Court : Mumbai Aurangabad
..... . registrar, ahmednagar regarding the amalgamation.181/3/2011: respondent no.6 being aggrieved by order dated 14.2.2011 preferred revision application under section 154 of the mcs act, 1960 before the respondent no.1 state government.191/3/2011: the honourable minister has stayed the order of amalgamation.205/7/2011: honourable minister allowed the revision application and has set aside the ..... (xi) it ought to be held that, the revisional authority has failed to appreciate the scope of revisional powers as conferred by virtue of section 154 of the mcs act, 1960 and thus has exceeded the jurisdiction vested in it ..... . the hon'ble minister has failed to appreciate that the procedural aspects as per sections 17 and rule 16 of rules of 1961 have been duly complied with and thereafter the order of amalgamation was ..... registrar has issued the order of amalgamation by exercising powers under section 17 of mcs act, 1960 and rule 16 of maharashtra cooperative societies act, 1961 ..... . (7) proviso (ii) to section 17 (1) of the maharashtra cooperative societies act provides that, all members and all creditors have to consent for ..... petitioner's right to organize for commercial activity under section 91 include the right to separate and ..... the decision of amalgamation is thus contrary to section 17 since all members have not consented ..... , the appellants have not shown any reason as to why such revocation should be branded as defeating the provisions of the mcs act, the existence of society and cooperative movement .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , after concluding the enquiry in accordance with the procedure laid down in law under section 7a, delivered the impugned order dated 28.9.2010 concluding/assessing the outstanding provident fund dues in respect of the pigmy deposit collectors at an amount of rs.8,37,745/- . ..... also see no force in the contention that section 10 of the banking regulations act prevents employment of persons on commission basis. ..... pointed out that the proviso to section 10 of the banking regulation act has been operative since 1949. ..... was thus no question of absorption and there was also no question of the deposit collectors being paid the same pay scales, allowances and other service conditions of the regular employees of the banks." 7. ..... submitted that in the industrial disputes act the definition of the term "worker" in section 2(s) was amended in 1984. ..... the court through the definition of the term "workman" in the industrial disputes act as well as various other acts like beedi and cigar workers (conditions of employment) act, coal mines provident fund and misc. ..... act and that they were not earning wages as basic wages from the petitioner under section 2(b) of the said act ..... also been placed on section 10 of the banking regulation act. ..... he pointed out that depending on the purpose of the act, either a wide or narrow definition had been given to the term ..... initiated an inquiry under section 7a with regard to non payment / deposition of provident fund subscription in connection with the pigmy deposit collectors .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the borrower could not repay the loan amounts, bank had taken proceedings under section 101 of the maharashtra cooperative societies act, 1960 (for short, "mcs act"), before the competent authority, and a recovery certificate to this effect was granted to ..... on facts, in the said case, the material showed prima facie commission of offence under section 120-b of ipc whereby joint property was conveyed and converted into an unauthorized colony, by selling to different ..... ravi shankar srivastava, ias and another [2006 air scw 3990], explaining scope of section 482 of the code of criminal procedure, and mala fides, if any, of the informant, how much importance to be attached; (ii) state of andhra ..... senior counsel appearing for the petitioners, submit that since there was a certificate under section 101 of the mcs act, it has effect of decree and has reached finality. ..... it was observed, in section 415 of ipc, there are two separate clauses of acts which the person deceived may be induced ..... as borrowers, at no point of time have disputed about their liability as they had accepted the decree / certificate under section 101 of mcs act. ..... in both the matters, for offences punishable under sections 406, 409, 108, 109, 417, 420, 427, 465, 467, 468, 120-b, read with section 34 of indian penal code. ..... ) issued directions under section 156(3) of the code of criminal procedure, to ..... the second clause of act is doing or omit to do anything which the person deceived would not do or omit to do if he were .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the said judgment, this court has held that in such cases where the bus conductors carry passengers without ticket or issue tickets at a rate less than the proper rate, the said acts would inter alia amount to either being a case of dishonesty or of gross negligence and such conductors were not fit to be retained in service because such inaction or action on the part of the conductors results in financial loss to the road transport corporation. ..... the courts must always remember, first, that the act deals, not with a judicial act, but with an executive act; secondly, that the conditions which, under the exercise of that executive act, may be imposed are in terms put within the discretion of the local authority without limitation; and thirdly, that the statute provides no appeal from the decision of the local ..... this court also held that punishment of dismissal from service awarded by the disciplinary authority did not call for any interference by the labour court or the high court and hence the order of reinstatement passed by the high court was set ..... court held that it was not possible to say that corporation removing the conductor from service has imposed a punishment which is disproportionate to his misconduct. ..... misconduct a necessary consequence will be that management has lost confidence that the workman would truthfully and faithfully carry on his duties and consequently the labour court rightly declined to exercise the power under section 11a of the i.d. ..... [1996] 2 scr 827]. in .....
Tag this Judgment!Court : Mumbai Aurangabad
..... submits that as per section 25(3) of the consumer protection act, the order has been passed. ..... even as per section 107 of the maharashtra cooperative societies act, whenever liquidator is appointed, no proceedings can proceed without the leave of the registrar. ..... as per section 107 of the maharashtra cooperative societies act, no orders can be passed with regard to proceedings against the society in liquidation, without the leave of the registrar. ..... the distribution and payment of dues has to be done by the liquidator as per section 105 of the maharashtra cooperative societies act. 5. ..... reading provisions of sections 105 to 107, it is manifest that payment of the dues of the society have to be made by the liquidator after considering the priority of the claims, secured claims etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 2 came to be dismissed.it appears that, the trial court tried the private complaint and by impugned judgment and order dated 16.11.2009 discharged the respondent/original accused as per section 245(1) of the criminal procedure code.though the counsel for the appellant was fully aware about the date of the final hearing of this matter, since same was fixed on 27th january, ..... hand raises important question of law that, whether the 6th judicial magistrate first class, ahmednagar could have discharged the respondent/accused taking recourse to section 245(1) of the criminal procedure code, since the case which is tried by the magistrate was summons case. ..... of the code does not contemplates stage of discharge like section 239 which provides for a discharge in a warrant case ..... open for the magistrate to take recourse to the section 244 or section 245 of the criminal procedure code.7. ..... in hand is a summons case, it was not open for the trial court to take recourse to section 244 or section 245 of the criminal procedure code. ..... (1) if, upon taking all the evidence referred to in section 244, the magistrae considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the ..... a summons case and in which maximum sentence can be given is of two years, in that case the criminal procedure code provides scheme of trial under the provisions of section 251 to 259 of the criminal procedure code. ..... negotiable instruments act. .....
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