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State Through Anti-corruption Bureau, Government of Maharashtra, Bomba ...

Court : Supreme Court of India

Reported in : 1996IVAD(SC)87; AIR1996SC1910; 1996(1)ALD(Cri)874; 1996(2)ALD(Cri)43; 1996(2)ALT(Cri)131; (1996)98BOMLR842; 1996CriLJ2510; 1996(2)Crimes228(SC); JT1996(4)SC495; 1996(4)SCAL

..... it would, therefore, be reasonable and consistent with the object underlying the act as well as the bombay municipal act to hold that the previous sanction for prosecution contemplated by section 6(1)(c) of the act could have been accorded and was validly accorded by the commissioner acting by himself and that the said previous sanction is not invalid or ineffective in law on the ground that it was not preceded by the previous approval of ..... section 83 of the bombay municipal corporation act prescribes the authorities competent to impose various ..... the commissioner, or may, with the previous approval of the standing committee or in the case of an officer appointed for the purposes of clause (q) of section 61 of the education committee, be dismissed by the commissioner;(d) any officer or servant immediately subordinate to the municipal chief auditor and drawing a salary not exceeding rupees two hundred and fifty per month exclusive of allowances may, subject to such conditions and limitations, if any, as the standing committee may deem fit ..... take cognizance of an offence punishable under section 161 of the indian penal code or under sub-section (2) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction-(c) in the case of any other person of the authority competent to remove him from his office.4 ..... is brought to our notice that by two amendment acts, maharashtra act 33 or 1989 act 12 of 1990, the proviso in section 83 has .....

Gopalak Goshi Samaj Sewa Samity Vs. Nagar Parishad and anr.

Court : Rajasthan

Reported in : RLW2009(4)Raj3112; 2009(3)WLN297

..... thus, in our view, the provisions of bombay municipal corporation act, and rajasthan municipalities act, in the matter of providing for vesting of title in the carcass in the municipality, are materially different.16. ..... two provisions are supplementary to each other, and the combined reading of the two provisions would show, that the live animal is the property of the owner, and the dead one is property of concerning board or municipality, and therefore, section 246 does not help the petitioner, and accordingly, such carcasses are collected by the municipal servants, at the request of the owners of the live animal, after its death. ..... a look at the above provision of section 366 would show, that it purport to vest the property in the municipality, which might not only have been collected by the municipal servants, or contractors, in pursuance of the other provisions, rather it expressly provided for carcass of dead animals, deposited in any public receptacle, depot or place under section 367, to vest in the municipality. ..... that apart, section 366 thereof very specifically provided as under:section 366-all matters collected by municipal servants or contractors in pursuance of the last proceeding section and of section 369 and carcasses of dead animals deposited in any public receptacle, depot or place under section 367 shall be the property of the corporation.15. ..... learned counsel for the respondent relied upon a judgment of the hon'ble the supreme court, in state of maharashtra v. .....

Olga Tellis and ors. Vs. Bombay Municipal Corporation and ors.

Court : Supreme Court of India

Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51

..... 312, after the same comes into force in the city or in the suburbs, after the date of the coming into force of the bombay municipal (extension of limits) act, 1950 or in the extended suburbs after the date of the coming into force of the bombay municipal further extension of limits and schedule bba (amendment) act, 1956; (b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected ..... a structure or otherwise, on footpaths, pavements or any other place reserved or ear-marked for a public purpose like, for example, a garden or a playground; that the provision contained in section 314 of the bombay municipal corporation act is not unreasonable in the circumstances of the case; and that, the kamraj nagar basti is situated on an accessory road leading to the western express highway. ..... given our anxious and solicitous consideration to this question, we are of the opinion that the procedure prescribed by section 314 of the bombay municipal corporation act for removal of encroachments on the footpaths or pavements over which the public has the right of passage or access, cannot be regarded ..... government for the purpose of carrying out a census of the hutments standing on lands belonging to the government of the maharashtra, the bombay municipal corporation and the bombay housing board. ..... wage-employed category as casual labourers, construction workers, domestic servants and luggage carriers. ..... alike in search of domestic servants. .....

Baitulla Ismail Shaikh And Anr Vs. Khatija Ismail Panhalkar And Ors.

Court : Supreme Court of India

..... of any of the provisions of clause (a) of sub-section (1) of section 394 or of section 394a of the mumbai municipal corporation act, or of sub-section (1) or of section 376 or of section 376a of the bombay provincial municipal corporations act, 1949, or of section 229 of the city of nagpur municipal corporation act, 1948; or of section 280 or of section 281 of the 9 maharashtra municipal councils, nagar panchayats and industrial townships act, 1965; or (d) that the tenant has given notice to quit and in consequence of that notice,the landlord has contracted ..... -for the purposes of this clause, if the premises let include the terrace or part thereof, or garages, servants quarters or out-houses (which are not on the terrace), or all or any one or more of them, this clause shall nevertheless apply; or (k) that the premises are required for the immediate purpose of demolition ordered by any municipal authority or other competent authority; or (l) that where the premises are land in the nature of garden or grounds ..... include the carrying out of any work with the permission, wherever necessary, of the municipal authority, for providing a wooden partition, standing cooking platform in kitchen, door, lattice work or opening of a window necessary for ventilation, a false ceiling, installation of air-conditioner, an exhaust outlet or a smoke chimney; or (c) that the tenant, his agent, servant, persons inducted by tenant or claiming under the tenant or, any person residing with the .....

Rashtriya Mill Mazdoor Sangh Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1988(1)BomCR188; 1987MhLJ955

..... the supreme court was considering validity of (i) section 314 of the bombay municipal corporation act, which permitted removal of encroachment without notice, and (ii) action of the corporation to remove certain encroachments ..... validity of section 314 of the bombay municipal corporation act was upheld even on the touch-stone of article 21, but not of the action of eviction without notice of certain pavement and slum dwellers who were occupying the areas under compulsion and ..... of the state legislature were not in session and it was necessary to take immediate action to enact a law to achieve the objects stated above, the governor of maharashtra promulgated the central india spinning, weaving and manufacturing company limited, the empress mills nagpur (acquisition and transfer of undertaking) ordinance 1986 on the 3rd october, 1986. ..... ending on the day on which such person becomes an employee of the corporation or, as the case may be, on which his services stand terminated irrespective of whether such closure was in accordance with the provisions of the industrial disputes act, 1947 or not;(b) the termination of services of a person under sub-section (ii) of clause (a) of sub-section (3) on his becoming an employee of the corporation under sub-section (1) shall not entitle such person to payment of ..... 1/- per month to a suspended government servant upon his conviction during pendency of appeal and prohibition against any other engagement was struck down being ultra vires .....

Govind Ragho Khairnar Vs. Municipal Corporation of Greater Mumbai and ...

Court : Mumbai

Reported in : 1998(1)ALLMR194; 1998(1)BomCR179

..... (c) provides that competent authorities are those mentioned in section 83 of the act who are competent to impose upon a municipal servant any of the punishment prescribed under rule 41 of the bombay municipal servants conduct and disciplinary rules. 9. ..... . despite petitioner's explanation to the commissioner that his speech was not truly reported, but since the enquiry officer has found it probable that reports appearing in 'maharashtra times' and 'loksatta' reflect correctly the speech made by the petitioner, i proceed with the assumption that such statement was in fact made by the petitioner and making of such statement is proved by the two ..... that while making a speech on 22-5-1994 you criticised the chief minister of maharashtra on the public platform, conveniently ignoring the fact that you, being a public servant, are not supposed to or cannot make such public statements against one political party on the eve of the by-elections to parliament in baramati and ahmadnagar ..... . the evidence of these two witnesses is that the news reports appearing in maharashtra times and loksatta reflected the true speech made by the petitioner in felicitation ceremony of shri ..... the enquiry officer, on consideration of preponderance of probability formed the opinion that the news reports in 'maharashtra times' and 'loksatta' appear to be probable ..... shri narendra pathak and shri sandip pradhan and, therefore, the corporation only proved the reports which appeared in maharashtra times and loksatta on 1-02-1994 .....

Shantaram Balya Sankhe and ors. Vs. Kaliram Gajanan Sankhe and ors.

Court : Mumbai

Reported in : 2001ALLMR(Cri)640; (2001)1BOMLR640

..... maharashtra, also the supreme court has held that the municipal councillor is not a public servant within the meaning of clause twelfth of section 21 of the indian penal code and hence cannot be prosecuted under section 5 of the prevention of corruption act ..... who by its judgment held that by virtue of the provision of section 23(7) of the bombay district municipal act, 1901, the state government was not the only authority, which could remove a president or vice president of a district municipality and that, therefore, no sanction under section 197 of the criminal procedure code was necessary, before the learned magistrate could take cognizance of the ..... the present case at hand also by virtue of section 184 of the bombay village panchayats act, 1958, every member of the panchayat .......is deemed to be a public servant within the meaning of section 21 of the indian penal code, but that does not by itself make those persons 'public servants' under the indian penal code so as to be prosecuted of having committed ..... herein, on the other hand, submitted that though section 184 of the bombay village panchayats act, 1958 states that every member of a panchayat and officer and servant maintained by or employed under a panchayat shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, for prosecuting them for any offence alleged to be committed by them while acting or purporting to act in the discharge of their official duty, no previous sanction of the .....

Dnyaneshwar Sopanrao Bhandare Vs. State of Maharashtra Through the Sec ...

Court : Mumbai

Reported in : 2010(1)BomCR152

..... to government servants were to be construed as references to nagpur corporation servants, all references to competent authorities in bombay civil services rules were to be construed as references to competent authorities under city of nagpur corporation act, 1948, and all references to head of departments were to be construed as references to municipal commissioner. ..... learned counsel states that the provisions of maharashtra civil services rules are adopted by the municipal corporation by passing resolution and those provisions need to be read subject to express provisions of nagpur corporation act. ..... rule 7 of maharashtra civil service (discipline and appeal) rules, states that general body of nagpur corporation or authority empowered by it may institute disciplinary proceeding against any corporation servant or then it may direct disciplinary authority to institute ..... of corporation before us is not to show that the particular requirement of maharashtra civil service (discipline and appeal) rules, is not applicable or relevant here ..... also classified penalties prescribed in section 53(2) of corporation act to bring it in conformity with rule 5 of maharashtra civil service (discipline and appeal) rules. ..... however, bombay civil service rules have now been replaced by maharashtra civil service (discipline and appeal) rules, ..... the resolution further proceeds to amend rule 6 of 1979 maharashtra civil service (discipline and appeal) rules, by stating that the word governor therein should be .....

The Municipal Corporation of Brihanmumbai a Statutory Corporation Cons ...

Court : Mumbai

Reported in : 2006(3)ALLMR338; 2006(3)BomCR557

..... abdeali shaikh tayabali zaidy, the learned single judge of this court on consideration of the provisions of the maharashtra housing and area development act and the bombay municipal corporation act held that levy of enhanced repair cess cannot operate retrospectively to cover past official year ..... court be pleased to issue a writ of prohibition or a writ in the nature of prohibition, or any other writ, order or direction under article 226 of the constitution of india against the respondents restraining them, their servants, officers and agents from imposing the re-assessed rateable value on the petitioner or from taking any steps to recover amount from the petitioner on the basis of the said revision made by the impugned orders dated ..... where part of the property (some units) is exempted from the applicability of rent control act (because of class of such tenants), shall, in our opinion, be covered by the ratio in the case of government servant cooperative house building society and the second category of the cases highlighted in india automobiles.70 ..... that the municipal corporation is entitled to revise the rateable value of the properties which have been freed from rent control, is approved by the supreme court in the case of government servant co- ..... arrived at by the learned single judge in paragraphs 11 and 12 of the impugned order are inconsistent with the law laid down by the apex court in india automobiles and in the case of government servant cooperative house building society ltd .....

The State of Maharashtra Vs. Moreshwar Govinda Chinchalkar

Court : Mumbai

Reported in : (1971)73BOMLR823; 1971MhLJ852

..... report, notices were also issued to the accused persons to show cause against the complaint and when they appeared, they raised a preliminary objection through their counsel that being public servants under the maharashtra municipalities act, they could not be prosecuted without sanction of the state government as required by section 197(1) of the criminal procedure code. ..... the learned sessions judge also admits this position because under section 302 of the maharashtra municipalities act, every councillor and every officer or a servant of a council is to be deemed as a public servant within the meaning of section 21 of the indian penal code, but the question was whether, in spite of their status as such, they could claim protection under section .197 of the criminal ..... was interpreting the provisions of section 23(7) of bombay district municipal act, and found that president and vice-president of a municipality, established under that enactment, were removable by two different authorities, one of which was the municipality itself by a vote of no confidence, and the second was the state government for misconduct, neglect or incapacity ..... also, the position of president and vice-president was discussed with reference to the provisions of mysore town municipalities act, 1951, and therefore, bombay decision was readily accepted by the single judge who decided that case. ..... by the learned sessions judge but on the second point, he relied upon the bombay decision in vishvamohan v. ..... the bombay .....