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
..... 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 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
..... 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
..... 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
..... supra is framed in exercise of powers conferred by clauses (c), (d), (i) (ii) and (j) of sub-clause (2) of section 3 of the essential commodities act, 1955 and all other enabling powers of state government. in exercise of same powers the state government has also formulated the maharashtra scheduled commodities, retail ..... chilly grinding machine and it was cancelled by the municipal council later on. the collector, in exercise of powers under section 308 of the maharashtra municipal council, nagar panchayats and industrial township act, 1965 suspended that resolution. the regional director (higher authority) held that no objection certificate was granted without considering ..... amrutrao tayade .vrs. the hon'ble minister for cooperation and others (supra), had occasion to consider similar challenge visavis provisions of the maharashtra cooperative societies act. one of us (b.p. dharmadhikari, j) is party to that judgment. in that judgment, the above mentioned larger bench judgment of hon'ble .....
Tag this Judgment!Court : Mumbai Nagpur
..... supra is framed in exercise of powers conferred by clauses (c), (d), (i) (ii) and (j) of sub-clause (2) of section 3 of the essential commodities act, 1955 and all other enabling powers of state government. in exercise of same powers the state government has also formulated the maharashtra scheduled commodities, retail ..... chilly grinding machine and it was cancelled by the municipal council later on. the collector, in exercise of powers under section 308 of the maharashtra municipal council, nagar panchayats and industrial township act, 1965 suspended that resolution. the regional director (higher authority) held that no objection certificate was granted without considering ..... amrutrao tayade .vrs. the hon'ble minister for cooperation and others (supra), had occasion to consider similar challenge visavis provisions of the maharashtra cooperative societies act. one of us (b.p. dharmadhikari, j) is party to that judgment. in that judgment, the above mentioned larger bench judgment of hon'ble .....
Tag this Judgment!Court : Mumbai Nagpur
Oral Judgment: This appeal arises out of the judgment and award dated 28.2.2007, passed by the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.5/1999. 2] Jeep bearing No. MH-30-B-11978 insured with the appellant met with accident on the road in between village Dapura and Deori in District Akola. The persons travelling in the jeep sustained injuries and some of them succumbed to those injuries. One Shankarrao inmate of the jeep died. His widow and children filed application for compensation. 3] Appellant raised defence of breach of terms and conditions of insurance policy. Tribunal negatived the same, after holding that the same has not been proved. 4] Mr. Dhanagare, learned counsel appearing for the appellant contended that the Tribunal was wrong in ignoring the recitals in the First Information Report. Therefore, he submits that the award passed against the appellant is not sustainable on facts and in law. 5] None appeared for the respondents. 6] The original petitioner no.2 Mano...
Tag this Judgment!Court : Mumbai Nagpur
..... accused had accepted rs.100/- as illegal gratification, otherwise than the legal remuneration and he was public servant and thereby he committed offence punishable under section 7 of the prevention of corruption act, 1988. as mentioned above, the answer to this first point is in the affirmative, still answer to point no.3, as mentioned above, ..... acceptance of rs. 100/- by the accused towards illegal gratification by corrupt or illegal means and thereby committed offence punishable under section 13(1)(d) read with section 13(2) of the prevention of corruption act 1988. 5] during the course of arguments, learned a.p.p. for the state pointed out the reasoning given by ..... this appeal preferred by the state challenging the judgment and order of acquittal of the respondent-accused for the offences punishable under sections 7, 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988. 2] the only question, that arose in the present appeal, is whether the finding arrived at by the .....
Tag this Judgment!Court : Mumbai Nagpur
..... . by the impugned judgment and order original accused no.1, present appellant (since deceased), was convicted for the offences punishable under section 7 and also punishable under section 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988. he was sentenced to undergo rigorous imprisonment for one year and to pay fine of rs.1,000/-, in default, to ..... to appreciate proper prospective of the matter and in order to ascertain whether material brought before the trial court warranted conviction for the offences charged under the prevention of corruption act. 3. on 07/6/1992 one narayan bhongade, father of the complainant submitted the application for mutation to be effected in the records of rights concerning his agricultural land. vide .....
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