Court : Mumbai Nagpur
..... has submitted that whatever has been pointed out to be the lacunae in the impugned orders are matter of record and, therefore, he fairly submits that such appropriate order as is found to be serving the interest of justice may be passed. 7. ..... . however, the matter was suddenly taken up without giving any notice to the affected persons/applicants on 22.10.2012 for passing of appropriate orders ..... it is further held that when an authority invested with the power purports to act on its own but in substance the power is exercised by external guidance or pressure, it would amount to non-exercise of power, statutorily vested. ..... relevant observations of the hon'ble apex court appearing in para 36 of the judgment are as under: statutory functionaries like the registrar/joint registrar of co-operative societies functioning under the respective co-operative act must be above suspicion and function independently without external pressure. ..... when an authority invested with the power purports to act on its own but in substance the power is exercised by external guidance or pressure, it would amount to non-exercise of power, statutorily vested. ..... . cane commissioner of bihar and ors .....
Tag this Judgment!Court : Mumbai Nagpur
..... it seems to us sound principle to follow that once the statutory power under section 19 of the 1988 act or section 197 of the code has been exercised by the government or the competent authority, as the case may be, it is not permissible for the sanctioning authority to review or reconsider the matter on the same materials again ..... he was taken to acb office and was asked to act as a pancha for raid in the office of khadi gram udyog ..... for two months while for the offense punishable under section 13(1) (d) read with section 13(2) of the act (corresponding to s.5 (1) (d) read with section 5(2) of the old act) the accused was sentenced to suffer r.i. ..... the statutory presumption under section 20 of the act arose which was not rebutted so as to displace it even upon preponderance of ..... the statutory presumption under section 20 of the act arose which was not rebutted by the accused so as to displace it even upon preponderance of probabilities. 18 ..... making reference to the evidence of pw 3 raju who acted as shadow witness, he submitted that there was no whisper of demand of rs 500/- from the ..... appeal is directed against the judgment and order dated 13/07/2001 in special case no 27 of 1989 passed by learned special judge under the prevention of corruption act at nagpur, whereby the accused was found guilty of offense punishable under section 7 of the prevention of corruption act (corresponding to repealed s. ..... 1043 of 2005) had allowed the appeal giving benefit of doubt to the deceased accused .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is settled legal position that in order to prove the charge of corruption as punishable under the prevention of corruption act, the prosecution is required to prove that; there was demand made by the accused coupled with voluntarily payment of bribe by the complainant and acceptance of illegal gratification by the accused. ..... while pw-2 in his deposition stated that on 01/02/2005, he had been to anti corruption bureaus office at about 8:30 a.m. ..... gurnule under the provisions of motor vehicles act and the case was pending before the court of judicial magistrate first class, aheri. ..... 7 of 2005, whereby the appellant-accused was convicted of the offence punishable under sections 7 and 13(2) read with section 13(1)(d) of the prevention of corruption act and was sentenced to suffer rigorous imprisonment for one year and to pay fine of rs. ..... there was testimony regarding actual time when complainant reached a.c.bs office on 01/02/2005, because according to complainant, he reached at 10:00 a.m. ..... accordingly, sanction was accorded on 29/09/2005 and the accused was charge-sheeted upon completion of investigation and charge was framed. ..... said driver did not appear before the court and, therefore, learned judicial magistrate first class, aheri had issued non-bailable warrant against him, pursuant to which the said driver was arrested on 27/01/2005 by police station officer, bhadravati and he was produced before learned judicial magistrate first class, aheri on 28/01/2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... as far as the charge against the petitioner that he had not held the meeting of the school committee since 2004-2005, in the reply given by the petitioner to the statement of allegations, the petitioner specifically referred to the communication dated 30.5.2008 sent by him to the management pointing out that the school ..... the respondent-management has failed to establish that the school committee was duly constituted and existed since 2004-2005 and therefore, the charges levelled against the petitioner that he granted leave to the employees without getting sanction of the school committee and the petitioner had not taken prior permission or ..... has not placed any other correspondence on the record to show that the respondent management had disapproved the alleged act of the petitioner in the matter of enjoying the casual leave and earned leave without obtaining sanction of the ..... for the respondent management prays that the operation and execution of the impugned order be stayed for eight weeks to enable the respondent management to take appropriate steps in the matter. ..... having failed to establish on the record that the school committee was in existence since 2004-2005, the charge levelled against the petitioner in the record cannot be said to have been ..... it is clear that the respondent management has failed to establish that the above referred alleged act of the petitioner was seriously taken by the respondent management and for which the respondent management could have taken the .....
Tag this Judgment!Court : Mumbai Nagpur
..... submission that by complying with the directions issued under provisions of order 15a rule 1 of the code the tenant was not liable to be evicted, it is to be noted that under the provisions of section 15(3) of the said act within a period of 90 days from the date of service of summons, the tenant is required to pay in court the amount of standard rent and permitted increases along with simple interest on the amount of arrears at 15% p. ..... in the light of aforesaid submissions: 1] whether the tenant in response to the notice issued under provisions of section 15(2) of the said act is liable to pay arrears that are lawfully recoverable or whether the arrears then due would cover arrears that are otherwise time barred? ..... same would reflect on the conduct of the tenant in firstly not depositing the arrears as required under section 15(3) of the said act and secondly, such deposit at the instance of the landlord cannot have the effect of prejudicing the case of the landlord himself ..... upon by the learned counsel for the respondent it was held that the demand of time barred rent in a notice issued under section 15 of the said act was not fatal and it was incumbent on the tenant to pay even time barred arrears. ..... upon by the learned counsel for the petitioner in bhimsen gupta (supra), the expression lawfully payable as used in section 11(1)(d) of the bihar buildings (lease, rent and eviction) control act, 1983 was considered. ..... shakuntala rani (2005) 7 supreme court cases 211 in para 19 it was .....
Tag this Judgment!Court : Mumbai Nagpur
..... the recovery of the bloodstained clothes, bloodstained seat covers on the memorandum of the accused under section 27 of the indian evidence act and the chemical analyzer's report certifying the blood on the articles seized from the accused to be of blood group of the deceased, iii. ..... tiwari, the learned counsel appearing on behalf of the appellant/accused no.3 rajkumar wankhede, submits that the evidence of pw.8 mukesh thakur is silent about the memorandum of the appellant under section 27 of the indian evidence act and also silent about the place from where the clothes were produced. ..... (1965) 3 scr 86 : (air 1966 sc 40), it was held that 'an extrajudicial confession may be an expression of conflict of emotion, a conscious effort to stifle the pricked conscience; an argument to find excuse or justification for his act; or a penitent or remorseful act of exaggeration of his part in the crime. ..... the memorandum under section 27 of the indian evidence act and recovery thereupon is proved by pw.8 mukesh thakur, the panch. ..... satish reported in 2005 (3) scc 114 has observed thus :- 22. ..... it thus appears that extrajudicial confession appears to have been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. .....
Tag this Judgment!Court : Mumbai Nagpur
..... we are aware that for giving effect to our aforesaid judgment and order, the issue of financial resources would also be involved and as such we find it appropriate to give a little longer time to the state government to give effect to our aforesaid judgment and order. 7. ..... by this petition, petitioners seek issuance of writ of mandamus or any other appropriate writ (i) quashing and setting aside government resolution dated 17.5.2003 (ii) directing respondent no.1 to implement and continue the effect of government resolution dated 3rd august, 2001 and (iii) granting revise pay scale as per the ..... right to equality not only means right not to be discriminated against but also protection against any arbitrary or irrational act of the state. ..... bombay [2005 (4) mh. l.j. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the year 1997 after giving approach notice a reference was made by the appropriate government to the labour court under section 10 read with section 12 of the industrial disputes act, 1947 (for short the said act). ..... considering the various decisions of the supreme court it has been observed that relief can be appropriately moulded by exercising judicial discretion in case of delay. ..... the statement of claim it was stated that there was violation of provisions of section 25f of the said act and that two juniors had been retained in service, after services of the respondent had been dispensed with. ..... he then submitted that the finding regarding breach of provisions of section 25f and 25g of the act had been rightly arrived at and labour court found it fit to deny back wages for the period ..... by this writ petition the petitioner challenges the award dated 19.04.2005 passed by the labour court answering the reference in affirmative and declaring that the petitioner had terminated the services of the respondent ..... court after considering the evidence on record proceeded to draw adverse inference against the petitioner for non-production of the records and by holding that the provisions of section 25f and 25g of the act had not been complied with, directed reinstatement on the former post. ..... view of aforesaid adjudication, the following order is passed: [i] the award dated 19.04.2005 passed in reference (ida) no.37/1998 stands set aside. ..... bank of india and others, (ii) (2005) 12 scc 141 shahaji v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... thus, guided by second schedule read with section 163a of the act of 1988, the amount of compensation can be arrived at multiplicand by appropriate multiplier, just and reasonable compensation may be awarded and not bonanza for the claimants. ..... learned advocate for the appellant also contended that considering the age of dependent mother smt.maya stated as 48 years at the time of accident, ought to have been taken into consideration by learned tribunal so as to choose appropriate multiplier as also appropriate multiplicand after deduction of about 50% from the true income of the deceased sandeep. ..... a sum of rs.2,00,000/- was held as appropriate compensation payable to the claimants. ..... step 2 (ascertaining the multiplier) having regard to the age of the deceased and period of active career, the appropriate multiplier should be selected. ..... the principles to determine liability and quantum of compensation which were laid down by the apex court were modeled in schedule-ii of the motor vehicles act, 1988 read with section 163a of the act of 1988 to arrive at just and fair compensation. ..... charlie, (2005) 10 scc 720 were also considered as acceptable to be used for arriving at just and reasonable compensation and in addition to the amounts such as funeral expenses, loss of estate, loss of consortium as the case may be with reasonable compensatory .....
Tag this Judgment!Court : Mumbai Nagpur
..... the resolution passed by the municipal council, chikhaldara and contention of petitioners that they acted to protect ecology and environment of area is criticized by submitting that allotment in favour of navjeevan society or eklayva residential school which has been done nearabout at the same time has not been questioned till date. ..... 2 can challenge the decision before the appropriate forum. ..... such exclusion is recognized as arbitrary, discriminatory and an act of favouritism violating the soul of the equlity clause embodied in article 14 of the constitution. ..... order of commissioner, tribal development issued in march, 2005 allotting 21,534 sq.m. ..... reported at 2005(1) bom. c.r. .....
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