Court : Mumbai Nagpur
..... to grant revised pay-scales to teachers in affiliated colleges and the same was binding on the management as the service conditions of the academic staff were not purely of a private character and also had super-added protection by university decision creating a legal right-duty, relationship between the staff and the management and in the face of such relationship, mandamus could not be refused. ..... it is submitted that, it is an error apparent to hold that the vca performs public duty or public function in making payment of pension, relying upon the minority view of the judgment zee-telefilms (supra) and it has been equally error apparent to rely upon that view of the judgment in the case of zee-telefilms (supra) to hold the writ petition to be maintainable. ..... it ought to be considered that vca has not been created by any statute, no part of share is held by the state, no financial assistance is given by or received by vca, the monopolistic status acquired by vca has neither been conferred nor protected by the state. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the importance of protecting material resources has been highlighted in the decision of the supreme court in hinchal tiwari (supra) and same appears to have been given a go by in the impugned order. 12. ..... any allotment of land or grant of other form of largesse by the state or its agencies/instrumentalities by treating the exercise as a private venture is liable to be treated as arbitrary, discriminatory and an act of favouritism and/or nepotism violating the soul of the equality clause embodied in article 14 of the constitution. 67. ..... nevertheless, it is necessary to observe that once a piece of land is earmarked or identified for allotment to institutions/organisations engaged in any such activity, the actual exercise of allotment must be done in a manner consistent with the doctrine of equality. .....
Tag this Judgment!Court : Mumbai Nagpur
oral judgment: 1. this appeal is preferred against the judgment and order dated 9.7.2007 passed by the district judge-ii, akola in regular civil appeal no. 431 of 2000 whereby appeal of the present respondent was allowed and judgment and decree passed by the trial court dismissing the suit was set aside. 2. plaintiff (present respondent) filed rcs no. 829 of 1997 before the civil judge, sd, akola claiming following reliefs: (1) pass a decree in favour of plaintiff and against the defendants restraining them from not registering the vehicle of plaintiff permanently. (2) it may kindly be declared that the act of the defendants in not registering the vehicle as a transport vewhicle is an injustice upon the plaintiff and therefore, direction may kindly be issued to register the vehicle as transport-vehicle forthwith. (3) compensation may kindly be awarded to plaintiff and same be saddled on both the defendants jointly and severally. (4) .... (5) .....? 3. plaintiff was desirous to purchase mini-door three-wheeler of bajaj make and he approached district industries centre, akola for loan on 11.2.1997. dic recommended grant of loan to the tune of rs. 1,44,875/- in favour of plaintiff. vehicle was delivered to the plaintiff through dealer khandelwal automobiles, akola on 28.10.1997. plaintiff then on 29.10.1997 approached regional transport office. however, appellant/defendant no. 1 refused to register the vehicle as a transport vehicle on the ground that plaintiff had approached .....
Tag this Judgment!Court : Mumbai Nagpur
v.m. deshpande, j. 1. on reference being made by learned additional sessions judge, washim, the present confirmation case bearing criminal confirmation case no.1/2014 arises for confirming the capital punishment awarded by learned addl. sessions judge, washim in sessions trial no.51/2012 to condemned prisoner ramesh jijeba lahane. ramesh lahane has also independently challenged the said judgment by presenting criminal appeal no.301/2014. according to him, not only the capital punishment is excessive but the very finding of the learned judge of the court below holding him guilty of committing murder of vishwanath lahane, is unsustainable. (i) factual matrix the prosecution case as it is unfolded during the course of the trial, is narrated as below:- namdeo wamnrao rathod (pw 10) on 11.2.2012 was discharging his duties as police station officer of police station, washim (rural). on 11.2.2012 atmaram ukanda kalbande, police patil of village zakalwadi came to police station, washim (rural). he gave report (exh.32) that at 4 o clock in the noon on 11.2.2012, he received information that there is one dead body in the well situated in the agricultural field of pralhad chintaman kalbande. he further reported that on getting such information, he along with pralhad went to the field to notice that dead body of a unknown person was inside the well and it was stinking. upon receiving such information through report (exh.32), namdeo rathod (pw 10) registered an accidental death vide a.d. .....
Tag this Judgment!Court : Mumbai Nagpur
oral judgment: 1. heard learned counsel for the parties. submissions: 2. mr. atrey, learned counsel for petitioners in this writ petition, has submitted synopsis dated 23.09.2013 and the very first question raised is: (i) whether the icar and the institutes under its control including the petitioner no.2, is an industry under sec.2(j) of the industrial disputes act, 1947? 3. it appears that the said question was specifically raised and decided by the learned single judge of this court in the case of duryodhanhiraman ingole and ors.. vs.. indian council agriculture research and anr.; 2009 (4) bom.c.r. 107. this court, in paragraph nos. 31 and 31 observed thus: 31. the learned counsel for the respondents submitted that respondent nos. 1 and 2 cannot be termed as industries and, therefore, the provisions of industrial law would not at all be attracted. for this purpose, he placed reliance on a judgment of the supreme court in physical research laboratory v. k.g. sharma reported in : (1997) iillj 625 sc. physical research laboratory was a trust registered under the bombay public trusts act and was financed by the department of space, government of india. after considering the question as to what is industry as discussed in bangalore water supply and sewerage board v. a. rajappa, reported at : (1978) illj349sc, the court found on facts that the physical research laboratory was engaged in power research in space science. the labour court had also found that the work carried on by .....
Tag this Judgment!Court : Mumbai Nagpur
..... the object of the rule is to bring on record and the persons who are parties to the dispute relating to the subject-matter so that the dispute may be determined in their presence at the same time without any protection, inconvenience and to avoid multiplicity of proceedings.? ..... as already noticed, the court has discretion in the matter which must be judicially exercised and an alienee would ordinarily be joined as a party to enable him to protect his interests.? 10. .....
Tag this Judgment!Court : Mumbai Nagpur
..... there is no dispute that the government of maharashtra by the government resolution dated 16.6.2001 has straightway provided relaxation of 10 years to the candidates belonging to the handicapped categories after considering the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is urged that when basic design of framers is to permit only limited challenge before learned single judge, by interpretative process, that design needs to be protected and, therefore, it is essential to hold the language employed in last proviso to rule 18 also as illustrative. ..... to properly regulate and to provide for quick disposal of some matters and hence, appropriate matters have been assigned to learned single judge or to single bench so that simultaneously two judges become available to do that job with equal ability. .....
Tag this Judgment!Court : Mumbai Nagpur
..... arguments about "no prejudice" or "no opportunity", observance of this court in paragraph 13 of its judgment, are equally misconceived. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the quantum of benefit enjoyable each year is equal to sales tax liability of the previous year. ..... the petitioners are entitled to equal treatment and hence amended provision which denies it to them, is arbitrary and violative of article 14. .....
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