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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the trial court does not show that it called for the report of probation officer. 34. even for accused nos.2 and 4, the court should have called the report before invoking section 6 of the probation of offenders act. we have however refrained from interfering with that part of the order of the trial court, keeping in view the ..... keep peace and be of good behaviour ?. in view of section 6 of the probation of offenders act, there are restrictions on imprisonment of offenders under 21 years of age. we are not interfering with the application of offenders act to accused nos.2 and 4, however, the order suffered in simultaneous passing of the sentence of imprisonment and fine. for ..... the probation officer to be named by the trial court for a period of one year. the appellant nos.2 and 3 shall also enter into a bond with one surety each under section 4 (4) of the probation of offenders act, 1958 and observe the conditions of the bond and shall not involve themselves in any criminal offence. the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of natural justice inasmuch as neither before nor at the time of unsettling the long settled inter se seniority positions of the petitioner and respondent no.2, the respondent no.1 did not give any notice or any opportunity of being heard to the petitioner, and it straightway took the impugned action behind his ..... of the employees of the universities and affiliated colleges and in recognized institutions other than those recognized for research, specialized higher learning. the 100% of finance comes from the state government to the agricultural universities, and therefore, the state government which prescribes the terms and conditions of services of the academic staff ..... [krishi vidyapeeth statutes, 1990 [herein after referred as the said statutes of 1990 , for the sake of brevity]. as per section 54 of the said act, total control is of the state government, including creation of new posts, grant of pay scales, allowances, age of retirement, everything rests with the state government .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . nothing was noticed at the time of framing of charge also. even when the statement of accused under section 313 of cr.p.c. is perused, in answer to question no.2, if the original recording is seen, in marathi as well as english, the accused, in answer to question regarding they going to the funeral, initially said yes ? and then ..... which would be in the special knowledge of the defence in case the defence wanted to take advantage of the ground of mental illness. 31. section 105 of the evidence act and relevant illustration (a) reads as under : 105. burden of proving that case of accused comes within exceptions :- when a person is accused of any offence, the burden of ..... the court is concerned with legal insanity and not with medical insanity. (7) burden rests on the accused to prove his insanity by virtue of section 105 of the evidence act. (8) in order to get benefit of section 84, it has to be shown that the accused was labouring under such a defect of reason, from disease of the mind .....
Tag this Judgment!Court : Mumbai Aurangabad
..... petitioner company had challenged the order of reference dated 21.03.2006 issued by the deputy commissioner of labour, aurangabad under section 10 of the industrial disputes act, 1947. it was claimed that the reference of the purported dispute itself is unsustainable since few workers had raised an industrial dispute after 18 years of ..... proceedings by the respondent/ msrtc before the labour court. the respondent has specifically averred that all these reference cases are stale claims and there has been no explanation put forth by the petitioners as regards the circumstances which precluded them from approaching the labour court or from raising an industrial dispute. 27. the ..... bench considered the following judgments cited by the litigating sides while deciding the said case: 1. m/s shalimar works limited vs. their workman, air 1959 sc 1271. 2. nedungadi bank ltd. vs. k.p.madhavankutty, 2000(i) llj 561. 3. assistant executive engineer, karnataka vs. sri shivalinga, 2002 (i) clr 321. 4. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 21] was recovered vide memorandum panchanama exh.132 and seized under panchanama exh.133 from the field of kashinath doke. on 10.10.2010, at the instance of accused no. 2 navnath bhiva hagare rumane [wooden handle of plough] [article 22] was recovered vide memorandum panchanama exh.134 and it was seized under seizure panchanama exh.135 from ..... many as 6 injuries. it is submitted that, though she stated in her statement before the police that, 6 accused persons were present on the spot, and overt act is attributed to them. in her deposition before the court, she has only named three accused persons. it is further submitted that, though pw-1 claimed in her ..... the villagers were going towards the field of bhagwat hagare by uttering the words khun zhala, khun zhala . however, he stated that, he has not seen accused nos. 2 to 6 came running from the side of field of bhagwat hagare. the learned app sought permission from the court to cross examine this witness since witness was not supporting .....
Tag this Judgment!Court : Mumbai Aurangabad
..... . 16. other defendants have filed similar written statement. they have also given some sale and purchase instances in respect of plaintiff. they have denied that defendants nos. 1 and 2 are not doing the business in the suit property. 17. the issues were framed on the ground like 'defaulter' and 'bonafide requirement of the plaintiff for ..... decision given by the district court by exercising revisional jurisdiction. 20. for getting the relief of possession under section 16 (1) (g) of maharashtra rent control act, the plaintiff has given particulars of his requirement in the pleadings. the plaintiff has also given the information about the present business of his son zumbarlal and he ..... body as the demand notice is served on the owner, landlord by local body. even in view of the provision of section 12 of maharashtra rent control act, such demand needs to be made by the landlord. unless the demand is specific, giving necessary particulars, the landlord cannot say that the tenant has failed .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the offence under the said act. therefore, the learned counsel appearing for the petitioners, relying upon the following judgments of the various high courts and the supreme court namely, i] shekh nek mohammad vs. the state of maharashtra in criminal misc. no. 39279/2009 decided on 4th january, 2010 [patna high court], ii] sri s. bylaiah vs. ..... the outset, it would be apposite to reproduce herein below the provisions of section 55 of the wild life [protection] act, 1972, which reads thus: 55. cognizance of offences. no court shall take cognizance of any offence against this act except on the complaint of any person other than - (a) the director of wild life preservation or any other ..... against the applicant; 4. where the allegations in the f.i.r. do not constitute a 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 f.i.r. or complaint are so absurd .....
Tag this Judgment!Court : Mumbai Aurangabad
..... him about the size of injury of temporal region. however, he replied that, he has not specifically given size of the said injury no. 2 in column no. 17. he has denied suggestion that, injuries mentioned in column no. 17 are not possible due to axe blow. 29. the prosecution examined ganesh ranganathrao allewar as pw-8. in his examination in chief ..... killed by inflicting blows on their vital part in the government hospital, not only created terror in the government hospital, which is a public place, but the said act must had impact on the society. therefore, the trial court keeping in view the judgment of the supreme court in the case of hari ghos vs. state of ..... arrested in police station. neither there was any ill-treatment to the wife, nor any dispute. he had never gone to the hospital and he had never committed any act. nobody was examined by the side of accused. 9. the trial court after conducting full-fledged trial convicted the appellant for the offence punishable under section 302 of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... following judgments has, therefore, quantified compensation in lieu of reinstatement: 1. assistant engineer, rajasthan state agriculture marketing board, sub-division, kota vs. mohanlal [2013 llr 1009], 2. assistant engineer, rajasthan development corporation and another vs. gitam singh [(2013) 5 scc 136], 3. bsnl vs. man singh [(2012) 1 scc 558] and 4. jagbir ..... required by section 25(b) of the i.d.act. 5. the learned agp strenuously submits that the engagement of the respondent/workman is apparently a back door entry, no application for employment was filed, no applications were called for by the petitioners and there was no selection and appointment procedure that was followed. 6. it ..... 1. rule. rule made returnable forthwith and heard finally by the consent of the parties. 2. the petitioners are aggrieved by the impugned judgment and award dated 17/04/2013 delivered by the labour court, aurangabad in ref.(ida) no.1/2003. 3. it is not in dispute that the respondent workman was engaged as a .....
Tag this Judgment!