Court : Mumbai Nagpur
..... upon the similar facts. the ratio of the division bench in the case of devidas matiramji surwade is that the term 'person' employed under sub-section (1) of section 14 of the said act has to be interpreted to mean the legal heirs of such person, who has encroached and continues to occupy the government land or the public property ..... upon any land, which is not a private property, but the government land or public property and to prosecute the persons creating such obstruction or encroachment. 9. section 184 of the said act deals with members, etc., of panchayats to be public servants, and it runs as under: 184. members, etc., of panchayats to be public servants. every ..... a member of a panchayat, and if he becomes a member of a panchayat, then he is not entitled to continue as such. the disqualification under section 14 is in respect of the acts, events, deeds, misdeeds, transactions, etc, which have been done, happened or occurred before entering into the office as a member of a panchayat as .....
Tag this Judgment!Court : Mumbai Nagpur
..... the most, the transfer in question would attract such item, and being an interdepartmental transfer, would not attract the provision of sub-section (1) of section 42 of the said act so as to require the notice of change to be given to the employees. he has relied upon the decision of the ..... of employees in the polyester department and increase in the strength of employees in the spurn yarn department in violation of sub-section (1) of section 42 of the bombay industrial relations act, whereas the industrial court holds that the illegal change attracts items 1, 2, 7 and 9 of schedule ii. the ..... and (iii) spurn yarn department, manufacturing synthetic yarn. apart from these three production departments, there were other supporting departments, such as utility department, administrative department, finance department, etc. the function of the utility department is to provide water, humidification, repairs and maintenance of refrigeration and air conditioning, etc. to the aforesaid three .....
Tag this Judgment!Court : Mumbai Nagpur
..... , but at the stage of appreciation of the evidence, which stage is yet to arrive. 18. about the contention that the main offence is only under section 3 of the mpid act for which the maximum punishment is of six years of imprisonment and the applicant is in jail for almost 2 years, i find that this is not the ..... to prima facie reveal the dishonest intention. a person like the applicant, who proclaims himself to be an expert in finances and investments, when gives a promise to do something which is far removed from realities of world of finances would, prima facie, know that the promise is elusive but a layman would not. this is because his expertise in ..... finances would enable him to know the turbulent upheavals witnessing sharp rise and fall in prices of shares and bullion that .....
Tag this Judgment!Court : Mumbai Nagpur
..... accepted for the reason that there is no provision of recording of statements of the person against whom inquiry is made either in section 42 or section 55b or section 311 of the act, 1965. under section 311, discretion has been given to the inquiry officer to summon and examine any person whose evidence appears to him to be material ..... pal and pradeep sangodker, referred to above, applies to only judicial authorities and not to the authorities like respondent no. 2 performing statutory functions under section 55b or section 42 of the act, 1965. 56. the argument of learned special counsel that these guidelines cannot be made applicable to the authorities like respondent no. 2 is against the ..... , it has been held to be part of articles 14 and 21 pervading them like brooding omnipresence (see: maneka gandhi vs. union of india a.i.r. 1978 sc 597) and striking at non-arbitrariness (ramana dayaram shetty vs. the international airport authority of india and others a.i.r. 1979 sc 1628). the principle .....
Tag this Judgment!Court : Mumbai Nagpur
..... respondent by a senior officer deputed in this regard. 26. it is thus submitted that there are no defects in the impugned orders issued under section 127 of the act as same are speaking orders with reasons for transfer of cases to jodhpur, which also establish necessity of centralizing all cases of petitioners for facilitating ..... petitioners from the jurisdiction of the income tax officer, wardha to the assistant commissioner of income tax, central circle-ii, jodhpur under the provisions of section 127 of the act. it was stated in that letter that the cases of mundra group are to be centralised for the purpose of coordinated investigations and assessments in jodhpur ..... jodhpur and also submits his self-assessment challans from time to time at jodhpur. the petitioner no.3 is also the chairman of a company shri chakra housing finance pvt. ltd., jodhpur whose registered and corporate office is shown as 37-a, ajit colony, jodhpur. all the activities of this company, which are related to .....
Tag this Judgment!Court : Mumbai Nagpur
..... court of sessions, nagpur on 28.11.2014. the charge came to be framed below exh. 11 for the offence punishable under section 120b, section 364a read with section 34, section 302 read with section 34, section 201 read with section 34 of the indian penal code. the accused pleaded 'not guilty' and claimed to be tried. 12. in the course of ..... the parliament for the safety and security of the citizens and the unity, sovereignty and integrity of the country, the punishment prescribed for those committing any act contrary of section 364a ipc cannot be dubbed as so outrageously disproportionate to the nature of the offence as to call for the same being declared as unconstitutional. judicial discretion ..... the mother of the accused wanted to purchase tvs scooty as well as motorbike of honda company. however, since she was not in a position to get the finance, the said vehicles were purchased in his name. however, the repayment of the loan was made by the mother of the accused. it is to be noted that .....
Tag this Judgment!Court : Mumbai Nagpur
..... directors to show to the trial court that they had nothing to do with the manufacture process and, therefore, they should not be held liable under section 34(2) of the act. 16. in the result, the application deserves to be dismissed. accordingly, the application is dismissed with costs of rs. 10,000/- (rupees ten thousand ..... a technical view based on pleadings in the complaint. mr. raichura contended that as per the settled law by this court in complaints under section 138 of the negotiable instruments act against company and directors also specific averment about the active role of directors in running the company has to be made, failing which the ..... foregoing paras, the avertments made in the complaint together with the evidence placed on record is more than sufficient to satisfy the requirement of section 34 of the drugs and cosmetics act, 1940. the averments made in complaint as reproduced in foregoing paras cannot be described as bald statements. the averments made in the complaint .....
Tag this Judgment!Court : Mumbai Nagpur
..... sr.no.2 for grant of an unaided school at village dhotra shinde. 3. as required by the provisions of section 6 of the maharashtra self-financed schools (establishment and regulation) act, 2012 (hereinafter to referred as 2012 act') this provisional placement was published and objections were invited. the objections received were scrutinized in the meeting dated 12th of ..... because of that placement could not have been taken away without extending petitioner an opportunity of hearing. he is relying upon the provisions of section 4 and section 6 of the 2012 act, mentioned supra to substantiate his contention. 6. learned assistant government pleader has relied upon reply affidavit to submit that an error which had ..... 26/3/2017.5.fdr rs.3 lakhs.26/3/2012 to 26/3/2017. 11. in this background when legal provisions are looked into, section 4(1) of 2012 act, in its first part, mandates that such applicant desirous of establishing a new school has to deposit the amount as specified in schedule 'c' as .....
Tag this Judgment!Court : Mumbai Nagpur
..... 8 of the arbitration and conciliation act, the apex court has held as under : "17. ... an analysis of section 8 would show that for its applicability ..... . in para 17 of the said judgment, after reproducing section ..... ) of section 8 of the arbitration and conciliation act would be maintainable. as to point no.(2) : 18. both the learned advocates have taken me through the judgment of the apex court in the case of branch manager, magma leasing and finance limited and another v. potluri madhavilata and another, reported in (2009) 10 scc 103 .....
Tag this Judgment!Court : Mumbai Nagpur
..... been misappropriated and ample material having been found against the applicants, the sanction of competent authority of ministry of coal was sought as per section 19 of the prevention of corruption act and the competent authority, after considering the material, has granted sanction to prosecute the applicants. it is submitted that the learned additional sessions ..... of ballarpur area does not show financial loss due to shortage of coal or theft of coal. the communication issued by the area finance manager ballarpur area dated 29th november, 2013 is pointed out to show that financial loss is not shown in the books of account/balance sheet/profit ..... learned additional sessions judge, have filed this revision application. 5. shri khajanchi, learned advocate for the applicants has pointed out the communication issued by the area finance manager, ballarpur area on 25th may, 2013 stating that the balance sheet of 31st march, 2011 or profit and loss account for the period 2010-2011 .....
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