Court : Mumbai Nagpur
..... that crime the initial investigating officers have been found by the superior officers of the police department of not only having committed some acts amounting to dereliction of duty but also the acts which were criminal in nature and sufficient to prosecute them for the offences punishable under sections 217 and 218 of indian penal ..... application, submits that whatever has been argued on behalf of the applicants is by way of defence of the applicants and, therefore, it would not be appropriate for this court to consider the defence of the applicants at this stage. ..... that even though it became clear during investigation that the complaint dated 15.10.2005 was not based upon credible evidence, the investigating officers (accused nos. ..... adhiraj had been saying all the time that he was taken to wardha with the consent of his father, one statement of adhiraj was got recorded on 17.10.2005, which showed lack of consent of his father. ..... abuse of process of law as the allegations made against them, ex facie, show that they are absurd and so improbable that no prudent man would believe them to be correct and that the complaint dated 15.10.2005 filed by pradeep was filed in order to take a revenge from the applicants for filing of a complaint dated 13.10.2005 by applicant no. ..... filed on 31.12.2005 before the court ..... there is already present on record sufficient material on which the applicants are placing their reliance in support of their submission that the complaint dated 15.10.2005 in crime no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by another full bench of cat at bombay on 21.9.2001 and challenge thereto in high court was transferred to itself by the hon'ble apex court due to pendency of similar issue before it and that view has been upset by it in (2005) 6 scc 754, state of punjab vs. ..... 516 of 2005 was born on 29.3.1937. ..... this principle is in conformity with section 4 of the indian majority act. 6. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by another full bench of cat at bombay on 21.9.2001 and challenge thereto in high court was transferred to itself by the hon'ble apex court due to pendency of similar issue before it and that view has been upset by it in (2005) 6 scc 754, state of punjab vs. ..... 516 of 2005 was born on 29.3.1937. ..... this principle is in conformity with section 4 of the indian majority act. 6. .....
Tag this Judgment!Court : Mumbai Nagpur
..... from the averments made in the petition, the documents filed on record and the points urged in the argument, it is transpired that the act of respondents nos.1, 7 and 8 in rejecting the tender of the petitioners and awarding the same to respondents 2 to 6 is questioned by the petitioners mainly on the following grounds:- (i) that the period of subject tender was intentionally scaled down to six ..... we will be referring the documents so placed on record at the appropriate stage. ..... we will be referring to those judgments at the appropriate stage. 17. ..... it is the contention of the petitioners that respondent no.1 being public body was required to act in a just, fair and transparent manner and its action should be free from vice of arbitrariness and in conformity with article 14 of the constitution. 5. ..... respondents 1, 7 and 8 have justified the act of awarding subject-contract to respondent nos. 2 to 6. ..... and others : (2005) 4 scc 435. .....
Tag this Judgment!Court : Mumbai Nagpur
..... division bench has taken note of section 248 of the zilla parishads and panchayat samities act, 1961 and found that such matters are to be regulated by rules to be framed by the state government in accordance with section 274 thereof. ..... here, we find it appropriate to refer to the judgment of hon'ble apex court reported at (1995) 5 scale 459 (j.g. ..... though the judgment considers the provisions of the maharashtra employees of private schools (conditions of services) regulation act, 1977 and 1981 rules framed therein, discussion therein is germane even for present matter. ..... in said writ petition no.4772/2004 and other connected matters, secretary of school education department had filed an affidavit on 26.09.2005 mentioning in clear terms that seniority-cum-obtaining of b.ed. ..... similarly, the state government itself has either acted inconsistently or then did not amend the rules. ..... section 248[a] of zilla parishad and panchayat samities act, obliges the state government to make rules to regulate the terms and conditions of service. ..... division bench at nagpur has looked into the dispute about seniority of primary teachers and said judgment delivered in writ petition no.4772/2004 and other connected matters on 21.10.2005 is reported at 2006 (4) ljsoft 138 = 2006 (2) mh.l.j. .....
Tag this Judgment!Court : Mumbai Nagpur
..... landlord is not entitled to recover possession of the premises as long as the tenant is ready and willing to pay the rent due and perform the conditions of the tenancy (consistent with the provisions of the act) and it provides for the institution of the suit against the tenant to recover possession on the ground of non-payment of the standard rent and permitted increases due, after the period of 90 days next after ..... where as here a suit is filed on the ground that the tenant was in arrears for a period of more than 6 months and although raising a dispute as to the standard rent or permitted increases recoverable under the act, the tenant makes no application in terms of section 11(3) he cannot claim the protection of section 12(1) by merely offering to pay or even paying all arrears due from him when the court is about to pass a decree ..... by way of explanation, in the said section, it is provided that in any case where there is dispute as to the amount of standard rent or permitted increases recoverable under this act the tenant shall be deemed to be ready and willing to pay such amount if, before the expiry of the period of one month after notice referred to in sub-section (2), he makes an application to the court under sub section (3) ..... the court can exercise the discretion to pay the appropriate amount due, to the landlord out of the amount deposited in the court by the tenant in ..... tenant carried an appeal under section 34 of the rent act being regular civil appeal no.19 of 2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... is made clear that the services of common multiskill pool workers can be ultilized in case of absence/ relieving and operation of new machineries and at appropriate work place as per the discretion of the head of the department. ..... as the matter assignment of work and transfer of workers within the establishment has been specifically included in schedule iii to the act, it cannot be artificially brought under item 1 of schedule ii by reference to the presumable consequences of such transfer or assignment of work ..... the learned industrial court vide judgment and order dated 10.10.2005 held that the transfer of 5 employees does not amount to unfair ..... court in the case of cooperative bank employees union cited supra is concerned, no doubt that the division bench has held that where an employer intends any change in respect of an industrial matter specified in schedule ii of bir act, the question of prejudice to an employee is not relevant. ..... by the learned single judge of this court dated 20.11.2008, thereby allowing writ petition no.1481 of 2006, dismissing writ petition no.446 of 2006, thereby modifying judgment passed by the learned industrial court dated 10.10.2005 in complaint (ulp) no.245 of 2004. 2. ..... learned industrial court with a grievance that by transferring the employees from the quality control department, the appellant has committed an illegal change, as notice of change under section 42(1) of the bombay industrial relations act, 1946 (for short, the bir act ) was not given. .....
Tag this Judgment!Court : Mumbai Nagpur
..... consumer means any person who is supplied with electricity for his own use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the ..... then comes the question whether the first part of regulation 10.5 can be acted upon by the petitioners and whether the petitioners are justified in asking the respondent no.2 to clear of the dues of m/s himalaya ice factory and then expect new electricity ..... that in so far as the recovery of arrears and not granting the new connection to respondent no.2 is concerned, the provisions of regulation 10.5 of the maharashtra electricity regulatory commission (electricity supply code and other conditions of supply) regulations, 2005 (for short electricity supply code regulation) are attracted. ..... a joint reading of the regulation 6.7(d) and the definition 2(15) of the electricity act would clearly go to show that to the facts of this case, the bar would be applicable so far as ..... will also be proper to quote the definition of the term consumer appearing in section 2(15) of the electricity act, 2013 as the aforesaid regulation uses the word consumer. ..... electricity supply code came into force from 20.1.2005. ..... has also taken a contention that the said electricity supply code came into effect from 20.1.2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... though scheme is different yet, the costs for processing for appointment of arbitrator under section 11 of the arbitration act in my view is not contemplated under the arbitration act and/or even under the arbitration act and/or even under the court fee act and/or any specific rules except the scheme of 1996, which had been framed prior to the judgment in ..... the respective rules of respective courts based upon the court fees act central as well as state act provide for requisite court fee and/or process fee for filing any application in the court and/or before the appropriate forum. ..... but, now if it is a judicial order and even otherwise, parties are entitled to invoke section 11 of the arbitration act, the requisite court fee and/or process fee need to be paid and/or deposited by the parties as per the respective rules ..... the parties to take appropriate steps in accordance with ..... miscellaneous civil application no.791/2012, both the parties have invoked section 11 of the act of 1996 arising out of same contract and the same arbitration clause between the parties. ..... these are applications under section 11 of the arbitration and conciliation act, 1996 (for short arbitration act), whereby applicants pray to appoint arbitrator pursuant to their agreements as the other side has failed to take steps and/or appoint arbitrator though demanded within prescribed period/ ..... it is relevant to note that prior to the judgment of the supreme court in the case of (2005) 8 supreme court cases 618) s.b.p. .....
Tag this Judgment!Court : Mumbai Nagpur
..... supreme court had also considered that a decision of an employer to terminate services of employees cannot be said to have any element of public policy and their cases would be purely covered by contract of employment and it would not be appropriate to construe those contracts as opposed to the principles of public policy and further that in contractual matters even in respect of the public bodies, the principles of judicial review have got limited application. ..... that it is rule of discretion particularly under the circumstances where enforcement of fundamental right has been sought, there has been failure of principles of natural justice and orders or proceedings are without jurisdiction or where vires of an act has been challenged, further finding that in said case enforcement of fundamental right had been sought and that there had been failure of observance of principles of natural justice. ..... while the supreme court in para 31 ((2005) 4 supreme court cases 649- zee telefilms ltd. ..... union of india reported in (2005) 4 supreme court cases 649 overlooking the majority view of three judges' which in terms segregates and separates the activities of the bodies like the applicant-original respondent holding not to be under any statutory or ..... sadasivan reported in 2005 (106) flr 1038 where under the court had considered a mandamus can be issued even against a private authority, however, the private authority must be discharging public function and the decisions sought to be corrected or .....
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