Court : Mumbai Nagpur
..... not the 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 ..... this effect in the act is fully supported by the undisputed facts 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 ..... under article 31c of the constitution. the observations of apex court in paras 43, 44 and 48 are relevant, which read thus : 43) the idea of nationalisation of a material resource of the community cannot be divorced from the idea of distribution of that resource in the community in a manner, which advances common good. .....
Tag this Judgment!Court : Mumbai Nagpur
..... nothing left for making any regulations and much less to the contrary. 7. our attention is invited to section 52 of the mines act and judgment of hon'ble supreme court in the case of jaswant singh gill .vrs. bharat coking coal ltd. and others reported in (2007) 1 scc 663 and judgment of this court in writ petition no. 3430/2010 ..... of 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 30 ..... was 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 .....
Tag this Judgment!Court : Mumbai Nagpur
..... left for making any regulations and much less to the contrary. 7. our attention is invited to section 52 of the mines act and judgment of hon'ble supreme court in the case of jaswant singh gill .vrs. bharat coking coal ltd. and others reported in (2007) 1 scc 663 and judgment of this court in writ petition no. 3430/2010 ..... of 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 30. ..... was 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 .....
Tag this Judgment!Court : Mumbai Nagpur
B.R. Gavai, J. 1. All these four petitions challenge the notification issued by the State of Maharashtra/respondent no.1 herein dated 12th November, 2014 under the provisions of sub-section 2 of Section 37 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the said Act ) thereby sanctioning modifications with certain conditions in the Development Plan for the City of Nagpur and for that purpose, amending notification dated 4th November, 2008. 2. The facts and the grounds raised in all these petitions are almost identical with one additional factual challenge insofar as Writ Petition No.5056 of 2016 is concerned. As such, all these four petitions are heard together and decided by this common Judgment and Order. 3. The facts, in brief, giving rise to the present petitions are as under: In the year 2000-2001, the Planning Authority for the City of Nagpur had proposed to increase width of one road known as Kelibag Road from 15 meters to 24 meters. In the D...
Tag this Judgment!Court : Mumbai Nagpur
Per Court: All these criminal appeals take exception to the judgment and order dated 18/10/2013 passed by learned Additional Sessions Judge, Nagpur in Sessions Trial No.554/2002. For the sake of convenience, accused numbers are referred according to their serial numbers as mentioned in charge (Exh.20). By the impugned judgment passed by the learned trial Court, accused no.1 Vijay Kisanrao Mate, accused no.4 Umesh Sampatrao Dahake, accused no.9 Kiran Umraoji Kaithe, accused no.10 Kamlesh Sitaram Nimbarte, accused no.13 Dinesh s/o Devidas Gaiki and accused no.15 Raju Vitthalrao Bhadre came to be convicted for the offences punishable under Sections 147, 148 and 302, 120-B read with Section 149 of Indian Penal Code and are sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500/-, in default to suffer simple imprisonment for three months for the offence punishable under Section 147 of Indian Penal Code, to undergo rigorous imprisonment for one year and to pay fine ...
Tag this Judgment!Court : Mumbai Nagpur
A.B. Chaudhari, J. 1. Heard. Rule. Rule returnable forthwith. All these matters are taken up for final disposal with consent of the learned Counsel for the rival parties. 2. In these letters patent appeals and writ petitions, learned Counsel for both parties made their submissions on the questions, which we have framed in this judgment. 3. Advocate Shri Khapre appearing for the appellant in Letters Patent Appeal No.368/2011 made the following submissions : (i) The Bombay Public Trusts Act, 1950 was enacted to regulate and make better provisions for the administration of public religious and charitable Trusts in the State of Bombay. Various officers who are required to implement the provisions of the said B.P.T. Act, 1950, namely the Assistant Charity Commissioner, Deputy Charity Commissioner, Joint Charity Commissioner and Charity Commissioner are performing judicial functions or in respect of some provisions; the quasi-judicial functions. That is evident from the reading of several pr...
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