Court : Mumbai Nagpur
..... reasons for such refusal, and furnish a copy thereof to applicant. 9. it can, thus, be seen from the perusal of sub-section (1) of section 22 of the slums act that no person shall except the previous permission in writing of the competent authority institute after the commencement of the maharashtra slums areas (improvement ..... intervenor, supports the submissions made on behalf of the respondent/tenant. 8. for appreciating the rival controversy, it would be necessary to refer to section 22 of the slums act. 22. proceedings for eviction of occupiers [or for issue of distress warrant] not to be taken without permission of competent authority. (1) notwithstanding ..... the respondent/tenant had approached the competent authority with an application seeking a finding that the permission of the competent authority was required under section 22 of the slums act. an order came to be passed by the competent authority on 14th october, 2010 thereby directing the appellant to obtain previous permission in .....
Tag this Judgment!Court : Mumbai Nagpur
..... the parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary of section 364a ipc cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for the same being declared as unconstitutional. judicial ..... the accused were in his company or immediately thereafter, 3. the dead body of the deceased was discovered on information given by the accused under section 27 of the evidence act from a place which was distinctly within the knowledge of the accused no.1, 4. the time gap between both the accused last seen in ..... in (2013) 2 supreme court cases 114 which reads thus: "17. recently, in h. siddiqui (dead) by lrs. v. a. ramalingam13, while dealing with section 65 of the evidence act, this court opined though the said provision permits the parties to adduce secondary evidence, yet such a course is subject to a large number of limitations. "12......in .....
Tag this Judgment!Court : Mumbai Nagpur
..... the period specified in the certificate. 10. we have already noted that there is no challenge to the scheme or constitutional validity of any provisions of 1958 act in this petition. section 3[2] or [3] thereof contemplate motor vehicles not used on any ground or then not kept for use in the state. vehicles rendered incapable ..... motor vehicle not capable of being used is expressly dealt with in this provision. these provisions are squarely for the purpose of environment tax levied under section 3a of the 1958 act. contention that a motor vehicle which has become scrap or cannot be used or factually has not been used, cannot be treated as a motor vehicle ..... is not relevant. moreover, we have already noted that the motor vehicle rendered unfit on any count is also subjected to bombay motor vehicles tax act, 1958 and definition of motor vehicle in section 2(2b) therein needs to be understood in this backdrop. 14. in madhukar balkrishna badiye and others .vrs. state of maharashtra and others ( .....
Tag this Judgment!Court : Mumbai Nagpur
..... dismissed. 17. for appreciating the rival controversy, it will be relevant to refer to clauses (f) and (j) of section 2, section 3, sub-section (1) of section 4, sub-section (1) of section 5, section 7 and section 8 of the act. clause (f) of section 2 of the act provides that proprietors? means the partnership firm, namely, the shivraj fine art litho works, nagpur, registered under the indian partnership ..... the aforesaid properties, which are not connected with the industrial undertaking, are sought to be acquired by the state government, by virtue of deeming provision provided under sub-section (1) of section 4 of the act without paying any compensation. perusal of the affidavit filed by the state government reads thus : 15) .. (ii) the value of the assets which have been declared by .....
Tag this Judgment!Court : Mumbai Nagpur
..... six months and to pay a fine of rs.500/- each in default to undergo simple imprisonment for fifteen days for the offence punishable under section 4 r/w section 25 of the arms act. (e) accused no.2-mangesh shivajirao chavan, accused no.7-pandurang motiramji injewar, accused no.12-mahesh damodhar bante and accused no.16- ..... by itself would not make any difference while testing their evidence or the case of prosecution. at any rate, the trial court on the anvil of section 145 of the evidence act tested this submission and given sound reasons with which we agree. 68. the submission that the commissioner of police was not cited as a witness and ..... dinesh s/o devidas gaiki and accused no.15 raju vitthalrao bhadre are acquitted of offences punishable under sections 186, 332, 353 and 307 of indian penal code, under section 4 read with section 25 of arms act and under section 135 of bombay police act. accused no.2 mangesh shivajirao chavan, accused no.6 mayur alias banti shivajirao chavan, accused no .....
Tag this Judgment!Court : Mumbai Nagpur
..... that the order passed by the chancellor suffers from patent lack of jurisdiction. it is submitted that source of power is stated to be section 11(1) of the said act. that section together with subsections, if perused, will not confer any power to direct an inquiry or cause an inquiry to be made in the appointments ..... deshpande submits that the report of the inquiry committee was accepted by the executive council. the chancellor has, thus, followed the entire procedure enumerated by section 11 of the said act. in these circumstances to urge that there was nothing before the chancellor or that the chancellor took a decision without any material before him, is ..... circumstances as stated above, i, k.sankaranarayanan, chancellor, dr.panjabrao deshmukh krishi vidyapeeth, akola, in exercise of the powers conferred upon me under section 11(5) of the act hereby issue directions to the vice chancellor to cancel the appointments of all these 83 sras and jras who were appointed as a result of the above .....
Tag this Judgment!Court : Mumbai Nagpur
..... that the order passed by the chancellor suffers from patent lack of jurisdiction. it is submitted that source of power is stated to be section 11(1) of the said act. that section together with subsections, if perused, will not confer any power to direct an inquiry or cause an inquiry to be made in the appointments ..... deshpande submits that the report of the inquiry committee was accepted by the executive council. the chancellor has, thus, followed the entire procedure enumerated by section 11 of the said act. in these circumstances to urge that there was nothing before the chancellor or that the chancellor took a decision without any material before him, is ..... circumstances as stated above, i, k.sankaranarayanan, chancellor, dr.panjabrao deshmukh krishi vidyapeeth, akola, in exercise of the powers conferred upon me under section 11(5) of the act hereby issue directions to the vice chancellor to cancel the appointments of all these 83 sras and jras who were appointed as a result of the above .....
Tag this Judgment!Court : Mumbai Nagpur
..... dealing with some core establishments by itself. it then follows that if any establishment is a factory within the meaning of sub-section (4) of section 1 read with section 2(12) of the state insurance act, irrespective of the fact that it is not covered by the government of maharashtra notification dated 19.11.1976, it would fall ..... persons, the appellant was surely out of area of operation of said notification. but, considering the nature of provisions contained in sub-section (4) of section 1 read with section 2(12) of the state insurance act, the number of persons employed and the activities carried on by the appellant, it is clear, these provisions did cover the ..... though the appellant-establishment is not covered by entry 3 in the schedule to the said notification, it is covered by sub-section (4) of section 1 read with section 2(12) of the state insurance act. 11. upon perusal of this provision relied upon by the learned counsel for the respondent and also the said notification, i .....
Tag this Judgment!Court : Mumbai Nagpur
..... for producing a false caste certificate or for securing an employment on the basis of such certificate. 33. under clause (a) of sub-section (1) of section 11 of the said act, mere obtaining of a false caste certificate by a mode specified therein, viz. by furnishing false information or filing false statement or documents or ..... upon the correctness of the information furnished and the material placed on record. this is the scope of enquiry or scrutiny laid down under sub-section (2) of section 6 of the said act read with sub-rule 9(a) of rule 12 of the maharashtra scheduled tribes (regulation of issuance and verification of) certificate rules, 2003 ..... way of scholarship, grant, allowance or other financial benefit shall be recovered from such person as an arrears of land revenue." in terms of sub-section (1) of section 10 of the said act, whoever not being a person belonging to any of the scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward .....
Tag this Judgment!Court : Mumbai Nagpur
..... used, their placement and the purpose for which the said provisions is made for. as such we find that the word suitable used in sub-section 7 of section 12 of the act cannot be given a restricted meaning that the person suitable must also possess the necessary educational qualifications and experience required for the post. the word any ..... by way of interim measure, he would not be in a position to be removed unless the chancellor follows the entire procedure as prescribed in sub-section 13 of section 12 of the said act. we find that such an interpretation would lead to an anomalous situation. 52. that leaves us to consider the next question as to whether ..... is without substance and is liable to be dismissed. 18. mr. bhangde, learned amicus on the contrary submits that perusal of various sub-sections of section 12 of the said act would reveal that the said section vests only one power i.e. to appoint a vice chancellor. he submits that the power to appoint regular vice chancellor is not .....
Tag this Judgment!