Court : Mumbai Nagpur
B.P. Dharmadhikari, J. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks to challenge the order of termination dated 03.11.2009, passed by Respondent no.2 Additional General Manager/Engineering LMD National Aviation Company of India Limited. Though in the petition, order dated 05.10.2012 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, invalidating caste claim of the petitioner as belonging to Halba Scheduled Tribe, has also been questioned, the petitioner has only claimed protection in employment and expressly restricted his challenge only to the order of termination and has given up the status as belonging to Halba Scheduled Tribe. Right to challenge order invalidating caste certificate is given up with knowledge that Respondent Employer as also Caste Scrutiny Committee are opposing the prayer for protection. This protection in service is being claimed on the basis of various judgments, particul...
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: (AnoopV. Mohta, J.). 1] The petitioners the producers of the cotton seed have challenged the statutes and notifications of the State of Maharashtra (the State) of price control of cotton seed in Maharashtra. 2] In W.P. 2207 of 2008 (AICBA v. State of Maharashtra and Ors.), the petitioners challenged the validity of the Maharashtra Cotton Seed (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Ordinance, 2008 (the Ordinance) (published in the official Gazette on 23.05.2008) and Notification dated 23.05.2008 (the notification) fixing the Maximum Retail Price (MRP) of Bt. Cotton seeds. An interim order was passed on 27.06.2008 ...whenever the Ordinance is issued or legislation is evolved by the Legislature, State cannot shirk its responsibility to make good the loss, if any caused in the event such Ordinance or Legislation is held to be unconstitutional and is quashed and set aside by the Courts. In the present case, if the petition succeeds appropriate o...
Tag this Judgment!Court : Mumbai Nagpur
P.R. Bora, J. 1. Rule. Rule is made returnable forthwith with the consent of the learned counsel for the parties. 2. Validity of a notice under Section 148 of the Income Tax Act, 1961 served on the petitioner company, whereby reassessment has been ordered is challenged by it in these two writ petitions. Notice in Writ Petition No.2005/2013 relates to reassessment for A.Y. 2006 “ 2007 whereas notice in Writ Petition No. 6606/2013 pertains to the reassessment for A.Y. 2008 “ 2009. Since grounds of challenge in both the writ petitions are same, they are being decided by this common Judgment. 3. Petitioner is a private limited company duly registered under the provisions of the Companies Act, 1956. It is a regular assessee under the Income Tax Act, 1961 (for short œthe Act?). The petitioner company is the authorized dealer for spare parts of Kirloskar Pumps and does exclusive supply to mines of Western Coalfields Limited and South Eastern Coalfields Limited. 4. Petitioner...
Tag this Judgment!Court : Mumbai Nagpur
B.P. Dharmadhikari, J. 1. In this writ petition filed under Article 226 of Constitution of India, the petitioner teachers seek salary as per the pay scale prescribed by State Government through its resolution dated 21st May 2010 extending 6th wage revision to teaching and non-teaching staff of unaided non-government i.e. private educational institutions. They are working with respondent no.7, which is an unaided private minority School. It is not in dispute that respondent no.5 is a minority educational society while respondent no.7 is the school which has been recognized by State Government as per the provisions of Secondary School Code as revised in 1979, (hereinafter referred to as "SS Code" for short). Permission to open school has been given on 17 August 1991 and as per clause 2 of that permission, management is obliged to pay wages to teachers in the pay scales as prescribed by State Government from time to time. It is in this background that on 23.04.2012, a notice for final dis...
Tag this Judgment!Court : Mumbai Nagpur
B.P. Dharmadhikari, J. 1. Basic challenge in all these Petitions is to raid on or stoppage of vehicles transporting liquor by police personal functioning under Bombay Police Act (hereinafter referred to as the Police Act for short), as it is the commodity regulated by Bombay Prohibition Act, 1949 (hereinafter referred to as the Prohibition Act for short). According to petitioners, only Prohibition Officer or the staff of State Excise Department functioning under the Prohibition Act, in terms thereof, can undertake any such exercise. In view of this submission, prayer made in all the writ petitions is to quash and set aside the F.I.R. registered by police authorities. Home Department of State of Maharashtra, Superintendent of Police, concerned Police Station are joined as respondents. Similarly, Commissioner of State Excise is also impleaded as party respondent. 2. As a question of law is placed for consideration, individual facts are not very material and it will be apt to deal with th...
Tag this Judgment!Court : Mumbai Nagpur
B.R. Gavai, J. 1. Since the learned Sessions Judge, Nagpur by judgment and order dated 4.2.2016 in Sessions Trial No. 488/14 has awarded death penalty to the accused Nos. 1 and 2, the reference has been made to this Court for confirmation in Criminal Confirmation Case No. 1/16. 2. Both the accused/appellants have also preferred appeals being aggrieved by the judgment and order of conviction and sentence dated 4.2.2016. Though both the appellants are condemned persons, for the sake of convenience, hereinafter we will be referring to them as accused. 3. The prosecution case in nutshell as could be gathered from the material placed on record is thus: PW. 1 Dr. Mukesh Chandak, the first informant, is a resident of GuruVandana Housing Society, Lakadganj Road, Nagpur. PW.1 Dr. Mukesh Chandak as well as his wife Premal are both Dentists by profession and running a clinic known as Chandak Dental Clinic which is located at Darodkar Square, Central Avenue Road, Nagpur. The couple was blessed wit...
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