Judgment Search Results Home > Cases Phrase: bombay municipal servants act 1890 maharashtra section 4 power to dispense with two months notice or with services after tender of resignation Page 1 of about 5 results (0.121 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

..... , unfitness, neglect of duty or other misconduct be fined, reduced or suspended by 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 ..... 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. ..... jagtiani, was an assistant engineer in the service of the municipal corporation, greater bombay. ..... raised by him was that since a judge of the high court can be removed only 'by an order of the president of india passed after an address by each house supported by a majority of the total membership of that house and by a majority of not less than two-third of the members of that house present and voting has been presented to the president in the same session for such removal' (article 218 read with clause (4) of article 124 of the constitution of india). ..... the previous approval of the standing committee is only a pre-condition to the exercise of power of dismissal by the commissioner. .....

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

Court : Rajasthan

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

..... 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, after ..... , according to sub-section (4), the municipality is authorised to charge fees for removal of carcass from the person giving notice of the death to the council such fees as it may prescribe, and may recover the same, if not paid in advance, and by sub-section (5) failure to act in accordance with sub-section (2) or sub-section (3) entails penalty of ..... 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 ..... 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, ..... 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

..... 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 ..... (2) if any question arises whether a sum is payable to the commission within the meaning of sub-section (1), it shall be referred to a tribunal constituted by the central government for the purpose which shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the ..... sections 5 and 6 deal with and provide for appointments of secretary and financial adviser respectively, section 7 provides for resignation ..... the 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 ..... having the sum recovered as an arrear of land revenue;(b) where it is in respect of denial of liability referred to in a notice under sub rule (4) of rule 25-a, be forwarded to the authority by whom such notice was issued for disposal of the proceedings concerned in accordance ..... section 14 deals with the delegation of powers to the secretary and appointment of officers and servants ..... section 13 deals with the term of office and conditions of service .....

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

Court : Mumbai

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

..... power under sub-section (1) of section 83 of the act effectively has itself approved the municipal servants conduct and disciplinary rules framed by the commissioner in exercise of his powers under sub-section (3) of sections 64 and 83 of the act- in a way therefore, the corporation by getting an enquiry done in accordance with the provisions of the manual of departmental enquiries prepared by the municipal commissioner exercises its disciplinary power under sub-section (1) of section 83 in respect of the municipal officers and servants ..... of demolitions in respectof the cases 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 ..... after service of notice under section 351 of the ..... 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 reporters produced by the corporation ..... month of may 1994, also distributed xerox copies of the memorandum issued to you by the municipal commissioner in official capacity and thereby committed a breach of rule 29 of the municipal servant .....

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

..... notice, cause to be removed-(a) any wall, fence, rail, post, step, booth or other structure or fixture which shall be erected or set up in or any street, or upon or over any open channel, drain, well or tank contrary to the provisions of sub-section (1) of section 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 ..... slum census conducted by the government of maharashtra in 1976 shows that 79% of the slum-dwellers belonged to the low income group with a monthly income below rs. ..... it enables the commissioner, in appropriate cases, to dispense with previous notice to persons who are likely to be affected by the proposed ..... any action taken by a public authority which is invested with statutory powers has, therefore, to be tested by the application of two standards : the action must be within the scope of the authority conferred by law and secondly, it must be ..... short, the objective of the state government was to place greater emphasis on providing infrastructural facilities to small and medium towns and to equip them so that they could act as growth and service centers for the rural hinterland. ..... 38 per cent are in the wage-employed category as casual labourers, construction workers, domestic servants and luggage carriers. ..... and the not-so-affluent are alike in search of domestic servants. .....

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

Court : Mumbai

Reported in : (1965)IILLJ409Bom

..... 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 ..... under secretary to the government of maharashtra, industries and labour department, filed on behalf of respondent 1 shows that the government does not accept the position that there is no relationship of master and servant between the owners of the establishment and the stitches and it is denied that there is no contract of service between the statuaries and the ..... the establishment and go when he likes or who can remain absent without any previous permission of the owner of the establishment the section can only apply employees who work for the full period of the establishment during normal hours and for the prescribed number of days. ..... ordinarily an employee who has been employed for not less than three months in any year shall for every 60 days on which he has worked during the year ..... term of the agreement that if they came after midday they were not supplied with tobacco and were thus not allowed to work ..... 13 of the india trade unions act, every registered trade union has been made body corporate by the same under which it is registered and shall have perpetual succession and common seal with power to acquire and hold both movable and ..... and a fresh notice was issued to ..... has been to keep one or two persons who are full time cutters .....

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

Court : Supreme Court of India

..... 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 to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession of the premises; or (e) that the tenant has,- (i) on or after ..... of service of the summons of the suit, the tenant pays or tenders in court the standard rent and permitted increases then due together with simple interest on the amount of arrears at fifteen per cent per annum; and thereafter continues to pay or tenders in ..... (iv) that the work of demolishing the premises shall be commenced by the landlord not later than one month, and shall be completed not later than three months, from the date he recovers possession of the entire premises; and (v) that the work of erection ..... 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 ..... , upon a bona fide exercise of the power by the local authority, the court may ..... two .....

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

Court : Kolkata

Reported in : (1987)0CALLT179(HC)

..... servant/or functionary who cannot under the conditions of the service/or office, by his own unilateral act of tendering resignation, give up his service/or office, normally, the tender of resignation becomes effective and his service ..... with the said institute after clear three months notice and as such, he caused a letter of resignation from his post of director of research of the said institute served with immediate effect by his letter dated 4th may 1981 and it was his cost that on receipt of that letter, the secretary of the said institute requested him to have his letter of resignation ..... section 68(1) and 105b(1)(a) and (ii) of the bombay municipal corporation act, 1888 and if the question of exercise of delegated function was judicial one has observed that the words of section ..... not having been challenged in the petition or anywhere, but the resolution of the council of the said institute as contained in two letters, dated 17th october, 1981 and 19th october, 1981 having only been challenged, the court should not have entertained the writ ..... but the amendment of section 65 by maharashtra act 14 of 1961 be inclusion of delegation of the functions of the commissioner under sections 105b to 195e does; indicate the intention that the judicial or quasi judicial powers contained in chapter via were expressly intended to be delegated, apart from holding that the provision in section 68 that the exercise of the function by the delegate is to be under the ' ..... dispense with the services .....

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

Court : Gujarat

Reported in : AIR1988Guj57; (1987)2GLR1325

..... 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 ..... opinion of the commissioner, dangerous or likely to create a nuisance within the meaning of paragraph (ii) of clause (d) of section (1), after written notice to that effect, signed by the commissioner, has been served on such person or affixed to the premises to which it ..... 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 considers reasonable and in the event of the ..... compels removal to the appointed place and disposal of the, carcass under the supervision of the corporation to which is entrusted the power and duty to take steps to maintain the public health cannot also be regarded as arbitrary or excessive merely because the enforcement of ..... 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 ..... maharashtra .....

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, which permitted removal of encroachment without notice, and (ii) action of the corporation to remove certain encroachments without notice ..... 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 ..... 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 ..... two months ..... while considering the constitutional validity of the punjab cycle rickshaws (regulation of licence) act, 1976, the supreme court has made the following significant observations which provide as a guide whenever attack based on excessive delegation and unbridled delegated powers is raised :---''it seems to us that in a situation which calls for adjustment ..... norms after ..... with human dignity enshrined in article 21 derives its life breath from the directive principles of state 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 ..... month to a suspended government servant .....