Court : Mumbai Nagpur
..... mentioned in the statement of objects and reasons and the preamble. the alternative to the nationalisation of this industry in the manner it is done by this act is liquidation and unemployment of all the employees of the undertaking. the act ensures continuance of the undertaking as a productive unit and continuation in employment of as many ..... the constitution. we shall proceed to test the validity of the argument keeping aside for the time being the observation in sanjeev coke manufacturing co. v. bharat coking coal ltd. let us proceed on the basis that after kesavananda bharati v. state of kerala and minerva mills ltd. v. union of india, article 31-c ..... market value. the learned in-charge government pleader in this respect relies on the judgments of the apex court in sanjeevcoke manufacturing company vs. m/s. bharat coking coal limited and another {(1983) 1 scc 147}, maharashtra state electricity board vs. thana electric supply co. and others {(1989) 3 scc 616}, state of maharashtra and .....
Tag this Judgment!Court : Mumbai Nagpur
..... levied. the petitioner asked for leave encashment of 220 days earned leave with full pay and 219 days half pay leave after deduction of coal mine's provident fund as per section 52[8] of the mines act, 1952. however, that request was rejected on the ground that the leave encashment is not admissible to the employees whose services are ..... earned leave and 293 days of half pay leave. 3. the facts which are not in dispute are as under: on 03.03.1976, the petitioner joined the nationalised coal sector as assistant welfare officer (trainee) in western coalfields limited at korba and continued there till 12.06.1984. thereafter, he was posted from 14.06.1984 to ..... is demonstrated in paragraph nos.5 to 7 of the submissions and it is contended that the employee cannot be permitted to chose some of the provisions of the mines act, 1952 as convenient to him and better provisions of the 2010 rules. thus, this is not a case where the petitioner had been treated unfairly, unreasonably, arbitrarily .....
Tag this Judgment!Court : Mumbai Nagpur
..... levied. the petitioner asked for leave encashment of 220 days earned leave with full pay and 219 days half pay leave after deduction of coal mine's provident fund as per section 52[8] of the mines act, 1952. however, that request was rejected on the ground that the leave encashment is not admissible to the employees whose services are ..... earned leave and 293 days of half pay leave. 3. the facts which are not in dispute are as under: on 03.03.1976, the petitioner joined the nationalised coal sector as assistant welfare officer (trainee) in western coalfields limited at korba and continued there till 12.06.1984. thereafter, he was posted from 14.06.1984 to ..... is demonstrated in paragraph nos.5 to 7 of the submissions and it is contended that the employee cannot be permitted to chose some of the provisions of the mines act, 1952 as convenient to him and better provisions of the 2010 rules. thus, this is not a case where the petitioner had been treated unfairly, unreasonably, arbitrarily .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the said child, the conviction of the appellant for having committed the offences punishable under sections 3 (a), 5 (j) (ii) and 5 (l) of the said act cannot be faulted. 15. in the passing, conduct of the appellant also needs to be noticed. as per the evidence on record, the appellant had sexual intercourse with the ..... showed the appellant to be the biological father of the daughter born to the prosecutrix. he also referred to the provisions of the juvenile justice (care and protection of children) act, 2015 as well as rule 12 (3) (b) of the rules framed thereunder. the learned counsel, therefore, submitted that since the inception of the relationship, the appellant ..... in that regard. on the basis of investigation carried out by the police authorities, a charge-sheet came to be filed against the appellant for offences under the said act as well as under sections 376 and 417 of the penal code. the appellant did not plead guilty and was, thus, tried. at the conclusion of the trial, .....
Tag this Judgment!Court : Mumbai Nagpur
..... the parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary of section 364a ipc cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for the same being declared as ..... and abettors with condign punishment. the conspiracy is held to be continued and renewed as to all its members wherever and whenever any member of the conspiracy acts in furtherance of the common design." the two-judge bench proceeded to state that: 342... for an offence punishable under section 120b, the prosecution need not ..... physical manifestation of agreement is required to be established. the express agreement need not be proved. the evidence as to the transmission of thoughts sharing the unlawful act is not (sic) sufficient. a conspiracy is a continuing offence which continues to subsist till it is executed or rescinded or frustrated by choice of necessity. .....
Tag this Judgment!Court : Mumbai Nagpur
..... to no other conclusion than guilt of the accused. as already discussed hereinabove, we find the evidence of tawangarkhan (pw-5) to be trustworthy insofar as actual act of assault is concerned and the circumstances which we have stated hereinabove and which have been found to be duly proved, are only to corroborate the testimony of ..... holding that the contention that in a murder case, the court should insist upon plurality of witnesses, is much too broadly stated. section 134 of the indian evidence act, has categorically laid it down that "no particular number of witnesses shall, in any case, be required for the proof of any fact." the legislature determined, as ..... driving license of the appellant being seized from the spot; seizure of knife used in the crime under memorandum of the appellant u/s.27 of the indian evidence act; the c.a. report finding the said seized materials having blood of blood group 'a', which is the blood group of deceased harunisa unclinchingly establish the prosecution .....
Tag this Judgment!Court : Mumbai Nagpur
..... has dismissed the application exh.28 filed by the appellant/accused for discharge from the offence u/s 3 of the maharashtra control of organised crime act, 1999 ( mcoc act for short). 3. the facts necessary for the disposal of the appeal may be stated thus: that, now deceased suraj yadav was a property ..... or ill design of gang members the legislature in its wisdom defined the terms, organised crime syndicate , organised crime , continuing unlawful activities by employing the words acting either singly or collectively, either as a member of an organised crime syndicate or on behalf of such syndicate , such syndicate in respect of which more than ..... discharge the accused. it is submitted that the learned special court has correctly appreciated the factual situation and legal propositions arising out of the application of the act and the impugned order does not call for any interference. 15. the learned senior counsel shri mardikar appearing for the original complainant has again referred to .....
Tag this Judgment!Court : Mumbai Nagpur
..... levy of purchase tax on sugarcane and it is not applicable to levy of purchase tax on any other goods which are otherwise taxable under the finance act. the sugarcane act also provides for regulation of production, supply and distribution of sugarcane. thus, it is an enactment which is specifically meant for the control of the ..... thus, ss code does not emanate from state legislature as a legislation and does not deal with the primary schools or staff thereof. as against this 1977 act or act iii of 1978, in section 2(19) defines primary school to mean a school in which primary education is imparted. section 2(18) defines primary education ..... following the procedure of "previous publication". 40. condition of previous publication in rule 16(3) above obliges adherence procedure stipulated in section 24 of the bombay general clauses act. we find it convenient to draw support from 1978 mh.l.j. 502 - (dharamsi morarji chemical co. ltd., bombay vs. ambernath nagarpalika parishad ambernath and another .....
Tag this Judgment!Court : Mumbai Nagpur
..... touching the conscience of everyone and thereby disturb the moral fibre of the society would call for imposition of capital punishment in order to ensure that it acts as a deterrent.? 39. we then find that though we are convinced that the case of the prosecution based on the evidence displayed, established the commission ..... thus, in case the crime is committed in a most cruel and inhuman manner which is an extremely brutal, grotesque diabolical, revolting and dastardly manner, where his act affects the entire moral fibre of the society e.g. crime committed for power of political ambition or indulging in organized criminal activities, death sentence should be awarded.? ..... be such that it may result in intense and extreme indignation of the community and shock the collective conscience of the society. where an accused does not act on any spur-of-the-moment provocation and indulges himself in a deliberately planned crime and meticulously executes it, the death sentence may be the most .....
Tag this Judgment!Court : Mumbai Nagpur
..... this order. 61 in the backdrop of above conclusions of the chancellor, it would be advantageous to refer to some of legal provisions. the said act is an act to consolidate and amend the law relating to the four agricultural universities in the state of maharashtra. it has been decided to have a common ..... appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or ..... appointments made which is vitiated and initiate to cancel the appointments of candidates concerned after following due procedure in accordance with the law and provisions of the act, statutes, ordinances and regulations of the punjabrao deshmukh krishi vidyapeeth, akola. (2) to fix the responsibilities against the persons responsible for committing lapses in .....
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