the acts which, prima facie suggest, as being in the nature of ill-treatment and harassment within the meaning of cruelty as contemplated under section 498-a of the indian penal code ..... humble opinion, this argument falls within the realm of defence of the accused and, therefore, would have to be considered appropriately after after detailed evidence is available and not at this stage. 18. ..... additional public prosecutor for the respondent no.1, who states that appropriate order may be passed in the matter and mr. s.s. ..... also challenged issuance of process on the ground of lack of territorial jurisdiction of the court of judicial magistrate, first class, nagpur contending that the allegations, taken at their face value, would show that all the acts necessary to prosecute the offences of cruelty and demand of dowry had taken place at bhopal and not at nagpur. ..... petitioners for the offences punishable under sections 498-a and 406 read with section 34 of the indian penal code and also offences punishable under sections 3 and 4 of the dowry prohibition act, 1961 in a complaint case being regular criminal case no.1020/2013. 6. ..... state of bihar and another, reported in air 2011 sc 1674, he submits that when the allegations are read in their entirety, an inference would arise that the offences of cruelty as well as illegal demand of dowry have been .....
Tag this Judgment!Court : Mumbai Nagpur
..... commissioner to issue directions for proper administration of the trust : (1) subject to the provisions of this act, the charity commissioner may from time to time issue directions to any trustee of a public trust or any person connected therewith, to ensure that the trust is properly administered, and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust; and the charity commissioner may also ..... to issue directions to trustees and other persons (1) subject to the provisions of this act, the charity commissioner may, from time to time, issue directions to any trustee of a public trust or any person connected therewith to ensure that such trust is properly administered and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust. ..... not only that the division bench of this court in the decision cited supra went to the extent of saying, with which we fully agree, that charity commissioner acts even as a litigant on behalf of the trust he having been empowered to file appeals or other proceedings before the court or he is even entitled to defend on behalf of the public trusts or actions of charity ..... and another, reported in 2005 (8) supreme court cases 618 (seven judges) he argued that even the function of the appointment of arbitrator has been found out not an administrative power but has been found to ..... (24) 2005 (8) supreme court cases 618 (sbp .....
Tag this Judgment!Court : Mumbai Nagpur
..... other writ, order or direction in the similar nature thereby prohibiting respondent no.11 from trying, entertaining and deciding consumer complaint no.88 of 2013 filed by present respondent nos.1 to 8 before respondent no.11, under section 12 of the consumer protection act, 1986 as respondent no.11 has absolutely no jurisdiction, competence, authority and power to try, entertain and decide the same; (b) this honble court be pleased to issue a writ of certiorari and or any other writ, order and ..... direction in the similar nature and quash the proceedings initiated by present respondent nos.1 to 8 before respondent no.11 under section 12 of the consumer protection act, 1986 being consumer complaint no.88 of 2013 as respondent no.11 has absolutely no jurisdiction, competence, authority, and power to try, entertain and decide the same. ..... that we are not concerned, at this stage, with the grievances, if any, of the students against the management and for their action and inaction to file or initiate appropriate proceedings for damages and/or other reliefs. ..... the parties are at liberty to raise appropriate plea or defence including of jurisdiction before the consumer forum ..... observe that this is a perfect case to entertain the writ petition and to pass appropriate relief in the interest of justice. ..... therefore, to take appropriate steps in accordance with ..... statutory authority established under the bihar school examinations board act, 1952. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the same are, therefore, kept open for being agitated in appropriate proceedings in accordance with law. 10. ..... the learned principal district judge, nagpur, by order dated 20.04.2013 held that in view of provisions of section 2(1)(e) of the said act, the jurisdiction to entertain said application did not lie before the court at nagpur. ..... he submitted that two earlier proceedings under provisions of section 9 of the said act had been filed and entertained at nagpur itself and hence in terms of section 42 of the said act all further proceedings thereafter were required to be entertained at nagpur itself. ..... he further submitted that proceedings under section 9 of the said act had also been earlier filed at thane in which the present petitioner had participated without raising any objection to the jurisdiction. ..... additional member board of revenue bihar and another air 1963 supreme court 786. ..... the petitioner being aggrieved by aforesaid award challenged the same in proceedings under section 34 of the said act before the learned principal district judge, nagpur. ..... before the learned arbitrator after which the annual general meeting dated 24.12.2011 held at nagpur was declared as illegal and it was further held that the jurisdiction in the matter under section 34 of the said act vested in the court at bombay. ..... the petitioner being aggrieved by said award had filed application under section 34 of the said act in which present respondent nos. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 2) brief facts of the case are stated as under while bhimrao timaji sonwane was travelling as bona fide passenger by vidarbha express on 30/09/2005 from nashik to gondia, he had met with an untoward incident as he fell down from the running train between nandura to jalamb railway station, as the ..... the apex court considered the relevant provisions under section 123(c)(2) as also section 124a of indian railways act and liability of the railways for death of passenger due to accident as provided in chapter xiii of the railways act, 1989 was pleased to restore the award of compensation granted by the tribunal on the ground that there was no case by the railway administration that death of the victim was a ..... in respect of awarding of interest, power of court to grant interest can be invoked under the provisions of section 3 of the interest act, 1978 and section 34 of civil procedure code was considered by the apex court and interest was allowed at the rate of 6% per annum from the date of application till ..... profit the law must presume that such permission is conditional on the enterprise absorbing the cost of any accident arising on account of such hazardous or inherently dangerous activity as an appropriate item of its overheads . ..... in view of section 123(c) (2) and 124-a of the indian railways act, the claimants had placed reliance upon the report of the incident known as 'marg khabri' (exhibit-1), spot panchnama (exhibit-2), inquest panchnama (exhibit-3), post-mortem report ( .....
Tag this Judgment!Court : Mumbai Nagpur
..... learned counsel for the petitioner seeks leave to withdraw the petitions stating that the petitioner would like to file an application before the high court for appropriate orders in the light of the office memorandum dated 10th august, 2010, issued by the government of india, ministry of personnel, public grievances and pensions, department of ..... the department/employer if asks and or forwards an application for appropriate validation of the certificate, the employee/student is under obligation to cooperate and get the certificate ..... curiae, persuaded with their able and valuable arguments that the facts and circumstances of each case need to be considered to pass appropriate order/relief even on merits of the matter. ..... of this court in milind's case may, therefore, have been justified in burde's case but many not be justified in the case at hand where the appellant has not been accused of any act or omission or commission of the act like the one mentioned above to disentitle her to the relief prayed for. ..... state of maharashtra [(2005) 2 scc 673] ..... by order dated 18.7.2005, this court directed the caste scrutiny committee (the committee) to dispose of petitioner's case within a period of four months with the observation that if the report is adverse, it will be open for the ..... sometimes in 2005, a proposal for petitioner's caste verification was forwarded to the committee 2 by the management of ..... sivachanmugavelu, (2005) scc (lands) 327] to be an obiter following the said decision is the .....
Tag this Judgment!Court : Mumbai Nagpur
..... he then submitted that the appropriate government in the present case was the central government and therefore the respondent no.1 had no jurisdiction to entertain the application and ..... though both the aforesaid decisions pertain to exercise of power under section 10 of the industrial disputes act, 1948, there is no reason whatsoever for not applying the same logic to the exercise of powers by the respondent no.1 when he issued a fresh consent certificate after ..... submission that the appropriate government was the central government and not the state government, it is to be noted that on 16.10.2015 the industrial court passed an order rejecting an application seeking dismissal of the proceedings on the ground that the central government was the appropriate government. ..... issued a communication to the respondent no.1 stating that the consent certificate issued was incomplete and therefore appropriate corrections be made therein. ..... also submitted that the scope of provisions of section 281a(1) of the said act was distinct from the scope of provisions of section 10 of the industrial disputes act, 1948 and therefore the decisions relied upon in that regard had no ..... 2 and 3 made an application to the respondent no.1 under provisions of trade unions act, 1926 (for short, the said act) and rules framed thereunder for making necessary enquiry and issuing a consent certificate alleging that as per the elections held, the office bearers and committee members as shown in annexure a to ..... bihar .....
Tag this Judgment!Court : Mumbai Nagpur
..... be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act xvi of 1964, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely,--(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, ..... order came to be passed by the apex court as under :" counsel for both the parties are agreed that the matter will be settled between the parties on the following basis.an appropriate valuer shall be appointed to determine the price of 18.07 acres of land, now in question in the suit, as on 1st january, 1988. ..... at exhibit 217 dated 17-11-1995, he has urged that it is hit by doctrine of lis pendens under section 52 of the transfer of property act and the applicants in special darkhast no.118 of 1995 are bound to join the sale-deed to be executed and registered in special darkhast no.156 ..... any alienation of the suit property pending the decision of the suit was obviously hit by the provisions of section 52 of the transfer of property act and hence it was not necessary for the plaintiff hifzul kabir to file a fresh civil suit for getting a declaration that the sale-deed dated 17-111995 at exhibit 217 be set ..... in air 2005 ap 524 ..... , reported in (2005) 9 scc 262, and a law laid down is stated in para 27 as under " in the .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is well settled that inherent power under section 482 can be invoked by the accused in the appropriate case irrespective of other factors and this court can exercise the inherent power in a deserving case within the parameters of law. ..... section 200 makes it clear in the proviso that if it is written complaint made by a public servant acting or purporting to act in the discharge of his duty, there is no need for the magistrate to examine the witnesses and the complainant. ..... padode, (2005) 30 mh.l.j. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by an employee, whose appeal has been allowed, is one contemplated by section 13 of the meps act for implementation of the judgment and order passed by the school tribunal or for taking appropriate action against the management for failure to comply with the order or directions issued by the tribunal. ..... is whether such an application filed under section 11(3) of the meps act on 31-3-2005 was maintainable to claim such relief when an appeal filed under section 9 of the said act was finally decided on 29-5-1988. 7. ..... hence, even if it is assumed that the application filed by the respondent no.1, registered as contempt petition no.12 of 2005, before the school tribunal, was one under section 13 of the meps act, the tribunal had no jurisdiction to direct payment of back wages from 7-5-1988 till the date of retirement of ..... petition challenges the order dated 24-4-2006 passed in contempt petition no.12 of 2005 by the presiding officer, additional school tribunal, (nagpur) chandrapur, in exercise of its power under section 11(3) of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (for short, the meps act), holding that the respondent no.1 is entitled to back wages since 7-5- ..... in the application styled as one under section 11(3) of the meps act filed on 31-3-2005, the claim of the respondent no.1 was that in terms of the decision of the school tribunal on 29-5-1988, she was entitled to all the emoluments, including fixation of pay, increments and .....
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