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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..... any proceeding relating to any such unfair labour practices. further sub-section (2) of section 21 provides that notwithstanding anything contained in the bir act, 1946, no employee in any industry to which the provisions of the said act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified ..... , individual employees are specifically prohibited from participating in certain proceedings. thus section 20(2)(b) in chapter iv provides that when there is a recognised union for any undertaking, no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the industrial disputes act, 1947 (not being a proceeding in which the legality or propriety of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... statute to the contrary, it is the duty of the authority to act judicially and the decision of the authority is quasi judicial act. (ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then although there are no two parties apart from authority and the contest is between the authority ..... proposing to do the act and the subject opposing it, the final determination of ..... take. we accordingly hold that the state government disposing of an appeal against an order of externment is not under a duty to act judicially and does not exercise a quasi judicial power. no obligation to give reasons can, therefore, be imported in the exercise of the power of the state government in disposing of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... only to mislead this court. had that been the case, it was expected that the employee would have promptly lodged some complaint either with the management or respondent nos. 2 and 3 making his grievance that his signatures were obtained on blank papers. even in the memo of the appeal, this has not been the case of ..... 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 which ..... period of notice of three months on merits 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 .....
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..... under provision of order vii, rule 11 of c.p.c. respondent no.1 has raised following points. 1) whether the election petition is maintainable as it does not contain any of the ground contemplated under section 100 of representation of peoples act, 1951? 2) whether the election petition suffers on the count of non compliance of ..... provisions of sections 81, 82 and 83 of representation of peoples act, 1951? 3) whether the election petition suffers on the count that there are no full particulars of any corrupt practice which the ..... . in the pleading, allegations are directly made against respondent no.1 that he himself spent the amount and there are no allegations that he spent the amount through his election agent or other agent. 12. the provision of section 100 (2) of the act reads as under :- "(2) if in the opinion of the high court, a returned .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in similar fashion, if a councillor elected as an independent joins any political party, aghadi or front also incurs disqualification within the meaning of section 3(2) of the disqualification act. in paragraphs no.20, 25 and 30 of the judgment, the division bench of this court has observed thus: "20. reliance is also placed on the case ..... 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 in (1987) 1 scc 424, the textual interpretation that matches the contextual is known to be best interpretation. it is observed in ..... term "original political party" or "aghadi", appearing in section 5, would mean the party at its national level and would not mean "municipal party". the issue no.(ii), referred for consideration is answered accordingly. 76. it has been brought to our notice by learned counsel appearing for both the parties that the elective term of the .....
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..... . the documents to be placed on record during the course of the day. 2) list as per cmis date. 3) till next date of hearing, further proceedings in rcc no.253/2013 pending before the jmfc, parli vaijnath shall remain stayed. parties to act on authenticated copy of this order." 12. the learned division bench rejected the ..... . 20. shri salunke has placed reliance upon the following judgments:- (i) paramjeet batra vs. state of uttarakhand, criminal appeal no.2069/2012 arising out of special leave petition (criminal) no.7720/2011, decided on 14.12.2012. (ii) state of haryana vs. ch.bhajan lal and others, air 1992 sc 604 (1). (iii) an unreported order of ..... where the allegations in the fir do not constitute a cognizable offence, but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code. 5) where the allegations made in the fir or complaint are so absurd and inherently improbable .....
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..... delay in the matter. he, therefore, prays for quashing of the impugned order and seeks condonation of delay. 8. shri kakade, learned advocate appearing on behalf of respondent no.2, strenuously opposes this petition. by relying on the pleadings in the application for condonation of delay, shri kakade submits that an untrue story has been narrated by the petitioner in ..... p.c. to question the correctness of the judgment and order of acquittal passed by the trial court in favour of respondent nos.2 to 6 in sessions case no.293/2010." "10. the proviso to section 372 of cr.p.c. was amended by act no.5 of 2009. the said proviso confers a statutory right upon the victim, as defined under section ..... 2(wa) of cr.p.c. to prefer an appeal against an order passed by the trial court either acquitting the accused or convicting him/her for a .....
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..... the respondent supported the order passed by the joint charity commissioner. he has submitted that, while dealing with an application filed under section 36 of the said act, the joint charity commissioner has to take into consideration the interest, benefit and protection of trust. therefore the interest of respondent trust is of paramount consideration so ..... leads to filing of present petition. the respondent is a public trust duly registered under the provision of the maharashtra public trust act, 1950 (hereinafter referred to as said act ). it owns an agricultural land bearing block no. 2985 at village sonai, tq. newasa, district ahmednagar admeasuring 7 hector, 63 r. there exist cattle shed, electric water ..... l. achliya, j. 1. rule. rule is made returnable forthwith. with consent of parties, petition is heard finally at the stage of admission. 2. by the present petition filed under article 226 of the constitution of india the petitioner has claimed reliefs as follows:- b. issue a writ of .....
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..... raju anna shetti, member of parliament and a member of sugar cane control board constituted u/sec. 3 of the maharashtra regulation of sugarcane price (supply to factories) act 2013. according to the learned counsel appearing for intervenor, the c.a.c.p. is a statutory body constituted to calculate cost of agricultural produce and to advice the ..... vs. state of maharashtra reported in 1995 (supp) 3 scc 475 to submit that, the price fixation can be challenged on the ground that the authority did not act in accordance with guidelines for fixation of price laid down in the control order 1966. the respondents have miserably failed to adhere to the relevant factors laid down under ..... v. gangapurwala, j. 1. these petitions assail the fair and remunerative price (hereafter referred as the "f.r.p." for the sake of brevity) fixed by respondent nos. 1 and 2 for the year 2014-2015 and 2015-2016. the challenge to the said f.r.p. is based on similar grounds, as such to avoid rigmarole, all these petitions .....
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