Court : Mumbai Nagpur
..... c.r. 657). in the said matter, the issue involved was bifurcation of some market committees in the state of maharashtra under section 44 of the apmc act. section 44 of the apmc act also provides for consultation with the state marketing board before taking any decision of amalgamation or division of the market committee. in the ..... course of discussion, the division bench also referred to the provisions under section 45 of the apmc act and referring to the observations made in the earlier judgment by another division bench of this court in the case of market committee, dharni, ..... judgment in the case of ravindra m.gaikwad vs. state of maharashtra (2001eq(bom)0827: mhlr20013420). in the said matter, consultation under section 78 of the maharashtra cooperative societies act, 1961, before passing any order of removal of member from the board of directors was for consideration. shri ghare submitted that the aforesaid .....
Tag this Judgment!Court : Mumbai Nagpur
..... thus, the fact about the death being homicidal in nature also cannot be said to be conclusively established. 29. the last circumstance, as based on section 106 of the evidence act, can come into play only when there is some semblance of prosecution evidence/circumstances pointing to the guilt of the appellant. it is trite that while ..... of lalita was caused as it was within his special knowledge. it is submitted that the learned sessions judge, was justified in relying upon the provisions of section 106 of the evidence act, as one of the circumstance, to hold the appellant guilty. it is, therefore, submitted that the appeal be dismissed. 9. pw10 dr. aruna bhilawekar ..... not properly explained by the prosecution and in that view of the matter, the circumstances, as relied upon by the learned sessions judge, based on section 106 of the evidence act could not have been called into aid. it is submitted that if both these circumstances are excluded, the only other circumstance about motive, even if .....
Tag this Judgment!Court : Mumbai Nagpur
..... seeking eviction of the tenant. there being no requirement in law to issue a separate demand notice to the sub-tenant who did not answer the requirements of section 25 of the said act, its non-service on the sub-tenant would not prejudice the case of the landlady especially when the demand notice was duly served on the tenant. 13. ..... eviction on the ground of arrears of rent had been rightly passed as the tenants and the sub-tenant had not complied with the provisions of section 15(2) and section 15(3) of the said act. the arrears of rent not having been cleared, the decree for eviction had been rightly passed by the courts below. in that regard the learned ..... by judgment dated 11-4-2011, the trial court decreed the suit. 5. the tenant and the sub-tenant challenged the aforesaid decree by filing an appeal under section 34 of the said act. this decree was not challenged by the respondent no.2. during pendency of the appeal, the landlady gave up the claim of eviction based on the ground of .....
Tag this Judgment!Court : Mumbai Nagpur
..... to demonstrate that computation of 100% of fixed capital investment as per amendment dated 05.07.1982 is during and for entire period of eligibility while section 41c of the act speaks of gross fixed capital investment as approved on the date of issuance of eligibility certificate. he requested the court to permit the petitioners to ..... . this provision has been further amended with effect from 01.10.1995. as per this subsequent amendment, sub-clause (i) in clause (a) in section 41c of the act is substituted and a concept of approved gross fixed capital investment at the time of grant of eligibility certificates has been added. thus, by virtue of this ..... 1982. the facts stated in this additional affidavit have not been denied by the respondents during later hearings and till date. 5. the provisions of section 41c of the act stipulate that eligibility certificates issued to units like the petitioners shall be deemed to be automatically cancelled on the date on which the cumulative quantum of .....
Tag this Judgment!Court : Mumbai Nagpur
..... eknath, manisha and shegokar, investigating officer indicating that manda is killed by accused by smashing her by stone. as such, said statement becomes admissible under section 6 of indian evidence act, 1872. 29. the prosecution case is further found substantiated from chemical analyser's report on record (exh. 69) as no poisonous substance was found ..... manda from akshay, who admittedly could not be examined since dead prior to trial. the learned additional public prosecutor then by referring to provisions of section 6 of indian evidence act, 1872 has contended that based on the above provision, evidence of akshay since lends support to the case of prosecution, it can be duly ..... manda was in the company of accused and since accused and deceased were last seen together, theory of last seen together and provisions of section 106 of indian evidence act, 1872 are squarely applicable in the instant case. on the other hand, the learned counsel for the defence could not make convincing submissions .....
Tag this Judgment!Court : Mumbai Nagpur
..... prescribed manner. 9. a plain reading of the said notice, therefore, indicates that all the necessary ingredients of a notice of retrenchment as prescribed by section 25f of the act of 1947 have been duly stated therein. 10. it is now necessary to consider whether the workman was retrenched after being given due notice under aforesaid ..... court in anup sharma vs. executive engineer, pubic health division no.1 panipat (haryana) (2010) 5 scc 497 and submitted that the mandatory provisions of section 25f of the act of 1947 were required to be complied with. 8. i have carefully considered the respective submissions and i have gone through the documents filed on record. ..... petitioner examined himself vide exhibit-26 and stated that he had not been paid any retrenchment compensation nor was any notice as required under provisions of section 25f of the act of 1947 issued. in his cross-examination, he stated that notice dated 26-3-1987 had been issued before retrenchment and that all formalities were .....
Tag this Judgment!Court : Mumbai Nagpur
..... , the question arises which article of either first schedule or second schedule would apply. insofar as the challenge to an award made under the 1940 act is concerned, an application under section 13 of that act could be made to a civil court and therefore, payment of court fee was governed by article 1(a) of schedule ii which read as ..... award shall be enforced under the code of civil procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the court. section 35 under the said act deals with the finality of the arbitral award which shall be binding on the parties and persons claiming under them respectively, subject to the other provisions in part ..... the court fee is payable in terms of article 13 in schedule ii or article 4 in schedule i of the maharashtra court fees act? 6. sections 35 and 36 of the arbitration and conciliation act, 1996 are reproduced below : 35. finality of arbitral awards. subject to this part an arbitral award shall be final and binding on the parties .....
Tag this Judgment!Court : Mumbai Nagpur
..... complicity. these judgments therefore can not save the situation for respondent accused satish and sadhana as also vilas. 51. learned app has invited attention to section 102 r/w section 106 evidence act relied upon the judgment of hon'ble apex court in jagdish v. state of m.p., (2009) 9 scc 495, where in para 22 ..... by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive the court to draw a different inference. section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are particularly within the ..... by virtue of his special knowledge regarding such facts, failed to offer any explanation which might drive the court to draw a different inference. section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are particularly within the .....
Tag this Judgment!Court : Mumbai Nagpur
..... shared a common object.(xiv) in the alternative, learned counsel submitted that the offence would not be of murder and, at the most, would fall either under section 304 part i or section 304 part ii of indian penal code and the impugned judgment needs modification.8. the counsel for the appellants relied on the following decisions -(a) (2001) 7 ..... appeals to imprisonment for life and to pay fine of rs.5,000/-, in default to suffer rigorous imprisonment for two months for the offence punishable under section 302 read with section 149 of indian penal code and sentencing them to undergo imprisonment for five years and to pay fine of rs.3,000/-, in default to suffer rigorous ..... dilip and others with sticks. all the three, i.e. accused no.2 digambar, accused no.3 yogesh and accused no. 6 devidas, were together in doing this act and, in our opinion, these accused persons are liable to be held guilty of the offence of culpable homicide not amounting to murder. looking to the medical evidence and .....
Tag this Judgment!Court : Mumbai Nagpur
1. Rule, returnable forthwith. Heard by consent of the parties.2. The petitioner has challenged the order dated 16/9/2010 issued by the Headmaster thereby placing the petitioner under suspension.3. Shri Shende, learned counsel for petitioner, has submitted that the Headmaster had no authority to suspend the petitioner because such power is vested with the management under sub-rule 1 of Rule 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 which runs as follows "35. Conditions of suspension.(1) In cases where the Management desires to suspend an employee, he shall be suspended only with the prior approval of the appropriate authority mentioned in rule 33."4. Subrule 1 of Rule 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 contemplates that an employee can be suspended with the prior approval of the appropriate authority "where the Management desires to suspend an employee". This shows that the real authority t...
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