Court : Mumbai Aurangabad
..... through her advocate, did not file the written statement. it is further case of the revision applicant that, by the amendment, the grounds for nullity of marriage have been raised in the petition. by filing the written statement to the amendment, the contention has been raised that, she was subjected to cruelty by the applicant and his family members and unlawful demand .....
Tag this Judgment!Court : Mumbai Aurangabad
..... sc 1074 = (1993) 4 scc 727, has dealt with the aspect of the right of a workman in disciplinary proceedings. the 15th amendment to the constitution gave the workman / employee a right to show cause on the charge sheet and then the second right to show cause on the quantum of punishment. by the 42nd ..... to reasonableness will remain with the executive or administrative authority. the secondary judgment of the court is to be based on wednesbury and ccsu principles as stated by lord greene and lord diplock respectively to find if the executive or administrative authority has reasonably arrived at his decision as the primary authority. (4 ..... the validity of administrative action. but even long before that, the indian supreme court had applied the principle of 'proportionality' to legislative action since 1950, as stated in detail below. 28. by 'proportionality', we mean the question whether, while regulating exercise of fundamental rights, the appropriate or least restrictive choice of measures .....
Tag this Judgment!Court : Mumbai Aurangabad
..... ecil and others vs. b.karunakar and others, (1993) 4 scc 727, has dealt with the distinction between the 15th amendment and the 42nd amendment to the constitution. under the 15th amendment to article 311, an employee had two rights. firstly, a right to show cause on the charge sheet and secondly, to show cause on the proposed ..... to the disciplinary authority, that would not constitute any additional material before the disciplinary authority of which the delinquent employee has no knowledge. however, when the inquiry officer goes further and records his findings, as stated above, which may or may not be based on the evidence on record or are contrary to the same ..... are arrived at by overlooking the evidence or misconstruing it, could themselves constitute new unwarranted imputations. what is further, when the proviso to the said article states that "where it is proposed after such inquiry to impose upon him any such penalty such penalty may be imposed on the basis of the evidence adduced .....
Tag this Judgment!Court : Mumbai Aurangabad
..... from 16.08.1981 the date of birth of government servants cannot be changed after five years from 16.08.1981. assuming this notification is applicable only for employees who joined after 16.08.1981, even then according to the 'instruction (1)' of the maharashtra rules, 1981 that no application for alteration of entry regarding ..... entry regarding date of birth of the government servant pending with the government on the date of commencement of the maharashtra civil services (general conditions of services)(amendment) rules, 2006 shall be processed after the date of retirement of such government servant and such application shall automatically stand disposed of as rejected on the date ..... be either that entered by the military authorities in his form of attestation when he first joined the army or, if at the time of attestation he stated only his approximate age, the date arrived at by deducting the number of years representing his age from his date of appointment. note 1. the latest discharge .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 19. at this stage, mr.shahane submits that the petitioners have not challenged their termination and may desire to do so. needless to state, since the termination is a separate cause of action, which an employee can assail, this court need not comment upon the said aspect and the said issue is, therefore, left open to the petitioners to ..... within the domain of the industrial court. i, therefore, do not find any perversity in the order dated 22/08/2000 passed by the industrial court, by which the amendment application, was rejected. 11. the learned apex court in paragraph nos.3 to 10 of its judgment in the matter of bhilwara case (supra) has observed as under: ..... dated 05/11/2001 was passed. 8. the petitioners have also challenged an order dated 22/08/2000 by which the proposed amendment has been refused by the industrial court. the petitioners had sought to amend the complaint to the extent that they were retrenched and they deserve to be reinstated with continuity and back wages. 9. mr. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... not become applicable. (ah) the receipt of having received compensation under the third settlement is on record. (ai) the witness of the employees, namely, laxman tanha kharat stated in his cross-examination that the employees had signed blank papers, though he volunteered to say that they were signed under pressure. (aj) said witness denied the fact of ..... such like matters frequently arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in ..... and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is a part of process of investigation. in cr.p.c. itself classification of offences is done as serious offence (cognizable offence) and less serious offence. though the amendment to section 41 of cr.p.c. came to be made in the year 2009, the powers still remain with police to arrest. only thing that is changed is ..... is custodial interrogation. the satisfaction of the investigating officer is important in this regard. in appropriate cases the orders of anticipatory bail made need to be challenged by the state as there is always possibility of commission of mistakes and those mistakes can be corrected by higher courts. 20) from the position of law quoted above and in view ..... submitted that the learned additional sessions judge has not committed any error. the cases cited were as follows:- (i) 2009 (7) scc 559 [sukhwant singh and ors. vs. state of punjab] and (ii) air 1980 sc 785 [niranjan singh and anr. vs. prabhakar rajaram kharote and ors.]. 10. it is a fact in the present matters that both .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and have the same cause of action adjudicated without relegating the defendant to file a separate suit. acceptance of the contention of the appellant tends to defeat the purpose of amendment. opportunity also has been provided under rule 6-c to seek deletion of the counter-claim. it is seen that the trial court had not found it necessary to delete ..... same suit, both the claim in the suit and the counter-claim could be tried and decided and disposed of in the same suit. in mahendra kumar and anr. v. state of madhya pradesh and ors. [(1987) c scc 265] where a bench of two judges of this court was to consider the controversy, held that since the cause of action ..... was added as defendant no.1, original plaintiff as defendant no.2, the management of credit co-operative society as defendant no.3 and special recovery officer appointed by the state government as defendant no. 4. it will not be out of place to mention here that defendant nos. 3 and 4 are neither party to the suit preferred by plaintiff .....
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