Court : Mumbai Nagpur
..... witnesses have turned hostile and the learned trial judge has disbelieved discovery of weapons allegedly used in the crime on the memorandum under section 27 of the evidence act by the accused and which finding, in our considered opinion, does not warrant interference, it will not be necessary to refer to the evidence of panch ..... however, as a matter of caution, it will be appropriate to adopt the test as approved by the apex court in the cases of masaltiand binaykumar singh (cited supra) by upholding conviction only of such of the accused persons, who are named by at least two witnesses whose evidence ..... it will be appropriate to refer to para (12) of the said judgment, which reads thus: 12) in the present case, however, we are satisfied that there is no substance ..... he argues that under the india evidence act, trustworthy evidence given by a single witness would be enough to convict an accused person, whereas evidence given by half a dozen witnesses, which is not trustworthy, would not be ..... state of bihar {2010 all mr (cri) 2663 (sc)} has held that it cannot be held as an unqualified proposition of law that whenever accused sustains injury in the same incident, the prosecution is obliged to explain the injury and on failure of ..... state of bihar (air 1997 sc 322) relying on the aforesaid observations of the apex court in the case of masalti(cited supra) has observed in para (30) of the judgment, ..... state of bihar (2010 all mr ..... state of bihar (air 1997 sc 322 ..... state of bihar {1998 .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is well settled that the high court can set aside or ignore the findings of fact of an appropriate court if there was no evidence to justify such a conclusion and if no reasonable person could possibly have come to the conclusion which the courts below have come or in other words a finding which was perverse in law. ..... however, in the very same decision it has been observed in paragraph 6 that interference could be justified in an appropriate case if it is found that the conclusion arrived at by the subordinate authority is either perverse or against the weight of evidence. ..... law is sell settled by various decisions of this court that the high court can interfere under article 227 of the constitution in cases of erroneous assumption or acting beyond its jurisdiction , refusal to exercise jurisdiction, error of law apparent on record as distinguished from a mere mistake of law, arbitrary or capricious exercise of authority or discretion, a patent error in procedure, arriving at a finding which is perverse or based on no material, or resulting in ..... in paragraphs 37 and 38 of aforesaid decision the supreme court has observed that a writ of certiorari is directed against the acts, or proceedings of the subordinate court and it can issue even if the lis is between two private parties. ..... 21 of 2005 which came to be allowed on 28.06.2005. ..... this court on 17.01.2005 dismissed the writ petition. .....
Tag this Judgment!Court : Mumbai Nagpur
..... shri ghate submits that insofar as the finding of the learned single judge with regard to the applicability of the bombay act is concerned, it was a specific case that the complainant had not worked continuously either for 3 months or for one year and as such the said provisions could not be made applicable to ..... retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate government or such authority as may be specified by the ..... , it will be appropriate to refer to section 2(oo) and section 25f of the id act:- "2. ..... to applicability of chapter v-a in view of the employment being contractual in nature and covered by section 2(oo)(bb) of the id act was not an issue for consideration before their lordships of the apex court in the said case. 29. ..... court 1253 is totally misplaced inasmuch as there was no occasion for their lordships of the apex court to consider the provisions of section 2 (oo) (bb) of the id act, inasmuch as the said provision has come on the statute book for the first time in 1984. ..... it was further his case that the provisions of the bombay shops and establishment act, 1948 (for short "bombay act") which were applicable to the bank requires issuing 30 days of notice or wages in lieu thereof, ..... decided together by the learned industrial court, nagpur vide judgment and order dated 11.8.2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 488(1) and (8) of the old code of criminal procedure (act v of 1898) read thus, 488: (1) if any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself, the district magistrate, a presidency magistrate, a sub-divisional magistrate or a magistrate of ..... akham ibobi singh and others : (2005) 3 glr 236, to support her contention. ..... section 13(1) of the general clauses act lays down that in all central acts and regulations, unless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include females. ..... state of bihar : air 2004 sc 2123, to buttress the submission that unlike wife and the child, the parents have not been extended the facility to file application u/s 125 of the cr.p.c. .....
Tag this Judgment!Court : Mumbai Nagpur
..... for grant of lease in favour of the petitioner now stands reserved for carrying mining operations through moil vide the central government's notification dated 29.09.2009 issued under section 17a( 1a) of the mmdr act and this is the main reason for which the central government tribunal has set aside the state government's order, we do not find it necessary to make any comment regarding the observation recorded by ..... area recommended in favour of the petitioner for grant of mining lease vide state government's order dated 26.06.2008 would have become area held under mining lease as envisaged in 17a( 1a) of the mmdr act only after the approval of the central government and after valid execution of the lease deed between the petitioner and the state government as provided under rule 31(2) of the m.c. ..... further observed that the high court should have left that matter to the discretion of the central government to pass an appropriate order in accordance with law instead of entertaining a premature writ petition. ..... ( 1) any person aggrieved by any order made by the state government or other authority in exercise of the powers conferred on it by the act or these rules may, within [three months] of the date of communication of the order to him, apply to the central government in triplicate in form n, for ..... subsequently revealed that certain portion of the area recommended in favour of monnet was reserved for public sector exploitations under two notifications issued by the government of bihar. .....
Tag this Judgment!Court : Mumbai Nagpur
..... to take a decision for consideration of the representative board within a period of three months from the date of the order and, therefore, the one man board constituted under section 6a of the mathadi act ought not to have taken such a major decision and awaited constitution of representative or popular board so that the matter could have been considered by the latter and a just decision to the satisfaction of ..... so advanced on behalf of the respondents is right, still, a duty is cast upon respondent no.1 under the provisions of the scheme (clause 33 (2)) to call upon the registered employers and trade unions of workers to submit appropriate representations and, therefore, it was necessary for respondent no.1 to call upon the petitioner to place before it proper representations. ..... we do not totally deny ourselves the jurisdiction to enquire into the question, in appropriate proceedings, whether relevant considerations have gone in and irrelevant considerations kept out of the ..... petitioner relates to giving of rise of 23% in revision of wages being exorbitant with appropriate cpi not considered as the basis and various contentions of the petitioner ignored. ..... petitioner is that the order dated 12/08/2011 passed by the respondent no.1 increasing rates of wages payable to mathadi workers by 23% is arbitrary and that the respondent no.1 has failed to perform its duty in taking appropriate steps to make full and adequate utilization of mathadi workers. 3. ..... kamgar sanghatana [2005 ii clr 337 .....
Tag this Judgment!Court : Mumbai Nagpur
..... , in order to ensure proper implementation of the reservation policy for the disabled and to protect their rights, it is necessary to issue the following directions : (i) we hereby direct the appellant herein to issue an appropriate order modifying the om dated 29.12.2005 and the subsequent oms consistent with this courts order within three months from the date of passing of this judgment. ..... ) the appellant herein shall issue instructions to all the departments/public sector undertakings, government companies declaring that the nonobservance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in department/ public sector undertakings/ government companies, responsible for the proper and strict implementation of reservation for persons with disabilities, be departmentally proceeded against for the default ..... officer) emphasized on the rigor of the mandate of the provisions of section 47 of the persons with disabilities act 1995 and relying on the proviso to section 47(1) of the persons with disabilities act 1995 directed the employer to get opinion of a government doctor and to assign appropriate duty to the employee suffering with disabilities. ..... the learned member concluded that the petitioner has committed unfair labour practice under item 9 of schedule iv of the mrtu and pulp act and that respondent no.1 is entitled to get wages from 8th february 2002 till the age of attaining of superannuation for the post .....
Tag this Judgment!Court : Mumbai Nagpur
..... it was also felt expedient to define the expression capital outlay appropriately so that it would enable the state government to recover not only the costs of construction of bridge or tunnel or approach roads thereto but also cost of section of new road or bypass which is constructed, reconstructed, improved or repaired and ..... it can thus clearly be seen that the division bench in unequivocal terms held that in view of various amendments to section 20 of the said act, it is now not only permitted to recover the costs of certain anticipated works by defining the expression capital outlay but it is also permitted to the state government to recover the interest and reasonable return etc. ..... it would also be appropriate to refer to the observations of the apex court in the case of bengal immunity co. ..... it will be appropriate to refer to para 94 of the judgment of the hon'ble apex court wherein principles have been laid down by the hon'ble apex court, after considering the entire law on the subject. 94. ..... it will be appropriate to refer to paras 15 and 16 of the said judgment. 15. ..... state of bihar and others reported in air 1955 sc 661, wherein the apex court in paragraph 22, has explained the principle of interpretation which is commonly known as heydons rule or mischief rule . .....
Tag this Judgment!Court : Mumbai Nagpur
..... we find it appropriate to refer to those rulings little later and at appropriate juncture. 10. ..... he further submits that the parties succeeding before the hon'ble apex court can be shifted to appropriate college. ..... s.2(3) of the maharashtra zilla parishad and panchayat samities act defines block to mean such local area in a district as the state government may by notification declare to be block under s.5. ..... (2005) 3 mh.l.j. ..... concept of village is in maharashtra land revenue code, 1966, while the concept of block can be found in maharashtra zilla parishad and panchayat samities act, 1961. ..... 5 stipulates that for the purposes of zilla parishad act. 12. ..... 4, the districts formed under land revenue code are recognised to be the districts also for zp act. s. .....
Tag this Judgment!Court : Mumbai Nagpur
..... that in no case an untrained incumbent completing three years as a shikshan sevak, can draw wages more that the honorarium payable to a trained shikshan sevak we prefer to leave these issues open for its due evaluation in more appropriate facts and circumstances. ..... we find it appropriate to consider the terms and conditions prescribed for an incumbent in the scheme formulated to govern the shikshan sewaks. ..... 7116/2011 has been followed and acted upon. ..... on 11.03.2005, the tribal development department of state government has issued a government resolution on the subject of appointing untrained backward class candidates. .....
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