Court : Mumbai Nagpur
..... ex. 161, they had recovered 30 notes of rs.100/- denomination each from one bhaitala. the sessions court has not accepted this seizure as statement under section 27 of the evidence act was not found to be properly recorded. whether this evidence is admissible in departmental enquiry or not is a different question. if it is admissible, then these ..... to the sessions court at nagpur. the learned ad-hoc additional sessions judge, nagpur, who heard and decided sessions trial no.365 of 2000 for the offences punishable under section 489-a, 489-b 489-c of the indian penal code had, by judgment and order dated 10.05.2007, acquitted the petitioner. it is, therefore, submitted that ..... had placed the petitioner under suspension with effect from 17.1.1998 on the ground that the petitioner was arrayed as an accused in the complaint proceedings lodged under section 489-c of the indian penal code. the suspension order was received by the petitioner on 28.1.1998. the petitioner had made representation on 9.9. .....
Tag this Judgment!Court : Mumbai Nagpur
..... fact that the appellants were claiming deemed confirmation/permanency which declaration the tribunal thought it could not give in an appeal filed under section 59 of the maharashtra universities act, 1944 and also on the interpretation of three government resolutions dated 22/12/1995, 22/05/1998 and 18/10/2001 which it ..... even net/set cleared lecturers were to get seniority over their net/set uncleared seniors. it is rather doubtful, whether this tribunal under section 59 of the maharashtra universities act, 1994 can condone anything and declare any appointee-employee as permanent or deemed confirmed employee, without such appointment in clear terms with in ..... university that statute 53 of the university is binding on the colleges which are recognized and affiliated to the university. in terms of section 81 of the maharashtra university act, 1994, the management has to comply with the provisions of the statutes and ordinances once they are granted recognition or affiliation, and therefore .....
Tag this Judgment!Court : Mumbai Nagpur
..... come up. plans of all these 6 buildings i.e., 5 hostels and 1 college are all claimed to have been sanctioned by gram panchayat under section 52 of the 1958 act. under section 52(2), remedy of appeal is available to owner of construction, if he is aggrieved by any condition subject to which such sanction is granted or ..... 714--(shirdi nagar panchayat vs. gordia budget hotel) (learned single judge--para 2,7 and 8) is banked upon to show validity of such permission u/section 52. (j). section 142 of the 1958 act and it's scope as explained by full bench of this court in 2004(2) mah.l.j. 874-para 44 - (sanjay govind sapkal vs. ..... are no development plans, has asked the authorities to follow it. validity of this communication is not attacked before us by any of the respondents. section 323 of the 1965 act or its sub-section (6) have therefore no bearing on this matter. reliance upon its appendix to demonstrate that educational activities viz., college or hostel are allowed thereunder in .....
Tag this Judgment!Court : Mumbai Nagpur
..... foundation of the dispute mentioned in the order of reference was non-existent and that the true dispute was something else. it has been held that section 10(4) of the act does not make the tribunal competent to entertain such a question. 28. in lokmat newspapers pvt. ltd. v. additional labour commissioner and others, ..... the reference proceeded on assumption that the appellants were workmen and their services were terminated without any notice, charge-sheet, enquiry, in violation of section 25f of industrial disputes act. discussion in para 6 reveals that the effort of the learned counsel for the respondent to show inconsistencies in the claim made by the appellants ..... ble apex court had contended that the appellant - company was required to pay variable dearness allowance on the basis of notification issued under section 3 read with section 5 of minimum wages act. one of the contentions of the appellant before the hon'ble apex court was that the appellant - company was paying more than .....
Tag this Judgment!Court : Mumbai Nagpur
..... validity certificate is issued. the caste certificate issued by any person or authority other than the competent authority is invalid per se. under sub-section (2) of section 6 of maharashtra act no.xxiii of 2001, the applicant who desires to avail of the benefit or concession available to such caste has to apply to the ..... in future if occasion therefor arises, as he has retired. in this background, he has contended that new offence or disability/disqualification, envisaged under section 10 and section 11 of the act no.23 of 2001 cannot have any application in present facts, as both the petitioners had obtained their caste certificates before 1980. he points out ..... division bench also notes that an applicant for the issuance of a caste certificate must in his conduct and dealings in that regard display utmost good faith. section 8 of maharashtra act no. xxiii of 2001 cast the burden on the claimant applicant - (i) seeking the issuance of a caste certificate; (ii) in the inquiry conducted .....
Tag this Judgment!Court : Mumbai Nagpur
..... 20 schools in the vicinity and, therefore, no need of any other school is already on record. therefore, only planning authority had proposed minor modifications under section 37 of act of 1966 by deleting reservation for school by adding said land to playground. however, later on the said authority viz., respondent no. 3 has gone ..... . 12 as playground by deleting reservation of primary school and secondary school and for that purpose to seek minor modification in final development plan as per section 37 of act of 1966, could not succeed. but then details of those 20 schools in para 11 of the petition are not in dispute. the petitioners as ..... was to have entire ground for playground without any reservation for school and this was after nagpur municipal corporation passed a resolution to propose modification under section 37 of act of 1966 for this purpose. respondent 3 nagpur municipal corporation has dropped that proposal and as petition seeks something which is contrary to development plan, .....
Tag this Judgment!Court : Mumbai Nagpur
..... is committed, then it is immaterial when the defaulter in future is making the payment. had there been no minimum penalty prescribed under sub-section (3) of section 38 of the act, it would have been open for the adjudicating authority to consider the conduct of the defaulter and the extent of delay taking into account the ..... or omit specific words in a statute, it becomes the duty of the court to give full effect to the same. perusal of sub-section (2) of section 30 of the rddbfi act, indicate that for the debts recovery appellate tribunal, entertaining appeal against the order of the recovery officer, the only precaution seems to observe the ..... stands good "unless the context otherwise requires". the context in present facts when viewed in the light of section 2[b] of the rddbfi act & its section 19, section 20 and section 24 clearly rules out inclusion of appeal under section 30 within the meaning of "application" in present facts. the division bench has only found that the provisions .....
Tag this Judgment!Court : Mumbai Nagpur
..... and rice was less in quantity. he lodged report with police station, saoner and after investigation, offences punishable under sections 406, 409, 109 of the indian penal code read with sections 3 and 7 of the essential commodities act. 5. learned counsel for the applicant contends that in fact, go-down manager by name dattatraya bandelwar was ..... , mahavir international etc. it is the case of the applicant that he was sought to be prosecuted under sections 406, 409, 109 of the indian penal code read with sections 3 and 7 of the essential commodities act by the police despite the fact that he has been awarded contract by the government for transporting wheat, rice ..... fir registered by respondent pso, police station, khamgaon in crime no. 254/07 for the offences punishable under sections 406, 409 and 109 of the indian penal code read with sections 3 and 7 of the essential commodities act. 2. heard learned counsel for the parties. perused the application and reply filed by respondent-state. 3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... parties can demonstrate before said forum the substance in or frivolous nature of defence raised and how it is vital or irrelevant, in so far as jurisdiction under section 101 of 1960 act is concerned. hence, leaving the petitioners to invoke that remedy for redressal of their respective grievances, we dismiss both the petitions. the amount of rs.5, ..... that event it has to be held that claim made by the concerned applicant-society is not in respect of arrears due to it as envisaged under section 101 of the 1960 act. 22. in matters before us, no arguments have been advanced about the nature of defence raised and about need of cross examination, if that defence is ..... fixed deposit with creditor bank itself. 3. petitioners in writ petition no.1230/2009 have denied everything in their reply to the application by creditor society under section 101 of the 1960 act. they have stated that they have repaid more than rs. 1,10,000/- from time to time and that repayment needed to be adjusted against the .....
Tag this Judgment!Court : Mumbai Nagpur
..... parties can demonstrate before said forum the substance in or frivolous nature of defence raised and how it is vital or irrelevant, in so far as jurisdiction under section 101 of 1960 act is concerned. hence, leaving the petitioners to invoke that remedy for redressal of their respective grievances, we dismiss both the petitions. the amount of rs. 5, ..... that event it has to be held that claim made by the concerned applicant-society is not in respect of arrears due to it as envisaged under section 101 of the 1960 act. 22. in matters before us, no arguments have been advanced about the nature of defence raised and about need of cross examination, if that defence is ..... fixed deposit with creditor bank itself. 3. petitioners in writ petition no.1230/2009 have denied everything in their reply to the application by creditor society under section 101 of the 1960 act. they have stated that they have repaid more than rs. 1,10,000/- from time to time and that repayment needed to be adjusted against the .....
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