Court : Mumbai Aurangabad
..... should be given priority and they should be absorbed in the services as group secretaries. the said communication also notices that the very important work of finance to the agriculture through computerization scheme is being done by the group secretaries in the state of maharashtra and therefore, farmers are getting loan within the ..... body meeting dated 27th february, 2004, it was specifically resolved that considering the ban imposed by the state government, the employees of respondent no.4 were authorized to act and sign as group secretary. it was further resolved that because of shortage of group secretary and to meet the exigencies, the employees of ..... 22nd and 23rd september, 2011 by the learned member, industrial court, latur in complaints (ulp) no.22, 26, 27, 25, 24, and 23/2008. 2. the relevant facts, as narrated in the complaints, are thus: the respondent no.1 herein are the original complainants before the industrial court. they filed the complaints stating therein that .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the said judgment, contents of the application which was filed by the respondents raising objection that, the execution proceedings are not within limitation, the counsel for the respondent no. 2 would submit that, this writ petition may be dismissed. 10. i have heard the counsel appearing for the parties. with the able assistance of the counsel appearing ..... when a higher forum entertains an appeal and passes an order on merit, the doctrine of merger applies. the relevant discussion on article 136 of the limitation act is in paragraph nos. 18 to 24 of the judgment in the case of chandiprasad (supra). said paragraphs read thus : 18. the reasons for bringing on the statute book ..... when it it becomes enforceable. 19. article 136 substantially reproduces the provisions of section 48(1) of the code of civil procedure which by reason of the act stands repealed. in that view of the matter, the parliament thought it fit to provide for one period of limitation for an application for execution in stead .....
Tag this Judgment!Court : Mumbai Aurangabad
..... already deposited. considering the scope in the proceedings under section 138 of negotiable instruments act regarding cases faced by him, following order: order (a) the conviction of the revision applicant in stcc no.1069/2007 dated 2.5.2008 confirmed in criminal appeal no.33/2008 is confirmed, however, instead of undergoing sentence of six months, as ..... consent of learned counsel, rule is made returnable and heard finally. 3. in stcc no.1069/2007, the revision applicant was convicted for offense under section 138 of negotiable instruments act by learned judicial magistrate, first class, latur, on 2.5.2008, directing to undergo simple imprisonment for a period of six months and to ..... pay compensation of rs.10,000/-. the matter was carried in appeal no.33/2008, however, on 3.11.2009, the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... division bench at bombay has taken a view that the government resolution is only recommendatory in nature and cannot be treated as binding on respondent no.2, instant petitions raising identical challenge do not deserve consideration. it has also to be taken note of that since policy prescribed by the government under ..... association. it is further stated that the government of maharashtra, in exercise of powers under section 133 read with sections 131 and 134 of electricity act, 2003, promulgated the scheme of transfer of employees and officers, so also regarding continuation of their service conditions by government notification dated 04.06. ..... , is impermissible. 6. the contentions raised by the petitioners are controverted by respondents contending that respondent-company is registered under section 617 of the companies act and the company can frame classification and recruitment regulations, 2005, being a government company, a legal entity, a juristic person, respondent company is not .....
Tag this Judgment!Court : Mumbai Aurangabad
..... on this simple and plain proposition, it is prima facie made out that the status of complainants on facts is that of workmen u/s 2(s) of the industrial disputes act. this fact was rather an indisputable or undisputed fact. 31] from the language employed in the rival pleadings before the industrial court, it is ..... the complainant and mr.sonar are working individually and independently with the respondent, but they are made victims of a camouflage contract. during last about 21 years, no other contractor has submitted tenders. the amount paid to the complainant and his assistant mr.sonar is quite below the minimum wages. other service benefits are not ..... the employer (lokmat newspapers). it was then pleaded that the officer who could have at disposal an employee may have employed him and hence there was no employer employee relationship between the complainant and the respondent. the complaint was dismissed at the threshold on the ground that the employer employee relationship was in dispute .....
Tag this Judgment!Court : Mumbai Aurangabad
..... appeal and held that the sugarcane purchase price paid to the members as well as non members cannot be disallowed by invoking provisions of section 40a(2) and 37(1) of the income tax act, 1961. the appellate authority, thus, directed to delete addition made to the tune of rs.9,86,08,069/-. that, so far as ..... r.m. borde, j. heard mr.alok sharma, assistant solicitor general for the appellant. none appears for the respondent, though served. 2. admit. 3. the respondent is a society registered under the maharashtra co-operative societies act, 1960. the society deals in manufacturing and sell of sugar. the co-operative society purchases sugarcane both from members and non members. ..... state) i.e. state advised price), is liable to be disallowed under section 40a(2) and 37(1) of the income tax act, 1961 and computed as taxable income of the assessee? 8. an identical question has arisen for consideration in tax appeal no.54 of 2010 and the division bench of this court, following the judgment in the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . (e) the result of petitioner's performance in 2nd semester of m.sc.(mathematics) is not declared. (f) the petitioner submitted application to the respondent no.2 and requested to declare the result. (g) petitioner was orally informed that her result cannot be declared for want of certificate of eligibility for admission to study ..... entitled to be admitted to m.sc.(mathematics) and has a right to get the certificate for eligibility. 19] reference to provisions of the maharashtra universities act, 1994 will show that various authorities of the universities and their powers have been prescribed in chapter iii and iv, and by the statutes and ordinances made ..... sc.(mathematics) course, by itself or in isolation does not constitute adequate ground for her eligibility. we have quoted few amongst the rules in foregoing paragraph no.11. when we consider entire body of rules, the effort is to avoid autocratic attitude of the colleges and institutions to grant admissions irrespective of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that in criminal law in many cases, retrospective operation is given even when the right is created. in this reported case, the provisions of juvenile justice act 2000 are discussed by the apex court. the apex court has laid down that this provisions need to be used for the benefit of juveniles, the persons ..... it is observed that in view of definition of domestic violence given in section 2(q), previous incidents of domestic violence are covered under the act. it needs to be kept in mind that the provisions of domestic violence act have no direct penal consequence of conviction and sentence as provided in article 20 of the constitution of ..... of private complainant (1) where the trial court has wrongly shut out evidence which the prosecution wished to produce, (2) where the admissible evidence is wrongly brushed aside as inadmissible, (3) where the trial court has no jurisdiction to try the case and has still acquitted the accused, (4) where the material evidence has been overlooked .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for in the present petition. thus, learned counsel for respondent no.2 urged that the present petition be dismissed. he relied upon judicial pronouncement of delhi high court, in the case of bobby kapoor vs. citi finance consumer finance india ltd. and others, reported at 2012 (2) bankers' journal 376, wherein it is observed thus: ..... trial court to conduct further cross examination of the complainant. 11. besides, admittedly, present case is a complaint filed under section 138 of negotiable instruments act, which is a summary trial and it cannot be overlooked that it shall be decided speedily. however, simultaneously, it also cannot be ignored that there ..... to the complainant. hence, the complainant filed complaint against the accused before learned judicial magistrate (f.c.), court no.1, aurangabad, under s.c.c. no. 5305/2009, under section 138 of negotiable instruments act. accordingly, learned judicial magistrate (f.c.) issued process against the accused. the accused appeared in the said .....
Tag this Judgment!Court : Mumbai Aurangabad
..... particulars of the publications. 13 section 80 of the representation of the people act, 1951, provides that no election shall be called in question except by an election petition presented in accordance with provisions of this chapter (chapter ii). section 81 of the act deals with presentation of petitions, whereas, section 82 provides for parties to ..... the petition. section 83 of the act provides for contents of the petition, which reads ..... of the petition on the ground that the petition has not been verified in the manner required by section 83(1) proviso of the act. according to respondent no.1, it is not only the form of affidavit matters but the substance that matters. it is contended that the petition suffers from absence .....
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