Court : Mumbai Nagpur
..... information received by him as above. in the light of above evidence, thus, it cannot be said that the prosecution has even established strict compliance of section 42(2) of the act as evidence of p.w.1 deokare is silent to the effect that on receiving the information he reduced the same into writing and forwarded copy thereof ..... to his immediate superior officer, as contemplated under section 42(1) (2) of the act. even otherwise it is pertinent to note that p.w.1 deokare, in the cross-examination has clearly admitted that he did not reduce the information ..... fair investigation and trial". as already stated earlier, since the alleged contraband ganja involved in this appeal is recovered from the house, no compliance of section 50 of the n.d.p.s. act is attracted. however, evidence of p.w.1 deokare on this aspect when considered, even does not appear to be satisfactory in compliance to .....
Tag this Judgment!Court : Mumbai Nagpur
..... the estate would be entitled to receive said amount. it was clarified that this opinion was confined only in so far as no-fault liability under section 140 of the said act was concerned. in anju mukhi (supra) the accident in question took place on 10/02/1985. during pendency of the proceedings before the claims tribunal ..... nor as a respondent. the claim is being prosecuted only by the subsequently added claimants. 10. the locus to maintain an application for compensation under section 166 of the said act and grant of compensation based on dependency of the claimants are two distinct aspects. while it would be open for a legal representative to maintain ..... bus belonging to the respondent. said haroon lost his life in the accident. the mother and brother of said haroon filed a claim petition under section 166 of the said act. the claim petition was opposed by the respondent by filing its written statement. during pendency of the proceedings, the present appellants filed an application for .....
Tag this Judgment!Court : Mumbai Nagpur
..... of them by different termination orders which were accordingly issued. all the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the management and certain findings against ..... governed by statute 53 read with direction 22 of 2002 issued by the hon'ble vice-chancellor of r.t.m., nagpur university under sec. 14(8) of maharashtra universities act, 1994. thus the respondent no. 1 and all the respondents know and knew that the services of the appellant cannot be terminated without ..... the case of gulabchand chhotalal parikh...versus...state of gujarat, reported in air 1965 supreme court 1153, the hon'ble supreme court applied the rigours of section 11 of the code of civil procedure holding that a decision of writ petition under article 226 of the constitution of india will operate as res judicata .....
Tag this Judgment!Court : Mumbai Nagpur
..... viz. saoner gramin vividh karyakari sahakari sanstha maryadit, ralegaon, district yavatmal (for short, the said society). 3. in exercise of the power under sub-section (1) of section 78 of the said act, the respondent no.2 divisional joint registrar, co-operative societies, amravati division, amravati, passed an order on 12-5-2010 removing the respondent no.4 as ..... which the respondent no.4 prafulla s/o khushalrao mankar was the director, is a defaulting society, and hence a show cause notice under sub-section (1) of section 78 of the said act was issued on 26-2-2010 by the divisional registrar, co-operative societies, amravati, to the respondent no.4 as to why he should not ..... of rule 56a-35 relied upon by shri ghare, has any bearing on the question of removal of a member of the committee under sub-section (1) of section 78 of the said act. none of these provisions can also assist to substantiate the argument that the elected members of the committee of management or the elected director .....
Tag this Judgment!Court : Mumbai Nagpur
..... the following authority was taken shelter of on behalf of the appellant mentioning that where the gratification is too trivial, the court may decline to draw presumption under section 20 of prevention of corruption act, 1988, said authority is as under: (1) (2009) 6 scc 587 : a. subair vs. state of kerala. 18. on the delay in ..... out the ratio of the above authorities, it is submitted on behalf of the appellant that the special court should not have raised presumption under section 20 of the prevention of corruption act, 1988 in absence of proof of specific demand by the accused. again on this aspect, reliance was placed on the following authorities as to ..... appellant/original accused challenging the judgment and order dated 07.05.2003, by which the appellant/original accused was convicted of the offence punishable under section 7 of prevention of corruption act, 1988 and sentenced to undergo imprisonment for six months and to pay a fine of rs.500/- in default of payment of fine to undergo .....
Tag this Judgment!Court : Mumbai Nagpur
..... of them by different termination orders which were accordingly issued. all the three employees filed three different appeals before the university and college tribunal under section 59 of the maharashtra universities act, 1984. these appeals were heard and disposed of by the tribunal and were allowed with certain findings against the management and certain findings against ..... governed by statute 53 read with direction 22 of 2002 issued by the hon'ble vice-chancellor of r.t.m., nagpur university under sec. 14(8) of maharashtra universities act, 1994. thus the respondent no. 1 and all the respondents know and knew that the services of the appellant cannot be terminated without ..... the case of gulabchand chhotalal parikh...versus...state of gujarat, reported in air 1965 supreme court 1153, the hon'ble supreme court applied the rigours of section 11 of the code of civil procedure holding that a decision of writ petition under article 226 of the constitution of india will operate as res judicata .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the dependents. the supreme court, restored the decision of the tribunal by observing thus; 15. in the present case, the claimants had filed for compensation under section 166 of the motor vehicles act, 1988. the original claim petition had been filed by the mother and brother of the deceased and the deceased was 33 years of age when he died in ..... deduction on this account. the contention that deduction on that count cannot exceed one-third on the ground that there is some statutory recognition in the second schedule to the act for such deduction, is untenable. the said deduction would depend upon the facts and circumstances of each case. in the present case, no evidence was led on this point as .....
Tag this Judgment!Court : Mumbai Nagpur
..... shows that a third person who is not otherwise a dealer or commission agent, may also be covered and found himself subjected to the provisions of bombay sales tax act. section 38b is about special powers of sales tax authorities for recovery of tax as arrears of land revenue. it enables the department to recover tax from any other person ..... appears in chapter vii dealing with proceedings and it speaks of bar to challenge to an order of assessment or to an order passed under bombay sales tax act. orders passed under section 38-b, 38-c and 39 against such third person shall be definitely subjected to such bar and hence, those orders cannot be called in question ..... the order of the first appellate authority. 7. in this background, shri n.c. phadnis, learned counsel appearing on behalf of the petitioner state that section 55 of the sales tax act, does not deny remedy of filing appeal to the present petitioner, and present petitioner is aggrieved, in as much as entire amount of so called sales .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the corporation and the services of the complainants were transferable to the dye house, which was a factory?, as defined in clause (m) of section 2 of the factories act, and consisted of the posts of junior clerks on the establishment. it has been held that the entire establishment of the corporation consisting of all departments ..... statement that there is no functional integrality between the dye house of the corporation, which is a factory? within the meaning of clause (m) of section-2 of the factories act, and the other establishments of the departments of the corporation where the complainants were working. as pointed out earlier, the findings of both the courts ..... workmen are entitled to be reinstated with full back-wages and continuity of service.? it has been held that in terms of sub-section (7) of section 25-n of the industrial disputes act, the workmen therein were entitled to a declaration that the notices of retrenchment are illegal from the date of the said notices for .....
Tag this Judgment!Court : Mumbai Nagpur
..... of other members to form requisite quorum may be made compulsory for the grievance committee to be properly constituted for to function under the act. section 46(3) of the muhs act provides that the quorum for the meeting shall ordinarily be at least one-third of the sitting members and if there is no quorum ..... objection as to the requisite quorum and they cannot now turn round to contend that the quorum was not proper. under subsection (a) of section 92 of the muhs act, no acts or proceedings shall be deemed invalid merely on the ground of non availability of the members to attend the meeting of any authority, body or ..... and other educational institution. respondent no.1 is the university established under the provisions of the maharashtra university of health sciences act, 1998 (hereinafter referred to as muhs act). under section 53 of the said act, a grievance committee is constituted to deal with the grievances of the teachers and other employees of the university, colleges, institutions .....
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