Court : Mumbai Nagpur
..... shows that a third person who is not otherwise a dealer or commission agent, may also be covered and found himself subjected to the provisions of bombay sales tax act. section 38b is about special powers of sales tax authorities for recovery of tax as arrears of land revenue. it enables the department to recover tax from any other person ..... appears in chapter vii dealing with proceedings and it speaks of bar to challenge to an order of assessment or to an order passed under bombay sales tax act. orders passed under section 38-b, 38-c and 39 against such third person shall be definitely subjected to such bar and hence, those orders cannot be called in question ..... the order of the first appellate authority. 7. in this background, shri n.c. phadnis, learned counsel appearing on behalf of the petitioner state that section 55 of the sales tax act, does not deny remedy of filing appeal to the present petitioner, and present petitioner is aggrieved, in as much as entire amount of so called sales .....
Tag this Judgment!Court : Mumbai Nagpur
..... courts below ought not to have been decided again. therefore, both the impugned judgments and orders suffer on the count that principle of res judicata as stated in section 11 of the civil procedure code is completely ignored resulting in failure of justice. 7. my attention is invited to exh.62 which was certified copy of judgment and ..... aware and party to the litigation. 6. learned counsel appearing for the appellant/plaintiff submits that in view of the principle of res judicata as mentioned in section 11 of the civil procedure code to argue that it was not open for the trial court below to try the same issue which was framed and decided in the ..... thus, there is no absolute bar for second appellate court to interfere with the finding of facts in exceptional cases wherein the courts below ignored the material evidence or acted on no evidence; when the courts below drew wrong interference from the proved facts by applying law erroneously; and when the courts have wrongly cast the burden of .....
Tag this Judgment!Court : Mumbai Nagpur
..... this later law, therefore, provides a more effective and impartial forum for decision of such disputes and to that extent, eclipses the jurisdiction under section 3(7)(f) of the management act.? 12. rule 17 of 1981 rules enables only a teacher to continue even after completion of age of superannuation only in limited situations and by ..... schools in the state of maharashtra, whether receiving any grant-in-aid from the state government or not. (2) notwithstanding anything contained in sub-section (1), the provisions of this act shall not apply to the recruitment, conditions of service and conduct and discipline of the head of a minority school or any other persons (not exceeding ..... of a fresh appointment or re-appointment on the post of head master. according to the learned counsel, exemption granted to a minority school under section 3(2) of the meps act, is squarely attracted in the present case. the learned counsel further argued that right to appoint a person of its choice as head master .....
Tag this Judgment!Court : Mumbai Nagpur
..... /speaking to minutes/clarification about arguments on application [exh.144]?yes. the court became functus officio. no such application could have been entertained except as provided by [section 152, or review], civil procedure code.[5] what order?regular 302/1979 is remanded to the learned trial judge [civil judge] for a fresh trial. 11. answer to ..... in fact, exh.144 was the only second effective adjournment sought for, which was refused. thus, in the trial court itself, it is the plaintiff who acted most unreasonably by opposing the application [exh.144], even though the ground about illness of advocate was mentioned and was not disputed. the learned trial judge, ..... under article 215) and the supreme court (under article 129) are recognized as courts of record. a motor accident claims tribunal constituted under the motor vehicles act, 1988 is a civil court of limited jurisdiction, and is certainly not a court of record. the infallibility of its formal record is one of the earliest .....
Tag this Judgment!Court : Mumbai Nagpur
..... and the senior college in which he was working is an 'industry'. the petitioner was entitled to canvass his grievance about violation of mandatory provisions of the id act namely section 25-f and 25-g and rule 81 of the industrial disputes (bombay) rules, 1957 since there was a breach of statutory provision of central law. he ..... petitioner was a daily wager with effect from 13.07.1992 and could not be termed as a peon or regularly appointed person, within the meaning of section 59 of the act of 1994. the junior employees indicated by the petitioner are permanent employees but for mr. bawankar, who is also a daily wager like the petitioner. ..... was in employment as usual. his retrenchment was illegal and bad in law. he, therefore, challenged his termination before the university and college tribunal under section 59 of the maharashtra university act, 1994 by filing appeal. respondent nos. 1 and 2 filed their reply and stated that the respondent-senior college is not an industry. the provisions .....
Tag this Judgment!Court : Mumbai Nagpur
..... have submitted that rule 19 as amended is within the rule making power of the state government and is not contrary to the provisions of the prisons act, which by section 59 empowers the state government to frame such rules. it has further been stated that considering the previous experience of the convicts to misuse and/or abuse ..... to the relevant statutory provisions while considering the aforesaid challenge. the rules of 1959 have been framed by the state government in exercise of powers conferred by section 59 of the prisons act, 1894. initially, rule 19 read as under: "19. a prisoner may be released on parole for such period as the competent authority referred to ..... life or personal liberty only according to the procedure established by law. in so far as the aspect of "procedure established by law" is concerned, section 59 of the prisons act confers power on the state government to make such rules for the purposes of release on furlough and parole. in exercise of said rule making power .....
Tag this Judgment!Court : Mumbai Nagpur
..... to look after the affairs of such workshop and hostel, special teacher has been defined to mean a person holding qualification as prescribed by 1992 act. section (32) defines inspector to mean a person giving vocational training to specially abled persons and holding qualifications, as prescribed by vocational training department. it ..... special code. 10. he has relied upon section 2(n) and section 11 of 1992 act to buttress his submissions. sections 2 (9), (10), (11), (12 ..... 1997. to explain what is rehabilitation scheme envisaged under section 66 of 1995 act and the object behind special code, our attention has been drawn to the rehabilitation council of india act, 1992 (hereinafter referred to as 1992 act?). he submits that 1995 act and 1992 act, both, figure in aims and objects of above mentioned .....
Tag this Judgment!Court : Mumbai Nagpur
..... been sentenced to suffer rigorous imprisonment for ten years each and to pay a fine of rs.500/- each. they are also convicted of the offence punishable under section 354 read with section 34 of the indian penal code and are sentenced to suffer rigorous imprisonment for one year each and to pay a fine of rs.500/- each. appellant no ..... conveniently be away and the visit of the prosecutrix and the appellant in her house would raise no suspicion. it is the case of the prosecution that after the sex act, the prosecutrix went to the dancing performance rather than go to her parents and inform them of the suggested crime committed on her. in these circumstances, we are of ..... for conviction. in the present case, the examination-in-chief itself of p.w.1 itself, without reading the cross-examination, gives a strong impression that it was an act of sex by consent. 13. apart from this, the court has also taken note of the fact that the investigating officer had not recorded statement of daughter-in-law of .....
Tag this Judgment!Court : Mumbai Nagpur
..... accepted the contention of the respondent no.3 that his appointment was made in the manner prescribed for filling in the permanent vacancy as per sub-section (1) of section 5 of the meps act and the respondent no.3 was duly qualified possessing the qualifications of b.sc. (biology) and b.ed. there was no reason for the ..... for one academic session and the appointment should, therefore, be treated as one on probation for a period of two years in terms of sub-section (2) of section 5 of the meps act. 5. the school tribunal rejected the contention of the management that the respondent no.3 had no right to post, as he was appointed purely ..... managements. education has become a business and managements of private schools, with notable exceptions, are becoming pirates in the high seas of education. the interpretation of section 5 of the act must be purposive one that would attain the statutory object and not lead to a negation of statutory intent. once a permanent vacancy arises, a management .....
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 .....
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