Court : Mumbai Aurangabad
..... by the same, the writ petitions were filed. the a.p. act is a consolidating and amending act made by the state legislature with the object of reforming, organising and developing educational system in the state and to provide for matters connected therewith or incidental thereto. this legislation had received the assent of ..... a.p. act, educational institutions are classified into three categories, namely, state institutions, local authority institutions and private institutions and granting of permission for the establishment of educational institutions is governed by section 20. this section was amended by act 27 of 1987 wherein it was provided that no educational institutions ..... shall be established except in accordance with the provisions of the act. the state government is authorised to appoint by notification a competent authority for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the very complaint dated 21-9-2002 lodged by the complainant, namely, tatyarao babaji jadhav, come under the purview of said definition of 'dowry' and amendments thereto, and submitted that the expression 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly at or before or ..... and, therefore, prayed that the present application be allowed for the prayers as set out therein. 11. learned app mr. b.j. sonawane for the respondent / state, assisted by adv. mr. u.b. bondar for the original complainant, countered the said arguments and opposed the present application vehemently, and questioned the grant of prayers ..... 9. to substantiate his contentions, learned advocate for the applicants has relied upon following judicial pronouncements: (a) judgment of apex court in the case of harjitsingh vs. state of punjab, reported at air 2006 sc 680, wherein it was held thus: "thus, there are three occasions related to dowry. one is before the marriage, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... registrar under section 9 of the m.c.s. act. while responding to point raised by the respondents about the validity of the policy, decision of the state in the light of recent amendment in article 19 (1) (c) of the constitution, reliance was placed on the article 243-zh of the constitution. it was submitted by learned counsel ..... of morals and quality of being appropriate. the word, propriety is explained in raman and raman ltd., vs. state of madras, reported in 1956 air (sc) 463. the said case was under the motor vehicles act, 1939, which was amended in 1948. in the said matter, under the act the permit granted to a transport company was a subject ..... the article 19 (c). the spirit behind the amendment of article 19 (c) is to motivate and encourage the co-operative movement. the policy is void ab initio and does not fall within the parameters of reasonable restrictions. it was submitted that the propriety means correctness and state government did not act in excess of the statutory authority. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... not find any case made out warranting interference. it accordingly dismissed the appeal. however, the undertaking given by the learned counsel appearing for the state of maharashtra that permanent employees of the appellants would not be terminated and they will be paid wages at the rate last drawn as per earlier orders of hon'ble apex ..... these lands were occupied by their ancestors and ancestors, as also their descendants stay on these lands and cultivate it. 9. he submits that neither 2006 amendment nor 2011 amendment have been assented to by the hon'ble president of india and hence, same are liable to be ignored and set aside. he is relying upon ..... this respect. he contends that in this background, in challenge of the present nature, the objection to locus of petitioners being raised by state government, is misconceived. 19. he has explained the amended provisions to urge that restoration of land to landlords / lessors is being done in most arbitrary manner. there are no guidelines and the .....
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..... dp plan over the tp scheme. besides, the phrase put into service in this subsection is only to provide for a suitable amendment . hon'ble court states that this enabling provision for an appropriate amendment in the dp plan cannot, therefore, be raised to the level of the provision contained in section 39 which mandates that ..... 2 and 3. thereafter, the writ petition came to be filed as respondents 1 to 4 did not discontinue the unauthorized construction. petition has been further amended to place the relevant developments date wise on record. those events and dates have a bearing on the defence of deemed sanction raised by the respondent 5. ..... the planning authority raises any objection, such officer can either make the desired amends or then submit the proposal for development with the objections raised by the planning authority to the state government itself as per subsection 2(ii) of s.58. the state government may, thereafter, in consultation with the director of town planning, approve .....
Tag this Judgment!Court : Mumbai Aurangabad
..... reference is given of section 2(a)(1) of the government notification dated 24th december, 2008, whereby the maharashtra civil services (general conditions of service) rules, came to be amended. the said rule 2(a) (1), reads thus, - "2. in rule 38 of the maharashtra civil services (general conditions of services) rules, 1981, (hereinafter referred ..... his correct date of birth is 16th january, 1958. the petitioner mentioned in his representation that in his school record; ssc certificate; pan card; driving licence; insurance policies purchased by him, everywhere his date of birth has been recorded as 16th january, 1958. the petitioner has also contended in the said representation that in ..... his date of birth was incorrectly recorded in the service book because of some inadvertent mistake on the part of the concerned employee, who has taken the said entry in his service book. as we have stated above, rule 38 casts an obligation upon the department to correctly record the date of birth of an .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , and in particular by way of filing additional affidavit, in the similar facts and circumstances, and in similar set of facts, the state government has absorbed, regularized and appointed the employees, though earlier they were appointed on clock hour basis or for part time, or for temporary period. therefore, keeping in view the fact ..... contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.? (emphasis supplied). 77. section 20 provides for power to amend the schedule by the central government. section 21 provides for school management committee. section 22 provides for school development plan. section 23 provides of qualifications for ..... is introduced. 18. it is the case of the petitioners that, right to education is a fundamental right guaranteed under article 21-a inserted by 86th amendment of the constitution. in order to implement the provisions of the rte act and further objectives thereof, it would be necessary that the posts of art .....
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..... submissions, we have noticed that the compass of controversy is extremely narrow. 6] facts relevant to the controversy are narrated as below: [a] petitioner is an employee of respondent no.3 corporation. [b] according to the petitioner, appointing, disciplinary, and removing authority of the petitioner is the municipal corporation i.e. ..... record certain documents in writ petition no. 6422 of 2012. therefore, the writ petitions were taken on board. the petitioner has sought leave to amend the petition. leave was granted. petitioner has added certain averments and certain documents. on the date of hearing, petitioner has also filed civil application ..... of this writ petition and pending decision on representation-cum-appeal dated may 09, 2011 and representation dated february 09, 2012, by respondent no.1state of maharashtra, respondent no.5commissioner (administrative head) may please be prohibited from issuing any consequential order / taking action, against petitioner, based on purported .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is further submitted that out of 28 employees, one employee, had deposed before the court, and in his cross examination he has specifically stated that he is deposing for himself and not for other employees. learned counsel also invited my attention to the admission given by the said employee in his cross examination. it is ..... submitted that the labour court travelled beyond the pleadings and the prayers in the application and granted reliefs in favour of the applicants, which was not prayed by them. learned counsel appearing for the petitioner pressed into service an exposition of this court in the case of life insurance ..... the learned counsel appearing for contesting respondents submits that alongwith the application, a chart was placed on record, in which claim of each of the employees was mentioned. learned counsel invited my attention to para 5 of the written statement filed by the petitioners herein before the labour court and submitted that .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court; (b) in any other case, make over the case to the chief judicial magistrate who shall ..... thereof. (2) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who tenders a pardon under ..... (pw-6) and kailas sonawane (p.w.7). both are municipal employees and attend the crematorium and used to take entry in the municipal register about the funeral or burial of the dead bodies. he stated that, kailas is the son of dayaram. 39. he further stated that, victim was doctor by profession and she used to conduct p.m .....
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