Court : Mumbai Nagpur
..... has considered the provisions of model standing order and classification of workman as badli or substitute or casual workman. chapter 5a of the industrial disputes act and section 25j has been looked into, to conclude that the same will prevail notwithstanding in consistent with any other law including standing order. but then, if ..... relates to regularization in public employment and has no bearing on an award for reinstatement of a discharged workman passed by the labour court under section 11a of the act without any direction for regularization of his services. thus, again on facts interference in writ jurisdiction is found unwarranted. 25. hon. apex court ..... 17 of the impugned judgment. the daily wager is entitled to relief of reinstatement with continuity of back wages moment violation of provisions of section 25f of industrial disputes act is established. 5. he invites our attention to constitution bench judgment reported at 2005 (2) scc 673( centralboard of dawoodi bohri community and .....
Tag this Judgment!Court : Mumbai Nagpur
..... . he further submits that its ratio or a general provision is not attracted when there is a provision to the contrary in a.p.m.c. act. section 39k (1) itself permits board to have regulations for administration of its affairs and hence board has to frame regulations for its functioning and even in ..... not find it necessary to delve more in this judgment. 52. in pandurangeknath khose and ors. vs. state of maharashtra, (supra), again provisions of section 45 of 1963 act are looked into by the division bench of this court. the respondents before the division bench contended that board was effectively consulted before ordering supersession. the petitioners ..... j. 1669, particularly paras 14 and 15. he submits that power to delegate cannot be inferred because of provisions of regulations which can be framed under section 39k of 1963 act, and draws support from the judgment in the case of m. chandru vs. member-secretary, chennai metropolitan development authority and anr ., (supra), particularly para .....
Tag this Judgment!Court : Mumbai Nagpur
..... by the other material on record. we are satisfied that the confession was voluntary and was not the result of inducement, threat or promise as contemplated by section 24 of the evidence act, 1872. 15.7. dealing with the situation of retraction from the extra-judicial confession made by an accused, the court in the case of rameshbhai ..... expert and though the handwriting expert was summoned and issued warrant, he had not appeared before the court, the learned trial judge, taking recourse to section 73 of the indian evidence act, has come to the conclusion that the contents of the letters were written by the accused and can be exhibited and can be considered as evidence. ..... the learned trial judge has refused to rely on the same, since it has been made to the investigating officer. in view of the provision of section 25 of the indian evidence act, no fault could be found with the view taken by the learned trial judge in not taking into consideration the extra-judicial confession made to the .....
Tag this Judgment!Court : Mumbai Nagpur
..... to the case of the petitioners. 21. admittedly, in the present case, the petitioners have not complied with the requirements of sub-section (2) of section 28 of the said act and the complaint to an appropriate authority with an intention to file the same has not been made. apart from this, there is another ..... the petitioners feels so, they can very well file a complaint to the appropriate authority in view of the provisions of section 190 read with section 200 of the criminal procedure code read with section 28 of the act. 29. insofar as the prayer clause (v) regarding direction to transfer the investigation to central bureau of investigation is concerned ..... centres etc., the authorities who are entitled to grant or refuse the registration, their functions, powers and duties, the offences and penalties. 18. section 28 of the said act provides that no court can take cognizance unless the complaint is made by the appropriate authority or any officer authorized in that behalf by the central .....
Tag this Judgment!Court : Mumbai Nagpur
..... if the evidence of the prosecutrix was found to be believable. as a matter of principle, there cannot be a dispute that the conviction for the offence punishable under section 376 can be recorded on the basis of oral evidence of the prosecutrix only even though there is no medical evidence. however, to arrive at such a conclusion, it ..... that a prosecutrix complaining of having been a victim of the offence of rape is not an accomplice. there is no rule of law that her testimony cannot be acted upon without corroboration in material particulars. she stands on a higher pedestal than the injured witness. in the latter case there is injury in the physical form while ..... search for reason for making such serious false allegations against the accused. as such, both the charges must fail. in fact, in my considered opinion, the charge under section 366a of the indian penal code was applied wrongly, as it was not applicable to the facts and circumstances of the case. in any event, the evidence does not .....
Tag this Judgment!Court : Mumbai Nagpur
..... the accused. learned additional public prosecutor further submits that since the deceased and the appellant were residing together, in view of the provisions section 106 of the evidence act, the burden was upon the appellant to explain the facts which were exclusively within his knowledge. learned additional public prosecutor further submits that ..... special knowledge of the accused, such as the circumstances in which or the intention with which an accused did a particular act alleged to constitute an offence. the language of section 106 evidence act does not, in our opinion, warrant putting such a narrow construction upon it. this court held in gurucharan singh v ..... is lower than the burden resting upon the prosecution to establish the guilt of an accused beyond reasonable 10. neither an application of section 103 nor of 106 of the evidence act could, however, absolve the prosecution from the duty of discharging its general or primary burden of proving the prosecution case beyond reasonable .....
Tag this Judgment!Court : Mumbai Nagpur
..... as mr. parse is concerned, as he is termed as a consumer. in any case, respondent no.2 cannot be termed as a consumer as per in section 2(15) of the said act. there was no bar in entertaining the proceedings filed by the respondent no.2. in my view, the provisions of regulation 6.7(d) are not attracted ..... tribunal, arbitrator or authority. it will also be proper to quote the definition of the term consumer appearing in section 2(15) of the electricity act, 2013 as the aforesaid regulation uses the word consumer. the definition of the word consumer appearing in section 2(15) is as follows: 2.(15) consumer means any person who is supplied with electricity for his own ..... use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being .....
Tag this Judgment!Court : Mumbai Nagpur
..... (2010(2) mh.l.j. 424) and state of maharashtra and ors. v. sanjay k. nimje (2007(3) mh.l.j. 795) and also section 10 of the maharashtra scheduled caste, scheduled tribes, de-notified tribes (vimukta jati), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification ..... the petitioner completed two years of service and therefore claimed to be deemed to have been confirmed in service as per section 5(2) of maharashtra employees of private schools (conditions of service) regulation act, 1977. the petitioner got her right crystalized in view of the observations of constitution bench (milind) (supra) along ..... of) caste certificate act, 2000, (maharashtra act no. xxiii of 2001), which is in force from 18.10.2001. the judgments read and referred by the learned judges but have taken different .....
Tag this Judgment!Court : Mumbai Nagpur
..... vicarious liability of the owner pursuant to the insurance contract. third party for whose benefit the insurance contract was entered in to is required to establish under section 166 of the motor vehicle act that the driver was negligent to drive the vehicle resulting in the motor vehicle accident and the owner of the offending motor vehicle is vicariously liable and that ..... defendants. in assessing damages against joint tortfeasors one set of damages will be fixed and they must be assessed according to the aggregate amount of injury resulting from the common act. the damages cannot be apportioned so as to award one sum against one defendant and another against the other defendant, though they may have been guilty in unequal degree. if .....
Tag this Judgment!Court : Mumbai Nagpur
..... family. the principles to determine liability and quantum of compensation which were laid down by the apex court were modeled in schedule-ii of the motor vehicles act, 1988 read with section 163a of the act of 1988 to arrive at just and fair compensation. in para 20 of sarlaverma's case (cited supra), it was observed that generally the actual income of ..... bearing in mind the loss of dependency, looking to the age of the deceased person as also the age of the dependents. thus, guided by second schedule read with section 163a of the act of 1988, the amount of compensation can be arrived at multiplicand by appropriate multiplier, just and reasonable compensation may be awarded and not bonanza for the claimants. in .....
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