Court : Mumbai Nagpur
..... which stipulates that every other order against which appeal is not provided, is final, but always subject to provisions for revision. the provisions of section 2 of the "amending act" stipulates that this sub-section shall be deemed always to have been enacted in this form in section 152. therefore, though section 101[3] makes the certificate ..... subject matter of said consideration and the division bench has decided the controversy in the light of the guidelines contained in the above mentioned circular. after 18.05.2007 the position has undergone change. this judgment therefore, also is of no use here. 10. mrs. dangre, learned additional government pleader has pointed out that the ..... court in appeal against said order. jayant then approached the learned single judge of this court in writ petition and the same was disposed of on 14.12.2007. the high court through its learned single judge directed jayant to deposit amount of rs. 95,00,000/- and also directed the cooperative court to decide .....
Tag this Judgment!Court : Mumbai Nagpur
..... district judge, wardha modified order dated 5th august 1994 and issued injunction in respect of two rooms of western side out of the suit house. the plaintiff proposed amendment in the plaint which was allowed vide exh. 50 the application dated 15.2.1995. the plaintiff contended that on 17.6.1991, second defendant had forcibly dispossessed ..... full description of the suit house was not given in the plaint and that suit was barred by limitation as suit under section 6 of the special relief act is required to be filed within six months of dispossession.3. the trial court upon evidence led, found that the plaintiff was forcibly dispossessed of five rooms ..... 6. i have heard submissions at the bar. it is contended on behalf of the appellants ( ori. defendants) that the trial court ought not to have permitted amendment in the plaint which allowed the plaintiff to introduce case of dispossession after efflux of a year of alleged forcible dispossession. it is further contended that the courts below .....
Tag this Judgment!Court : Mumbai Nagpur
..... by adding paragraphs 4a and 4b. he contends that the petitioners have sought minimum wages payable to plastic industry by said amendment and plastic industry is a distinct entry in schedule of minimum wages act.9. learned counsel, therefore, argues that the petitioners themselves are not certain about nature of industry and till such nature ..... in dispute. hence, parties need to be given opportunity to place that material before industrial court. for that purpose, it is necessary to permit parties to amend their respective pleadings.13. in this situation, without recording any finding on various issues raised by both learned counsel before me and only to have a proper ..... no.1349 of 1996 is hereby quashed and set aside. the said complaint is restored back to the file of industrial court for giving parties opportunity to amend their pleadings, to produce necessary documents to substantial their contentions and to lead additional evidence, if any. it is clarified that parties are at liberty to .....
Tag this Judgment!Court : Mumbai Nagpur
..... one month after the date of accident or the actual date of adjudication of claim by the commissioner in the matter of award of compensation under workmen's compensation act, 1923 (as amended)?" 6. i have heard learned counsel for the rival parties. i have also perused the impugned judgment and award in all these appeal. i have also ..... of judgment, i.e. 24.9.2010. he relied upon the decision of supreme court in the case of national insurance co. ltd. v. mubasir ahmed & anr. - (2007) 2 scc 349, and in particular para 9 thereof. 4. per contra, mr.mishra, learned counsel for the respondents, placed reliance on the decision of pratap narain singh deo v ..... the compensation is payable from one month after the date of accident and not from the date when the adjudication is done by the commissioner under workmen's compensation act. the commissioner has followed the same principle and therefore the point which arose for my determination will have to be answered that the compensation fell due one month .....
Tag this Judgment!Court : Mumbai Nagpur
..... of human endeavour by developing educational network related to health sciences with use of modern communication media and technologies appropriate for a learning society; (j) to strive to promote competitive merit and excellence as the sole guiding criterion in all academic and other matters relating to students ; (k) to impart education and training to achieve the goal of physical ..... as to the requisite quorum and they cannot now turn round to contend that the quorum was not proper. under subsection (a) of section 92 of the muhs act, no acts or proceedings shall be deemed invalid merely on the ground of non availability of the members to attend the meeting of any authority, body or committee. it is ..... amount without issuing the receipts and was held responsible for the serious misconduct tarnishing the image of the college in the eyes of public. on 7.8.2007, respondent no.3 was asked to go on compulsory leave of three months. a fact finding committee was appointed by the petitioner on 18.8 .....
Tag this Judgment!Court : Mumbai Nagpur
..... invalid by scrutiny committee section 16(1c) (as inserted by amendment act 11 of 2002 in municipalities act) is considered and it is held that act 11 of 2002 was enacted to give effect to provisions of 2001 act by amending local self-government acts. no repugnance in provisions of two acts was found. full bench has also declared that provisions of 2001 ..... 243zg. satrucharlavijaya rama raju v. nimmaka jaya raju (supra) being considered little later also shows some difference in scheme of a.p. act and 2001 act of maharashtra. 24. hon'ble apex court in air 2007 sc 295 - state of maharashtra v. ravi prakash babulalsing parmar has laid down that the caste scrutiny committee is a quasi judicial ..... has requisite validity. in rejoinder dated 14.3.2012, mohd. sharique ur rehman pointed out that his caste claim was validated by scrutiny committee on 15.2.2007. next order dated 22.3.2012 notes issuance of the show cause notice to syed mujahid iqbal by respondent no.2 on 21.3.2012 and this court .....
Tag this Judgment!Court : Mumbai Nagpur
..... counsel for respondent nos.3 and 4 and shri kasat, learned counsel for respondent no.5. the learned agp is seeking time to obtain instructions in view of the amendment carried out in the petition. the learned senior advocate for the petitioners and shri samarth, learned counsel for respondent nos. 3 and 4 state that the petitioners have ..... the letter accordingly was put up for signature. thus, if the letter was put up on 07-07-2005 for signature, exercise vide order-sheet dated 29-10-2007 appears to be unnecessary duplication. thereafter at page no.19 there is one more computerized order-sheet. it is undated and it mentions that the notification under section 10 ..... after completing the formalities as contemplated by section 10(5) of the said act. 5. shri manohar, the learned senior counsel with shri a.a. naik, advocate has pointed out from the record of the state government that as per the last order-sheet dated 01-11-2007, the notification under section 10(3) was published on that day. he .....
Tag this Judgment!Court : Mumbai Nagpur
..... . headquarters, nagpur from 02.05.2005 to 13.09.2006 and was promoted as chief manager at coal india headquarters from 14.09.2006 and worked there till 31.12.2007. subsequently he was appointed as a director (personnel) western coalfields ltd. for a period of 5 years w.e.f. 01.01.2008 in the pay-scale of rs.65000 ..... 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 or is ..... 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 pramod gulabchand baid .vrs .....
Tag this Judgment!Court : Mumbai Nagpur
..... , public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988), s.4 (w.e.f. 1.4.1989) stringent punishment must be awarded to the respondent. ..... n.i. act. 15. at this stage, i have heard mr. khandalkar, learned counsel for the appellant and mr. morande, learned counsel for the respondent on the question of sentence. 16. mr. khandalkar has submitted that keeping in view the object of insertion of chapter xvii to the n.i. act by the amending act i.e. banking ..... not claimed , following which the appellant instituted the complaint before the judicial magistrate, first class, karanja against the respondent under section 138 of the n.i. act. 4. as the respondent claimed to be tried, the judicial magistrate, first class proceeded with the trial of the complaint case and upon consideration of the evidence .....
Tag this Judgment!Court : Mumbai Nagpur
..... service . this was in pursuance to rule 9 (b) of the maharashtra development service (constitution, classification and recruitment) rules, 1973 (rules of 1973 for short) as amended w.e.f. 1.4.1979. the said options were to be given by 14.8.1979. the chief executive officers of the zilla parishads were then supposed to ..... .2 commissioner, which have not been decided. 5. it appears that the petitioners approached the maharashtra administrative tribunal (mat) under section 19 of the maharashtra administrative tribunal act, 1985. however, the same matter was withdrawn on 30.1.2004 as according to the petitioners, the tribunal was of the opinion that the petitioners not being employees ..... is submitted that communication dated 20.6.1979 contemplated calling of options from eligible employees and this was in terms of rule 9 (a) of 1973 rules, as amended. it is submitted that a tentative seniority list was drawn by respondent no.2 on 1.1.1998. it is pointed out that the submission of the petitioner .....
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