Court : Mumbai Aurangabad
..... and if it is satisfied that the curtailment of the period of notice will no cause any administrative inconvenience, the appointing authority, with the concurrence of the finance department, may relax the requirement of notice of three months on the condition that the government servant shall not apply for commutation of a part of his ..... though he submits that the resignation was accepted forcibly, it cannot be ignored that the employee did not approach the school tribunal u/s 9 of the meps act, 1977 for alleging forceful resignation amounting to illegal termination from service. he has approached this court by filing a writ petition in 2009 after 4 years and ..... of the learned advocates and have gone through the record available and the petition paper book with their assistance. 10. the entire issue turns upon the purported act of forgery committed by the employee and the subsequent resignation said to have been submitted by him. 11. the employee has stated that his signatures appearing on .....
Tag this Judgment!Court : Mumbai Aurangabad
..... .1986. 12. it is further submitted that the employees of the corporation are paid gratuity as per the payment of gratuity act, 1972 (for short the act of 1972 ). section 4 (6) (a) of the act of 1972 provides that the gratuity amount payable to the employee can be forfeited if the conduct of the employee has caused ..... the facts of the case in writ petition no.3545/2014 (nagesh jagdishrao deshpande vs. the state of maharashtra and managing director, maharashtra state other backward class finance and development corporation ltd. the ratio laid down in unreported judgment of the division bench of the bombay high court bench at aurangabad in writ petition no.3545 ..... the maharashtra civil services (discipline and appeal) rules, which provide for continuation of enquiry for major misconduct by issuing of chargesheet. the penalties are set out under section 5. if a government servant is not in service then none of those penalties can be imposed. thus, any enquiry initiated and in which there is no .....
Tag this Judgment!Court : Mumbai Aurangabad
..... zilla parishad party, or as the case may be, panchayat samiti party, concerned, have agreed to such merger. section 6. .. .. .. ... ... section 7. .. .. .. ... ... section 8. .. .. .. ... ... section 9. .. .. .. ... .... section 10. (1) the provisions of this act and the rules shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in ..... be read in such manner that the provisions contained in the second proviso shall prevail over the provisions of the disqualification act. 48. sub-section (2b) of section 63 relates to nomination of councillors on the committees and the collector is required to take into account the relative strength ..... of the main part of the section; (iii) to exclude some possible misinterpretation of the section; a proviso, therefore, should never be used to extend scope of the section." 70. as has been observed by the supreme court in the matter of rbi vs. peerless general finance and investment co. ltd., reported .....
Tag this Judgment!Court : Mumbai Aurangabad
..... pension, are not surviving. this government resolution has been made applicable to the employees of the maharashtra zilla parishads vide proviso to section 248 of the maharashtra zilla parishads and panchayat samities act, 1961. 14. in the 'introduction' part of the said government resolution it is mentioned that since the definition of the ..... here reference may be made to the government resolution no.pen 2011/cr54/ seva-4, dated 22nd january, 2015 published by the government of maharashtra, finance department, whereby mother of the deceased government servant, who is wholly dependent on him, has been held to be entitled to get family pension if other ..... was granted family pension. 6. the learned counsel further pointed out the resolution, dated 22nd january, 2015 passed by the government of maharashtra, department of finance, whereby in the absence of the relations of the deceased employee having preferential right to get family pension, the mother of such single government employee, wholly .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . gurcharan singh was the applicant before the high court and dispute was raised that the respondent firm was unregistered. the learned single judge discussed section 69 of the partnership act. it also considered the judgment in the matter of mr. amit desai (supra) to observe that the judgment in the matter of amit desai ..... of amounts covered by cheques issued by such companies. it appears that against those directors process had been issued by the magistrate under section 138 of the act. the company moved the board for industrial finance and reconstruction (bifr) to declare it a sick industrial company. when the proceedings were pending before bifr under ..... section 16 of the sick industrial companies (special provisions) act, 1985 ('sica" for short), a declaration was made by the order passed by bifr as per section 22(3) of sica. on .....
Tag this Judgment!Court : Mumbai Aurangabad
..... bench of this court in the case of maharashtra cooperative housing finance society ltd. (supra) concluded that a claim which is not entertainable by civil court under section 9 of the civil procedure code cannot be allowed to be entertained under section 91 of the cooperative societies act. this is a restrain on the exercise of jurisdiction by ..... i) the respondents were therefore promoted purely on temporary basis on 07.04.1976. (j) on 26.02.1978, the staff pattern of the nanded branch was approved by the divisional committee. (k) on 28.10.1982, the district loan committee finalised and approved ..... nos. 10 to 12 covered the ministerial and technical attendants/staff. (h) considering the emergent situation, the petitioner issued temporary promotional orders on 07.04.1978 to all the respondents as a temporary arrangement till the petitioner finalised the seniority list, determined the promotional policy and effected promotions as per the policy. ( .....
Tag this Judgment!Court : Mumbai Aurangabad
..... policy], department of agriculture cooperation and farmers welfare, ministry of agriculture and farmers welfare, krishi bhawan, new delhi, issued a letter to the minister of finance, stating that, four year degree in agriculture and allied disciplines like agricultural biotechnology, food science, agriculture business management, etc. may be included in the eligibility ..... processing and forestry may not be treated as requisite qualification for the recruitment of agriculture field officer under the banking sector. according to the respondents acting upon the said opinion, which was received prior to the issuance of the advertisement for the post of agricultural field officer, the qualification b.sc ..... also b.sc. agricultural biotechnology and the said information has been provided to one yogesh ghan by the union bank under the right to information act, and therefore, the respondents are required to be directed to consider the claim of the petitioners also. it is further submitted that, the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the admissibility report in this behalf from the accountant general (accounts and entitlement), maharashtra, mumbai or nagpur, as the case may be. the approval of the finance department for the payment of such interest shall not be necessary. (3) in all cases, where interest has been authorized on pension or family pension, as ..... were eligible for permanency benefits from 1.1.1979. as such, they had fulfilled the criteria of qualifying service for pension. the state government should have acted in promptitude in releasing their pensionary benefits. same were not made available and that led to a struggle by the respondents. they finally reached this court, which ..... 3.2006, the state sanctioned the funds for payment of pension to the respondent employees. 25. the learned agp, therefore, submits that neither has the state acted unfairly, nor has it deliberately delayed the payment of pension to these employees. he supports the contentions of shri shahane for the petitioner and prays that these .....
Tag this Judgment!Court : Mumbai Aurangabad
..... issue of illegality as well, and that the labour court had no exclusive jurisdiction to answer the said issue. though the decision is under another provision of the act, namely section 11, we are of the view that the view taken there will equally apply to the case such as the present one, where the industrial court while trying ..... while dealing with the said question, the learned single judge has observed in paragraph 20 of the judgment that the provisions contained in subsection (5) of section 25 of the act providing for 48 hours locus penitentiae is a fiction specifically enacted by the legislature and hence even in a case of a clear apparently illegal strike, granting ..... of the act. we have then more or less a direct unreported decision of a division bench of this court in special civil application no.1503 of 1978 decided on 14th august 1978. in this case, an application for recognition was made by the union which was resisted by the employer on grounds, among others, that the union had .....
Tag this Judgment!Court : Mumbai Aurangabad
..... expected to prove the things like execution of document and contents of the document. relevant provisions in that regard are quoted hereinafter. 14. the provision of section 59 of the evidence act reads as under:- "59. proof of fact by oral evidence.-- all facts, except the contents of documents or electronic records, may be proved by ..... oral evidence." thus, the ordinary rule is that for proving contents of document, the document itself is the best evidence. section 61 of the evidence act relaxes this rule. section 61 and other provisions show that when there are circumstances due to which it is not possible to produce the document and the grounds ..... 1) [nathulal vs. pholchand], the apex court has observed that for showing readiness and willingness the purchaser need not produce money or vouch concluded scheme for financing the transaction. it is already observed that the nature of proof of readiness and willingness to perform the part of contract depends on facts and circumstances of .....
Tag this Judgment!