Court : Mumbai Aurangabad
..... held that : " a decision or order made by the collector in effecting a partition of revenue paying lands in execution of a decree passed by a civil court is subject to an appeal to the commissioner under section 203 of the bombay land revenue code and is also revisable under section 211 there of;(emphasis supplied)para 5 of the said judgment reads thus :- " any decision or order made by the collector in effecting a partition of revenue paying lands in execution of a decree passed by a ..... clause 'd' of the decree and submitted that according to the said clause d, the mandate of section 8(aa) of the bombay prevention of fragmentation and consolidation of holdings act, 1947 should have been followed by the collector. ..... 1 should have filed appeal before the competent authority under section 247 of the maharashtra land revenue code, if he was aggrieved by the action of the collector in ..... the order of the collector before the appellate authority under section 247 of the maharashtra land revenue code.10. ..... cited supra has also taken a view that partition of agricultural lands in execution of decree for partition, order passed under section 54 partitioning the properties, appeal against such order maintainable before the additional commissioner (revenue).13. ..... nanba dhanaji and others, reported in air (33) 1946 nagpur, 353 the learned senior counsel submitted that ..... proper to set aside and quash, otherwise, the petitioners will suffer irreparable loss which cannot be compensated in terms of money. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, 1946 in section 85 is also identically worded as the present section 44 of the act. ..... , employees' all india union and others 1993 1 clr 230, that section 44 of the act must be read as conferring the power of judicial superintendence over orders of the labour court ..... [(2009) 15 scc 327], has held in paragraph no.14, as under: "it would be, thus, seen that by catena of decisions in recent time, this court has clearly laid down that an order of retrenchment passed in violation of section 25f although may be set aside but an award of reinstatement should not, however, be automatically passed. ..... of decisions has clearly laid down that although an order of retrenchment passed in violation of section 25f of the industrial disputes act may be set aside but an award of reinstatement should not be passed. ..... seen that by a catena of decisions in recent time, this court has clearly laid down that an order of retrenchment passed in violation of section 25f although may be set aside but an award of reinstatement should not, however, be automatically passed. ..... noticing the striking similarity between the language used in section 44 of the act and the language used in article 227 of the constitution of india conferring the power of judicial superintendence on the high court, the view has been taken by this court ..... above factors with due circumspection and in the light of the judgments of the apex court considered by this court in the matter of state of maharashtra vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in regular criminal case no.23/2014 pending on the file of the judicial magistrate first class, nandurbar for the offences punishable under sections 32b and 33 of the bombay money lenders act, 1946 (hereinafter referred to as the 1946 act for short) and sections 420 read with section 511 of indian penal code. 2. ..... it is true that though the first information report was lodged alleging the offences only under the bombay money lenders act, 1946, while registering the offence against the petitioner, an offence under section 420 r/w 511 of the indian penal code was also registered against him. ..... further submitted that the argument advanced on behalf of the petitioner that since the bombay money lenders act, 1946 is a special statute and is a self contained code, on the same set of facts and on the same set of evidence, the petitioner cannot be prosecuted for the offence punishable under section 420 of the indian penal code is misconceived. ..... section 420 of the ipc, with the sole intention to obtain police custody of the petitioner which could not have been possible had he only registered the offence under section 32(b)(b) and 32(b)(c) and 33 of the bombay money lenders act, 1946. ..... manoj madhukar choudhari lodged report on 05.01.2013 at nandurbar city police station for the offences punishable under sections 32b(b) and 32b(c) and 33 of the bombay money lenders act, 1946. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34 ..... . by the notification dated 02.11.1973, the government of maharashtra exercised its powers under section 2(4) of the bombay industrial relations act, 1946 and made the said act applicable to the nanded district from 15.11.1973 thereby covering the business of banking ..... (n) the bombay industrial relations act, 1946 (presently known as 'the maharashtra industrial relations act') was made applicable to the petitioner-bank with effect from 15.11.1973 vide ..... court did not consider the definition of employee under section 3(13) of the bombay industrial relations act, 1946, the definition of employee under the bombay industrial relations act and the definition of workman under the industrial disputes act are almost identical. 26 ..... of duties of these respondents and three out of four were posted in the category no.7 and one was posted in category no.8, by virtue of which they would fall within the definition of an employee under 3(13) of the bombay industrial relations act, 1946 and workman under section 2(s) of the industrial disputes act, 1947 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... cannot be used as a substantive piece of evidence, he pressed into service the exposition of the privy council in the case of brij bhushan singh v/s emperor (air (33) 1946 privy council 38)and the judgment of the supreme court in the case of brij nath sah v/s state of bihar (2010 air scw 3900). 4. ..... however, during cross-examination, he admitted that, he is unable to say whether avantikabai is the accused before him in the crime under section 65-e of the bombay police act. 15. ..... in this light her statement under section 164 cannot be used against the ..... judicial magistrate, first class, phulambri committed the case to the court of sessions and after framing charge and after full-fledged trial, the appellant was convicted for the offence punishable under section 302 and section 201 of the i.p. ..... i-20/2013 for the offence punishable under sections 302, 201, 506 r/w 34 of ..... that does not establish that what he stated out of court under section 164 is true. 17. ..... a substantive evidence cannot be accepted or countenanced in view of the judgment of the privy council in the case of brij bhushan singh (supra), in which it has been observed that, a statement made under section 164, criminal p.c. ..... attempt of the prosecution to use the statement of pw-6 recorded under section 164 of the cr.p.c. ..... trial court, in our opinion, has not properly appreciated the evidence on record, and in particular, the legal position in respect of evidentiary value of statement recorded under section 164 of cr.p.c. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... annexed to the petition at exhibit "l" be declared ultra virus of the constitution of india and it be accordingly struck down; (f) pending hearing and final disposal of this petition, the execution, implementation, operation of the act no.1 of 2012 namely maharashtra agricultural lands (ceiling on holdings) act, 2011, as published in government gazette dated 2nd of february 2012 annexed to the present petition at exhibit "l" be stayed; (g) ad interim relief in terms of prayer clause (f) may kindly be granted; (h) any other ..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions ..... of original lessors could not have applied for return of land, was found misconceived in the light of definition of "family" contained in section 2(22) of the maharashtra agricultural lands (ceiling on holdings) act, 1961 [for short "1961 act"]. ..... in maharashtra government gazette on 17-4-2006 (exhibit "a") is unenforceable and cannot be acted upon since it is not a law nor it is having force of law and the same is liable to be quashed and set aside; (e) pending hearing and final disposal of this petition, the respondents be restrained by way of injunction not to proceed further with the applications if received for grant of land under section 281-aa from the ex-lessors, in pursuance of the maharashtra act no. ..... section 28 has been amended lastly by maharashtra amendment act .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of a person duly qualified to fill such vacancy : provided that unless such vacancy is to be filled in by promotion, the management shall, before proceeding to fill such vacancy ascertain from the educational inspector, greater bombay, the education officer, zilla parishad or, as the case may be, the director or the officer designated by the director in respect of schools imparting technical, vocational, art or special education, whether there is any suitable ..... he, however, clarifies that if after an employer presumes abandonment and the employee questions the abandonment, section 9 of the said act would be attracted so as to enable the tribunal to lift the veil and find out whether the employee had tendered any application prior to proceeding on ..... a vital issue emerges in this petition:- "whether under rule 16(2) of the maharashtra employees of private schools (conditions of service) rules, 1981 ( meps rules for short), issuance of a notice to the temporary / probationer employee before arriving at a conclusion that he/she has voluntarily ..... of probation, the petitioner / management shall take a decision considering the overall performance of the appellant /employee of 2 years as a probationer in accordance with the requirements of the 1977 act and 1981 rules and pass, necessarily, a reasoned order with regard to whether the appellant employee deserves to be confirmed in service. ..... industrial employment (standing orders) central rules, 1946, schedule i, provides for leave to the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicability of standing order no.4(c) of the model standing orders framed under the industrial employment (standing orders) act, 1946 would have limited applicability in the case of the petitioner since there were no permanent vacant posts available ..... (g) the complaints were filed before the industrial court invoking the provisions of the mrtu and pulp act, 1971 since the respondents were kept temporary on daily-wages and the petitioner was not resorting to any steps for submitting their proposals to the state government for creation of posts and ..... meet the contention that some of the workmen had been employed under the maharashtra employment guarantee act, 1977. ..... this regard is that the relief of making the workmen permanent, that is, to regularise them was not justified in as much as some of them had been employed under the maharashtra employment guarantee act, 1977. ..... relied upon the judgment of the division bench of this court in the case of state of maharashtra v/s pandurang sitaram jahdav (supra). ..... (2) state of maharashtra v/s pandurang sitaram jadhav reported ..... declared that the respondent has committed unfair labour practice under item (6) and (9) of schedule iv of the mrtu and pulp act, 1971 and directed to desist from continuing the same. 3. ..... declared that the respondent has committed unfair labour practice under item (6) and (9) of schedule iv of the mrtu and pulp act, 1971 and directed to desist from continuing the same. 3. ..... from the perusal of section 13 of this act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... bombay industrial relations act, 1946 section 3 - ..... the date of the completion of the proceedings before the conciliator; (ii) where the registered union or the employer, as the case may be, has offered in writing before the conciliator to submit the dispute to arbitration under this act and the employer or the union, as the case may be, has not agreed to do so; (iii) unless the dispute is first submitted to the conciliator and the conciliation proceedings are completed or the conciliator certifies that ..... secondly, that where the labour officer is the representative of the employees, he shall not enter into any agreement under section 44 or settlement under section 58 unless the terms of such agreement or settlement, as the case may be, are accepted by them in the prescribed manner; thirdly, where in any proceeding the persons entitled to appear or act under clause (v) are more than five, the prescribed number elected from amongst them in the prescribed manner shall be entitled ..... has strenuously contended that an award delivered by the industrial tribunal can be set aside if the same is challenged in a complaint under the the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ( the said act ). ..... (ao) in their applications under section 33c(2) filed before the labour court seeking recovery of money from the factory, the fact of the settlements has been disclosed and in fact it is stated that the claim under section 33c(2) is based on the .....
Tag this Judgment!