Court : Mumbai Aurangabad
..... 855, which is as follows:- the charge of offence punishable under section 66(1)(b) of the bombay prohibition act or section 117 of the motor vehicles act, for which imprisonment prescribed is less than one year, was ..... for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable ..... not considered while passing the impugned order and further learned trial judge has not adverted to very generic meaning and import of word may in the definition of section 216 of the code of criminal procedure that any court may alter or add any charge at any time before judgment is pronounced, and passed the impugned order ..... learned counsel for the petitioner cited following judicial pronouncement of this court in the case of ravishankars/o jagannath prasad tiwari vs state of maharashtra, reported at ..... apex court in the case of ravishankars/o jagannath prasad tiwari vs state of maharashtra, reported at 2006 (2) mh.l.j. ..... by the judgment of this court in the case of ravishankars/o jagannath prasad tiwari vs state of maharashtra, reported at 2006 (2) mh.l.j. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the order of externment was in force, he entered the prohibited area and invited action under section 142 of the bombay police act, giving rise to crime no.i-35/2012. ..... 23rd october, 2011, in terms of section 59 of the bombay police act, was served upon the petitioner. ..... the learned sdm, on perusal of the statement of under-cover witnesses; and the nature of crime, felt that externing the petitioner for a period of two years and from three districts, will be harsh and excessive and confined the same to period of one year, limiting ..... with offences of cheating, deception, forgery, preparing false documents; assault to an individual; intimidation; threat and infraction of section 135 of the bombay police act. ..... action under section 56(1)(a)(b) of the bombay police act. ..... spared government officials and faced the brunt for offence under section 353 and 186 of indian penal code. ..... state of maharashtra was also ..... emerges that the offence or the activities were in kopargaon, however, this court has recorded, in para 9, that the order of learned sdm or the principal secretary, were silent about the reasons for externment, therefore, there was infringement and the order was excessive. 8. ..... maharashtra ..... sub divisional magistrate, sangamner division, sangamner, externing him from kopargaon, sangamner, shrirampur and rahata in ahmednagar district; vaijapur in aurangabad district and yeola, niphad and sinnar in nasik district, for a period of one year, confirmed by the home department on 11th june, 2012. 3. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... " apart from above, the provisions of section 189 of the bombay provincial municipal corporations act, 1949, cast duty upon the state and in particular, in the present case, respondent no.2, to supply potable ..... adverting to the contents of the said affidavits, at this juncture, it would be appropriate to refer to some of the provisions of the constitution and also the bombay provincial municipal corporations act,1949 and also the judgments of the supreme court and this court, which cast a duty upon the respondents and in particular, respondent no.2 to supply potable water to ..... the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity ..... of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption, except for medical purposes of intoxicating drinks and of drugs which are injurious to health." 3. ..... joint session, the draft bill was considered subsequently in detail by a committee of ministers of local self-government from the states of bihar, madras, maharashtra, rajasthan, haryana and west bengal. 3. ..... maharashtra .....
Tag this Judgment!Court : Mumbai Aurangabad
..... " apart from above, the provisions of section 189 of the bombay provincial municipal corporations act, 1949, cast duty upon the state and in particular, in the present case, respondent no.2, to supply potable ..... adverting to the contents of the said affidavits, at this juncture, it would be appropriate to refer to some of the provisions of the constitution and also the bombay provincial municipal corporations act,1949 and also the judgments of the supreme court and this court, which cast a duty upon the respondents and in particular, respondent no.2 to supply potable water to ..... the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity ..... of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition of the consumption, except for medical purposes of intoxicating drinks and of drugs which are injurious to health." 3. ..... joint session, the draft bill was considered subsequently in detail by a committee of ministers of local self-government from the states of bihar, madras, maharashtra, rajasthan, haryana and west bengal. 3. ..... maharashtra .....
Tag this Judgment!Court : Mumbai Aurangabad
..... to begin with, the act applies to the industries to which the bombay industrial relations act for the time being applies and also to industries as defined in clause (1) of section 2 of the industrial disputes act and the state government in relation to any industrial dispute concerning such industry is the appropriate government. 19. ..... it is no doubt true that the maharashtra state mazdoor sabha, bombay and the maharashtra s.t. ..... the learned division bench of this court, in the matter of maharashtra state road transport corporation, bombay and others vs. ..... it clearly suggests that unless the union is recognized under the act, the employer is strictly prohibited from interfering with or supporting to any of the unions either by show of partiality or favouritism, the whole idea being that the employer should treat all unions equally with the view that the unions in the field can organise themselves, and one who satisfied the conditions for being recognised under the act could move in that direction. ..... undoubtedly the unions operating in the appellant corporation can mainly be grouped under (1) maharashtra state mazdoor sabha, bombay, (2) maharashtra s.t. ..... petitioner no.3 is the maharashtra navnirman kamgar sanghatana which claims to have membership amongst the persons engaged by respondent no.1 factory. ..... maharashtra motor kamgar federation, nagpur and another, 1986 labour and industrial cases 253 : 1985 mh.l.j. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... removal of persons convicted of certain offences:- [(1)] if a person has been convicted - (a) (i) of an offence under chapter xii, xvi, xvii of the indian penal code, 1949 ; or (ii) of any offence under section 65, 66a or 68 of the bombay prohibition act, 1949 ; or (iii) of an offence under section 3,4,5,6, or 9 of the suppression of immoral traffic in women and girls, act 1956 ; or (iv) of an offence under section 135 of the customs act, 1962; or (v) of an offence under section 4, or for accepting bet in any public street or thoroughfare or in any place to which the public have or are permitted to have access, or in any race ..... the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya, mumbai and respondent no.2 is the appellate authority which has passed the impugned order dated 19.4.2012 confirming the order passed by the lower authority and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he was orally told that, one crime was registered against the petitioner under section 12-a of the bombay prevention of gambling act and at the time of submitting the application, which was in prescribed form in the column. ..... it is submitted that, even if clause no.11-a is read as it is from the application, which was supposed to be filled in by the candidate, information which was asked for was in respect of whether the petitioner was arrested / detained / confined / fined / convicted and it was not necessary to mention about the registration of offences against the petitioner. ..... this petition takes an exception to the judgment and order passed by the maharashtra administrative tribunal, dated 06.05.2011, in original application no.270/2011, and also to the termination order dated 03.02.2004 issued by the respondent no.3 and the impugned communication dated 26.09.2008 issued by the respondent no.1, with further prayer for reinstatement in service with continuity of service from the date of termination and pay petitioner all the consequential benefits as per the seniority. ..... the said oder was totally in violation of the principles of natural justice so also in violation of the provisions of the maharashtra civil services [discipline and appeal] rules, 1979, and therefore, the maharashtra administrative tribunal ought to have allowed the original application filed by the petitioner. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... removal of persons convicted of certain offences:- [(1)] if a person has been convicted - (a) (i) of an offence under chapter xii, xvi, xvii of the indian penal code, 1949 ; or (ii) of any offence under section 65, 66a or 68 of the bombay prohibition act, 1949 ; or (iii) of an offence under section 3,4,5,6, or 9 of the suppression of immoral traffic in women and girls, act 1956 ; or (iv) of an offence under section 135 of the customs act, 1962; or (v) of an offence under section 4, or for accepting bet in any public street or thoroughfare or in any place to which the public have or are permitted to have access, or in any race ..... the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya, mumbai and respondent no.2 is the appellate authority which has passed the impugned order dated 19.4.2012 confirming the order passed by the lower authority and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the petitioners would have thus remained in office, but for the notification issued on 1st november, 2011, by the government of maharashtra, appointing the collector as administrator/authorized officer under section 452a of the then bombay provincial municipal corporations act, 1949. ..... xx of 2011, on 24th october, 2011, amending section 3 of the bombay provincial municipal corporations act and section 6 of the maharashtra municipal councils act, enabling the government to dispense with the condition of previous publication of notification under the bombay provincial municipal corporations act, 1949. ..... in the present case, what has transpired is that, government has issued anotification on 1st november, 2011, firstly, under the maharashtra municipal councils act, and secondly, under the powers conferred by subsection (2) of section 3 of the bombay provincial municipal corporations act, 1949, now known as maharashtra municipal corporations act. ..... once there was no conflicting or contrary notification by the governor within the meaning of sub-article (1) of article 243q of the constitution in the field, then, the state government was not prohibited from issuing the notification specifying the urban area with a population of not less than 3 lakhs, as a larger urban area, within the meaning of this subsection of section 3. 44. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... state of haryana] the apex court has held that when the prosecution failed to prove that there was the illtreatment, cruelty 'soon before the death', there was no question of giving punishment for offence punishable under sections 304-b of i.p.c. ..... state of punjab] when there was no evidence on cruelty, it was held that the provision of section 113-b of evidence act could not have been invoked and it was not possible to convict the accused for offence punishable under section 304-b of i.p.c. ..... the demand of scooter was made after the marriage and the apex court held that such demand falls under 'dowry' defined under dowry prohibition act. 18. ..... though there was no separate charge for offences under dowry prohibition act, there is the evidence to show that there was an agreement of dowry and there was the demand of dowry. ..... the appellant is convicted and sentenced by the trial court for offences punishable under sections 304-b and 498-a of indian penal code. ..... ] on facts the accused was held to be entitled for acquittal, when prosecution failed to prove the "willful conduct" and there was the charge for offence punishable under section 498-a, 306 of i.p.c. 21. ..... there was the charge for offences punishable under sections 304-b and 498-a of i.p.c. ..... the maximum substantive sentence given to the appellant is 10 years for the offence punishable under section 304-b of i.p.c. ..... the state of maharashtra] and the judgment delivered by aurangabad bench of bombay high court in criminal appeal no. .....
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