Court : Mumbai Aurangabad
..... . in his cross examination, nothing has been brought on record by the defence, so as to disbelieve his version in examination in chief.panchnama exhibit33 is proved by the evidence of p.w ..... . kadam that he arrested accused shaikh salim shaik ahmed on 24121992 and accused no.2 shaikh khaled shaikh babamiyan was also arrested by same time, however, not in the present crime but under national security act and reference to that effect is given in charge sheet ..... . 2 nanekar was, as referred above taken to civil hospital, beed on 27111992 on account of injury sustained by him on his abdomen, p.w. 4 dr ..... . nothing has been brought in the cross examination by the defence so as to disbelieve his evidence.14 ..... . kishor shirpurkar, a medical officer attached to civil hospital, beed who examined p.w ..... . kishor shirpurkar, a medical officer attached to civil hospital, beed who examined p.w ..... . then accused no.2 was also arrested by the same time, however, not in present crime but under national security act and reference to that effect is given in charge sheet ..... . he thereafter took him to civil hospital for treatment ..... . 2 to civil hospital, beed and thereafter, p.w ..... . pw no.1 has never specified any over act of any accused .....
Tag this Judgment!Court : Mumbai Aurangabad
..... not to establish his defence beyond reasonable doubt. ..... maharashtra, reported in 2009 all mr (cri) 85, this court held that demand of bribe is a foundation in a case under prevention of corruption act. ..... the defence has brought on record sufficient material to show ..... offence punishable under section 7 of the prevention of corruption act, 1988 and sentencing him to undergo r.i. ..... i have also perused the original record & proceedings and more particularly, the complainat, evidence of p.ws.1, 2, 3 and 4 before the court and also other documents which are brought on record by the prosecution and defence.13. ..... offence punishable under section 7 of the prevention of corruption act, 1988 and sentencing him to undergo r.i. ..... section 20 of the prevention of corruption act, 1988 provides for raising of a presumption only if a demand is proved.in case of state of ..... in sections 7 and 13(1)(a) and (b) of the act, the legislature has specifically used the word `accepts' or `obtains'.yet, in case ..... act, he is required to refute the presumption of guilt contained in the said act but the burden on him is ..... into consideration the evidence brought on record by the prosecution, the main question is as to whether the conviction of the appellant / accused can be sustained for the offence punishable u/s 7 of the prevention of corruption act, 1988? ..... no.2 was acquitted of all the offences punishable under sections 12 r/w 7 as also under section 109 r/w sec.13(2) r/w 13(1)(d) of the prevention of corruption act, 1988.2. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... proposed to disprove article of charge, adjourn the case to a later date not exceeding thirty days, after recording an order that the councillor or, as the case may be, the member, may for the purposes of preparing his defence (i) inspect within five days of the order or within such further time not exceeding five days as the commissioner or, as the case may be, the collector, may allow, the documents specified in the list referred to in ..... may be, the collector, may himself inquire into such of the articles of charge as are not admitted, and where all the articles of charge have been admitted by the councillor or member in his written statement of defence, the commissioner or, as the case may be, the collector shall record his findings on each charge after taking such evidence as he may think fit and shall act in the manner laid down in rule 8 of these rules. ..... the respondent 2 collector has been permitted to proceed further with determination of disqualification and hence, when the purpose of 1986 act is kept in mind, i find collector justified in taking remedial steps in procedural matters without causing any prejudice to the petitioners ..... to said order, it has been found that in reference application file under rule 6 for declaration of disqualification of councilors, when the 1986 act does not prescribe any procedural requirement, the delegate state government could not have added it through rule 7(2). ..... raghunath kautkar 2009 (10) ljsoft 52 = 2009 (4) mah ..... court in civil appeal no .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the writ petition, it is urged on behalf of the respondents that the petitioner was compulsorily retired under rule 65(1)(b) of the maharashtra civil services (pension) rules, 1982 in the public interest, as there was complaints of public at large against the petitioner. ..... no.5 may kindly be directed to hold inquiry against the respondent no.1 and 2 regarding their mis management, irregularities, corrupt practices, acting as a dictator not acting as per law and directions of the higher authorities and to punish them accordingly.2. ..... provision to pay interest on the due amount, hence that request of the petitioner can not be accepted, but the amount already paid, while deciding the civil application, will have to be adjusted while making the due payment to the petitioner. ..... during the pendancy of this petition, it appears that the petitioner has filed civil application no.9710/2005, which was decided vide order dated 19/07/2006, by which respondent no.1 and 2 were ordered to pay rs.94,321/ towards the payment due to the petitioner, and issue of interest, if any, to which petitioner is entitled to, ..... however, by virtue of interim order passed in civil application by this court, he was reinstated ..... suspension order was challenged by way of civil application no.3951/1990 in cp no.226 ..... of contention of the respondent no.1 and 2, reliance is placed on the observations in para no.12 and 13 in the matter of namdeo mahadeo surjuse versus state of maharashtra and others, reported in 2009(6) bom.c.r. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it was also prayed that the complainant reserves his right to add, amend, the pleadings or delete the pleadings, if it is necessary etc.3 the petitioners filed affidavit in reply before the labour court through its officer namely madhukar bhanudas toke, working as deputy conservator of forests, beed on 27th august, ..... it is further submitted that the provisions of section 25-f of the industrial dispute act are not attracted, and therefore, there was no question of compliance of provisions of said sections. ..... in view of the disposal of the writ petition, the civil application if any is disposed of accordingly. ..... maruti bapurao lokhande, reported in 2009(5) all mr 242" and submitted that in the said case this court held principles enunciated in cases of "secretary, state of karnataka v/s. ..... the presiding officer, labour court, has not discussed how the provisions of section 25-f of the industrial dispute act are applicable in the present case. ..... act. ..... act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it was also prayed that the complainant reserves his right to add, amend, the pleadings or delete the pleadings, if it is necessary .3 the petitioners filed affidavit in reply before the labour court through its officer namely madhukar bhanudas doke, working as deputy conservator of forests, beed on 27th august, 1987. ..... it is further submitted that the provisions of section 25-f of the industrial dispute act are not attracted, and therefore, there was no question of compliance of provisions of said sections. ..... rule is made absolute in above terms and the writ petition stands disposed of.in view of the disposal of the writ petition, the civil application if any is disposed of accordingly. ..... maruti bapurao lokhande, reported in 2009(5) all mr 242" and submitted that in the said case this court held principles enunciated in cases of "secretary, state of karnataka v/s. ..... the presiding officer, labour court, has not discussed how the provisions of section 25-f of the industrial dispute act are applicable in the present case. ..... act. ..... act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... seniority list in terms of rule 12 of the 1981 rules is not final and conclusive and not binding on the tribunal and section 9(1) of the maharashtra employees of private schools (conditions of service) regulation act has overriding effect as it opens with non obstante clause and the dispute relating to seniority list can also be considered by the tribunal as an incidental question while deciding the controversy in regards to the supersession. ..... in the case in hand though the impugned judgment does not disclose framing of the points for consideration in accordance with the order xli, rule 31 of the code of civil procedure, nevertheless the impugned judgment discloses the recording of the points which were sought to be raised by the petitioner before the appellate court as well as the discussion in relation to those points ..... act, in totality, are required to be read as they appear after the amendment ..... it is further stated that in the year, 2009, vacancy arose for the post of head master in saraswati ..... even, in the year, 2009 the appellant was working as in-charge head master and approval has been granted by the ..... last vacancy was filled in on 1st june, 2009 when shri s.b. ..... as in-charge head master for number of years and, there was no reason why he was not appointed as a full fledged head master in spite of four vacancies arose from 2005 till 2009. ..... 2009 ..... 2009 ..... 2009 ..... 2009 ..... the judgment and order dated 17th july, 2010 passed by the presiding officer, school tribunal, nashik in appeal no.jal/36/2009. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... act, for taking action had been enlarged to 12 months by virtue of the amendment of the amended act of 2009 ..... act, before amendment and after amendment.before amendment :lapsing of reservations : "if any land reserved, allotted or designated for any purpose specified in any plan under this act is not acquired by agreement within ten years from the date on which a final regional plan, or final development plan comes into force or if proceedings for the acquisition of such land under this act or under the land acquisition act, 1894, are not commenced within such period, ..... act (amended) and the amended provisions of the m.r.t.p.act were published in the government gazette on 25/06/2009 ..... after service of notice, the steps to be taken by the authority within 6 months after the service of notice and after amendment, the steps to be taken within the period of 12 months, and i.e. ..... contended that under the amended provisions of the act, period of 6 months ..... act, before amendment and after amendment, one fact is clear that the proceedings of acquisition to be commenced within the period of 10 years from the notification of the plan in the gazette, failing which the reservation will lapse by virtue of ..... "after amendment :"section 127 of the maharashtra regional and town planning act, 1966, shall be renumbered as subsection (1) thereof; and(a) in subsection (1) as so renumbered, for the portion beginning with the words "or if proceedings for the acquisition of such land" and ending with the words .....
Tag this Judgment!Court : Mumbai Aurangabad
..... on basis of said complaint, offence came to be registered under sections 3(1) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 and under sections 323,324, 504, and 427 read with section 34 of the indian penal code, against the accused. ..... the offence punishable under section 3(1) (x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 being exclusively triable by the special judge, the learned j.m.f.c. ..... the defence of the accused is that, there are two groups in jain community at their village khapar. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the cross examination of this witness, nothing has been brought on record by the defence so as to disbelieve the evidence of this witness, careful perusal of the cross examination of this witness would show that her evidence in examination in chief has not shattered in any way in the cross examination ..... on our careful perusal of entire evidence on record, we do not see that the said defence taken by the appellant has brought on record anywhere or for that purpose no material has been placed on ..... have carefully perused the impugned judgment and we do not find such defence taken by the accused and evidence brought on record in that regard. ..... on perusal of cross examination of the prosecution witnesses, it is revealed that the defence has not asked any question or given any suggestion in respect of filing any complaint against the husband of the ..... trial court in para 21, has considered the submissions of the counsel for the defence that other independent witnesses are not examined by the prosecution. ..... , he had full intention to assault the deceased and to commit murder of deceased, and same has been reflected from his act and further from the injuries found on the body of deceased. ..... the counsel for the appellant has strenuously argued that there are contradictions in the evidence of eye witnesses, however, in cross examination the defence has not succeeded to bring it on record. ..... state of madhya pradesh, reported in 2009 all mr (cri) 2181 (s.c ..... of haryana, reported in 2009 (13) scc 401. .....
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