Judgment Search Results Home > Cases Phrase: bombay municipal servants act 1890 maharashtra section 3 conditions as to resignation withdrawal and absence for specified duties Page 1 of about 9 results (0.085 seconds)

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

..... 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 to prescribe, and subject to a right of appeal to the standing committee, be fined, reduced or suspended for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct by the municipal ..... 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 the standing committee.10. ..... it 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 been amended. .....

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. ..... then pleading on the anvil of section 246 and section 92(2)(c) have been replied, contending inter-alia, that the 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 ..... then, we come to section 92, which provides for the power to acquire and hold property, both movable and immovable, and according to sub-section (2), the property of the nature specified in that sub-section, and not being specially reserved by the state government, shall vest and belong to the board, and shall, together with all other property of whatsoever nature or kind, not being specially reserved by the state government, which may become vested in the board, be under its direction management and control. ..... learned counsel for the respondent relied upon a judgment of the hon'ble the supreme court, in state of maharashtra v. .....

Khadi and Village Industries Commission, Bombay Vs. N.S. Pai

Court : Karnataka

Reported in : AIR1976Kant85; ILR1976KAR310

..... of certain proceedings taken under the bombay municipal corporation act of 1888, in exercise of powers under sections 105-a and 105-b of chapter v-a which was introduced by an amending act (maharashtra act 14 of 1961) and under bombay government premises (eviction) act, 1955. ..... turning to the present case, we are of the opinion that section 19-b, consistently with the objects and purposes of the act and with a view to protecting the financial interests of the commission provides for a speedier and cheaper procedure enabling enforcement even off rights arising under the general law respecting sums payable to the commission, in the ..... sections 5 and 6 deal with and provide for appointments of secretary and financial adviser respectively, section 7 provides for resignation of office by any member of the commission and the procedure for ..... submission was a much more limited one and that is that as there are two procedures available to the corporation and the state government, one by way of a suit under the ordinary law and the other under either of the two acts, which is harsher and more onerous than the procedure under the ordinary law, the latter is hit by article 14 of the constitution in the absence of any guidelines as to which procedure ..... section 13 deals with the term of office and conditions of service of the chairman, the vice-chairman, the secretary and other members of and of ..... section 14 deals with the delegation of powers to the secretary and appointment of officers and servants .....

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

Court : Mumbai

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

..... section (3) of section 64 of the act, the entire executive powers for the purpose of carrying out the provisions of the act vests in the commissioner subject to the express conditions mentioned in the act and clause (b) of sub-section (3) empowers the commissioner inter alia to exercise supervision and control over the acts and proceedings of all municipal officers and servant's subject to the regulations made under section ..... enlisted herewith, though you were duty bound to take theactions as per the provisions of bombay municipal corporation act, 1888 and other relevant enactments and after following due process of law,you acted in contravention of the rules & regulations, and orders andinstructions of your superiors and thereby you undertook those demolition actions which resulted in litigations and honourable courts werecompelled to pass orders and strictures against you and the corporation. ..... section provides that :'no permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under sections 60-a, 73-a, 74, 76-a, 76-b, 77, 78-a, 78-b or 78-c or his office and emoluments are included in the schedule at the time in force prepared and sanctioned under the last preceding section :'the provisions of this section also indicate that the word 'officer' is used here as a holder of office and such holders of offices are regarded as similar to those appointed under the specified sections referred to in this section .....

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

..... encroach, by erecting 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. ..... 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 ..... condition precedent to their removal, alternate pitches at malavani or at such other convenient place as the government considers reasonable but not farther away in terms of distance; slum dwellers who were given identity cards and whose dwellings were numbered in the 1976 census must be given alternate sites for their re-settlement; slums which have been in existence for a long time, say for twenty years or more, and which have been improved and ..... section 61 of the bombay municipal corporation act lays down the obligatory duties of the corporation, under clause (d) of which, it is its duty to take measures for ..... the reliefs asked for in the two groups of writ petitions are that the respondents should be directed to withdraw the decision to demolish the pavement dwellings and the slum hutments and, where they are already ..... labourers, construction workers, domestic servants and luggage carriers. .....

Ambadas Rambhau Gujar and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : (1965)IILLJ409Bom

..... 5(1) of the bombay shops and establishments act, 1948 (hereinafter referred to as the act), and for an injunction restraining respondent 2 who is the inspector of shops and establishments, bombay municipal corporation, from proceeding with certain criminal proceedings ..... it is a condition precedent to the applicability of the act that a person or persons to whom the act is sought to be made applicable must satisfy the basic definition of an 'employee' under the act; that there must exist the relationship of a master and servant or an employer and employee between the owner of the establishment and that person; that such a requirement and necessity of employment is basic and fundamental; that the entire scheme of the act postulates the existence ..... only made the state of maharashtra and the inspector of shops and establishments, bombay municipal corporation, who filed the complaint ..... (2) on such declaration under sub-section (1), any such establishment or class of establishment or such persons or class of persons shall be deemed to be an establishment or class of establishment to which or to be an employee or class of employees to whom, this act applies and all or any of the provisions of this act with such adaptation or modification as may be specified in such declaration, shall apply to such establishment or ..... this being a pure question of fact, in the absence of evidence it is not possible to decide on the facts alleged whether the control or supervision can be or was in fact .....

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

Court : Supreme Court of India

..... for immoral or illegal purposes or that the tenant has in respect of the premises been convicted of an offence of contravention 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 ..... carpet area of premises in the new building or on the new floor or floors is more than the carpet area specified in sub-clause (i) the landlord shall, without prejudice to the liability of the landlord under sub-clause (i), obtain the consent 'in ..... officer that any building or other structure or anything affixed to such building or structure is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by ..... 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 ..... duty upon the respondent-landlords to fully and candidly make disclosure about the premises in their occupation, both for the purposes of residence as well as commerce and .....

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Reported in : (1987)0CALLT179(HC)

..... within the meaning of section 2(f) of the said act and section 39(2)(a) confer powers on the council of the same to provide for regulations relating to the terms of office, its powers, duties and functions of the employees of the petitioner's class and those regulations are to be governed by or in terms of regulation 85(a) of the said regulations and thus the terms and conditions as offered by the executive committee to the writ petitioner, acquired the status of the regulations of a statute and no employee could be discharged in the absence of the provisions ..... instant case, in the matter of acceptance or non acceptance of the resignation was with the said institute or their executive committee and not the council and to establish such submissions, reference was made by him to the case of bombay municipal corporation ..... fellow thereof) immediately before the commencement of the act, except any such person who is not a permanent resident of india and is not at such commencement practising as a cost accountant in india and sub-section (iii) speaks of any person who, at the commencement of the act, is engaged in the practice of cost accountancy in india and who fulfills such conditions as the central government or the council may specify in this behalf and sub-section (iv) contemplates of any person who ..... the obiter of the supreme court that it may be conceded that it is open to a servant to make his resignation operative from a future date and to withdraw such resignation before its .....

Abhilash Textile and ors. Etc. Vs. the Rajkot Municipal Corporation

Court : Gujarat

Reported in : AIR1988Guj57; (1987)2GLR1325

..... that the use of any premises for any of the purposes specified in sub-section (1) of section 376 is dangerous to life, health or property or is causing a nuisance either from its nature or by reason of the manner in which or the conditions under which the use is made and such danger or nuisance should be immediately stopped, the commissioner may, notwithstanding anything contained in section 376, require the owner or occupier of the premises to stop such danger or nuisance within such time specified in such requisition as the commissioner ..... himmatbhai narbheram rao, air 1970 sc 1157 the question with regard to right to ' business in carcass arose, and certain carry on provisions of the bombay municipal corporation act 3 of 1888 (as amended by act 14 of 196 1) came up f or c onside ration. ..... even in absence of the provisions with regard to fundamental duty and enshrined in art. ..... similarly sub-section (3) also creates a deeming fiction to the effect that the person concerned shall be deemed to carry on or allow to be carried on a trade or operation within the meeting of clause (d) of sub-section ( 1) if fie does any act in furtherance to such trade or is in any way engaged or concerned therein in any capacity either as principal, agent, clerk, master, servant, workman, handicraftsman or otherwise. ..... in the case of state of maharashtra v. .....

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

Court : Mumbai

Reported in : 1988(1)BomCR188; 1987MhLJ955

..... 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 for ..... policy and particularly clauses (e) and (f) of article 39 and articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and ..... act ; 'corporation' means the maharashtra state textile corporation, a government company registered under the companies act, 1956 ; 'new government company' means a government company (including a subsidiary government company) formed and registered under the companies act, 1956, in which the undertaking is directed to vest under sub-section (1) of section 6 ; 'proprietors' means the central india spinning, weaving and manufacturing company limited; 'specified date' in relation to a provision of the act ..... they cannot co-exist even though no express provision in that behalf is found in the general law, and (iv) it is only in the absence of a provision to the contrary and of a clear inconsistency that a special law will remain wholly unaffected by a latter general law. ..... servant upon his conviction during pendency of appeal and .....