Court : Mumbai Aurangabad
..... , the rural development and water conservation department, government of maharashtra, mantralaya, mumbai i.e. respondent no.2, can take away the protection granted by the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai, in favour of the employees working in rural areas, ..... conditions of the employees, the section 248 of the maharashtra zilla parishad and panchayat samiti act, 1961 enables respondent no.2 to take such steps. the provisions of section 248 of the maharashtra zilla parishads and panchayat samitis act, 1961 reads thus: 248. recruitment and conditions of service of persons serving the zilla ..... the affidavit in reply and submits that, the circulars are issued by taking recourse to section 248 of the maharashtra zilla parishads and panchayat samitis act, 1961, and therefore, they have the statutory force, therefore, the petition deserves to be rejected. 5. this petition raises short but important .....
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..... record of 500 pages. it more lean, that directions of some higher officers were followed. the order of detention was prepared, including grounds, and respondent no.2 has signed, without application of mind on the dotted lines. the detaining authority did not settle the detention order.7. reliance was placed to following judgments ..... caused destruction to the property of university, created terror and commotion. the detenu had even formed police hakka parishad, instigated government servants, thereby indulging in acts against the country. he issued press notes against administrative officers of the government with blatant accusations. he addressed womenfolks obscenely in the office thereby created macabre ..... found to be prejudicial to the maintenance of public order and, hence, it has become imperative and necessary to detain him under the provisions of mpda act, 1981, to remove fear from the mind of residents of jalgaon district.4. the detenu, it is alleged, has formed unlawful assembly, had .....
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..... deserve to be quashed and set aside.12. learned a.p.p. for respondent nos.1 and 2 opposed present petition vehemently and submitted that impugned order dated 24.12.2009 was passed by respondent no.2, after following due procedure prescribed under the police act and after issuance of show cause notice to the petitioner. it is also submitted ..... on 29.9.2009. it also appears that after hearing petitioner's advocate, the respondent no.2 passed an order on 24.12.2009 under section 56(1) (a)(b) of bombay police act, 1951 (hereinafter referred to as "the said act") and directed the petitioner not to enter in the boundaries of three districts namely ahmednagar, ..... the order dated 24.12.2009 passed by respondent no.2 discloses that two offences were registered against petitioner, i.e. c.r.no.i237/2006 and another c.r.no. 128/2007 under section 379 of the indian penal code and sections 3 and 15 of the environment (protection) act, 1986, pertaining to kopargaon police station, district ahmednagar .....
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..... this petition. 9] learned counsel appearing for the petitioner submits that the respondent no.2 has no jurisdiction to entertain the appeal filed by respondent no.1. respondent no.2 acted without jurisdiction and beyond the powers vested in it. it is submitted that the administrator has no authority/power to enroll the new member. in support of this contention, learned ..... administrator cannot be continued for more than six months. it is further case of the petitioner that the said administrator i.e. respondent no.2 herein has acted against the provisions of the said act and the said rules while discharging his duty qua the petitioner society. 6] it is the case of the petitioner society that in ..... passed by the general body, which is the supreme authority in view of the provisions of section 72 of the said act, could not have been brushed aside so easily by the respondent no.2. it is submitted that grant the membership to a particular person is within the domain of the petitioner society and .....
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..... by way of filing affidavit on oath on 15th june, 2011 has not disbursed/ paid the unpaid salary of the petitioner. the management i.e. respondent no.2, did not continue to pay the regular salary to the petitioner as an assistant teacher in spite of solemn undertaking given to this court. therefore, the alleged ..... v. dharam godha and others[(2003) 11 scc 1], this court was called upon to decide whether the respondents i.e. shri dharam godha, chairman, nouveau capital & finance ltd.; shri s. jagadeesan, joint secretary, ministry of industry, department of industrial policy and promotion, government of india; shri g.s. kang, secretary, department of industries, ..... from articles 129 and 215. therefore the constitutionally vested right cannot be either abridged, abrogated or cut down, by any legislation including the contempt of courts act. therefore, the submission of the contemnor that the impugned order is vitiated on the ground of procedural irregularities and that article 215 is to be read .....
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..... prescribed under section 127 of the m.r.t.p. act, the petitioner on 9.2.2008, issued notice under section 127 of the m.r.t.p. act to respondent no.2 municipal council. this notice was received by respondent no.2 on 11.2.2008. on 16.7.2008, respondent no.2 passed a resolution to send proposal for acquisition to the ..... collector,jalna. the chief officer, municipal council, jalna, vide his letter dated 2/7/2008, sent the proposal for acquisition ..... the taluka inspector of land record, jalna to measure the said land. after this act of the land acquisition officer, no further steps of whatsoever nature, including issuance of declaration under section 6 of the land acquisition act, were taken by respondent no.2 or the special land acquisition officer. in other words, the steps taken by the .....
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..... pimpalner police station and filed the complaint exh.42. head constable panhalkar registered the offence as crime no. 3 of 1991 under section 7, 12 (1) (d) r.w. section 13(2) of the prevention of corruption act, 1988. thereafter, he obtained certificate extract of crime no. 104 of 1990 and 105 of 1990 of p.s. pimpalner from head constable panhalkar. the original ..... register did not show timing of the arrest of laxman are and rajabhau are in crime no.104 of 1990. accordingly he verified and .....
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..... high court bench at aurangabad for the same. thereafter also smt.mundhe was called upon to bring permission from her management, though there is no such provision in the act or rules, which is also brought on record even then he was not allowed indirectly to participate in the proceeding. the manner in which ..... writ petition is devoid of any merit and same may be dismissed. 17. learned counsel appearing for respondent no.2 - education officer (primary), zilla parishad, aurangabad, invited my attention to affidavit-in-replies filed by respondent no.2 and submitted that so far as question of seniority is concerned, same cannot be adjudicated in the present proceedings ..... wages should have been granted by the school tribunal to the appellant. 36. learned counsel appearing for respondent no.3 herein - original appellant, relying upon the provisions of section 11(2) of the m.e.p.s. act, 1977, vehemently argued that setting aside the impugned termination order is a main relief and granting of other .....
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..... the petition was allowed to be amended. the petitioner in para 24-a states that after the writ petition was filed, on 2-12-1995 the respondent no.8 had passed award under the proceedings initiated under land acquisition act and the compensation was determined for an amount of rs. 57,69,701/-. a copy of the award was annexed to the ..... that they had already requested for extension of further period from 1-10-1982. the company exercised its power under section 5(2) and 7(3) of the esso (acquisition of undertakings in india) act 1974. according to the petitioner, the respondent no.3 hpcl was successor in title of the esso company and as per the agreement of lease the respondent ..... in the matter of computing the period prescribed under clause (ii) of the first proviso to section 6(1).xxx xxx xxxxxx xxx xxx17. in the light of the law laid down by this court, we have no hesitation to hold that the declaration published under section 6 of the act was well within one year and the challenge to the same .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the selection of the private respondents (hereinafter referred to as the respondents) to the posts of civil engineering assistants, pursuant to the advertisement no. 2/2008. the petitioners claim that these respondents did not possess the qualifications required for being selected to the posts of the civil engineering assistants, ..... fundamental rights have been affected. we would presently advert to these judgements. 05. while considering whether administrative tribunals constituted under the administrative tribunals act, 1985 are empowered to adjudicate on the vires of statutory provisions or consider whether there is a breach of any fundamental rights guaranteed under ..... earlier, has held in this judgement that the high court should not entertain any petitions pertaining to service matters, as envisaged under the administrative tribunals act, and the parties must be relegated to the tribunal. in our opinion, the petitioners ought to have, therefore, approached the administrative tribunal in .....
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