Court : Mumbai Nagpur
..... the criminal proceedings were pending against him. on 13.8.2012 petitioner was relieved from his service. on 16.8.2012 petitioner preferred oa under section 19 of the administrative tribunals act, 1985 before the tribunal. oa so filed by the petitioner was dismissed on 27.8.2012. aggrieved thereby, the petitioner has filed the present ..... a time it happens that people are falsely implicated in criminal cases and ultimately, they get clean acquittal. it is a common experience that in the cases under section 498a of the indian penal code, many a times all family members of the husband are impleaded as accused just to twist the arms of the husband. ..... order passed by the tribunal. according to learned assistant government pleader, since a criminal case was pending against the petitioner for the offences punishable under sections 420, 468, 471 read with section 34 of the indian penal code, it was within the jurisdiction of the appointing authority i.e. respondent no. 3 to terminate the services .....
Tag this Judgment!Court : Mumbai Nagpur
..... into consideration the notice dated 27.02.2002 issued by the plaintiffs. as observed herein above, there was no legal requirement of issuing any notice under section 106 of the said act for determining the tenancy. hence, both the courts misdirected themselves while considering the issue of limitation.10. as regards the decision relied upon by the learned ..... the respondents opposed aforesaid submissions. he submitted that as the appellants continued in possession even after 09.04.1988, it was necessary to issue notice under section 106 of the said act. he submitted that even if the lease came to an end on 09.04.1988, the respondents were required to obtain permission of the rent controller ..... of rent and that the suit was barred by limitation.4. the trial court held that the plaintiffs had terminated the lease by issuing notice under section 106 of the said act. it further held that the suit as filed was within limitation as it was filed before expiry of 12 years from issuance of notice dated .....
Tag this Judgment!Court : Mumbai Nagpur
..... of being used for agricultural purpose. when once this aspect had become final, the learned commissioner could not have reopened the same in revisional proceeding under section 45(2) of the act. 13. as we find that the order of the commissioner cannot be sustained on facts, we do not feel it necessary to advert to the ..... case of shambhusingh dhansingh jadhavrao (supra) and this court found that the test as to whether a land would be covered within the meaning of section 2(16) of the act is whether the land is capable of being used for the purpose of agriculture. merely because trees are standing on such land would not bring it ..... , submitted that there was no prohibition for initiating the suo motu revisional proceedings, notwithstanding the fact that the possession of the land was taken under section 21 (4) of the ceiling act. he submitted that the learned single judge has considered this aspect and has rightly come to the conclusion that the learned commissioner was justified in initiating .....
Tag this Judgment!Court : Mumbai Nagpur
..... of the rent controller is necessary before giving a notice determining the lease. after obtaining such written permission, the lease can be determined by issuing notice under section 106 of the transfer of property act. however, for determining a 'licence', no written permission of the rent controller is necessary. the distinction between a lease and a licence is well recognised. as noted ..... itself has been taken up for final consideration. 3. the respondent-original plaintiff claims to be a public trust that is duly registered under the provisions of bombay public trust act, 1950. the object of the trust is promotion and propagation of khadi and village industry in the city of wardha. in the premises owned by it, a stall admeasuring 29 ..... oral judgment: 1. in this appeal filed under section 100 of the code of civil procedure, the appellant-original defendant has challenged the decree for possession passed in respect of a stall in the premises owned by the respondent- .....
Tag this Judgment!Court : Mumbai Nagpur
..... , which is required to be affiliated to the zilla karmachari sahakari pata sansthancha sangha maryadit, bhandara, attracting the provision of consultation under sub-section (1) of section 78 of the said act. the affidavit should also state as to why the bhandara district central co-operative bank cannot be termed as a federal society so far ..... be that there existed two federal societies, viz. the said bank and the said sangh, to which the respondent no.4-society was affiliated. the authority acting under section 78 was also under impression that there existed two federal societies, to which the respondent no.4-society was affiliated, and hence the consultation was sought with ..... the board of directors or not. 15. it is now well-settled position of law that the requirement of prior consultation under sub-section (1) of section 78 of the said act is mandatory and in order to demonstrate that there was an effective consultation with the federal society, the record must indicate that there was .....
Tag this Judgment!Court : Mumbai Nagpur
..... nagpur. thereafter, on 13-02-2012 an industrial dispute arising between the parties was referred to the industrial court for its adjudication in terms of section 10(1) of the act of 1947. the dispute as referred was mentioned in the schedule appended thereto. in aforesaid reference proceedings, the union filed a statement of claim ( ..... as the extent thereof? 10. the aforesaid is the industrial dispute that was referred by the appropriate government to the industrial court for adjudication under section 10 of the act of 1947. in this background, the other issues relating to the statement of claim filed by the petitioner union and opposition thereto by the ..... scope of aforesaid reference has rightly not been permitted to be expanded so as to consider an industrial dispute that was not referred for adjudication under section 10 of the act of 1947. in absence of any jurisdictional error no case has therefore been made out to exercise writ jurisdiction. the writ petition, therefore, fails .....
Tag this Judgment!Court : Mumbai Nagpur
..... to the irrigation department and according to the respondent, he was entitled to benefit there under. in this background, the respondent had filed complaint under section 28 of the act of 1971 seeking relief of regularizing his services by invoking items 5, 6 and 9 of schedule-iv thereof. hence, on 19-10-2004, ..... was filed. in that background, the respondent sought permission to withdraw aforesaid complaint with liberty to approach the labour court for seeking relief under section 33c(2) of the said act. the industrial court, bhandara by order dated 31-3-2005 permitted the respondent to withdraw the complaint and granted permission to approach the ..... was filed, said proceedings were not tenable. the respondent, therefore, withdrew aforesaid complaint with liberty to file fresh proceedings. accordingly, application under section 33c(2) of the said act was filed claiming difference of wages from the year 1987 to 2000. the aforesaid benefit was claimed in terms of clause 28 of kalelkar award .....
Tag this Judgment!Court : Mumbai Nagpur
..... of other members to form requisite quorum may be made compulsory for the grievance committee to be properly constituted for to function under the act. section 46(3) of the muhs act provides that the quorum for the meeting shall ordinarily be at least one-third of the sitting members and if there is no quorum ..... objection as to the requisite quorum and they cannot now turn round to contend that the quorum was not proper. under subsection (a) of section 92 of the muhs act, no acts or proceedings shall be deemed invalid merely on the ground of non availability of the members to attend the meeting of any authority, body or ..... and other educational institution. respondent no.1 is the university established under the provisions of the maharashtra university of health sciences act, 1998 (hereinafter referred to as muhs act). under section 53 of the said act, a grievance committee is constituted to deal with the grievances of the teachers and other employees of the university, colleges, institutions .....
Tag this Judgment!Court : Mumbai Nagpur
..... the definition of the 'principal employer' under section 2(17) of the said act need to be reproduced as under; 2(17) principal employer ,means- (i) in a factory, the owner or occupier of the factory and includes the managing ..... for the appellant. it is urged that the respondent nos.1(i) and 1(ii) are the legal representatives of the 'principal employer' as defined under section 2(17) of the said act and hence, they are liable to pay the dues assessed against the original respondent no.1, the principal employer. 6. in order to consider this question, ..... that the respondent no.1 was the managing director looking after the day-to-day affairs of the company, he being the principal employer under section 2(17) of the e.s.i. act, is not personally liable for payment of contribution and the recovery certificates against him are not legal? 4. undisputedly, the respondent no.2 factory .....
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 .....
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